August 13, 2010 – Federal Register Recent Federal Regulation Documents

United States Department of Agriculture Research Misconduct Regulations for Extramural Research
Document Number: 2010-20109
Type: Rule
Date: 2010-08-13
Agency: Office of the Chief Financial Officer, Department of Agriculture
The Office of the Chief Financial Officer (OCFO) is establishing U.S. Department of Agriculture (USDA) regulations implementing the Federal Policy on Research Misconduct applicable to extramural research. The regulation defines research misconduct and establishes basic USDA requirements for the conduct of fair and timely investigations of alleged or suspected infractions. The regulation also includes instructions on USDA administrative actions when research misconduct is found.
Cooperative Agreements and Superfund State Contracts for Superfund Response Actions
Document Number: 2010-20086
Type: Rule
Date: 2010-08-13
Agency: Environmental Protection Agency
This rule amends the regulation by allowing interim progress reports to be due in 60 days, instead of the current 30-day requirement, following the close of the quarterly and semi-annual reporting periods. In addition, this amendment allows the recipient of a Superfund State Contract (SSC) to request that EPA apply any overpayment of cost share to another site. The revisions affect States, Indian Tribes, intertribal consortia, and political subdivisions. The revisions will improve the administration and effectiveness of Superfund Cooperative Agreements and Superfund State Contracts.
Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fisheries; 2010 Atlantic Deep-Sea Red Crab Specifications In-season Adjustment
Document Number: 2010-20077
Type: Rule
Date: 2010-08-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This rule adjusts the target total allowable catch (TAC) and corresponding fleet days-at-sea (DAS) allocation for the Atlantic deep- sea red crab fishery that were implemented in May 2010. This adjustment is consistent with the most recent recommendation by the New England Fishery Management Council's (Council) Scientific and Statistical Committee (SSC) and the implementing regulations for the Atlantic Deep- Sea Red Crab Fishery Management Plan (FMP) allowing NMFS to make an in- season adjustment to the specifications, after consulting with the Council. In May 2010, NMFS finalized the fishing year (FY) 2010 specifications for the red crab fishery, including a target TAC and a fleet-wide DAS allocation.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 17A
Document Number: 2010-20070
Type: Proposed Rule
Date: 2010-08-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this proposed rule to implement Amendment 17A to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This proposed rule would establish an annual catch limit (ACL) for red snapper of zero, which means all harvest and possession of red snapper in or from the South Atlantic EEZ would be prohibited, and for a vessel with a Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper, harvest and possession of red snapper would be prohibited in or from state or Federal waters. To constrain red snapper harvest to the ACL, this rule would implement an area closure for South Atlantic snapper-grouper that extends from southern Georgia to northern Florida where all harvest and possession of snapper-grouper would be prohibited (except when fishing with black sea bass pots or spearfishing gear for species other than red snapper), and require the use of non-stainless steel circle hooks north of 28[deg] N. lat. Additionally, Amendment 17A would establish a rebuilding plan for red snapper, require a monitoring program as the accountability measure (AM) for red snapper, and specify a proxy for the fishing mortality rate that will produce the maximum sustainable yield (MSY) and specify optimum yield (OY). The intended effects of this rule are to end overfishing of South Atlantic red snapper and rebuild the stock.
Impact Aid Programs
Document Number: 2010-20065
Type: Proposed Rule
Date: 2010-08-13
Agency: Department of Education
The Secretary proposes to amend the regulations governing the Impact Aid Discretionary Construction Program, which is authorized under section 8007(b) of the Elementary and Secondary Education Act of 1965, as amended (ESEA). Through this program, the Department provides competitive grants for emergency repairs and modernization of school facilities to certain eligible local educational agencies (LEAs) that receive Impact Aid formula funds. The proposed regulations amend a provision regarding the submission of applications for these Federal funds, which the Department believes will improve the administration and distribution of funds under this program. The proposed regulations would apply to the grant competitions after the competition for fiscal year (FY) 2009 funds.
Correction to Internal Citation of “Extremely Flammable Solid” and “Flammable Solid”
Document Number: 2010-20063
Type: Rule
Date: 2010-08-13
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') is amending its regulations concerning exemptions for small packages, minor hazards, and special circumstances to correct internal citations to the definitions of ``extremely flammable solid'' and ``flammable solid'' in our regulations.
Application of Section 108(i) to Partnerships and S Corporations
Document Number: 2010-20061
Type: Proposed Rule
Date: 2010-08-13
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations relating to the application of section 108(i) of the Internal Revenue Code (Code) to partnerships and S corporations. The temporary regulations provide rules regarding the deferral of discharge of indebtedness income and original issue discount deductions by a partnership or an S corporation with respect to reacquisitions of applicable debt instruments after December 31, 2008, and before January 1, 2011. The regulations affect partnerships and S corporations with respect to reacquisitions of applicable debt instruments and their partners and shareholders. The text of the temporary regulations published in this issue of the Federal Register also serves as the text of these proposed regulations.
Guidance Regarding Deferred Discharge of Indebtedness Income of Corporations and Deferred Original Issue Discount Deductions
Document Number: 2010-20060
Type: Rule
Date: 2010-08-13
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains temporary regulations under section 108(i) of the Internal Revenue Code (Code). These regulations primarily affect C corporations regarding the acceleration of deferred discharge of indebtedness (COD) income (deferred COD income) and deferred original issue discount (OID) deductions (deferred OID deductions) under section 108(i)(5)(D), and the calculation of earnings and profits as a result of an election under section 108(i). In addition, these regulations provide rules applicable to all taxpayers regarding deferred OID deductions under section 108(i) as a result of a reacquisition of an applicable debt instrument by an issuer or related party. The text of these temporary regulations also serves as the text of proposed regulations (REG-142800-09) set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register.
Guidance Regarding Deferred Discharge of Indebtedness Income of Corporations and Deferred Original Issue Discount Deductions
Document Number: 2010-20059
Type: Proposed Rule
Date: 2010-08-13
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
In the Rules and Regulations section of this issue of the Federal Register, the IRS and the Treasury Department are issuing temporary regulations (TD 9497) under section 108(i) of the Internal Revenue Code (Code). These regulations primarily affect C corporations regarding the acceleration of deferred discharge of indebtedness (COD) income (deferred COD income) and deferred original issue discount (OID) deductions (deferred OID deductions) under section 108(i)(5)(D), and the calculation of earnings and profits as a result of an election under section 108(i). In addition, these regulations provide rules applicable to all taxpayers regarding deferred OID deductions under section 108(i) as a result of a reacquisition of an applicable debt instrument by an issuer or related party. The text of the temporary regulations also serves as the text of these proposed regulations.
Application of Section 108(i) to Partnerships and S Corporations
Document Number: 2010-20058
Type: Rule
Date: 2010-08-13
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains temporary regulations relating to the application of section 108(i) of the Internal Revenue Code (Code) to partnerships and S corporations and provides rules regarding the deferral of discharge of indebtedness income and original issue discount deductions by a partnership or an S corporation with respect to reacquisitions of applicable debt instruments after December 31, 2008, and before January 1, 2011. The regulations affect partnerships and S corporations with respect to reacquisitions of applicable debt instruments and their partners and shareholders. The text of these temporary regulations also serves as the text of the proposed regulations set forth in the Notice of Proposed Rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel Lottery in Areas 542 and 543
Document Number: 2010-20056
Type: Rule
Date: 2010-08-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is notifying the owners and operators of registered vessels of their assignments for the 2010 B season Atka mackerel fishery in harvest limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the harvest of the 2010 B season HLA limits established for area 542 and area 543 pursuant to the final 2010 and 2011 harvest specifications for groundfish in the BSAI.
Alternatives to the Use of External Credit Ratings in the Regulations of the OCC
Document Number: 2010-20048
Type: Proposed Rule
Date: 2010-08-13
Agency: Office of the Comptroller of the Currency, Department of Treasury, Department of the Treasury, Comptroller of the Currency
Section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act) directs all Federal agencies to review, no later than one year after enactment, any regulation that requires the use of an assessment of credit-worthiness of a security or money market instrument and any references to or requirements in regulations regarding credit ratings. The agencies are also required to remove references or requirements of reliance on credit ratings and to substitute an alternative standard of credit-worthiness.
Deposit Insurance Regulations; Permanent Increase in Standard Coverage Amount; Advertisement of Membership; International Banking; Foreign Banks
Document Number: 2010-20008
Type: Rule
Date: 2010-08-13
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
On July 21, 2010, the President signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank'' Act). Section 335 of the Dodd-Frank Act made permanent the standard maximum deposit insurance (``SMDIA'') amount of $250,000. The FDIC is conforming its regulations to reflect this recent congressional action.
Suspension of Community Eligibility
Document Number: 2010-20006
Type: Rule
Date: 2010-08-13
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
Document Number: 2010-20000
Type: Rule
Date: 2010-08-13
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single-Employer Plans prescribes interest assumptions for valuing and paying certain benefits under terminating single-employer plans. This final rule amends the benefit payments regulation to adopt interest assumptions for plans with valuation dates in September 2010. Interest assumptions are also published on PBGC's Web site (https://www.pbgc.gov).
Safety Zones; Fireworks Within the Captain of the Port Sector Boston Zone
Document Number: 2010-19977
Type: Rule
Date: 2010-08-13
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing temporary safety zones within the Captain of the Port Sector Boston Zone for various fireworks events. These safety zones are necessary to provide for the safety of life on navigable waters during these fireworks events. Entering into, transiting through, mooring or anchoring within these zones is prohibited unless authorized by the Captain of the Port Sector Boston.
Prevailing Rate Systems; Nonappropriated Fund Wage and Survey Areas
Document Number: 2010-19969
Type: Rule
Date: 2010-08-13
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management is issuing a final rule to correct several minor formatting, spelling, and typographical errors in appendix D to subpart B of part 532Nonappropriated Fund (NAF) Wage and Survey Areas. This document also corrects editorial or printing errors, inconsistencies, and omissions made in previously published rules. The purpose of this rule is not to make policy changes for Federal Wage System (FWS) NAF employees but rather to ensure Appendix D accurately reflects the correct wage area definitions for NAF employees as recommended by the Federal Prevailing Rate Advisory Committee (FPRAC). FWS NAF employees will not be affected by the corrections in this final rule because the lead agency for FWS NAF surveys has followed FPRAC recommended wage area definitions when conducting wage surveys and publishing wage schedules. For the convenience of the reader, Appendix D is being reprinted in its entirety.
Metal and Nonmetal Dams
Document Number: 2010-19960
Type: Proposed Rule
Date: 2010-08-13
Agency: Department of Labor, Mine Safety and Health Administration
Dam failures at metal and nonmetal mines have exposed miners to life-threatening hazards. The Mine Safety and Health Administration (MSHA) is reviewing its existing metal and nonmetal standards for dams. The Agency is concerned that some dams pose hazards because they are not designed, constructed, operated, and maintained to accepted dam safety practices. MSHA is considering approaches to better protect miners from the hazards of dam failures and is soliciting information to help determine how best to proceed.
Transportation Conformity Rule Restructuring Amendments
Document Number: 2010-19928
Type: Proposed Rule
Date: 2010-08-13
Agency: Environmental Protection Agency
In this action, EPA is proposing to restructure several sections of the transportation conformity rule so that they would apply to any new or revised National Ambient Air Quality Standards (NAAQS) that are established in the future for transportation-related criteria pollutants. This proposal should reduce the need to amend the rule in the future for the sole purpose of referencing specific new or revised NAAQS. EPA is also proposing in this action that a near-term year would have to be analyzed when using the budget test when an area's attainment date has passed, or when an area's attainment date has not yet been established. The budget test demonstrates that the total on- road emissions projected for a metropolitan transportation plan or TIP are within the emissions limits (``budgets'') established by the state air quality implementation plan (``SIP'').
Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments, Bridges
Document Number: 2010-19890
Type: Rule
Date: 2010-08-13
Agency: Coast Guard, Department of Homeland Security
This rule makes non-substantive changes throughout our regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard bridge and navigable waters regulations. This rule will have no substantive effect on the regulated public.
TSCA Inventory Update Reporting Modifications
Document Number: 2010-19830
Type: Proposed Rule
Date: 2010-08-13
Agency: Environmental Protection Agency
The Toxic Substances Control Act (TSCA) Inventory Update Reporting (IUR) rule enables EPA to collect and then make public critical information on the manufacturing, processing, and use of commercial chemicals, including current information on volumes of chemical production, manufacturing facility data, and how the chemicals are used. This information helps the Agency determine whether chemicals may be dangerous to people or the environment. EPA proposes to amend the TSCA IUR rule, thereby providing improved information for EPA to better identify and, where appropriate, take steps to manage risks associated with chemical substances and mixtures (referred to hereafter as chemical substances). Additionally, improved information would be available for the public. The IUR rule, promulgated under TSCA section 8(a), requires manufacturers (including importers) of certain chemical substances on the TSCA Chemical Substance Inventory (TSCA Inventory) to report information about the manufacturing (including import), processing, and use of those chemical substances. EPA is proposing to require electronic reporting of IUR information and to modify IUR reporting requirements, including certain circumstances that trigger reporting, the specific data to be reported, the reporting standard for processing and use information, and Confidential Business Information (CBI) reporting procedures. These modifications would provide
Consumer Price Index Adjustments of Oil Pollution Act of 1990 Limits of Liability-Vessels and Deepwater Ports
Document Number: 2010-19753
Type: Rule
Date: 2010-08-13
Agency: Coast Guard, Department of Homeland Security
On July 1, 2009, the Coast Guard amended the Oil Pollution Act of 1990 limits of liability for vessels and deepwater ports to reflect significant increases in the Consumer Price Index. The amendment triggered information collection requirements affecting vessel operators required to establish evidence of financial responsibility. This notice announces that the collection of information has been approved by the Office of Management and Budget (OMB) and may now be enforced. The OMB Control Number is 1625-0046.
Airworthiness Directives; BAE Systems (Operations) Limited Model Avro 146-RJ and BAe 146 Airplanes
Document Number: 2010-19340
Type: Rule
Date: 2010-08-13
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146-100A and -200A Airplanes
Document Number: 2010-19329
Type: Rule
Date: 2010-08-13
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4-605R Variant F airplanes (Collectively Called A300-600 series airplanes); and A310 Series Airplanes
Document Number: 2010-19327
Type: Rule
Date: 2010-08-13
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Airworthiness Directives; The Boeing Company Model 777-200LR and -300ER Series Airplanes Equipped with GE90-100 Series Engines
Document Number: 2010-19293
Type: Rule
Date: 2010-08-13
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Model 777-200LR and -300ER series airplanes equipped with GE90-100 series engines. This AD requires replacing the insulation blanket fasteners of the lower aft cowl of the thrust reverser. This AD also requires inspecting the oil scavenge tube on the turbine rear frame of the engine for damage, and replacement if necessary. This AD results from a determination of insufficient clearance and subsequent interference between the oil scavenge tube on the turbine rear frame of the engine and the bolt on the aft cowl insulation blanket of the thrust reverser. We are issuing this AD to prevent damage and possible puncture of the oil scavenge tube and consequent oil loss, which could result in an in-flight shutdown of the engine.
EPA's Denial of the Petitions To Reconsider the Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act
Document Number: 2010-19153
Type: Rule
Date: 2010-08-13
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is denying the petitions to reconsider the Endangerment and Cause or Contribute Findings for Greenhouse Gases under Section 202(a) of the Clean Air Act. The Findings were signed by the Administrator on December 7, 2009. EPA has carefully reviewed all of the petitions and revisited both the scientific record and the Administrator's decision process underlying the Findings in light of these petitions. EPA's analysis of the petitions reveals that the petitioners have provided inadequate and generally unscientific arguments and evidence that the underlying science supporting the Findings is flawed, misinterpreted or inappropriately applied by EPA. The petitioners' arguments fail to meet the criteria for reconsideration under the Clean Air Act. The science supporting the Administrator's finding that elevated concentrations of greenhouse gases in the atmosphere may reasonably be anticipated to endanger the public health and welfare of current and future U.S. generations is robust, voluminous, and compelling, and has been strongly affirmed by the recent science assessment of the U.S. National Academy of Sciences.
Performance of Functions; Claims for Compensation Under the Federal Employees' Compensation Act; Compensation for Disability and Death of Noncitizen Federal Employees Outside the United States
Document Number: 2010-18965
Type: Proposed Rule
Date: 2010-08-13
Agency: Department of Labor, Office of Workers' Compensation Programs
The Department of Labor proposes to amend the regulations governing the administration of the Federal Employees' Compensation Act (FECA), which provides benefits to all civilian Federal employees and certain other groups of employees and individuals who are injured or killed while performing their jobs. The Department of Labor also proposes to revise the regulations establishing the authority of the Office of Workers' Compensation Programs (OWCP) which administers the FECA.
Airworthiness Directives; Rolls-Royce plc (RR) RB211-Trent 900 Series Turbofan Engines
Document Number: 2010-18730
Type: Rule
Date: 2010-08-13
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
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