August 2010 – Federal Register Recent Federal Regulation Documents

The U.S. Election Assistance Commission (EAC) seeks comments on proposed changes to its regulations pertaining to the National Voter Registration Act of 1993 (NVRA). Section 9(a) of the NVRA requires the responsible agency to issue regulations for developing a national mail voter registration form and for submitting a biennial report to Congress on the impact of the NVRA. EAC proposes to amend its NVRA regulations to ensure that they are consistent with the Help America Vote Act of 2002 (HAVA) and to make some technical amendments. EAC also invites public comments on additional changes to the NVRA regulations to improve voter registration through the content and format of the Federal form and to change the date by which States are required to submit data to EAC for use in the biennial report to Congress on the impact of the NVRA. EAC will not make any changes to the NVRA regulations until after the November 2010 Federal election. EAC anticipates issuing a final rule pertaining to the regulations necessitated by HAVA. EAC may also issue new regulations about the content and format of the Federal form and the biennial report to Congress based on the comments it receives on the topics discussed in Section VI either in the same final rule or in a separate final rule.

In this document, the Commission seeks comment on a package of reforms that would expand the use of broadband to improve the quality

The Department of Defense is publishing this final rule to implement the requirements enacted by Congress in Section 732 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 which changes the limit of the Government's share of providing certain benefits under the Extended Care Health Option (ECHO) from $2,500 per month to $36,000 per year, and for other non-legislated changes to the ECHO.

This action amends the legal description of the VHF Omnidirectional Range (VOR) Federal Airways V-8, V-14, V-38, V-47, V- 279, and V-422 in the vicinity of Findlay, OH. The FAA is taking this action because the Findlay VHF Omnidirectional Range/Tactical Air Navigation (VORTAC), included as part of the V-8, V-14, V-38, V-47, V- 279, and V-422 route structure, is being renamed the Flag City VORTAC.

OSHA is revising the Cranes and Derricks Standard and related sections of the Construction Standard to update and specify industry work practices necessary to protect employees during the use of cranes

The Audio Division grants a Petition for Partial Reconsideration filed by Sanpete County Broadcasting, licensee of Station KLGL(FM), Richfield, Utah. In so doing, the staff reinstates and grants Sanpete's Counterproposal to reallot and change the community of license of Station KLGL(FM) from Richfield to Mount Pleasant, Utah. The Audio Division also denies a Petition for Reconsideration filed by Micro Communications, Inc., licensee of Station KCFM, Levan, Utah, and affirms the dismissal of Micro's Petition for Rule Making on technical grounds. See Supplementary Information.

The U.S. Fish and Wildlife Service (hereinafter, Service or we) proposes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2010-11 migratory bird hunting season.

The Federal Housing Finance Agency (FHFA) is seeking comment on a proposed regulation to implement section 1317(i) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4517(i)). The proposed regulation would establish within FHFA an Office of the Ombudsman, which would be responsible for considering complaints and appeals from the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Home Loan Banks (collectively, regulated entities), the Office of Finance, and any person that has a business relationship with a regulated entity or the Office of Finance, regarding any matter relating to the regulation and supervision of the regulated entities or Office of Finance by FHFA.

The Environmental Protection Agency (EPA), Region 2 is issuing a Notice of Intent to Delete the Peter Cooper Corporation (Markhams) Superfund Site (Markhams Site) located in the Town of Dayton, Cattaraugus County, New York from the National Priorities List (NPL) and requests public comments on this notice of intent. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of New York, through the Department of Environmental Conservation (NYSDEC), have determined that all appropriate response actions under CERCLA, other than operation and maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

On June 8, 2010, EPA proposed amendments to the standards of performance for stationary compression ignition and spark ignition internal combustion engines. In this notice, we are announcing a 30-day extension of the public comment period for the proposal.

The U.S. Small Business Administration (SBA or Agency) is amending its regulations governing appeals before the SBA's Office of Hearings and Appeals (OHA). OHA is SBA's administrative tribunal, and these regulations are procedural by nature. These revisions codify current practices to make them more transparent, and clarify some existing rules of procedure to make them more understandable particularly to OHA's many pro se litigants.

This proposed rule invites comments on using an estimated trade demand figure to compute volume regulation percentages for 2010- 11 crop Natural (sun-dried) Seedless (NS) raisins covered under the Federal marketing order for California raisins (order). The order regulates the handling of raisins produced from grapes grown in California and is administered locally by the Raisin Administrative Committee (committee). This proposed rule would provide parameters for implementing volume regulation, if necessary, for 2010-11 crop NS raisins for the purposes of maintaining a portion of the industry's export markets and stabilizing the domestic market.

The Drug Enforcement Administration (DEA) is correcting a notice of proposed rulemaking that appeared in the Federal Register of September 8, 2003. The proposed rule pertained to the scheduling of N- Benzylpiperazine (BZP), and contained an error regarding the potency of BZP relative to amphetamine. Although DEA used the correct figures in arriving at its scheduling determination, the agency is publishing this correction to provide an official statement of the actual figures. This

The Department of Defense (DoD) proposes to establish policy, assign responsibilities, and provide procedures for the issuing of distinct DoD ID cards. The ID cards shall be issued to uniformed service members, their dependents, and other eligible individuals and will be used as proof of identity and DoD affiliation.

This interim final rule establishes requirements and procedures for implementation of TRICARE Retired Reserve. This interim

The Department of Defense is publishing this proposed rule to allow coverage for otherwise covered services and supplies required in the treatment of complications (unfortunate sequelae) resulting from a noncovered incident of treatment provided in a Military Treatment Facility (MTF), when the initial noncovered service has been authorized by the MTF Commander and the MTF is unable to provide the necessary treatment of the complications. This proposed rule is necessary to protect TRICARE beneficiaries from incurring financial hardships due to the current regulatory restrictions that prohibit TRICARE coverage of treatment of the complications resulting from noncovered medical procedures, even when those procedures were conducted in a Department of Defense facility.

The Department is publishing this final rule to implement section 703 of the National Defense Authorization Act (NDAA) for Fiscal Year 2007 (FY07), Public Law 109-364. Specifically, that legislation authorizes breast cancer screening and cervical cancer screening for female beneficiaries of the Military Health System, instead of constraining such testing to mammograms and Papanicolaou smears. The rule allows coverage for ``breast cancer screening'' and ``cervical cancer screening'' for female beneficiaries of the Military Health System, instead of constraining such testing to mammograms and Papanicolaou tests. This rule ensures new breast and cervical cancer screening procedures can be added to the TRICARE benefit as such procedures are proven to be a safe, effective, and nationally accepted medical practice. This amends the cancer specific recommendations for breast and cervical cancer screenings to be brought in line with the processes for updating other cancer screening recommendations. In response to public comment on the proposed rule, this final rule includes a clarification that the benefit encompasses screening based on Health and Human Services guidelines.

The Securities and Exchange Commission (``Commission'') is amending its Informal and Other Procedures to add a rule to facilitate interim Commission review of Public Company Accounting Oversight Board (``PCAOB'') inspection reports under Section 104(h) of the Sarbanes- Oxley Act of 2002 (the ``Act''), and its Rules of Organization and Program Management and Rules of Practice to delegate authority to the Chief Accountant related to these reviews. The Commission is also establishing a subpart in its Informal and Other ProceduresRegulation Pto include procedural rules relating to the PCAOB.

The Coast Guard is establishing a special local regulation during the USCG City of Portsmouth Celebration Rowing Regatta on the Elizabeth River. The event consists of a series of crew rowing races to be held on the waters of the Elizabeth River, near Portsmouth, Virginia. This special local regulation will restrict vessel traffic and is necessary to provide for the safety of life on navigable waters during the event.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Model DC-9-14 and DC-9-15 airplanes; and Model DC-9-20, DC-9-30, DC-9-40, and DC-9-50 series airplanes. The existing AD currently requires repetitive high frequency eddy current inspections to detect cracking in the vertical radius (also known as the ``vertical leg'') of the upper cap of the center wing rear spar, and repair if necessary. This proposed AD expands the area to be inspected by including inspections to detect cracking of the horizontal flange of the upper cap of the left and right center wing rear spar, and repair if necessary. This proposed AD also adds certain airplanes to the applicability. This proposed AD results from reports of cracking in the vertical radius of the upper cap of the center wing rear spar, and the horizontal flange on the inboard side of the rear spar upper cap, which resulted from stress corrosion. We are proposing this AD to detect and correct cracking in the vertical leg or the horizontal flange of the upper cap of the left or right center wing rear spar, which could cause a possible fuel leak, damage to the wing skin, and structural failure of the upper cap, and result in reduced structural integrity of the airplane.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Lehigh Valley Railroad Bridge across Newark Bay, mile 4.3, at Newark, New Jersey. This deviation allows the bridge to remain in the closed position on three Mondays to facilitate scheduled maintenance.

We propose to adopt a new airworthiness directive (AD) for certain Model 747-400, 747-400D, and 747-400F series airplanes. This proposed AD would require modifying certain thrust reverser control system wiring to the flap control unit (FCU). This proposed AD results from a report of automatic retraction of the leading edge flaps due to indications transmitted to the FCU from the thrust reverser control system during takeoff. We are proposing this AD to prevent automatic retraction of the leading edge flaps during takeoff, which could result in reduced climb performance and consequent collision with terrain and obstacles or forced landing of the airplane.

This action proposes to establish five low altitude Area Navigation (RNAV) routes, designated T-281, T-283, T-285, T-286, and T- 288, over Nebraska and South Dakota; controlled by Denver Air Route Traffic Control Center (ARTCC) and Minneapolis ARTCC. T-routes are low altitude Air Traffic Service routes, based on RNAV, for use by aircraft that have instrument flight rules (IFR) approved Global Positioning System (GPS)/Global Navigation Satellite System (GNSS) equipment. This action would enhance safety and improve the efficient use of the navigable airspace within Denver and Minneapolis ARTCC airspace.

EPA is taking final action to approve a request submitted on January 29, 2010, from the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet, Division for Air Quality (DAQ), to redesignate the Kentucky portion of the tri-state Cincinnati- Hamilton 8-hour ozone nonattainment area (hereafter referred to as ``the Cincinnati-Hamilton Area'') to attainment for the 1997 8-hour ozone national ambient air quality standards (NAAQS). The Cincinnati- Hamilton Area is comprised of Boone, Campbell and Kenton Counties in Kentucky (hereafter also referred to as ``Northern Kentucky''); Butler, Clermont, Clinton, Hamilton and Warren Counties in Ohio; and a portion of Dearborn County in Indiana. EPA's approval of the redesignation request is based on the determination that Northern Kentucky has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA), including the determination that the Cincinnati-Hamilton Area has attained the 1997 8-hour ozone NAAQS. Additionally, EPA is approving a revision to the Kentucky State Implementation Plan (SIP) including the 1997 8-hour ozone maintenance plan for Northern Kentucky that contains the new 2015 and 2020 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOC) for Northern Kentucky. This action also approves the emissions inventory submitted with the maintenance plan. EPA has previously approved, in a separate rulemaking, similar redesignation requests submitted by the States of Ohio and Indiana for their portions of this 1997 8-hour ozone area.

The FAA is correcting airworthiness directive (AD) 2010-14-19, which published in the Federal Register on July 13, 2010. That AD applies to certain Model A330-200 and -300 series airplanes, and Model A340-200, -300, -500 and -600 series airplanes. A certain service bulletin number in Note 3 of the regulatory section is incorrect. This document corrects that service bulletin number. In all other respects, the original document remains the same.