September 16, 2010 – Federal Register Recent Federal Regulation Documents

Safety Zone; Ohio River, Wheeling, WV, Wheeling Heritage Port Sternwheel Foundation Fireworks Display
Document Number: 2010-23178
Type: Rule
Date: 2010-09-16
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a safety zone from Mile Marker 90.2 to Mile Marker 90.5 on the Ohio River extending the full width of the river. The safety zone is needed to protect spectators and marine traffic during the Wheeling Heritage Port Sternwheel Foundation fireworks display. Entry into the safety zone is prohibited, unless specifically authorized by the Captain of the Port Pittsburgh or a designated representative.
Safety Zone; Ocean City Beachfront Air Show, Ocean City, NJ
Document Number: 2010-23177
Type: Rule
Date: 2010-09-16
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone in an area of the Atlantic Ocean, Ocean City, NJ. The temporary safety zone will restrict vessel traffic from a portion of the Atlantic Ocean during the Ocean City Beachfront Air Show, which is an aerial demonstration to be held over the waters of the Atlantic Ocean. The temporary safety zone is necessary to provide for the safety of mariners on navigable waters during the aerial demonstration.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Crab and Halibut Prohibited Species Catch Allowances in the Bering Sea and Aleutian Islands Management Area
Document Number: 2010-23166
Type: Rule
Date: 2010-09-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is reallocating the projected unused amounts of the 2010 crab and halibut prohibited species catch (PSC) allowances assigned to the Bering Sea and Aleutian Islands trawl limited access sector to the Amendment 80 cooperative in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the Amendment 80 cooperative to fully harvest their 2010 groundfish allocations.
Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea/Aleutian Islands Crab Rationalization Program; Recordkeeping and Reporting
Document Number: 2010-23165
Type: Rule
Date: 2010-09-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues regulations to remove the Crab Rationalization Program requirements for catcher/processors to weigh all offloaded crab on a state-approved scale that produces a printed record and to submit a catcher/processor offload report. The purpose of this action is to reduce unnecessary paperwork burdens on the fishing industry. NMFS determined that these requirements are no longer necessary. This action promotes the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and other applicable laws.
High-Cost Universal Service Support and Federal-State Joint Board on Universal Service
Document Number: 2010-23162
Type: Proposed Rule
Date: 2010-09-16
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) undertakes important steps for fiscally responsible universal service fund reform. The Commission seeks comment on permanently amending our rules to facilitate efficient use of reclaimed excess high-cost support. In addition, the Commission seeks comment on a proposal to modify our rules to reclaim legacy support surrendered by a competitive ETC when it relinquishes ETC status in a particular state.
Amendments to Enforceable Consent Agreement Procedural Rules
Document Number: 2010-23131
Type: Rule
Date: 2010-09-16
Agency: Environmental Protection Agency
EPA is revising the procedures for developing Enforceable Consent Agreements (ECAs) to generate test data under the Toxic Substances Control Act (TSCA). The main features of the ECA process that EPA is changing include when and how to initiate negotiations and inserting a firm deadline at which negotiations will terminate. EPA is also deleting, modifying, or consolidating several sections of 40 CFR part 790 to place the ECA provisions in one section and the Interagency Testing Committee (ITC) provisions in a separate section, to make it clearer that there is one ECA negotiation procedure applicable to all circumstances when an ECA would be appropriate, and to make conforming changes in other sections that reference the ECA procedures.
Technical Amendments for Marine Spark-Ignition Engines and Vessels
Document Number: 2010-23127
Type: Proposed Rule
Date: 2010-09-16
Agency: Environmental Protection Agency
In the final rulemaking for new exhaust and evaporative emissions standards for nonroad spark-ignition engines, vessels, and equipment (73 FR 59034, October 8, 2008), EPA established first-ever evaporative emissions standards for marine vessels. These requirements included portable marine fuel tanks commonly used in recreational boating. During their efforts to certify portable fuel tanks to these new requirements, manufacturers working together on systems integration identified several technical issues with the performance of the tanks/ fuel systems in use that were not fully apparent to them before these standards were developed. Systems integration work conducted by the fuel tank, boat and engine manufacturers highlighted that under some circumstances there was the potential for fuel spillage to occur. Work conducted by these parties indicated that this issue applies to existing systems and tanks as well as those built to comply with EPA's evaporative emission design standard. We have engaged the industry to identify a simple, safe, and emissions neutral solution to this concern. This proposed action represents the results of that work and is emissions neutral with respect to the diurnal emissions standard; however, to the extent that it helps reduce fuel spillage, incorporating safe recommended practices will result in a net benefit to the environment and lead to fuel savings. In the ``Rules and Regulations'' section of this Federal Register, we are making these technical amendments as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.
Technical Amendments for Marine Spark-Ignition Engines and Vessels
Document Number: 2010-23126
Type: Rule
Date: 2010-09-16
Agency: Environmental Protection Agency
In the final rulemaking for new exhaust and evaporative emissions standards for nonroad spark-ignition engines, vessels, and equipment (73 FR 59034, October 8, 2008), EPA established first-ever evaporative emissions standards for marine vessels. These requirements included portable marine fuel tanks commonly used in recreational boating. During their efforts to certify portable fuel tanks to these new requirements, manufacturers working together on systems integration identified several technical issues with the performance of the tanks/ fuel systems in use that were not fully apparent to them before these standards were developed. Systems integration work conducted by the fuel tank, boat and engine manufacturers highlighted that under some circumstances there was the potential for fuel spillage to occur. Work conducted by these parties indicated that this issue applies to existing systems and tanks as well as those built to comply with EPA's evaporative emission design standard. We have engaged the industry to identify a simple, safe, and emissions neutral solution to this concern. EPA is taking direct final action to make technical amendments to the design standard for portable tanks that will allow for this solution. In addition, we are incorporating safe recommended practices, developed through industry consensus, for portable marine fuel tanks. This action is emissions neutral with respect to the diurnal emissions standard; however, to the extent that it helps reduce fuel spillage, incorporating safe recommended practices will result in a net benefit to the environment and lead to fuel savings.
Airworthiness Directives; Erickson Air-Crane Incorporated Model S-64F Helicopters
Document Number: 2010-23097
Type: Proposed Rule
Date: 2010-09-16
Agency: Federal Aviation Administration, Department of Transportation
This document proposes adopting a new airworthiness directive (AD) for Erickson Air-Crane Incorporated (Erickson Air-Crane) Model S- 64F helicopters. The AD would require, at specified intervals, certain inspections of the rotating swashplate assembly (swashplate) for a crack. If a crack is found, this AD would also require, before further flight, replacing the swashplate with an airworthy swashplate. This proposal is prompted by a report from the manufacturer of a swashplate cracking during fatigue testing. The actions specified by the proposed AD are intended to prevent loss of a swashplate due to a fatigue crack, loss of control of the main rotor system, and subsequent loss of control of the helicopter.
Loan Policies and Operations; Loan Purchases From FDIC
Document Number: 2010-23068
Type: Proposed Rule
Date: 2010-09-16
Agency: Farm Credit Administration, Agencies and Commissions
The Farm Credit Administration (FCA) is reopening the comment period on our proposed rule that would permit Farm Credit System institutions with direct lending authority to purchase from the Federal Deposit Insurance Corporation loans to farmers, ranchers, producers or harvesters of aquatic products and cooperatives that meet eligibility and scope of financing requirements. We are reopening the comment period, so that interested parties have additional time to provide comments.
Separation Distances of Ammonium Nitrate and Blasting Agents From Explosives or Blasting Agents (2002R-226P)
Document Number: 2010-23042
Type: Proposed Rule
Date: 2010-09-16
Agency: Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Alcohol, Tobacco, Firearms, and Explosives Bureau
The Department of Justice (Department) intends to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to replace the regulations' reference to an outdated guidance document. Based upon a petition ATF received, the Department wishes to gather information and comments from the public and industry about possible replacements for this guidance document.
Revisions to the Requirements for Authority To Manufacture and Distribute Postage Evidencing Systems
Document Number: 2010-23031
Type: Rule
Date: 2010-09-16
Agency: Postal Service, Agencies and Commissions
The Postal Service is revising its regulations to require that companies that manufacture and distribute postage evidencing systems (``Company or Companies'') engage a qualified, independent audit firm to perform an examination of and provide an opinion on the design and operating effectiveness of relevant internal control activities performed by the Companies as service providers to the Postal Service under the Statement on Auditing Standards (SAS) No. 70 (``SAS 70'').
Energy Conservation Program: Certification, Compliance, and Enforcement for Consumer Products and Commercial and Industrial Equipment
Document Number: 2010-22353
Type: Proposed Rule
Date: 2010-09-16
Agency: Department of Energy
The U.S. Department of Energy (DOE or the ``Department'') is proposing to revise and expand its existing certification, compliance, and enforcement regulations for certain consumer products and commercial and industrial equipment covered under the Energy Policy and Conservation Act of 1975, as amended (EPCA or the ``Act''). These regulations provide for sampling plans used in determining compliance with existing standards, manufacturer submission of compliance statements and certification reports to DOE, maintenance of compliance records by manufacturers, and the availability of enforcement actions for improper certification or noncompliance with an applicable standard. Ultimately, these proposals will allow DOE to systematically enforce applicable energy and water conservation standards for covered products and covered equipment and provide for more accurate, comprehensive information about the energy and water use characteristics of products sold in the United States. Additionally, today's notice announces a public meeting on the proposed amendments.
Facilitating Shareholder Director Nominations
Document Number: 2010-22218
Type: Rule
Date: 2010-09-16
Agency: Securities and Exchange Commission, Agencies and Commissions
We are adopting changes to the Federal proxy rules to facilitate the effective exercise of shareholders' traditional State law rights to nominate and elect directors to company boards of directors. The new rules will require, under certain circumstances, a company's proxy materials to provide shareholders with information about, and the ability to vote for, a shareholder's, or group of shareholders', nominees for director. We believe that these rules will benefit shareholders by improving corporate suffrage, the disclosure provided in connection with corporate proxy solicitations, and communication between shareholders in the proxy process. The new rules apply only where, among other things, relevant state or foreign law does not prohibit shareholders from nominating directors. The new rules will require that specified disclosures be made concerning nominating shareholders or groups and their nominees. In addition, the new rules provide that companies must include in their proxy materials, under certain circumstances, shareholder proposals that seek to establish a procedure in the company's governing documents for the inclusion of one or more shareholder director nominees in the company's proxy materials. We also are adopting related changes to certain of our other rules and regulations, including the existing solicitation exemptions from our proxy rules and the beneficial ownership reporting requirements.
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