September 29, 2010 – Federal Register Recent Federal Regulation Documents

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Closure of the July-December 2010 Commercial Sector for Vermilion Snapper in the South Atlantic
Document Number: 2010-24454
Type: Rule
Date: 2010-09-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS closes the commercial sector for vermilion snapper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS has determined that the quota for the commercial sector for vermilion snapper will have been reached by October 6, 2010. This closure is necessary to protect the vermilion snapper resource.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Closure of the 2010-2011 Commercial Sector for Black Sea Bass in the South Atlantic
Document Number: 2010-24450
Type: Rule
Date: 2010-09-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS closes the commercial sector for black sea bass in the exclusive economic zone (EEZ) of the South Atlantic. NMFS has determined that the quota for the commercial sector for black sea bass will have been reached by October 7, 2010. This closure is necessary to protect the black sea bass resource.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Volatile Organic Compounds Emissions From Industrial Solvent Cleaning Operations
Document Number: 2010-24422
Type: Proposed Rule
Date: 2010-09-29
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Maryland Department of the Environment (MDE). This SIP revision consists of an addition to Maryland's Volatile Organic Compounds from Specific Processes Regulation. Maryland has adopted standards for industrial solvent cleaning operations that satisfy the reasonably available control techniques (RACT) requirements for sources of volatile organic compounds (VOCs) covered by control techniques guidelines (CTG). This amendment reduces VOC emissions from industrial solvent cleaning operations. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Volatile Organic Compound Emissions From Industrial Solvent Cleaning Operations
Document Number: 2010-24421
Type: Rule
Date: 2010-09-29
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the Maryland Department of the Environment (MDE). This SIP revision consists of an addition to Maryland's Volatile Organic Compounds from Specific Processes Regulation. MDE has adopted standards for industrial solvent cleaning operations that satisfy the reasonably available control technology (RACT) requirements for sources of volatile organic compounds (VOCs) covered by control techniques guidelines (CTG). This amendment reduces VOC emissions from industrial solvent cleaning operations which will help Maryland attain and maintain the National Ambient Air Quality Standards (NAAQS) for ozone. This action is being taken under the Clean Air Act (CAA).
Specifications and Drawings for Construction of Direct Buried Plant
Document Number: 2010-24420
Type: Rule
Date: 2010-09-29
Agency: Department of Agriculture, Rural Utilities Service
The Rural Utilities Service (RUS) is amending its regulations on Telecommunications Policies on Specifications, Acceptable Materials, and Standard Contract Forms, by revising RUS Bulletin 1753F-150, Specifications and Drawings for Construction of Direct Buried Plant (Form 515a). The revised specifications will include new construction units for Fiber-to-the-Home, remove redundant or outdated requirements, and simplify the specifications format.
Final Flood Elevation Determinations
Document Number: 2010-24402
Type: Rule
Date: 2010-09-29
Agency: Federal Emergency Management Agency, Department of Homeland Security
Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Relocation of Standard Time Zone Boundary in the State of North Dakota: Mercer County
Document Number: 2010-24376
Type: Rule
Date: 2010-09-29
Agency: Office of the Secretary, Department of Transportation
DOT is moving all of Mercer County, North Dakota to the central time zone. Prior to this action, all of Mercer County was located in the mountain time zone. This action is taken in response to a petition filed by the Board of County Commissioners for Mercer County and is based on comments made at a public hearing and filed in the docket.
Technical Amendments 2010
Document Number: 2010-24371
Type: Rule
Date: 2010-09-29
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are making technical revisions to our regulations to correct various errors in citations, cross-references, and other inadvertent errors in publication.
Proposed Flood Elevation Determinations
Document Number: 2010-24370
Type: Proposed Rule
Date: 2010-09-29
Agency: Federal Emergency Management Agency, Department of Homeland Security
Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
Safety Zone: Monte Foundation Firework Display, Monterey, CA
Document Number: 2010-24364
Type: Rule
Date: 2010-09-29
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone in the navigable waters of Monterey Bay off the fishing pier of Seacliff State Beach, Santa Cruz, CA in support of the Monte Foundation Firework Display. This safety zone is established to ensure the safety of participants and spectators from the dangers associated with the pyrotechnics. Unauthorized persons and vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission from the Captain of the Port or her designated representative.
Presumptions of Service Connection for Persian Gulf Service
Document Number: 2010-24360
Type: Rule
Date: 2010-09-29
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) amends its adjudication regulations concerning presumptive service connection for certain diseases. This amendment implements a decision of the Secretary of Veterans Affairs that there is a positive association between service in Southwest Asia during certain periods and the subsequent development of certain infectious diseases in response to an October 16, 2006, report of the National Academy of Sciences (NAS), titled ``Gulf War and Health Volume 5: Infectious Diseases.'' The intended effect of this amendment is to establish presumptive service connection for these diseases and to provide guidance regarding long-term health effects associated with these diseases.
Federal Motor Vehicle Safety Standards; New Pneumatic Tires for Motor Vehicles With a GVWR of More Than 4,536 Kilograms (10,000 Pounds) and Motorcycles
Document Number: 2010-24347
Type: Proposed Rule
Date: 2010-09-29
Agency: National Highway Traffic Safety Administration, Department of Transportation
This NPRM proposes to upgrade Federal Motor Vehicle Safety Standard (FMVSS) No. 119, which specifies requirements for new truck tires. We propose to amend FMVSS No. 119 to adopt more stringent endurance test requirements and a new high speed test for several heavy load range tires for vehicles with gross vehicle weight rating (GVWR) of more than 4,536 kilograms (10,000 pounds). We are also proposing that FMVSS No. 119 require that the tire sidewall be labeled with the tire's maximum speed rating.
National Priorities List, Final Rule-Newtown Creek
Document Number: 2010-24313
Type: Rule
Date: 2010-09-29
Agency: Environmental Protection Agency
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the Agency'') in determining which sites warrant further investigation. These further investigations will allow EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds the Newtown Creek site, located in Brooklyn/Queens, New York, to the General Superfund section of the NPL.
National Priorities List, Final Rule No. 50
Document Number: 2010-24311
Type: Rule
Date: 2010-09-29
Agency: Environmental Protection Agency
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the Agency'') in determining which sites warrant further investigation. These further investigations will allow EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds six sites to the NPL, all to the General Superfund Section.
Investigational New Drug Safety Reporting Requirements for Human Drug and Biological Products and Safety Reporting Requirements for Bioavailability and Bioequivalence Studies in Humans
Document Number: 2010-24296
Type: Rule
Date: 2010-09-29
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending its regulations governing safety reporting requirements for human drug and biological products subject to an investigational new drug application (IND). The final rule codifies the agency's expectations for timely review, evaluation, and submission of relevant and useful safety information and implements internationally harmonized definitions and reporting standards. The revisions will improve the utility of IND safety reports, reduce the number of reports that do not contribute in a meaningful way to the developing safety profile of the drug, expedite FDA's review of critical safety information, better protect human subjects enrolled in clinical trials, subject bioavailability and bioequivalence studies to safety reporting requirements, promote a consistent approach to safety reporting internationally, and enable the agency to better protect and promote public health.
Hazardous Materials; Miscellaneous Amendments
Document Number: 2010-24274
Type: Proposed Rule
Date: 2010-09-29
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA proposes to make miscellaneous amendments to the Hazardous Materials Regulations to update and clarify certain regulatory requirements. Among other provisions, PHMSA is proposing to add a labeling exception for ``consolidation bins'' to facilitate use of bins as a method of consolidating packages for ease of handling when transported by motor vehicle and to clarify that the definition of ``person,'' as that term is used in the regulations, also includes persons who manufacture, test, repair, and recondition packaging. PHMSA also proposes to provide an exception from regulation for permeation devices containing small amounts of hazardous materials.
Airworthiness Directives; Airbus Model A330-200 and -300 Series Airplanes and Model A340-200, -300, -500, and -600 Series Airplanes
Document Number: 2010-24238
Type: Proposed Rule
Date: 2010-09-29
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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: * * * * * * * * [T]here is a possible path for fluid ingress, resulting in connector internal arcing and hydraulic system malfunction. In addition, as the connectors are located in areas adjacent to fuel tanks, such arcing associated with the presence of a fuel leakage could lead to an uncontrolled fire. * * * * * The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.
Safety Zone; New York Air Show at Jones Beach State Park, Wantagh, NY
Document Number: 2010-24236
Type: Rule
Date: 2010-09-29
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a permanent safety zone for the annual New York Air Show at Jones Beach State Park in Wantagh, New York. This safety zone is necessary to provide for the safety of navigation and protection of the maritime public from the hazards inherent with an air show which consists of aircraft performing aerobatic maneuvers over the Atlantic Ocean off of Jones Beach State Park.
Federal Acquisition Regulation; Equal Opportunity for Veterans
Document Number: 2010-24218
Type: Rule
Date: 2010-09-29
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement Department of Labor (DoL) regulations on equal opportunity provisions for various categories of military veterans. This rule sets forth revised coverage and definitions of veterans covered under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (VEVRAA) and includes new reporting requirements established under the VEVRAA and the Jobs for Veterans Act (JVA).
Federal Acquisition Regulation; Federal Acquisition Circular 2005-46; Introduction
Document Number: 2010-24217
Type: Rule
Date: 2010-09-29
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-46. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.
Federal Acquisition Regulation; Termination for Default Reporting
Document Number: 2010-24214
Type: Rule
Date: 2010-09-29
Agency: Department of Defense, National Aeronautics and Space Administration, Agencies and Commissions, General Services Administration
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to establish procedures for contracting officers to provide contractor information, such as terminations for cause or default and defective cost or pricing data, into the Past Performance Information System (PPIRS) and Federal Awardee Performance and Integrity Information System (FAPIIS) module within PPIRS. This information will assist the contracting officer in making an informed source selection and award decision. Instructions on access to the FAPIIS module and how to input data into the FAPIIS module will be available at https://www.ppirs.gov/fapiis.html.
Federal Acquisition Regulation; Buy American Exemption for Commercial Information Technology-Construction Material
Document Number: 2010-24206
Type: Rule
Date: 2010-09-29
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 615 of Division C, Title VI, of the Consolidated Appropriations Act, 2010 (Pub. L. 111-117). Section 615 authorizes exemption from the Buy American Act for acquisition of information technology that is a commercial item.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-46; Small Entity Compliance Guide
Document Number: 2010-24193
Type: Rule
Date: 2010-09-29
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005-46 which amend the FAR. Interested parties may obtain further information regarding these rules by referring to FAC 2005-46, which precedes this document. These documents are also available via the Internet at https://www.regulations.gov.
Federal Acquisition Regulation; Certification Requirement and Procurement Prohibition Relating to Iran Sanctions
Document Number: 2010-24165
Type: Rule
Date: 2010-09-29
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 102 and partially implements section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010. Section 102 requires certification that each offeror, and any person owned or controlled by the offeror, does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996, as amended (the Iran Sanctions Act). Section 106 imposes a procurement prohibition relating to contracts with persons that export certain sensitive technology to Iran. There will be further implementation of section 106 in FAR Case 2010-018.
Federal Acquisition Regulation; Offering a Construction Requirement-8(a) Program
Document Number: 2010-24163
Type: Rule
Date: 2010-09-29
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to revise FAR subpart 19.8, Contracting with the Small Business Administration (The 8(a) Program), to conform to the Small Business Administration (SBA) regulations. The FAR Council did not publish this rule for comment because this change will not have a significant effect beyond the internal operating procedures of the Government and will not have a significant effect on contractors or offerors. Furthermore, this requirement has existed in the Small Business Administration Regulations since January 1, 2009, and the FAR is being updated to conform to these regulations. This revision changes the location for submitting offering letters to SBA for a construction requirement for which a specific offeror is nominated and impacts internal procedures that the contracting officer is now required to follow.
Federal Acquisition Regulation; Award-Fee Language Revision
Document Number: 2010-24161
Type: Rule
Date: 2010-09-29
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted as final, with changes, the interim rule amending the Federal Acquisition Regulation (FAR) to implement section 814 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364), section 867 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417), and the Office of Federal Procurement Policy guidance memorandum dated December 4, 2007 entitled, Appropriate Use of Incentive Contracts.
Federal Acquisition Regulation; Encouraging Contractor Policies To Ban Text Messaging While Driving
Document Number: 2010-24156
Type: Rule
Date: 2010-09-29
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order 13513, issued on October 1, 2009, entitled ``Federal Leadership on Reducing Text Messaging while Driving.'' This Executive Order was issued to demonstrate Federal leadership in improving safety on the nation's roads and highways, and to enhance the efficiency of Federal contracting. The purpose of this policy is to prevent the unsafe practice of text messaging by Federal contractors while driving in connection with Government business. This policy further promotes economy and efficiency in Federal procurement, and seeks to prohibit the disruption of Government business and Federal procurement, as a result of unsafe text messaging practices.
Acephate, Cacodylic Acid, Dicamba, Dicloran, et al.; Tolerance Actions
Document Number: 2010-24153
Type: Rule
Date: 2010-09-29
Agency: Environmental Protection Agency
EPA is revoking certain tolerances for the fungicides dicloran and thiophanate-methyl; the herbicides EPTC, hexazinone, picloram, and propazine; the defoliant and herbicide cacodylic acid; the plant growth regulator and herbicide diquat, the insecticides disulfoton, methamidophos, methomyl, phosmet, piperonyl butoxide, pyrethrins, and thiodicarb; the fumigant antimicrobial and insecticide methyl bromide, and the nematicides/insecticides ethoprop and fenamiphos, and the tolerance exemptions for the insecticide/miticide pyrethrum and insecticide synergist N-octyl bicycloheptene dicarboximide. However, EPA will not revoke specific malathion tolerances at this time. In addition, EPA is removing certain expired tolerances for disulfoton, fenamiphos, and thiophanate-methyl. Also, EPA is modifying certain tolerances for the fungicide thiophanate-methyl, herbicides dicamba, EPTC, hexazinone and picloram, and insecticide synergist N-octyl bicycloheptene dicarboximide. In addition, EPA is establishing new tolerances for the fungicide thiophanate-methyl and the herbicides EPTC, hexazinone, and picloram. Also, EPA is reinstating specific tolerances for methamidophos residues as a result of the application of the insecticide acephate. The regulatory actions finalized in this document are in follow-up to the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment program under the Federal Food, Drug, and Cosmetic Act (FFDCA), section 408(q).
Amendment to Class E Airspace; Smithfield, NC
Document Number: 2010-24113
Type: Rule
Date: 2010-09-29
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Johnston County Airport, Smithfield, NC, by correcting an omission of the geographic coordinates of the Area Navigation (RNAV) Global Positioning System (GPS) Special Standard Instrument Approach Procedure (SIAP) serving the Johnston Memorial Hospital to aid in the navigation of our National Airspace System.
Shipping; Technical, Organizational, and Conforming Amendments
Document Number: 2010-23766
Type: Rule
Date: 2010-09-29
Agency: Coast Guard, Department of Homeland Security
This final rule makes non-substantive changes throughout Title 46 of the Code of Federal Regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard regulations. This rule will have no substantive effect on the regulated public. These changes are provided to coincide with the annual recodification of Title 46 on October 1, 2010.
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