October 8, 2010 – Federal Register Recent Federal Regulation Documents

Approval and Promulgation of Air Quality Implementation Plans; Atlanta, GA; Notice of Completeness Determination for the Purpose of Stopping Sanctions Clock
Document Number: 2010-25465
Type: Rule
Date: 2010-10-08
Agency: Environmental Protection Agency
EPA is now giving notice of an action that EPA has already taken to find a State Implementation Plan (SIP) revision complete and stop the sanctions clocks associated with the Atlanta, Georgia, 1997 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) nonattainment area (hereafter referred to as the ``Atlanta Area''). Pursuant to the Clean Air Act (CAA) and its implementing regulations, EPA has made an affirmative determination of completeness for the attainment demonstration, reasonably available control measures and reasonably available control technology, annual emissions reductions to ensure reasonable further progress, and contingency measures (hereafter referred to as ``nonattainment area submittals'') submitted by the State of Georgia for the Atlanta Area. On September 3, 2010, a letter announcing this determination was sent to the Governor of Georgia, effectively stopping the sanctions clocks started on November 27, 2009, by ``a finding of failure to submit'' the 1997 PM2.5 nonattainment submittals for the Atlanta Area. Today's notice is simply an announcement of a determination that EPA has already made.
Approval and Promulgation of Implementation Plans; Tennessee: Approval of Section 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standards for the Nashville, TN Area
Document Number: 2010-25448
Type: Proposed Rule
Date: 2010-10-08
Agency: Environmental Protection Agency
EPA is proposing to approve a draft revision to the Tennessee State Implementation Plan (SIP), submitted to EPA on August 3, 2010, for parallel processing. The proposed revision modifies Tennessee's SIP to address the required maintenance plan for the 1997 8-hour ozone standards for the Nashville, Tennessee 1997 8-hour ozone maintenance area, hereafter referred to as ``the Nashville Area.'' The Nashville Area is comprised of Davidson, Rutherford, Sumner, Williamson, and Wilson Counties in their entireties. This maintenance plan was submitted to EPA by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), to ensure the continued attainment of the 1997 8-hour ozone national ambient air quality standards (NAAQS) through the year 2018 in the Nashville Area. EPA is approving the SIP revision pursuant to section 110 of the Clean Air Act (CAA). This maintenance plan meets all the statutory and regulatory requirements, and is consistent with EPA's guidance.
Federal Housing Administration (FHA) Single Family Lender Insurance Process: Eligibility, Indemnification, and Termination
Document Number: 2010-25441
Type: Proposed Rule
Date: 2010-10-08
Agency: Department of Housing and Urban Development
Through this proposed rule, HUD continues its efforts to improve and expand the risk management activities of the Federal Housing Administration (FHA). The proposed regulatory changes will update and enhance the Lender Insurance process through which the majority of FHA-insured mortgages are endorsed for insurance. Most significantly, the proposed rule would provide additional guidance on HUD's regulations implementing the statutory requirements regarding mortgagee indemnification to HUD of insurance claims in the case of fraud, misrepresentation, or noncompliance with applicable loan origination requirements. The proposed rule also provides that mortgagees must continually maintain the acceptable claim and default rate required for eligibility to initially be delegated Lender Insurance authority, in order to retain such authority. In addition, this proposed rule also provides that HUD will review Lender Insurance mortgagee performance on a continual basis. HUD also proposes to revise the methodology for determining acceptable claim and default rates, to more accurately reflect mortgagee performance, and to streamline the approval process for Lender Insurance mortgagees that have undergone a corporate restructuring. The Department has also taken the opportunity afforded by this proposed rule to make two technical corrections to the regulations and to solicit public comment on whether FHA mortgagees should be required to submit mortgage loan case binders to HUD electronically.
Magnuson-Stevens Act Provisions; Fishing Capacity Reduction Framework
Document Number: 2010-25437
Type: Rule
Date: 2010-10-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS amends the framework regulations specifying procedures for implementing fishing capacity reduction programs (reduction programs) in accordance with the Magnuson-Stevens Fishery Conservation and Management (Magnuson-Stevens) Reauthorization Act of 2007. A reduction program pays harvesters in a fishery that has more vessels than capacity either to surrender their fishing permits including relevant fishing histories for that fishery, or surrender all their fishing permits and cancel their fishing vessels' fishing endorsements by permanently withdrawing the vessel from all fisheries. The cost of the program can be paid by post-reduction harvesters, taxpayers, or others. The intent of a program is to decrease the number of harvesters in the fishery, increase the economic efficiency of harvesting, and facilitate the conservation and management of fishery resources in each fishery in which NMFS conducts a reduction program.
Pesticide Management and Disposal; Standards for Pesticide Containers and Containment; Change to Labeling Compliance Date
Document Number: 2010-25425
Type: Rule
Date: 2010-10-08
Agency: Environmental Protection Agency
EPA is amending the pesticide container and containment regulations to provide an 8-month extension of the labeling compliance date from December 16, 2010 to August 16, 2011. This change is being made to provide additional time for pesticide registrants to revise labels to bring them into compliance with the regulations and for EPA and states to review and approve the revised labels.
Physical Protection of Byproduct Material; Extension of Comment Period
Document Number: 2010-25397
Type: Proposed Rule
Date: 2010-10-08
Agency: Nuclear Regulatory Commission, Agencies and Commissions
On June 15, 2010, the U.S. Nuclear Regulatory Commission (NRC) published for public comment a proposed rule to establish security requirements for the use and transport of Category 1 and Category 2 quantities of radioactive material. The public comment period for this proposed rule was to have expired on October 13, 2010. The NRC received several requests to extend the comment period to January 18, 2011. Due to the size and complexity of the proposed rule and the associated draft implementation guidance, the NRC has decided to extend the comment period until January 18, 2011.
Airworthiness Directives; Pratt & Whitney JT8D-9, -9A, -11, -15, -17, and -17R Turbofan Engines
Document Number: 2010-25391
Type: Rule
Date: 2010-10-08
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for Pratt & Whitney (PW) JT8D-9, -9A, -11, -15, -17, and -17R turbofan engines. This AD requires overhauling fan blade leading edges at the first shop visit after 4,000 cycles-in-service (CIS) since the last total fan blade overhaul was performed. This AD results from reports of failed fan blades. We are issuing this AD to prevent high-cycle fatigue cracking at the blade root, which could result in uncontained failures of first stage fan blades and damage to the airplane.
Airworthiness Directives; Hamilton Sundstrand Propellers Model 247F Propellers
Document Number: 2010-25390
Type: Proposed Rule
Date: 2010-10-08
Agency: Federal Aviation Administration, Department of Transportation
This supplemental NPRM revises an earlier proposed airworthiness directive (AD) applicable to Hamilton Sundstrand Propellers model 247F propeller assemblies with certain part number (P/ N) and serial number (S/N) blades. That proposed AD would require removing affected propeller blades from service. That proposed AD resulted from reports of blades with corrosion pits in the tulip area of the blades. This supplemental NPRM revises the proposed AD to remove certain propeller S/Ns from the applicability requirement, and to add additional propeller S/Ns to the applicability requirement. This proposed AD results from the manufacture's latest service information containing propeller S/Ns that were not specified in the proposed AD. We are proposing this AD to prevent cracks from developing in the tulip area of the blade, which could result in separation of the blade and possible loss of airplane control.
Safety Zone; Fireworks for USS GRAVELY Commissioning Ceremony, Cape Fear River, Wilmington, NC
Document Number: 2010-25380
Type: Rule
Date: 2010-10-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a safety zone on the navigable waters of Cape Fear River in Wilmington, NC in support of the Fireworks for the USS GRAVELY Commissioning Ceremony. This action is necessary to protect the life and property of the maritime public and spectators from the hazards posed by aerial fireworks displays. Entry into or movement within this safety zone during the enforcement period is prohibited without approval of the Captain of the Port.
Airworthiness Directives; McDonnell Douglas Corporation Model DC-9-14, DC-9-15, and DC-9-15F Airplanes; and DC-9-20, DC-9-30, DC-9-40, and DC-9-50 Series Airplanes
Document Number: 2010-25374
Type: Proposed Rule
Date: 2010-10-08
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD would require installing new in-line fuses for the fuel level float switch and new in-line fuses for the pressure switch, as applicable, and changing the wiring. The proposed actions would affect the left and right wing forward spars, center wing forward spar, forward auxiliary fuel tank, and aft auxiliary fuel tank, as applicable. This proposed AD was prompted by fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Reimbursement Offsets for Medical Care or Services
Document Number: 2010-25363
Type: Proposed Rule
Date: 2010-10-08
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) proposes to amend its regulations concerning the reimbursement of medical care and services delivered to veterans for nonservice-connected conditions. The proposed rule would apply in situations where third-party payers are required to reimburse VA for costs related to care provided by VA to a veteran covered under the third-party payer's plan. This proposed rule would add a new section barring offsets by third-party payers and establishing a process by which third-party payers would submit a request for a refund on claims for which there is an alleged overpayment.
Stakeholder Input on Stormwater Rulemaking Related to the Chesapeake Bay; Notice of Public Meeting
Document Number: 2010-25318
Type: Proposed Rule
Date: 2010-10-08
Agency: Environmental Protection Agency
The purpose of this document is to announce EPA's intent to hold several public ``listening sessions'' in October and November 2010 and to request input from the public on Chesapeake Bay-specific provisions of a new stormwater rulemaking. On December 28, 2009, EPA issued a Federal Register Notice announcing EPA's initiation of a national rulemaking to establish a program to better protect waterbodies from the harmful effects of stormwater discharges from new development and redevelopment and make other regulatory improvements to strengthen its stormwater program. A range of public and private stakeholders provided input through both written comments and during a series of public listening sessions. EPA is now soliciting input specifically on potential provisions of this stormwater rulemaking with respect to the Chesapeake Bay watershed, with several public ``listening sessions'' to be held in October and November 2010, and an interactive Webcast scheduled for November 16, 2010. EPA seeks input on whether to consider, among other things, the following: Regulating additional stormwater discharges not currently regulated that are causing or contributing to water quality impairments in the Bay watershed; requiring additional measures targeting pollutants including, but not limited to, nitrogen, phosphorus, and sediment in the Chesapeake Bay Watershed; requiring retrofits of stormwater controls for existing development; and applying specific performance standards to discharges from new and redevelopment within the watershed. EPA also seeks input on whether to consider specific evaluation, tracking, or reporting elements. EPA also welcomes any other information that may help EPA develop regulations to better control pollutants in stormwater from the built environment to meet water quality objectives in the Chesapeake Bay Watershed. As part of the listening sessions, EPA will also address environmental justice considerations and potential impacts and benefits that may arise as a consequence of the rulemaking. EPA invites the public to participate in these environmental justice discussions to provide feedback and share ideas related to stormwater management.
Minimum Balance Requirement and Automatic Replenishment Option for Deposit Account Holders
Document Number: 2010-25129
Type: Proposed Rule
Date: 2010-10-08
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is proposing to amend its regulations to set the minimum level of activity required to hold a deposit account at 12 transactions per year; require deposit account holders to maintain a minimum balance in that account; mandate the closure of a deposit account the second time it is overdrawn; and offer deposit account holders the option of automatic replenishment of their account via their bank account or credit card.
Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes
Document Number: 2010-24648
Type: Proposed Rule
Date: 2010-10-08
Agency: Department of Justice
The United States Parole Commission seeks public comment on a proposed rule that would amend the Offense Behavior Severity Index in its paroling policy guidelines to equalize the ratings for crack cocaine and powder cocaine offenses.
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