October 13, 2010 – Federal Register Recent Federal Regulation Documents

Proposed Flood Elevation Determinations
Document Number: C1-2010-24370
Type: Proposed Rule
Date: 2010-10-13
Agency: Federal Emergency Management Agency, Department of Homeland Security
Proposed Flood Elevation Determinations
Document Number: C1-2010-24144
Type: Proposed Rule
Date: 2010-10-13
Agency: Federal Emergency Management Agency, Department of Homeland Security
Revisions to EPA's Rule on Protections for Subjects in Human Research Involving Pesticides; Notification to the Secretary of Agriculture
Document Number: 2010-25787
Type: Proposed Rule
Date: 2010-10-13
Agency: Environmental Protection Agency
This document notifies the public that the Administrator of EPA has forwarded to the Secretary of Agriculture a draft proposed rule as required by section 25(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). As described in the Agency's semi-annual Regulatory Agenda, the draft proposed rule would amend the portions of EPA's rules for the protection of human subjects of research that apply to third parties who conduct or support research for pesticides involving intentional exposure of human subjects, and to persons who submit the results of human research for pesticides to EPA. EPA agreed to propose these amendments as a result of a settlement agreement resolving a judicial challenge to the promulgation of these rules in 2006, and is now seeking comments on these draft proposed amendments from the Secretary of Agriculture. The draft proposed amendments would clarify the applicability of the rules to human testing for pesticides submitted to EPA under any statute, would disallow consent by a legally authorized representative of participants in pesticide studies who cannot consent for themselves, and would identify specific considerations to be addressed in EPA science and ethics reviews of proposed and completed human research for pesticides, based on the recommendations of the National Academy of Sciences and on the Nuremberg Code.
Implementation Guidance for Physical Protection of Byproduct Material Category 1 and Category 2 Quantities of Radioactive Material; Draft Guidance Document for Comment; Extension of Comment Period
Document Number: 2010-25784
Type: Proposed Rule
Date: 2010-10-13
Agency: Nuclear Regulatory Commission, Agencies and Commissions
On July 14, 2010, the U.S. Nuclear Regulatory Commission (NRC) noticed for public comment implementation guidance for 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 guidance was to have expired on November 12, 2010. The NRC received several requests to extend the comment period to January 15, 2011. Due to the size and complexity of the draft implementation guidance and the associated proposed rule, the NRC has decided to extend the comment period until January 18, 2011.
Privacy Act of 1974; Proposed Implementation
Document Number: 2010-25756
Type: Proposed Rule
Date: 2010-10-13
Agency: Office of the Secretary, Department of the Treasury, Department of Treasury
In accordance with the requirements of the Privacy Act of 1974, 5 U.S.C. 552a, the Department of the Treasury gives notice of a proposed amendment to update its Privacy Act regulations, and to add an exemption from certain provisions of the Privacy Act for a system of records related to the Office of Foreign Assets Control (OFAC).
Radio Broadcasting Services; Grants Pass, Oregon
Document Number: 2010-25751
Type: Rule
Date: 2010-10-13
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division, at the request of Three Rivers Broadcasting LLC, allots FM Channel 257A at Grants Pass, Oregon, as the community's second commercial FM transmission service. Channel 257A can be allotted at Grants Pass, consistent with the minimum distance separation requirements of the Commission's rules, at coordinates 42- 25-25 NL and 123-26-25 WL, with a site restriction of 8.7 km (5.4 miles) west of the community. See SUPPLEMENTARY INFORMATION infra.
Atlantic Highly Migratory Species; Inseason Action To Close the Commercial Non-sandbar Large Coastal Shark Research Fishery
Document Number: 2010-25736
Type: Rule
Date: 2010-10-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is closing the commercial shark research fishery for non- sandbar large coastal sharks (LCS). This action is necessary because landings for the 2010 fishing season have reached at least 80 percent of the available quota.
National Organic Program: Notice of Draft Guidance for Accredited Certifying Agents and Certified Operations
Document Number: 2010-25730
Type: Proposed Rule
Date: 2010-10-13
Agency: Agricultural Marketing Service, Department of Agriculture
The National Organic Program (NOP) is announcing the availability of five draft guidance documents intended for use by accredited certifying agents and certified operations. The five draft guidance documents are entitled as follows: Compost and Vermicompost in Organic Crop Production (NOP 5021); Wild Crop Harvesting (NOP 5022); Outdoor Access for Organic Poultry (NOP 5024); Commingling and Contamination Prevention in Organic Production and Handling (NOP 5025); and The Use of Chlorine Materials in Organic Production and Handling (NOP 5026). These draft guidance documents are intended to inform the public of NOP's current thinking on these topics. The NOP is seeking comments on the five draft guidance documents. A notice of availability of final guidance on these topics will be issued upon their final approval. Once finalized, these guidance documents will be available from the NOP through ``The Program Handbook: Guidance and Instructions for Accredited Certifying Agents (ACAs) and Certified Operations''. This Handbook provides those who own, manage, or certify organic operations with guidance and instructions that can assist them in complying with the National Organic Program (NOP) regulations. The current edition of the Program Handbook is available online at https:// www.ams.usda.gov/nop or in print upon request.
Airworthiness Directives; Pacific Aerospace Limited Model FU24-954 and FU24A-954 Airplanes
Document Number: 2010-25700
Type: Proposed Rule
Date: 2010-10-13
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede two existing ADs. 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:
Health Insurance Reform; Announcement of Maintenance Changes to Electronic Data Transaction Standards Adopted Under the Health Insurance Portability and Accountability Act of 1996
Document Number: 2010-25684
Type: Rule
Date: 2010-10-13
Agency: Department of Health and Human Services, Office of the Secretary, Centers for Medicare & Medicaid Services
This document announces maintenance changes to some of the Health Insurance Portability and Accountability Act of 1996 standards made by the Designated Standard Maintenance Organizations. The maintenance changes are non-substantive changes to correct minor errors, such as typographical errors, or to provide clarifications of the standards adopted in our regulations entitled ``Health Insurance Reform; Modifications to the Health Insurance Portability and Accountability Act (HIPAA) Electronic Transaction Standards,'' published in the Federal Register on January 16, 2009. This document also instructs interested persons on how to obtain the corrections.
Health Information Technology: Revisions to Initial Set of Standards, Implementation Specifications, and Certification Criteria for Electronic Health Record Technology
Document Number: 2010-25683
Type: Rule
Date: 2010-10-13
Agency: Office of the Secretary, Department of Health and Human Services
The Department of Health and Human Services (HHS) is issuing this interim final rule with a request for comment to remove the implementation specifications related to public health surveillance.
Proposed Flood Elevation Determinations
Document Number: 2010-25664
Type: Proposed Rule
Date: 2010-10-13
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.
Dairy Import Licensing Program
Document Number: 2010-25651
Type: Proposed Rule
Date: 2010-10-13
Agency: Office of the Secretary, Department of Agriculture
This proposed rule would suspend the historical license reduction provisions of the Dairy Import Licensing Program, 7 CFR part 6, for a period of 5 years. This temporary suspension is intended to improve program administration and reflect ongoing changes in the markets for cheese and other dairy products subject to import licensing requirements.
Wassenaar Arrangement 2009 Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Part I, 6, 7, and 9 of the Commerce Control List, Definitions, Reports; Correction
Document Number: 2010-25554
Type: Rule
Date: 2010-10-13
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Tuesday, September 7, 2010 (75 FR 54271) that revised the Export Administration Regulations (EAR) by amending entries for certain items that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 6, 7, and 9; adding new entries to the Commerce Control List; revising reporting requirements; and adding and amending EAR Definitions. That final rule contained errors that affected Export Control Classification Numbers (ECCNs) 6A005, 6A008, and 9A001, as well as the definition of ``energetic materials.'' In addition, that final rule's preamble erroneously identified ECCN 6E993 as one of the ECCNs that was revised in the rule's text. This document corrects these errors.
Disability Determinations by State Agency Disability Examiners
Document Number: 2010-25502
Type: Rule
Date: 2010-10-13
Agency: Social Security Administration, Agencies and Commissions
We are revising our rules on a temporary basis to permit State agency disability examiners to make fully favorable determinations in certain claims for disability benefits under titles II and XVI of the Social Security Act (Act) without the approval of a State agency medical or psychological consultant. These changes apply only to claims we consider under our rules for quick disability determinations (QDD) or under our compassionate allowance initiative.
2017 and Later Model Year Light Duty Vehicle GHG Emissions and CAFE Standards; Notice of Intent
Document Number: 2010-25444
Type: Proposed Rule
Date: 2010-10-13
Agency: National Highway Traffic Safety Administration, Department of Transportation, Environmental Protection Agency
On May 21, 2010, President Obama issued a Presidential Memorandum requesting that the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA), on behalf of the Department of Transportation develop, through notice and comment rulemaking, a coordinated National Program under the Clean Air Act (CAA) and the Energy Policy and Conservation Act (EPCA), as amended by the Energy Independence and Security Act (EISA) to improve fuel efficiency and to reduce greenhouse gas emissions of light-duty vehicles for model years 2017-2025. President Obama requested that the agencies issue a Notice of Intent to issue a proposed rule that announces plans for setting stringent fuel economy and greenhouse gas emissions standards for light-duty vehicles of model year 2017 and beyond. This joint Notice describes the agencies' initial assessment of potential levels of stringency for a National Program for model years 2017-2025, and describes additional work that the agencies will undertake over the next two months to refine this assessment further. This Notice fulfills that request and discusses the agencies' plans to issue a Supplemental Notice of Intent by November 30, 2010 that will describe plans for the National Program, including an updated analysis of potential GHG and fuel economy standards for model years 2017-2025. This joint Notice also announces the plans by the two agencies to propose such a coordinated National Program by the fall of 2011.
Physical Protection of Irradiated Reactor Fuel in Transit
Document Number: 2010-25392
Type: Proposed Rule
Date: 2010-10-13
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its security regulations pertaining to the transport of irradiated reactor fuel (for purposes of this rulemaking, the terms ``irradiated reactor fuel'' and ``spent nuclear fuel'' (SNF) are used interchangeably). This proposed rule would establish generically applicable security requirements similar to those previously imposed by Commission orders issued after the terrorist attacks of September 11, 2001. The proposed rule would establish the acceptable performance standards and objectives for the protection of spent nuclear fuel shipments from theft, diversion, or radiological sabotage. The proposed amendments would apply to those licensees authorized to possess or transport spent nuclear fuel. The proposed security requirements would also address, in part, a petition for rulemaking from the State of Nevada (PRM-73-10) that requests that NRC strengthen the regulations governing the security of spent nuclear fuel shipments against malevolent acts.
Disclosure for Asset-Backed Securities Required by Section 943 of the Dodd-Frank Wall Street Reform and Consumer Protection Act
Document Number: 2010-25361
Type: Proposed Rule
Date: 2010-10-13
Agency: Securities and Exchange Commission, Agencies and Commissions
Pursuant to Section 943 of the Dodd-Frank Wall Street Reform and Consumer Protection Act \1\ we are proposing rules related to representations and warranties in asset-backed securities offerings. Our proposals would require securitizers of asset-backed securities to disclose fulfilled and unfulfilled repurchase requests across all transactions. Our proposals would also require nationally recognized statistical rating organizations to include information regarding the representations, warranties and enforcement mechanisms available to investors in an asset-backed securities offering in any report accompanying a credit rating issued in connection with such offerings, including a preliminary credit rating.
WRC-07 Table Clean-up Order
Document Number: 2010-23858
Type: Rule
Date: 2010-10-13
Agency: Federal Communications Commission, Agencies and Commissions
This document makes non-substantive, editorial revisions to the Table of Frequency Allocations (Allocation Table), and to various other Commission rules. The purpose of this action is to update and clarify the Allocation Table, to remove obsolete and outdated provisions from the Commission's rules, and to ensure that the Allocation Table and related rules are consistent with the Commission's decisions in recent rulemaking proceedings.
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