October 18, 2010 – Federal Register Recent Federal Regulation Documents

Requirements for Derivatives Clearing Organizations, Designated Contract Markets, and Swap Execution Facilities Regarding the Mitigation of Conflicts of Interest
Document Number: 2010-26220
Type: Proposed Rule
Date: 2010-10-18
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (the ``Commission'') hereby proposes rules to implement new statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act''). Specifically, the proposed rules contained herein impose new requirements on derivatives clearing organizations (``DCOs''), designated contract markets (``DCMs''), and swap execution facilities (``SEFs'') with respect to mitigation of conflicts of interest.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Gag Grouper Management Measures
Document Number: 2010-26198
Type: Proposed Rule
Date: 2010-10-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this proposed temporary rule that would implement interim measures to reduce overfishing of gag in the Gulf of Mexico (Gulf). This proposed rule would reduce the commercial quota for gag and, thus, the combined commercial quota for shallow-water grouper species (SWG), prohibit recreational harvest of gag, and suspend red grouper multi-use allocation in the Gulf grouper and tilefish individual fishing quota (IFQ) program, as requested by the Gulf of Mexico Fishery Management Council (Council). The intended effect of this proposed rule is to reduce overfishing of the gag resource in the Gulf.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Grouper Management Measures
Document Number: 2010-26197
Type: Proposed Rule
Date: 2010-10-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this proposed rule that would implement actions identified in a regulatory amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would reduce the commercial quota for red grouper and, thus, the combined commercial quota for shallow water grouper (SWG) species, and require vessels with valid commercial Gulf of Mexico (Gulf) reef fish permits to mark their buoy gear with the official vessel number. This rule also proposes minor revisions to codified text, including a revised definition of buoy gear, re-codification of the commercial and recreational quotas for greater amberjack, revision of the recreational accountability measure for greater amberjack, and removal of outdated language for the red snapper individual fishing quota (IFQ) program. The intended effect of this proposed rule is to help prevent overfishing of red grouper while achieving optimum yield (OY) by reducing red grouper harvest consistent with the findings of the recent stock assessment for this species, and to implement technical corrections to the regulations.
Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 21; Correction
Document Number: 2010-26196
Type: Rule
Date: 2010-10-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On June 28, 2010, NMFS published in the Federal Register the final rule to implement Framework Adjustment 21 (Framework 21) to the Atlantic Sea Scallop Fishery Management Plan (Scallop FMP), which established management measures for the 2010 scallop fishing year (FY). Following publication, NMFS identified errors, omissions, and possible need for clarification of some provisions. In addition to certain technical and wording clarifications, the Framework 21 final rule inadvertently did not incorporate a proposed regulatory provision pertaining to how scallop access area trip overages incurred during the interim period between the March 1, 2010, start of the fishing year (FY) and the implementation of Framework 21 FY 2010 management measures would be applied to FY 2011. This provision was described in the proposed rule and NMFS subsequently responded to specific comments on this provision and provided greater detail of this measure in the preamble of the final rule. However, the regulatory text was inadvertently excluded. In addition, the Framework 21 final rule inadvertently deleted regulations pertaining to limited access general category (LAGC) possession and landing limits promulgated in the final rule implementing Amendment 11 to the Scallop FMP that published in the Federal Register on April 24, 2008. This correcting amendment corrects these errors.
Fisheries of the Northeastern United States; Atlantic Herring Fishery; Amendment 4
Document Number: 2010-26195
Type: Proposed Rule
Date: 2010-10-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes regulations to implement measures in Amendment 4 to the Atlantic Herring (Herring) Fishery Management Plan (FMP). Amendment 4 was developed by the New England Fishery Management Council (Council) to bring the FMP into compliance with new Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requirements by: Revising definitions and the specifications-setting process, consistent with annual catch limit (ACL) requirements; and establishing fishery closure thresholds, a haddock incidental catch cap, and overage paybacks as accountability measures (AMs). In addition, the amendment designates herring as a ``stock in the fishery''; establishes an interim acceptable biological catch (ABC) control rule; and makes adjustments to the specification process by eliminating consideration of total foreign processing (JVPt), including joint venture processing (JVP) and internal waters processing (IWP), and reserve from the specification process, and eliminates the Council's consideration of total allowable level of foreign fishing (TALFF).
Program Integrity: Gainful Employment
Document Number: 2010-26180
Type: Proposed Rule
Date: 2010-10-18
Agency: Department of Education
The Secretary of Education (Secretary) announces public meeting sessions to receive oral presentations and to interact with commenters regarding comments that were submitted to the Department of Education in response to its Notice of Proposed Rulemaking on Program Integrity: Gainful Employment, published in the Federal Register on July 26, 2010 (75 FR 43616).
Hearing Aid Compatibility Proceeding; Request That Comments Address Effects of New Legislation
Document Number: 2010-26174
Type: Proposed Rule
Date: 2010-10-18
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Wireless Telecommunications Bureau requests that the comments in the pending Hearing Aid Compatibility proceeding address the effects of the Twenty-First Century Communications and Video Accessibility Act of 2010, if any, on the proposed rules.
Raisins Produced From Grapes Grown in California; Use of Estimated Trade Demand To Compute Volume Regulation Percentages
Document Number: 2010-26163
Type: Proposed Rule
Date: 2010-10-18
Agency: Agricultural Marketing Service, Department of Agriculture
This action withdraws a proposed rule published in the Federal Register on August 6, 2010 (75 FR 47490), on the use of 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). The proposal provided parameters for implementing volume regulations for 2010-11 NS raisins for the purpose of maintaining the industry's export program and stabilizing the domestic market. Based upon comments in response to the proposed rule, conditions in the industry, the change in the worldwide raisin outlook, and the lack of industry support for an estimated trade demand, the proposed rule is being withdrawn.
Nuclear Energy Institute; Consideration of Petition in the Rulemaking Process
Document Number: 2010-26154
Type: Proposed Rule
Date: 2010-10-18
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) will consider five of the issues raised in a petition submitted by the Nuclear Energy Institute (NEI), and is denying the remaining four issues of the petition. The petition requests the NRC amend its regulations to clarify existing event reporting requirements based on experience gained since the requirements were revised.
Designation of Biobased Items for Federal Procurement
Document Number: 2010-26122
Type: Rule
Date: 2010-10-18
Agency: Department of Agriculture, Office of Energy Policy and New Uses, Energy Policy and New Uses Office, Agriculture Department
The United States Department of Agriculture (USDA) is amending the Guidelines for Designating Biobased Products for Federal Procurement, to add eight sections to designate items within which biobased products will be afforded Federal procurement preference, as provided for under section 9002 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation, and Energy Act of 2008 (referred to in this document as ``section 9002''). USDA is also establishing minimum biobased contents for each of these items.
Airworthiness Directives; Rolls-Royce plc (RR) RB211-524 Series Turbofan Engines
Document Number: 2010-26115
Type: Proposed Rule
Date: 2010-10-18
Agency: Federal Aviation Administration, Department of Transportation
This action revises an earlier proposed airworthiness directive (AD), applicable to certain RR RB211-524 series turbofan engines. That proposal would have required initial and repetitive borescope inspections of the head section and meterpanel assembly of the combustion liner, and replacement if necessary with serviceable parts. That proposal was prompted by an inquiry submitted by an operator, which resulted in RR performing a complete review of the affected front combustion liner part numbers (P/Ns). This action revises the proposed rule by clarifying the applicability paragraph (c) of the proposed AD. We are proposing this AD to prevent deterioration of the engine combustion liner, which can result in combustion liner breakup, case burn-through, engine fire, and damage to the airplane.
Drawbridge Operation Regulation; Des Allemands Bayou, LA
Document Number: 2010-26100
Type: Rule
Date: 2010-10-18
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Burlington Northern Santa Fe Railway swing bridge across Des Allemands Bayou, mile 14.0, in St. Charles and Lafourche Parishes, Louisiana. The deviation is necessary to perform extensive rehabilitation to the bridge. This deviation allows the bridge to remain closed to navigation completely from January 18, 2011 through February 22, 2011.
Security Zone: Passenger Vessels, Sector Southeastern New England Captain of the Port Zone
Document Number: 2010-26099
Type: Rule
Date: 2010-10-18
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing temporary fixed and moving security zones around passenger vessels in the Sector Southeastern New England Captain of the Port Zone. A fixed security zone will be in effect within a maximum 100-yard radius of any passenger vessel anchored, moored, or in the process of mooring and a moving security zone up to 200 yards for any passenger vessel underway being escorted by Coast Guard or forces under Coast Guard control (such as assisting law enforcement agencies). These zones are needed to protect passengers, vessels and the public from destruction, loss, or injury from sabotage, subversive acts, or other malicious acts of a similar nature. This temporary final rule is an interim measure while a permanent rulemaking process is pursued separately under docket USCG- 2010-0803.
Drawbridge Operation Regulation; Back Bay of Biloxi, Harrison County, MS
Document Number: 2010-26098
Type: Rule
Date: 2010-10-18
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the I-110 (HWY 15) bridge across the Back Bay of Biloxi, mile 3.0, between Biloxi and D'Iberville, Harrison County, Mississippi. This deviation is necessary to allow timely bridge rehabilitation to extend the bridge life, optimize traffic and boat operations, and improve overall traffic, boat and pedestrian safety. This deviation allows the bridge to remain closed with limited exception.
Proposed Establishment of Class E Airspace; Panguitch, UT
Document Number: 2010-26096
Type: Proposed Rule
Date: 2010-10-18
Agency: Federal Aviation Administration, Department of Transportation
This supplemental notice of proposed rulemaking would expand controlled Class E airspace to include a portion extending upward from 1,200 feet above the surface at Panguitch Municipal Airport, Panguitch, UT. In an NPRM published in the Federal Register June 28, 2010, the FAA proposed to establish controlled airspace from 700 feet above the surface. The FAA has reassessed the proposal to include Class E airspace 700 feet and 1,200 feet above the surface to further the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Establishment of Class E Airspace; Kalaupapa, HI
Document Number: 2010-26095
Type: Rule
Date: 2010-10-18
Agency: Federal Aviation Administration, Department of Transportation
This action will establish Class E airspace at Kalaupapa, HI, to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) at Kalaupapa Airport. This will improve the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Revocation of Class C Airspace, Establishment of Class D Airspace, and Modification of Class E Airspace; Columbus, GA
Document Number: 2010-26094
Type: Rule
Date: 2010-10-18
Agency: Federal Aviation Administration, Department of Transportation
This action removes the Columbus, GA, Class C airspace area; establishes Class D airspace to replace the Class C airspace; and amends the existing Class E surface area and 700 foot Class E airspace at Columbus, GA. The FAA is taking this action because Columbus Metropolitan Airport no longer meets the criteria required to qualify for a Class C airspace designation. Reconfiguring the airspace facilitates more efficient use of airspace in the Columbus, GA area. A minor correction to the geographic coordinates for Lawson Army Airfield (AAF) also will be made.
Amendment of Class D and Class E Airspace; Klamath Falls, OR
Document Number: 2010-26091
Type: Rule
Date: 2010-10-18
Agency: Federal Aviation Administration, Department of Transportation
This action will amend Class D and Class E airspace at Klamath Falls, OR. Decommissioning of the Merrill Non-Directional Radio Beacon (NDB) at Klamath Falls Airport has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also will adjust the geographic coordinates of the airport and a navigation aid, and will change the name of the airport.
Family Offices
Document Number: 2010-26086
Type: Proposed Rule
Date: 2010-10-18
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission (the ``Commission'') is proposing a rule to define ``family offices'' that would be excluded from the definition of an investment adviser under the Investment Advisers Act of 1940 (``Advisers Act'') and thus would not be subject to regulation under the Advisers Act.
Digital Low Power Television, Television Translator, and Television Booster Stations and Digital Class A Television Stations
Document Number: 2010-26062
Type: Proposed Rule
Date: 2010-10-18
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission proposes and seeks comment on rules and issues that need to be resolved to complete the low power television station digital transition. Although Congress established a hard deadline of June 12, 2009 for full-power stations to cease analog operations and begin operating only in digital, many low power television stations are continuing to transmit analog signals.
Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines
Document Number: 2010-26006
Type: Proposed Rule
Date: 2010-10-18
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA is considering whether changes are needed to the regulations covering hazardous liquid onshore pipelines. In particular, PHMSA is seeking comment on whether it should extend regulation to certain pipelines currently exempt from regulation; whether other areas along a pipeline should either be identified for extra protection or be included as additional high consequence areas (HCAs) for Integrity management (IM) protection; whether to establish and/or adopt standards and procedures for minimum leak detection requirements for all pipelines; whether to require the installation of emergency flow restricting devices (EFRDs) in certain areas; whether revised valve spacing requirements are needed on new construction or existing pipelines; whether repair timeframes should be specified for pipeline segments in areas outside the HCAs that are assessed as part of the IM; and whether to establish and/or adopt standards and procedures for improving the methods of preventing, detecting, assessing and remediating stress corrosion cracking (SCC) in hazardous liquid pipeline systems. Comments should address the public safety and environmental aspects of new requirements, as well as the cost implications and regulatory burden.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2010-25842
Type: Rule
Date: 2010-10-18
Agency: Federal Aviation Administration, Department of Transportation
This establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2010-25834
Type: Rule
Date: 2010-10-18
Agency: Department of Transportation, Federal Aviation Administration
This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Basis Reporting by Securities Brokers and Basis Determination for Stock
Document Number: 2010-25504
Type: Rule
Date: 2010-10-18
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations on broker reporting of sales of securities and on the basis of securities. These final regulations reflect amendments under the Energy Improvement and Extension Act of 2008 that require brokers to report a customer's adjusted basis in sold securities and classify gain or loss as long- term or short-term, and that allow taxpayers to compute the basis of certain stock by averaging. The regulations affect brokers and custodians that make sales or transfer securities on behalf of customers, issuers of securities, and taxpayers that purchase or sell securities. The regulations also reflect amendments that provide brokers and others until February 15 to furnish certain information statements to customers.
Privacy Act of 1974; Privacy Act Regulation
Document Number: 2010-25367
Type: Rule
Date: 2010-10-18
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors of the Federal Reserve System (Board) is issuing a final rule to amend its regulation implementing the Privacy Act of 1974 (Privacy Act). The primary changes concern the waiver of copying fees charged to current and former Board employees, and applicants for Board employment, for access to their records under the Privacy Act; the amendment of special procedures for the release of medical records to permit the Board's Chief Privacy Officer to consult with the Board's Employee Assistance Program counselor to determine whether the disclosure of medical records directly to the requester could have an adverse effect on the requester; changes to the time limits for responding to requests for access to information and amendment of records; and updates to the exemptions claimed for certain systems of records. In addition, the Board is proposing to make minor editorial and technical changes to ensure that the Board's regulation is consistent with the Board's published systems of records and is clearer.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Amendment to Consumer Products and Architectural and Industrial Maintenance Coatings Regulations
Document Number: 2010-25317
Type: Rule
Date: 2010-10-18
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania concerning amendments to the Pennsylvania Consumer Products and Architectural and Industrial Maintenance Coatings Regulations. The SIP revision amends 25 Pa. Code Chapter 130, Subchapters B and C (relating to consumer products and architectural and industrial maintenance (AIM) coatings) in order to reduce volatile organic compounds (VOCs). This action is being taken under the Clean Air Act (CAA).
Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for Bull Trout in the Coterminous United States
Document Number: 2010-25028
Type: Rule
Date: 2010-10-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, are revising critical habitat for the bull trout (Salvelinus confluentus) under the Endangered Species Act of 1973, as amended (Act). We are designating a total of 31,750.8 km (19,729.0 mi) of streams (which includes 1,213.2 km (754.0 mi) of marine shoreline) and are designating a total of 197,589.2 ha (488,251.7 ac) of reservoirs and lakes. The areas designated as critical habitat are located in the States of Washington, Oregon, Nevada, Idaho, and Montana.
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