October 26, 2010 – Federal Register Recent Federal Regulation Documents

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Reduction
Document Number: 2010-27081
Type: Rule
Date: 2010-10-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS reduces the commercial trip limit for king mackerel in the northern Florida west coast subzone to 500 lb (227 kg) of king mackerel per day in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the Gulf king mackerel resource.
Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fisheries; Suspension of Minimum Atlantic Surfclam Size Limit for Fishing Year 2011
Document Number: 2010-27076
Type: Rule
Date: 2010-10-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS suspends the minimum size limit for Atlantic surfclams for the 2011 fishing year. This action is taken under the authority of the implementing regulations for this fishery, which allow for the annual suspension of the minimum size limit based upon set criteria. The intended effect is to relieve the industry from a regulatory burden that is not necessary, as the majority of surfclams harvested are larger than the minimum size limit.
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2011 Season
Document Number: 2010-27016
Type: Proposed Rule
Date: 2010-10-26
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service or we) proposes migratory bird subsistence harvest regulations in Alaska for the 2011 season. These regulations will enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking proposes region- specific regulations that go into effect on April 2, 2011, and expire on August 31, 2011.
Reserve Requirements of Depository Institutions
Document Number: 2010-27014
Type: Rule
Date: 2010-10-26
Agency: Federal Reserve System, Agencies and Commissions
The Board is amending Regulation D, Reserve Requirements of Depository Institutions, to reflect the annual indexing of the reserve requirement exemption amount and the low reserve tranche for 2011. The Regulation D amendments set the amount of total reservable liabilities of each depository institution that is subject to a zero percent reserve requirement in 2011 at $10.7 million, unchanged from its level in 2010. This amount is known as the reserve requirement exemption amount. The Regulation D amendments also set the amount of net transaction accounts at each depository institution that is subject to a three percent reserve requirement in 2011 at $58.8 million, up from $55.2 million in 2010. This amount is known as the low reserve tranche. The adjustments to both of these amounts are derived using statutory formulas specified in the Federal Reserve Act. The Board is also announcing changes in two other amounts, the nonexempt deposit cutoff level and the reduced reporting limit, that are used to determine the frequency at which depository institutions must submit deposit reports.
Animal Drugs, Feeds, and Related Products; Withdrawal of Approval of New Animal Drug Applications; Aklomide; Levamisole Hydrochloride; Nitromide and Sulfanitran
Document Number: 2010-27011
Type: Rule
Date: 2010-10-26
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations by removing those portions that reflect approval of eight new animal drug applications (NADAs). In a notice published elsewhere in this issue of the Federal Register, FDA is withdrawing approval of these NADAs.
Drawbridge Operation Regulations; Mystic River, Charlestown, MA
Document Number: 2010-26984
Type: Rule
Date: 2010-10-26
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the S99 Alford Street Bridge across the Mystic River, mile 1.4, at Charlestown, Massachusetts. The deviation allows the bridge to remain in the closed position three days in November to facilitate scheduled bridge maintenance.
Revised Regulations Concerning Section 403(b) Tax-Sheltered Annuity Contracts; Correction
Document Number: 2010-26980
Type: Rule
Date: 2010-10-26
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to final regulations (TD 9340) thatwere published in the Federal Register on Thursday, July 26, 2007 (72 FR41128) providing updated guidance on section 403(b) contracts of public schools and tax-exemptorganizations described in section 501(c)(3). These regulations will affect sponsors of section403(b) contracts, administrators, participants, and beneficiaries.
Revised Regulations Concerning Section 403(b) Tax-Sheltered Annuity Contracts; Correction
Document Number: 2010-26979
Type: Rule
Date: 2010-10-26
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to final regulations (TD 9340) that were published in the Federal Register on Thursday, July 26, 2007 (72 FR 41128) providing updated guidance on section 403(b) contracts of public schools and tax-exempt organizations described in section 501(c)(3). These regulations will affect sponsors of section 403(b) contracts, administrators, participants, and beneficiaries.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Ohio Ambient Air Quality Standards
Document Number: 2010-26964
Type: Proposed Rule
Date: 2010-10-26
Agency: Environmental Protection Agency
EPA is proposing to approve amendments to the Ohio Administrative Code (OAC) relating to the consolidation of Ohio's Ambient Air Quality Standards (AAQS) into Ohio's State Implementation Plan (SIP) under the Clean Air Act. On April 8, 2009, and August 11, 2009, Ohio EPA adopted amendments to various rules in the OAC to consolidate the state's AAQS. On September 10, 2009, Ohio EPA requested from EPA approval of amendments to OAC with the intent to consolidate Ohio's AAQS into a single rule to provide greater accessibility for the regulated community and to the citizens of Ohio. EPA is proposing to approve the request because the revisions clarify the state's rules and thus better serve the purpose of providing for meeting these standards.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Ohio Ambient Air Quality Standards
Document Number: 2010-26963
Type: Rule
Date: 2010-10-26
Agency: Environmental Protection Agency
EPA is approving amendments to the Ohio Administrative Code (OAC) relating to the consolidation of Ohio's Ambient Air Quality Standards (AAQS) into Ohio's State Implementation Plan (SIP) under the Clean Air Act. On April 8, 2009, and August 11, 2009, Ohio EPA adopted amendments to various rules in the OAC to consolidate the state's AAQS. On September 10, 2009, Ohio EPA requested from EPA approval of amendments to the OAC with the intent to consolidate Ohio's AAQS into a single rule to provide greater accessibility for the regulated community and to the citizens of Ohio. EPA is approving the request because the revisions clarify the state's rules and thus better serve the purpose of providing for meeting these standards.
Retired and Senior Volunteer Program Amendments
Document Number: 2010-26960
Type: Proposed Rule
Date: 2010-10-26
Agency: Corporation for National and Community Service, Agencies and Commissions
This proposed rule sets forth a competitive process for selecting grant recipients for the Retired and Service Volunteer Program (``RSVP''), including performance measurement requirements, as required by the Domestic Volunteer Service Act (DVSA), as amended by the Edward M. Kennedy Serve America Act (Serve America Act) of April 21, 2009.
Proposed Amendment of Class E Airspace; Savannah, TN
Document Number: 2010-26958
Type: Proposed Rule
Date: 2010-10-26
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E Airspace at Savannah, TN, as the Pinhook Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures (SIAPs) have been developed at Savannah-Hardin County Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Proposed Amendment and Revocation of Class E Airspace, Vero Beach, FL
Document Number: 2010-26954
Type: Proposed Rule
Date: 2010-10-26
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E surface airspace, and airspace extending upward from 700 feet above the surface, and remove Class E airspace designated as an extension to Class D surface area at Vero Beach Municipal Airport, Vero Beach, FL. The Vero Beach Non- Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures (SIAPs) have been developed for the airport. This action would enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Agricultural Commodity Definition
Document Number: 2010-26951
Type: Proposed Rule
Date: 2010-10-26
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is charged with proposing rules to implement new statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''). The Dodd-Frank Act, which amends the Commodity Exchange Act (``CEA'' or ``Act''), includes provisions applicable to ``a swap in an agricultural commodity (as defined by the [CFTC]).'' Neither Congress nor the CFTC has previously promulgated a definition of that term for purposes of the CEA or CFTC regulations. This notice reviews the statutory and regulatory history of the term ``agricultural commodity'' in the context of the CEA and Commission regulations and proposes a definition of that term for purposes of the CEA and Commission regulations.
Proposed Amendment to Class E Airspace; Rawlins, WY
Document Number: 2010-26950
Type: Proposed Rule
Date: 2010-10-26
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify Class E airspace at Rawlins, WY. Decommissioning of the Sinclair Non-Directional Radio Beacon (NDB) at Rawlins MunicipalAirport/Harvey Field, has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Proposed Establishment of Class E Airspace; Wolfeboro, NH
Document Number: 2010-26945
Type: Proposed Rule
Date: 2010-10-26
Agency: Federal Aviation Administration, Department of Transportation
This action withdraws the NPRM published in the Federal Register on July 22, 2010 which proposed to establish Class E airspace at Huggins Hospital, Wolfeboro, NH. The NPRM is being withdrawn as a portion of the proposed airspace already exists. A new rulemaking will be forthcoming to correctly establish the new airspace.
Establishment of Class E Airspace; Colebrook, NH
Document Number: 2010-26944
Type: Proposed Rule
Date: 2010-10-26
Agency: Federal Aviation Administration, Department of Transportation
This action withdraws the NPRM published in the Federal Register on July 19, 2010, which proposed to establish Class E airspace at Upper Valley Connecticut Hospital, Colebrook, NH. The NPRM is being withdrawn as a portion of the proposed airspace already exists. A new rulemaking will be forthcoming to correctly establish the new airspace.
Proposed Establishment of Class E Airspace; Lancaster, NH
Document Number: 2010-26943
Type: Proposed Rule
Date: 2010-10-26
Agency: Federal Aviation Administration, Department of Transportation
This action withdraws the NPRM published in the Federal Register on July 22, 2010 which proposed to establish Class E airspace at Weeks Medical Center Heliport, Lancaster, NH. The NPRM is being withdrawn as a portion of the proposed airspace already exists. A new rulemaking will be forthcoming to correctly establish the new airspace.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Particulate Matter Standards
Document Number: 2010-26883
Type: Proposed Rule
Date: 2010-10-26
Agency: Environmental Protection Agency
EPA is proposing to approve a request submitted by the Ohio Environmental Protection Agency on August 22, 2008, to revise the Ohio State Implementation Plan under the Clean Air Act. The State has submitted revisions to twelve rules and rescinded one rule in Ohio Administrative Code (OAC) Chapter 3745-17, ``Particulate Matter Standards.'' The revisions were submitted by Ohio EPA to satisfy the State's 5-year review requirements. The particulate matter (PM) standards contain the particulate emission control requirements that have been necessary to attain and maintain the 2006 National Ambient Air Quality Standards for PM in the State. EPA is proposing to approve the revisions to nine of the OAC 3745- 17 rules. EPA proposes approving only a portion of Rule 7, while not acting on the portion providing a partial exemption from opacity limits for a lime kiln in Woodville, Ohio. We are proposing to conditionally approve Rule 11 based on a commitment by Ohio to address EPA's concerns with the large item size exemptions. EPA is not acting on Rule 3, regarding opacity measurement methods. Lastly, EPA is proposing to approve the rescission of Rule 5 from the Ohio SIP.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Particulate Matter Standards
Document Number: 2010-26880
Type: Rule
Date: 2010-10-26
Agency: Environmental Protection Agency
EPA is approving a request submitted by the Ohio Environmental Protection Agency (Ohio EPA) on August 22, 2008, to revise the Ohio State Implementation Plan (SIP) under the Clean Air Act (CAA). The State has submitted revisions to twelve rules and rescinded one rule in Ohio Administrative Code (OAC) Chapter 3745-17, ``Particulate Matter Standards.'' The revisions were submitted by Ohio EPA to satisfy the State's 5-year review requirements. The particulate matter (PM) standards contain the particulate emission control requirements that have been necessary to attain and maintain the 2006 National Ambient Air Quality Standards (NAAQS) for PM in the State. EPA is approving the revisions to nine of the OAC 3745-17 rules. EPA is approving only a portion of Rule 7, while not acting on the portion providing a partial exemption from opacity limits for a lime kiln in Woodville, Ohio. We are conditionally approving Rule 11 based on a commitment by Ohio to address EPA's concerns with the large item size exemptions. EPA is not acting on Rule 3, regarding opacity measurement methods. Lastly, EPA is approving the rescission of Rule 5 from the Ohio SIP.
Periodic Reporting
Document Number: 2010-26835
Type: Proposed Rule
Date: 2010-10-26
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is establishing a docket to address a recent Postal Service request for approval of a temporary waiver of rules requiring it to provide periodic reports on service performance for certain market dominant postal services. The Postal Service's request reflects the expectation that a transition period likely would be needed before full compliance with new reporting rules could be accomplished. This notice informs the public about the Postal Service's interest in obtaining a temporary waiver and invites comments that will inform the Commission's decision on the request.
Endangered and Threatened Wildlife and Plants; Reinstatement of Protections for the Gray Wolf in the Northern Rocky Mountains in Compliance With a Court Order
Document Number: 2010-26765
Type: Rule
Date: 2010-10-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are issuing this final rule to comply with a court order that has the effect of reinstating the regulatory protections under the Endangered Species Act of 1973, as amended (ESA), for the gray wolf (Canis lupus) in most of the northern Rocky Mountains. Pursuant to the District of Montana court order dated August 5, 2010, this rule corrects the gray wolf listing for the northern half of Montana, the northern panhandle of Idaho, the eastern third of Washington and Oregon, and north-central Utah as endangered and reinstates the former special rules designating the gray wolf in the remainder of Montana and Idaho as nonessential experimental populations. Because ESA protections were not removed in Wyoming by our April 2, 2009 (74 FR 15123), final delisting rule, Wyoming is not impacted by this final rule.
Ownership Limitations and Governance Requirements for Security-Based Swap Clearing Agencies, Security-Based Swap Execution Facilities, and National Securities Exchanges With Respect to Security-Based Swaps Under Regulation MC
Document Number: 2010-26315
Type: Proposed Rule
Date: 2010-10-26
Agency: Securities and Exchange Commission, Agencies and Commissions
In accordance with Section 765 (``Section 765'') of Title VII (``Title VII'') of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (``Dodd-Frank Act''), the Securities and Exchange Commission (``SEC'' or ``Commission'') is proposing Regulation MC under the Securities Exchange Act of 1934 (``Exchange Act'') for clearing agencies that clear security-based swaps (``security-based swap clearing agencies'') and for security-based swap execution facilities (``SB SEFs'') and national securities exchanges that post or make available for trading security-based swaps (``SBS exchanges''). Regulation MC is designed to mitigate potential conflicts of interest that could exist at these entities. Specifically, the Commission seeks to mitigate the potential conflicts of interest through conditions and structures relating to ownership, voting, and governance of security- based swap clearing agencies, SB SEFs, and SBS exchanges.
Transfer and Reorganization of Bank Secrecy Act Regulations
Document Number: 2010-25914
Type: Rule
Date: 2010-10-26
Agency: Department of the Treasury, Financial Crimes Enforcement Network
FinCEN is issuing this final rule to move the Bank Secrecy Act (BSA) regulations to a new chapter in the Code of Federal Regulations (CFR). The new chapter contains the BSA regulations, which are generally reorganized by financial industry. Moving the BSA regulations to a new chapter and organizing the chapter by financial industry creates a user-friendly way to find regulations applicable to a particular financial industry. This new organization within the new chapter also allows for the renumbering of the BSA regulations in a manner that makes it easier to find regulatory requirements than under the numbering system currently used in the existing regulations. FinCEN also makes minor technical changes to the BSA regulations such as updating mailing addresses and points of contact.
High School Equivalency Program and College Assistance Migrant Program, The Federal TRIO Programs, and Gaining Early Awareness and Readiness for Undergraduate Program
Document Number: 2010-24324
Type: Rule
Date: 2010-10-26
Agency: Department of Education
The Secretary amends the regulations, and establishes new regulations, for the High School Equivalency Program and College Assistance Migrant Program (HEP and CAMP); the Federal TRIO programs (TRIO programsTraining program for Federal TRIO programs (Training), Talent Search (TS), Educational Opportunity Centers (EOC), Upward Bound (UB), Student Support Services (SSS), and the Ronald E. McNair Postbaccalaureate Achievement (McNair) programs); and the Gaining Early Awareness and Readiness for Undergraduate (GEAR UP) program. The purpose of HEP is to help migrant and seasonal farmworkers and their immediate family members obtain a general educational development (GED) credential, while CAMP assists students from this background to complete their first academic year of college and continue in postsecondary education. The Federal TRIO programs consist of five postsecondary educational opportunity outreach and support programs designed to motivate and assist low-income individuals, first- generation college students, and individuals with disabilities to enter and complete secondary and postsecondary programs of study and enroll in graduate programs, and a training program for project staff working in one or more of the Federal TRIO programs. The purpose of the GEAR UP program is to increase the number of low-income students who are prepared to enter and succeed in postsecondary education. These regulations are needed to implement provisions of the Higher Education Act of 1965, as amended (HEA) by the Higher Education Opportunity Act of 2008 (HEOA) that relate to the HEP and CAMP, Federal TRIO programs, and GEAR UP program.
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