November 18, 2010 – Federal Register Recent Federal Regulation Documents

Proposed Significant New Use Rule for Cobalt Lithium Manganese Nickel Oxide
Document Number: 2010-29148
Type: Proposed Rule
Date: 2010-11-18
Agency: Environmental Protection Agency
EPA is proposing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical substance identified as cobalt lithium manganese nickel oxide (CAS No. 182442-95-1) which was the subject of premanufacture notice (PMN) P-04-269. This proposed rule would require persons who intend to manufacture, import, or process the substance for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs.
Cobalt Lithium Manganese Nickel Oxide; Withdrawal of Significant New Use Rule
Document Number: 2010-29147
Type: Rule
Date: 2010-11-18
Agency: Environmental Protection Agency
EPA is withdrawing a significant new use rule (SNUR) promulgated under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical substance identified as cobalt lithium manganese nickel oxide (CAS No. 182442-95-1), which was the subject of premanufacture notice (PMN) P-04-269. EPA published the SNUR using direct final rulemaking procedures. EPA received a notice of intent to submit adverse comments on the rule. Therefore, the Agency is withdrawing the SNUR, as required under the expedited SNUR rulemaking process. Elsewhere in today's Federal Register, EPA is publishing (under separate notice and comment rulemaking procedures), a proposed SNUR for this substance.
Approval and Promulgation of Air Quality Implementation Plans; Texas; System Cap Trading Program
Document Number: 2010-29146
Type: Proposed Rule
Date: 2010-11-18
Agency: Environmental Protection Agency
EPA is proposing to disapprove severable portions of two revisions to the Texas State Implementation Plan (SIP) submitted by the State of Texas on May 1, 2001, and August 16, 2007, that create and amend the System Cap Trading (SCT) Program at Title 30 of the Texas Administrative Code, Chapter 101General Air Quality Rules, Subchapter HEmissions Banking and Trading, Division 5, sections 101.380, 101.382, 101.383, and 101.385. EPA is proposing disapproval of the SCT program because the program lacks several necessary components for emissions trading programs as outlined in EPA's Economic Incentive Program Guidance. This action is being taken under section 110 and parts C and D of the Federal Clean Air Act (the Act or CAA).
Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures; Extension of Comment Period
Document Number: 2010-29145
Type: Proposed Rule
Date: 2010-11-18
Agency: Environmental Protection Agency
On September 23, 2010, EPA proposed changes to analysis and sampling test procedures in wastewater regulations. These changes will help provide additional flexibility to the regulated community and laboratories in their selection of analytical methods (test procedures) for use in Clean Water Act programs. EPA requested that public comments on the proposal be submitted on or before November 22, 2010 (a 60-day comment period). Since publication, the Agency has received several requests for additional time to submit comments. EPA is extending the period of time in which the Agency will accept public comments on the proposal for an additional 30 days.
Approval and Promulgation of Implementation Plans; Kansas: Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule Revision
Document Number: 2010-29144
Type: Proposed Rule
Date: 2010-11-18
Agency: Environmental Protection Agency
EPA is proposing to approve a draft revision to the State Implementation Plan (SIP), submitted by the Kansas Department of Health and Environment (KDHE) on October 4, 2010 for parallel processing. The proposed SIP revision (Kansas Administrative Regulation 28-29-350) to Kansas's Prevention of Significant Deterioration (PSD) program provides the state of Kansas with authority to regulate GHG emissions under the PSD program. The proposed SIP revision also establishes appropriate emission thresholds and time-frames for which stationary sources and modification projects become subject to Kansas's PSD permitting requirements for their GHG emissions, in accordance with the provisions of the ``PSD and Title V Greenhouse Gas Tailoring Final Rule'' published June 3, 2010, in the Federal Register at 75 FR 31514. EPA is proposing approval through a parallel processing action.
Use of Public Housing Capital Funds for Financing Activities
Document Number: 2010-29134
Type: Rule
Date: 2010-11-18
Agency: Department of Housing and Urban Development
This publication makes a technical correction to the preamble of the final rule on Capital Fund Financing, published on October 21, 2010. That preamble erroneously included a paragraph in the ``Findings and Certifications'' section'' headed ``Congressional Review of Final Rules.'' That paragraph is only relevant where a rule is deemed economically significant, which this rule is not. Therefore, this paragraph should not have been included in the ``Findings and Certifications'' section of the preamble. Removing this paragraph makes no substantive change to the rule.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Greater Than or Equal to 60 Feet (18.3 Meters) Length Overall Using Pot Gear in the Bering Sea and Aleutian Islands Management Area
Document Number: 2010-29130
Type: Rule
Date: 2010-11-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by pot catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2010 Pacific cod total allowable catch (TAC) specified for pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI.
Airworthiness Directives; DORNIER LUFTFAHRT GmbH Models Dornier 228-100, Dornier 228-101, Dornier 228-200, Dornier 228-201, Dornier 228-202, and Dornier 228-212 Airplanes
Document Number: 2010-29110
Type: Proposed Rule
Date: 2010-11-18
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. 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:
Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions; Extension of Comment Period
Document Number: 2010-29108
Type: Proposed Rule
Date: 2010-11-18
Agency: Nuclear Regulatory Commission, Agencies and Commissions
On July 26, 2010, the U. S. Nuclear Regulatory Commission (NRC or the Commission) published for public comment a proposed rule to amend its regulations to require that the initial distribution of source material to exempt persons or general licensees be explicitly authorized by a specific license. The proposed rule would also modify the existing possession and use requirements of the general license for small quantities of source material and revise, clarify, or delete certain source material exemptions from licensing. The public comment period for this proposed rule was to have expired on November 23, 2010. The NRC has determined a need to develop draft implementation guidance to support this proposed rule and plans to publish such draft guidance no later than early January 2011. In order to allow the public sufficient time to review and comment on the proposed rule with the benefit of review of the draft implementation guidance, the NRC has decided to extend the comment period until February 15, 2011.
Domestic Dates Produced or Packed in Riverside County, CA; Increased Assessment Rate
Document Number: 2010-29107
Type: Rule
Date: 2010-11-18
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the California Date Administrative Committee (Committee) for the 2010-11 and subsequent crop years from $0.75 to $1.00 per hundredweight of dates handled. The Committee locally administers the marketing order that regulates the handling of dates grown or packed in Riverside County, California. Assessments upon date handlers are used by the Committee to fund reasonable and necessary expenses of the program. The crop year begins October 1 and ends September 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Sorghum Promotion and Research Program: Procedures for the Conduct of Referenda
Document Number: 2010-29106
Type: Rule
Date: 2010-11-18
Agency: Agricultural Marketing Service, Department of Agriculture
The Commodity Promotion, Research, and Information Act of 1996 (Act) authorizes a program of promotion, research, and information to be developed through the promulgation of the Sorghum Promotion, Research, and Information Order (Order). The Act requires that the Secretary of Agriculture (Secretary) conduct a referendum among persons subject to assessments who, during a representative period established by the Secretary, have engaged in the production or importation of sorghum. This final rule establishes procedures the Department of Agriculture (USDA) will use in conducting the required referendum as well as future referenda. Eligible persons will be provided the opportunity to vote during a specified period announced by USDA. For the program to continue, it must be approved, with an affirmative vote, by at least a majority of those persons voting who were engaged in the production or importation of sorghum during the representative period.
Competitive and Noncompetitive Nonformula Federal Assistance Programs-Administrative Provisions for the Sun Grant Program
Document Number: 2010-29103
Type: Rule
Date: 2010-11-18
Agency: Department of Agriculture, National Institute of Food and Agriculture
The National Institute of Food and Agriculture (NIFA), formerly the Cooperative State Research, Education, and Extension Service (CSREES), is publishing a set of specific administrative requirements as subpart O to 7 CFR part 3430 for the Sun Grant Program to supplement the Competitive and Noncompetitive Non-formula Federal Assistance ProgramsGeneral Award Administrative Provisions for this program. The Sun Grant Program is authorized under section 7526 of the Food, Conservation, and Energy Act of 2008 (FCEA).
Standards of Conduct and Referral of Known or Suspected Criminal Violations; Disclosure to Shareholders; and Disclosure to Investors in System-Wide and Consolidated Bank Debt Obligations of the Farm Credit System; Compensation, Retirement Programs, and Related Benefits
Document Number: 2010-29025
Type: Proposed Rule
Date: 2010-11-18
Agency: Farm Credit Administration, Agencies and Commissions
The Farm Credit Administration (FCA, we, or our) is requesting comments on ways to clarify or otherwise enhance our regulations related to Farm Credit System (System) institutions' disclosures to shareholders and investors on compensation, retirement programs and related benefits for senior officers, highly compensated individuals, and certain individual employees or other groups of employees. We are also seeking comments on whether we should issue new regulations in related areas. In keeping with today's financial and economic environment, we believe it prudent and timely to undertake a review of our regulatory guidance on the identified areas. We intend to consider the information and suggestions we receive in response to this ANPRM when developing a rulemaking on compensation disclosures and related areas.
Practices and Procedures, Board Meetings
Document Number: 2010-29019
Type: Proposed Rule
Date: 2010-11-18
Agency: Merit Systems Protection Board, Agencies and Commissions
The Merit Systems Protection Board (MSPB or the Board) is proposing to amend its open meeting regulations at 5 CFR 1206.7 to ensure consistency with the Government in Sunshine Act.
Prevailing Rate Systems; Redefinition of the Madison, WI, and Southwestern Wisconsin Appropriated Fund Federal Wage System Wage Areas
Document Number: 2010-29014
Type: Proposed Rule
Date: 2010-11-18
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management is issuing a proposed rule that would redefine the geographic boundaries of the Madison, Wisconsin, and Southwestern Wisconsin appropriated fund Federal Wage System (FWS) wage areas. The proposed rule would redefine Adams and Waushara Counties, WI, from the Southwestern Wisconsin wage area to the Madison wage area. These changes are based on recent consensus recommendations of the Federal Prevailing Rate Advisory Committee to best match the counties proposed for redefinition to a nearby FWS survey area. No other changes are proposed for the Madison and Southwestern Wisconsin FWS wage areas.
Wireless E911 Location Accuracy Requirements
Document Number: 2010-29007
Type: Rule
Date: 2010-11-18
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) amends its rules to require wireless licensees subject to standards for wireless Enhanced 911 (E911) Phase II location accuracy and reliability to satisfy these standards at either a county-based or Public Safety Answering Point (PSAP)-based geographic level. The Commission takes this step in order to ensure an appropriate and consistent compliance methodology with respect to location accuracy standards.
Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan
Document Number: 2010-28993
Type: Rule
Date: 2010-11-18
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a special load line regime for certain unmanned dry-cargo river barges to be exempted from the normal Great Lakes load line assignment while operating on Lake Michigan. Depending on the route, eligible barges may obtain a limited domestic service load line assignment or be conditionally exempted from any load line assignment at all. This special load line regime allows river barges operating under safe conditions to directly transport non- hazardous cargoes originating at inland river ports as far as Milwaukee and Muskegon, resulting in significant cost savings.
Annual Funding Notice for Defined Benefit Plans
Document Number: 2010-28890
Type: Proposed Rule
Date: 2010-11-18
Agency: Employee Benefits Security Administration, Department of Labor
This document contains a proposed regulation that, on adoption, would implement the annual funding notice requirement in the Employee Retirement Income Security Act of 1974 (ERISA), as amended by the Pension Protection Act of 2006 (PPA) and the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA). As amended, section 101(f) of ERISA generally requires the administrators of all defined benefit plans, not just multiemployer defined benefit plans, to furnish an annual funding notice to the Pension Benefit Guaranty Corporation (PBGC), participants, beneficiaries, and certain other persons. A funding notice must include, among other information, the plan's funding target attainment percentage or funded percentage, as applicable, over a period of time, as well as other information relevant to the plan's funded status. This document also contains proposed conforming amendments to other regulations under ERISA, such as the summary annual report regulation, which became necessary when the PPA amended section 101(f) of ERISA. The proposed regulation would affect plan administrators and participants and beneficiaries of defined benefit pension plans, as well as labor organizations representing participants and beneficiaries and contributing employers of multiemployer plans.
Criteria for the Certification and Recertification of the Waste Isolation Pilot Plant's Compliance With the Disposal Regulations: Recertification Decision
Document Number: 2010-28806
Type: Rule
Date: 2010-11-18
Agency: Environmental Protection Agency
With this document, the Environmental Protection Agency (EPA) recertifies that the U.S. Department of Energy's (DOE) Waste Isolation Pilot Plant (WIPP) continues to comply with the ``Environmental Standards for the Management and Disposal of Spent Nuclear Fuel, High- Level and Transuranic (TRU) Radioactive Waste.'' EPA initially certified that WIPP met applicable regulatory requirements on May 18, 1998, and the first shipment of waste was received at WIPP on March 26, 1999. The first Compliance Recertification Application (CRA) was submitted by DOE to EPA on March 26, 2004, and the Agency's first recertification decision was issued on March 29, 2006.
Final Vehicle Safety Rulemaking and Research Priority Plan 2010-2013
Document Number: 2010-28717
Type: Proposed Rule
Date: 2010-11-18
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document announces the availability of the Final Vehicle Safety Rulemaking and Research Priority Plan 2010-2013 (Priority Plan) in Docket No. NHTSA-2009-0108. This Priority Plan is an update to the Final Vehicle Safety Rulemaking and Research Priority Plan 2009-2011 (October 2009 Plan) that was announced in the November 9, 2009, version of the Federal Register (74 FR 57623).
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