November 2010 – Federal Register Recent Federal Regulation Documents
Results 351 - 400 of 489
Funding and Fiscal Affairs, Loan Policies and Operations, and Funding Operations; Capital Adequacy; Capital Components-Basel Accord Tier 1 and Tier 2
The Farm Credit Administration (FCA, Agency or we) is extending the comment period on our ANPRM that seeks comments to facilitate the development of enhancements to our regulatory capital framework to more closely align minimum capital requirements with those of the Federal banking regulators and with risks taken by Farm Credit System (FCS or System) institutions, taking into consideration the System's public mission as a Government-sponsored enterprise (GSE) and its unique cooperative structure. We are extending the comment period so all interested parties will have additional time to provide comments.
Transportation for Individuals With Disabilities: Passenger Vessels
On July 6, 2010, the Department of Transportation issued a new Americans with Disabilities Act (ADA) final rule to ensure nondiscrimination on the basis of disability by passenger vessel operators (PVOs). The final rule requested comment on three issues: Service animals, mobility devices, and the consistency of the rule with recent Department of Justice ADA rules. This document responds to those comments and makes certain adjustments in effective dates for the final rule.
Federal Home Loan Bank Liabilities
The Federal Housing Finance Agency (FHFA) is proposing to re- organize and re-adopt existing Federal Housing Finance Board (Finance Board) regulations dealing with consolidated obligations (COs), as well as related regulations addressing other authorized Federal Home Loan Bank (Bank) liabilities and book-entry procedures for COs, as new part 1270 of the FHFA regulations. The proposed rule would also make changes to the regulations governing COs to reflect recent statutory amendments which removed authority from FHFA to issue COs on which the Banks are jointly and severally liable and provided this authority to the Banks themselves. Otherwise, FHFA is proposing to re-adopt most of the regulatory provisions addressed in this rulemaking without substantive amendment.
Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Series Airplanes
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:
Airworthiness Directives; Cessna Aircraft Company Models 150, 152, 170, 172, 175, 177, 180, 182, 185, 188, 190, 195, 206, 207, 210, T303, 336, and 337 Airplanes
We propose to supersede Airworthiness Directive (AD) 87-20-03 R2, which applies to certain Cessna Aircraft Company (Cessna) 150, 152, 170, 172, 175, 177, 180, 182, 185, 188, 190, 195, 206, 207, 210, T303, 336, and 337 series airplanes. AD 87-20-03 R2 currently requires repetitive inspections and replacement of parts, if necessary, of the seat rail and seat rail holes; seat pin engagement; seat rollers, washers, and axle bolts or bushings; wall thickness of roller housing and the tang; and lock pin springs. Since we issued AD 87-20-03 R2, we have added steps to the inspection procedures, added revised figures, and clarified some of the existing steps. Consequently, this proposed AD would retain all of the actions from the previous AD and add steps to the inspection procedures in the previous AD. We are proposing this AD to prevent seat slippage or the seat roller housing from departing the seat rail, which may consequently cause the pilot/copilot to be unable to reach all the controls. This failure could lead to the pilot/copilot losing control of the airplane.
Prohibition Against Fraud, Manipulation, and Deception in Connection With Security-Based Swaps
The Securities and Exchange Commission (``Commission'') is proposing for comment a new rule under the Securities Exchange Act of 1934 (``Exchange Act'') that is intended to prevent fraud, manipulation, and deception in connection with the offer, purchase or sale of any security-based swap, the exercise of any right or performance of any obligation under a security-based swap, or the avoidance of such exercise or performance.
Approval and Disapproval and Promulgation of Air Quality Implementation Plans; Colorado; Revision to Definitions; Construction Permit Program; Regulation 3
EPA is proposing to partially approve and partially disapprove State Implementation Plan (SIP) revisions submitted by the State of Colorado on June 20, 2003 and April 12, 2004. The intended effect of this proposal is to approve those portions of the revisions to Colorado's Regulation 3 that place restrictions on increment consumption, add innovative control technology as an alternative to BACT requirements and make other changes as described in more detail below. In addition, EPA proposes to disapprove those portions of the rule revisions that EPA determined are inconsistent with the Clean Air Act (CAA), including provisions relating to pollution control projects. This action is being taken under section 110 of the CAA.
Domestic Shipping Services Pricing and Mailing Standards Changes
The Postal Service is revising Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]), to reflect changes to prices and mailing standards for the following Shipping Services: Express Mail[supreg]; Priority Mail[supreg]; Parcel Select[supreg]; Recipient Services.
Port Access Route Study: In the Bering Strait
The Coast Guard (USCG) is conducting a Port Access Route Study (PARS) to evaluate: The continued applicability of and the need for modifications to current vessel routing measures; and the need for creation of new vessel routing measures in the Bering Strait. The goal of the study is to help reduce the risk of marine casualties and increase the efficiency of vessel traffic in the study area. The recommendations of the study may lead to future rulemaking action or appropriate international agreements.
Establishment of Class E Airspace; Berryville, AR
This action establishes Class E airspace for Berryville, AR, to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Carroll County Airport, Berryville, AR. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Proposed Amendment of Class E Airspace; La Porte, IN
This action proposes to amend Class E airspace at La Porte, IN, to accommodate new Standard Instrument Approach Procedures (SIAP) for the La Porte Hospital Heliport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the heliport.
Proposed Amendment of Class E Airspace; Greensburg, IN
This action proposes to amend Class E airspace at Greensburg, IN, to accommodate new Standard Instrument Approach Procedures (SIAP) for the Decatur County Memorial Hospital Heliport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the heliport.
Amendment of Class E Airspace; Kennett, MO
This action amends Class E airspace for Kennett, MO. Decommissioning of the Kennett non-directional beacon (NDB) at Kennett Memorial Airport, Kennett, MO, has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Proposed Amendment of Class E Airspace; Richmond, IN
This action proposes to amend Class E airspace at Richmond, IN, to accommodate new Standard Instrument Approach Procedures (SIAP) for the Reid Hospital Heliport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations.
Proposed Amendment of Class E Airspace; Lafayette, Purdue University Airport, IN
This action proposes to amend Class E airspace at Lafayette, IN, to accommodate new Standard Instrument Approach Procedures (SIAP) for the Clarian Arnett Heliport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the heliport.
Proposed Establishment of Class E Airspace; Martinsville, IN
This action proposes to establish Class E airspace at Martinsville, IN, to accommodate new Standard Instrument Approach Procedures (SIAP) for the Morgan Hospital Heliport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the heliport.
Proposed Establishment of Class E Airspace; New Hampton, IA
This action proposes to establish Class E airspace at New Hampton, IA, to accommodate new Standard Instrument Approach Procedures (SIAP) for the Mercy Medical Center Heliport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations.
Proposed Amendment of Class E Airspace; Muncie, IN
This action proposes to amend Class E airspace at Muncie, IN to accommodate new Standard Instrument Approach Procedures (SIAP) for the Ball Memorial Hospital Heliport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations.
List of Fisheries for 2011
The National Marine Fisheries Service (NMFS) publishes its final List of Fisheries (LOF) for 2011, as required by the Marine Mammal Protection Act (MMPA). The final LOF for 2011 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of serious injury and mortality of marine mammals that occurs incidental to each fishery. The classification of a fishery on the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements.
Fresh Prunes Grown in Designated Counties in Washington and in Umatilla County, OR; Termination of Marketing Order 924
This rule invites comments on the proposed termination of the Federal marketing order regulating the handling of fresh prunes grown in designated counties in Washington and in Umatilla County, Oregon, and the rules and regulations issued thereunder. Marketing Order No. 924 is administered locally by the Washington-Oregon Fresh Prune Marketing Committee (Committee), which unanimously recommended termination of the marketing order at a meeting held on June 1, 2010. This recommendation is based on the Committee's determination that this order is no longer an effective marketing tool for the fresh prune industry, and that termination would best serve the current needs of the industry while also eliminating the costs associated with the operation of the marketing order.
Administrative Wage Garnishment
This final rule establishes debt collection regulations for the Federal Trade Commission (``FTC'' or ``Commission'' or ``agency'') to conform to the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996, the Federal Claims Collection Standards, and other laws applicable to the collection of nontax debts owed to the FTC.
Disclosure Requirements and Prohibitions Concerning Business Opportunities
The Federal Trade Commission (``FTC'' or ``Commission'') announces the publication of the Staff Report on the Business Opportunity Rule. The Staff Report sets forth the staff's recommendations to the Commission on the various proposed amendments to the Business Opportunity Rule.
National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances (Crops and Processing)
This proposed rule would amend the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) to reflect recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on May 22, 2008, November 19, 2008, and May 6, 2009. The recommendations addressed in this proposed rule pertain to establishing exemptions (uses) for four substances in organic crop production and organic processing, amending an annotation for one allowed substance, and removing an exemption for one allowed substance. Consistent with the recommendations from the NOSB, this proposed rule would add the following four substances, along with any restrictive annotations, to the National List: Microcrystalline cheesewax; acidified sodium chlorite; dried orange pulp; and Pacific kombu seaweed. This proposed rule would also amend the annotation for lecithinunbleached, and remove lecithinbleached, from the National List.
Proposed Christmas Tree Promotion, Research, and Information Order; Referendum Procedures
This proposed rule invites comments on procedures for conducting a referendum to determine whether the issuance or continuation of the proposed Christmas Promotion, Research, and Information Order (Proposed Order) is favored by domestic producers and importers of Christmas trees. This proposed program would be implemented under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). The 1996 Act allows for a referendum to be conducted determining if domestic producers and importers favor the proposed order and also providing that a referendum be conducted up to three years after the effective date of the Proposed Order. The program would be implemented or continued if approved by a simple majority of the eligible domestic producers and importers voting in the referendum. These procedures would also be used for any subsequent referendum under the Proposed Order, if it is approved in the initial referendum. The Proposed Order is being published separately in this issue of the Federal Register. This proposed rule also announces the Agricultural Marketing Service's (AMS) intent to request approval by the Office of Management and Budget (OMB) of new information collection requirements to implement the program.
Proposed Christmas Tree Promotion, Research, and Information Order
This proposed rule invites comments on the establishment of an industry-funded promotion, research, and information program for fresh cut Christmas trees. The proposed Christmas Tree Promotion, Research, and Information Order (Proposed Order), was submitted to the Department of Agriculture (Department) by the Christmas Tree Checkoff Task Force, an industry wide group of producers and importers that support this proposed program. Under the Proposed Order, producers and importers of fresh cut Christmas trees would pay an initial assessment of $0.15 per tree, which would be paid to the proposed Christmas Tree Promotion Board (Board). This Board would be responsible for administration and operation of the proposed Order. Producers and importers that domestically produce or import less than 500 Christmas trees annually would be exempt from the assessment. The proposed program is authorized under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). A referendum will be conducted, among producers and importers, three years after the collection of assessments begin to determine if Christmas tree producers and importers favor the continuation of this program. This proposed rule also announces the Agricultural Marketing Service's (AMS) intention to request approval of new Christmas tree information collection requirements by the Office of Management and Budget (OMB) for the operation of the Proposed Order.
Approval and Promulgation of Implementation Plans; Albuquerque/Bernalillo County, NM; Interstate Transport of Pollution
The EPA is approving a revision to the Albuquerque/Bernalillo County, New Mexico State Implementation Plan (SIP) to address the ``good neighbor'' provisions of the Clean Air Act (CAA) section 110(a)(2)(D)(i), for the 1997 ozone and the 1997 fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS) as it applies to Albuquerque/Bernalillo County. The revision addresses one element of CAA section 110(a)(2)(D)(i), which pertains to prohibiting air pollutant emissions from within a state to significantly contribute to nonattainment of the ozone and PM2.5 NAAQS in any state. The Albuquerque/Bernalillo Air Quality Control Board (AQCB) is responsible for the portion of the New Mexico SIP that applies in Bernalillo County, which encompasses the City of Albuquerque. This rulemaking action is being taken under section 110 of the CAA.
Real-Time System Management Information Program
Section 1201 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires the Secretary of Transportation (Secretary) to establish a Real-Time System Management Information Program that provides, in all States, the capability to monitor, in real-time, the traffic and travel conditions of the major highways of the United States and to share these data with State and local governments and with the traveling public. This rule establishes minimum parameters and requirements for States to make available and share traffic and travel conditions information via real- time information programs.
Medicaid; Federal Funding for Medicaid Eligibility Determination and Enrollment Activities
This proposed rule would revise Medicaid regulations for Mechanized Claims Processing and Information Retrieval Systems. Specifically, we are proposing to amend the definition of Mechanized Claims Processing and Information Retrieval Systems to include systems used for eligibility determination, enrollment, and eligibility reporting activities. We propose to modify our regulations so that the enhanced Federal financial participation (FFP) is available for design, development and installation or enhancement of eligibility determination systems until December 31, 2015, with enhanced FFP for maintenance and operations available for such systems beyond that date in certain circumstances. We also propose that all Medicaid Management Information Systems (MMISs) meet certain defined standards and conditions in terms of timeliness, accuracy, efficiency, and integrity and that they achieve high positive levels of consumer experience, acceptance and satisfaction in order to receive enhanced FFP.
Cranes and Derricks in Construction; Approval of Information Collection Requirements
On August 9, 2010, OSHA published a final rule revising the Cranes and Derricks Standard and related sections of the Construction Standard to update and specify industry work practices necessary to protect employees during the use of cranes and derricks in construction. That final standard also addressed advances in the designs of cranes and derricks, related hazards, and the qualifications of employees needed to operate them safely. Those requirements contained information collection requirements for which approval was needed from the Office of Management and Budget. This document announces that OMB has approved those collection of information requirements and makes the appropriate regulatory change to reflect that approval. The OMB approval number is 1218-0261.
Revisions To In-Use Testing for Heavy-Duty Diesel Engines and Vehicles; Emissions Measurement and Instrumentation; Not-to-Exceed Emission Standards; and Technical Amendments for Off-Highway Engines
This NPRM proposes to make several revisions to EPA's mobile source emission programs and test procedures. EPA believes that each of these is minor and non-controversial in nature. Most of the proposed changes arise from the results of the collaborative test program and related technical work we conducted for the highway heavy-duty diesel in-use testing program. Most noteworthy here is the proposal to adopt a particulate matter measurement allowance for use with portable emission measurement systems. Related to this are two provisions to align the in-use program timing requirements with completion of the program as required in current regulations and the incorporation of revisions to a few technical requirements in the testing regulations based on information learned in this and one other test program. Finally, the NPRM proposes to modify a few transitional flexibilities for locomotive, recreational marine, and Tier 4 nonroad engines and incorporates a handful of minor corrections.
Revisions to In-Use Testing for Heavy-Duty Diesel Engines and Vehicles; Emissions Measurement and Instrumentation; Not-to-Exceed Emission Standards; and Technical Amendments for Off-Highway Engines
EPA is taking direct final action on several revisions to EPA's mobile source emission programs standards and test procedures. EPA believes that each of these is minor and non-controversial in nature. Most of the changes arise from the results of the collaborative test program and related technical work we conducted for the highway heavy-duty diesel in-use testing program. Most noteworthy here is the adoption of a particulate matter measurement allowance for use with portable emission measurement systems. Related to this are two provisions to align the in-use program timing requirements with completion of the program as required in current regulations and the incorporation of revisions to a few technical requirements in the testing regulations based on information learned in this and one other test program. Finally, the DFR modifies a few transitional flexibilities for locomotive, recreational marine, and Tier 4 nonroad engines and incorporates a handful of minor corrections.
Airworthiness Directives; McDonnell Douglas Corporation Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F; Model MD-10-10F, MD-10-30F, MD-11, and MD-11F Airplanes
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10- 10F, MD-10-30F, MD-11, and MD-11F airplanes. The existing AD currently requires an inspection to determine if a certain fuel pump housing electrical connector is installed. The existing AD also requires a revision to the FAA-approved airplane flight manual (AFM) to advise the flightcrew of the appropriate procedures for disabling certain fuel pump electrical circuits following failure of a fuel pump housing electrical connector if applicable. The existing AD also requires the deactivation of certain fuel tanks or fuel pumps and the installation of placards if applicable. The existing AD allows the optional replacement of the fuel pump housing electrical connectors with new, improved parts, which would terminate the AFM revisions, deactivation of certain fuel tanks and fuel pumps, and placard installation. This proposed AD would instead require replacing the fuel pump housing electrical connector assembly with a new part and doing repetitive inspections for continuity, resistance, and insulation resistance, and doing corrective actions if necessary. This proposed AD results from reports of failures of a certain fuel pump housing electrical connector. We are proposing this AD to detect and correct insulation resistance degradation and arcing in the potted backside of the electrical connector assembly of the fuel boost/transfer pump housing, which could compromise its performance and cause an ignition source in the fuel tank, resulting in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; McDonnell Douglas Corporation Model MD-90-30 Airplanes
We propose to adopt a new airworthiness directive (AD) for all McDonnell Douglas Model MD-90-30 airplanes. This proposed AD would require installing new fire handle shutoff system wiring. This proposed AD was prompted by a possible latent failure in the fire handle shutoff relay circuit due to a lack of separation between engine wires. We are proposing this AD to minimize the possibility of a multiple engine shutdown due to single fire handle activation.
Fisheries in the Western Pacific; Community Development Program Process
In this rule, NMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements contained in regulations implementing Amendment 1 to the Fishery Ecosystem Plans for American Samoa, Hawaii, the Mariana Archipelago, and Western Pacific Pelagic Fisheries, relating to the community development plan process. The intent of this final rule is to inform the public that OMB has approved the associated reporting requirements.
Crewmember Requirements When Passengers are Onboard
Currently, during passenger boarding and deplaning, all flight attendants are required to be on board the airplane. This final rule will allow one required flight attendant to deplane during passenger boarding, to conduct safety-related duties, as long as certain conditions are met. In addition, this rule will allow a pilot or flight engineer not assigned to the flight to substitute for a flight attendant when that flight attendant does not remain within the immediate vicinity of the door through which passengers are boarding. This rule will also allow a reduction of flight attendants remaining on board the airplane during passenger deplaning, as long as certain conditions are met. The FAA has determined that these revisions to current regulations can be made as a result of recent safety enhancements to airplane equipment and procedures. These changes have mitigated the risks to passengers during ground operations that previously required all flight attendants to be on board the airplane during passenger boarding and deplaning.
Suitability
The U.S. Office of Personnel Management (OPM) is issuing proposed regulations to assist agencies in carrying out new requirements to reinvestigate individuals in public trust positions under Executive Order 13488, Granting Reciprocity on Excepted Service and Federal Contractor Employee Fitness and Reinvestigating Individuals in Positions of Public Trust, to ensure their continued employment is appropriate. This proposed rule would implement the suitability reinvestigation provisions of E.O. 13488. OPM also proposes to make a technical revision to the authority citation to correct the citation format.
Safety Management Systems for Part 121 Certificate Holders
The FAA proposes to require each certificate holder operating under 14 CFR part 121 to develop and implement a safety management system (SMS) to improve the safety of their aviation related activities. A safety management system is a comprehensive, process- oriented approach to managing safety throughout an organization. An SMS includes an organization-wide safety policy; formal methods for identifying hazards, controlling, and continually assessing risk; and promotion of a safety culture. SMS stresses not only compliance with technical standards but increased emphasis on the overall safety performance of the organization.
Proposed Rule Staying Numeric Limitation for the Construction and Development Point Source Category
EPA is proposing to stay the numeric effluent limitation of 280 NTU and associated monitoring requirements for the Construction and Development Point Source Category. This action is necessary so that EPA can reconsider the record basis for calculating the numeric effluent limitation. EPA plans to take final action to recalculate the numeric effluent limitation by June 29, 2011. EPA proposes to stay the 280 NTU limit and associated monitoring requirements until it takes final action to recalculate the numeric limitation.
Direct Final Rule Staying Numeric Limitation for the Construction and Development Point Source Category
EPA is taking direct final action to stay the numeric effluent limitation of 280 NTU and associated monitoring requirements for the Construction and Development Point Source Category. This action is necessary so that EPA can reconsider the record basis for calculating the numeric effluent limitation. EPA expects to move expeditiously with its reconsideration, and will remove the stay when such reconsideration is completed.
Approval and Promulgation of Implementation Plans; North Carolina: Prevention of Significant Deterioration; Greenhouse Gas Tailoring Rule Revision
EPA is proposing to approve a draft revision to the North Carolina State Implementation Plan (SIP), submitted by the State of North Carolina, through the North Carolina Department of Environment and Natural Resources' (NC DENR) Division of Air Quality, to EPA on August 11, 2010, for parallel processing. The proposed SIP revision establishes new provisions specific to greenhouse gas (GHG) for North Carolina's New Source Review (NSR) Prevention of Significant Deterioration (PSD) program. Specifically, the proposed SIP revision establishes appropriate emission thresholds for determining which new stationary sources and modification projects become subject to North Carolina's PSD permitting requirements for their GHG emissions. North Carolina's August 11, 2010, SIP revision is necessary because without it, on January 2, 2011, PSD requirements would apply at the 100 or 250 tons per year (tpy) levels provided under the Clean Air Act (CAA or Act), which would overwhelm North Carolina's permitting resources. EPA is proposing approval of North Carolina's August 11, 2010, SIP revision relating to PSD requirements for GHG-emitting sources because the Agency has made the preliminary determination that this SIP revision is in accordance with the CAA and EPA regulations regarding PSD permitting for GHGs.
Debt Collection
This final rule amends the Pension Benefit Guaranty Corporation's (PBGC) regulation on debt collection to conform to the Debt Collection Improvement Act of 1996, the Federal Claims Collection Standards and other legal requirements applicable to the collection of non-tax debts owed to PBGC. PBGC is adding salary offset and administrative wage garnishment to the collection methods allowed under the current regulation and making other changes to strengthen PBGC's debt collection program.
Revisions to the California State Implementation Plan
EPA is proposing to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX), carbon monoxide (CO), oxides of sulfur (SO2) and particulate matter emissions from boilers, steam generators and process heaters greater than 5.0 MMbtu/hour. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
Approval and Promulgation of Implementation Plans; Kentucky: Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule Revision
EPA is proposing to approve a draft revision to the State Implementation Plan (SIP), submitted by Kentucky's Energy and Environment Cabinet, through the Kentucky Division for Air Quality (KDAQ), to EPA on August 5, 2010, for parallel processing. The proposed SIP revision makes two changes impacting the Commonwealth of Kentucky's New Source Review (NSR) Prevention of Significant Deterioration (PSD) program. First, the proposed revision provides the Commonwealth of Kentucky with authority to regulate greenhouse gas (GHG) under its PSD program. Second, the proposed SIP revision establishes appropriate emission thresholds for determining which new stationary sources and modification projects become subject to Kentucky's PSD permitting requirements for their GHG emissions. The first component of the proposed revision is necessary because the Commonwealth of Kentucky is required to apply its PSD program to GHG-emitting sources, and unless it does so (or unless EPA promulgates a Federal implementation plan (FIP) to do so), such sources will be unable to receive preconstruction permits and therefore may not be able to construct or modify. The second component is necessary because without it, on January 2, 2011, PSD requirements would apply at the 100 or 250 tons per year (tpy) levels provided under the Clean Air Act (CAA or Act), which would overwhelm Kentucky's permitting resources. EPA is proposing approval of the Commonwealth of Kentucky's August 5, 2010, SIP revision relating to PSD requirements for GHG-emitting sources because the Agency has made the preliminary determination that this SIP revision is in accordance with the CAA and EPA regulations regarding PSD permitting for GHGs.
Approval and Promulgation of State Implementation Plans; Texas; Revisions to Chapters 39, 55, and 116 Which Relate to Public Participation on Permits for New and Modified Sources; Withdrawal of Proposed Rule
EPA is withdrawing our proposed limited approval and limited disapproval of revisions to the Texas state implementation plan (SIP), which relate to public participation for air permits for new and modified sources, because the subject SIP revisions are no longer before us for review. On November 26, 2008 (73 FR 72003) EPA proposed limited approval and limited disapproval. In response to our proposed limited approval and limited disapproval, the Texas Commission on Environmental Quality (TCEQ or the Commission) adopted new regulations governing public participation for air permits and submitted these regulations to EPA as revisions to the SIP in a letter dated July 2, 2010. Also at this time, TCEQ withdrew from consideration the previously submitted revisions to the Texas SIP concerning public participation for air permits that were the subject of our November 26, 2008, proposed limited approval and limited disapproval. Consequently, the State's July 2, 2010 action also withdraws from EPA's review the public participation component of the May 21, 2009, Settlement Agreement (as modified on February 12, 2010) between EPA and the BCCA Appeal Group, Texas Association of Business, and Texas Oil and Gas Association (Settlement Agreement).
Approval and Promulgation of Implementation Plans; Alabama: Prevention of Significant Deterioration; Greenhouse Gas Tailoring Rule Revision
EPA is proposing to approve a draft revision to the State Implementation Plan (SIP), submitted by Alabama, through the Alabama Department of Environmental Management (ADEM), to EPA on August 17, 2010, for parallel processing. The proposed SIP revision modifies Alabama's New Source Review (NSR) Prevention of Significant Deterioration (PSD) program. Specifically, the proposed SIP revision establishes appropriate emission thresholds for determining which new stationary sources and modification projects become subject to Alabama's PSD permitting requirements for their greenhouse gas (GHG) emissions. Alabama's August 17, 2010, SIP revision is necessary because without it, on January 2, 2011, PSD requirements would apply at the 100 or 250 tons per year (tpy) levels provided under the Clean Air Act (CAA or Act), which would overwhelm Alabama's permitting resources. EPA is proposing approval of Alabama's August 17, 2010, SIP revision relating to PSD requirements for GHG-emitting sources because the Agency has made the preliminary determination that this SIP revision is in accordance with the CAA and EPA regulations regarding PSD permitting for GHGs.
Approval and Promulgation of Implementation Plans; Tennessee: Prevention of Significant Deterioration; Greenhouse Gas Tailoring Rule Revision
EPA is proposing to approve a draft revision to the State Implementation Plan (SIP), submitted by Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), Air Pollution Control Division, to EPA on August 30, 2010, for parallel processing. The proposed SIP revision modifies Tennessee's New Source Review (NSR) Prevention of Significant Deterioration (PSD) program. Specifically, the proposed SIP revision establishes appropriate emission thresholds for determining which new stationary sources and modification projects become subject to Tennessee's PSD permitting requirements for their greenhouse gas (GHG) emissions. Tennessee's August 30, 2010, SIP revision is necessary because without it, on January 2, 2011, PSD requirements would apply at the 100 or 250 tons per year (tpy) levels provided under the Clean Air Act (CAA or Act), which would overwhelm Tennessee's permitting resources. EPA is proposing approval of Tennessee's August 30, 2010, SIP revision relating to PSD requirements for GHG-emitting sources because the Agency has made the preliminary determination that this SIP revision is in accordance with the CAA and EPA regulations regarding PSD permitting for GHGs.
Medical Devices; Radiology Devices; Reclassification of Full-Field Digital Mammography System
The Food and Drug Administration (FDA) is announcing the reclassification of the full-field digital mammography (FFDM) system from class III (premarket approval) to class II (special controls). The device type is intended to produce planar digital x-ray images of the entire breast; this generic type of device may include digital mammography acquisition software, full-field digital image receptor, acquisition workstation, automatic exposure control, image processing and reconstruction programs, patient and equipment supports, component parts, and accessories. The special control that will apply to the device is the guidance document entitled ``Class II Special Controls Guidance Document: Full-Field Digital Mammography System.'' FDA is reclassifying the device into class II (special controls) because general controls along with special controls will provide a reasonable assurance of safety and effectiveness of the device. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of the guidance document that will serve as the special control for this device.
Modification of Significant New Uses of 2-Propen-1-one, 1-(4-morpholinyl)-
Under the Toxic Substances Control Act (TSCA), EPA is proposing to amend the significant new use rule (SNUR) for 2-Propen-1- one, 1-(4-morpholinyl)- (CAS No. 5117-12-4) to allow certain uses without requiring a significant new use notice (SNUN). EPA is proposing this amendment based on review of new toxicity test data and receipt of a SNUN for this chemical substance. The proposed amended SNUR would continue to require a SNUN for new uses that may involve significant changes in human exposure.
Approval and Promulgation of Implementation Plans; Mississippi: Prevention of Significant Deterioration; Greenhouse Gas Tailoring Rule Revision
EPA is proposing to approve a portion of a draft revision to the Mississippi State Implementation Plan (SIP), submitted by the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ), to EPA on September 14, 2010, for parallel processing. The proposed SIP revision modifies Mississippi's New Source Review (NSR) Prevention of Significant Deterioration (PSD) program. Specifically, the proposed SIP revision establishes appropriate emission thresholds for determining which new stationary sources and modification projects become subject to Mississippi's PSD permitting requirements for their greenhouse gas (GHG) emissions. Mississippi's September 14, 2010, SIP revision is necessary because without it, on January 2, 2011, PSD requirements would apply at the 100 or 250 tons per year (tpy) levels provided under the Clean Air Act (CAA or Act), which would overwhelm Mississippi's permitting resources. EPA is proposing approval of Mississippi's September 14, 2010, SIP revision relating to PSD requirements for GHG-emitting sources because the Agency has made the preliminary determination that this SIP revision is in accordance with the CAA and EPA regulations regarding PSD permitting for GHGs.
Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Sewage Sludge Incineration Units; Correction
This action clarifies certain text of the proposed rules titled ``Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Sewage Sludge Incineration Units.'' The proposed rules were published in the Federal Register on October 14, 2010. The action proposes how EPA will address Clean Air Act requirements to establish new source performance standards for new units and emission guidelines for existing units for specific categories of solid waste incineration units.
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