November 2010 – Federal Register Recent Federal Regulation Documents

This document contains a correction to a final regulation that amended the Thrift Savings Plan regulations, which was published in the Federal Register of June 1, 2005 (70 FR 32208).

This amendment adopts a new airworthiness directive (AD) for the specified Eurocopter model helicopters. This action requires amending the Limitations section of the Rotorcraft Flight Manual (RFM) to limit the never-exceed velocity (VNE) to 150 Knots Indicated Air Speed (KIAS) and to add a 1,500 ft/minute rate of descent (R/D) limitation beyond 140 KIAS. This action also requires installing one or more placards on the cockpit instrument panel in full view of the pilot and co-pilot. This amendment is prompted by failures of the horizontal stabilizers on recently delivered Model AS 365 N3 helicopters. Tests indicate that the failures were due to a vibration phenomenon that may arise during the descent flight phases at high speed regardless of the stabilizer installed. The actions specified in this AD are intended to restrict the VNE, to prevent failure of the horizontal stabilizer, and subsequent loss of control of the helicopter.

The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS OSCAR AUSTIN (DDG 79) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

The Department of Energy (DOE) is amending the Department of Energy Acquisition Regulation (DEAR) on DOE Management and Operating Contracts to make changes to conform to the Federal Acquisition Regulation (FAR), remove out-of-date coverage, and update references. Today's rule does not alter substantive rights or obligations under current law.

We are superseding an existing airworthiness directive (AD) for the products listed above. This 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:

We are adopting a new airworthiness directive (AD) for the products listed above. This 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:

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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:

The EPA (also, ``the Agency'' or ``we'' in this preamble) is proposing to grant a petition submitted by Owosso Graphic Arts Inc. (Owosso), in Owosso Michigan to exclude (or ``delist'') up to 244 cubic yards of wastewater treatment sludge per year from the list of hazardous wastes. The Agency has tentatively decided to grant the petition based on an evaluation of waste-specific information provided by Owosso. This proposed decision, if finalized, conditionally excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act. We conclude that Owosso's petitioned waste is nonhazardous with respect to the original listing criteria and that there are no other factors which would cause the waste to be hazardous when disposed of in a Subtitle D landfill which is permitted, licensed, or registered by a State to manage industrial solid waste.

The Department of the Treasury's Office of Foreign Assets Control (``OFAC'') is issuing regulations with respect to North Korea to implement Executive Order 13466 of June 26, 2008, and Executive Order 13551 of August 30, 2010. OFAC intends to supplement this part 510 with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance and additional general licenses and statements of licensing policy.

This action amends Class E Airspace at Charleston, SC, by removing the East Cooper Airport from the airspace description. The East Cooper Airport has been renamed Mt. Pleasant Regional Airport- Faison Field, Mt. Pleasant, SC, and established under separate rulemaking. This amendment is necessary for the safe navigation of our National Airspace System.

EPA is proposing a regulatory program to help mitigate the potential for misfueling of certain engines, vehicles and equipment with gasoline containing greater than 10 volume percent (``vol%'') ethanol up to 15 vol% ethanol (E15). This proposal is in conjunction with the Agency's partial waiver, pursuant to Clean Air Act section 211(f)(4), which allows for the introduction into commerce of gasoline- ethanol blends containing up to 15 vol% ethanol for use in model year 2007 and newer on-highway light-duty motor vehicles. The E15 waiver is limited in scope to a portion of the light-duty fleet, and the proposed misfueling mitigation program will help avoid the misfueling of all other engines, vehicles, and equipment with unapproved fuels. This proposed rule would require all E15 gasoline fuel dispensers to have a label if a retail station chooses to sell E15 and seeks comment on separate labeling requirements for fuel blender pumps and fuel pumps that dispense E85. Similar to the prohibition in section 211(f)(1), the proposed rule would prohibit the use of gasoline containing greater than 10 vol% ethanol in vehicles and engines not covered by the partial waiver for E15. In addition, the proposed rule would require product transfer documents specifying ethanol content and Reid Vapor Pressure (RVP) to accompany the transfer of gasoline blended with ethanol and a national survey of retail stations to ensure compliance with the these requirements. The proposed rule would also modify the Reformulated Gasoline (``RFG'') program by updating the Complex Model to allow fuel manufacturers to certify batches of gasoline containing up to 15 vol% ethanol.

Pursuant to section 112(l) of the Clean Air Act as amended in 1990, EPA is proposing to grant delegation of specific national emission standards for hazardous air pollutants (NESHAP) to Clark County, Nevada.

The Federal Motor Carrier Safety Administration (FMCSA) confirms the effective date of the direct final rule titled ``Parts and Accessories Necessary for Safe Operation: Antilock Brake Systems,'' published on September 21, 2010, in the Federal Register (75 FR 57393). This rule made permanent the existing requirement in the Federal Motor Carrier Safety Regulations that each trailer with an antilock brake system be equipped with an external malfunction indicator lamp.

This rule increases the assessment rate established for the Prune Marketing Committee (Committee) for the 2010-11 and subsequent crop years from $0.16 to $0.27 per ton of salable dried prunes handled. The Committee locally administers the marketing order that regulates the handling of dried prunes grown in California. Assessments upon dried prune handlers are used by the Committee to fund reasonable and necessary expenses of the program. The crop year begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This rule amends the Popcorn Promotion, Research and Consumer Information Order (Order) to reduce the Popcorn Board (Board) membership from nine to five members to reflect the consolidation of the popcorn industry and therefore, fewer popcorn processors in the industry. In accordance with the Popcorn Promotion, Research and Consumer Information Order which is authorized by the Popcorn Promotion, Research and Consumer Information Act (Act), the number of members on the Board may be changed by regulation; provided, that the Board consist of not fewer than four members and not more than nine members. In addition, the Order states that for purposes of nominating and appointing processors to the Board, the Secretary may take into account the geographical distribution of popcorn processors.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our April 1, 2010, proposed revised designation of critical habitat for Astragalus jaegerianus (Lane Mountain milk-vetch) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) of the proposed revised designation of critical habitat for Astragalus jaegerianus and an amended required determinations section of the proposal. We are reopening the comment period for an additional 30 days to allow all interested parties an opportunity to comment on the items listed above. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule.

This notice announces an extension of the time period for submitting written comments on the framework document for certain commercial and industrial electric motors. The comment period is extended to November 24, 2010.

The Alcohol and Tobacco Tax and Trade Bureau is considering amending the regulations concerning various winemaking terms commonly used on labels and in advertisements to provide consumers with information about the growing or bottling conditions of wine. We invite comments from industry members, consumers, and other interested parties as to whether and to what extent we should propose specific regulatory amendments for further public comment.

The Alcohol and Tobacco Tax and Trade Bureau is proposing to revise its regulations to require the disclosure of the presence of cochineal extract and carmine on the labels of any alcohol beverage product containing one or both of these color additives. This proposed rule responds to a recent final rule issued by the Food and Drug Administration as well as reports of severe allergic reaction, including anaphylaxis, to cochineal extract and carmine-containing foods. This proposal would allow consumers who are allergic to cochineal extract or carmine to identify and thus avoid alcohol beverage products that contain these color additives.

The Coast Guard proposes a permanent increase in security zone size from 100 yards (91 meters) to 500 yards (457 meters) on the navigable waters of San Francisco Bay, Delta Ports, Monterey Bay, and Humboldt Bay, CA. Security zones are necessary to effectively protect high value assets (HVAs) such as cruise ships, high interest vessels (HIV), or tankers, as defined in 33 CFR 165.1183. A security zone is only enforceable within the limits of that zone. The limitation of the 100 yard (91 meters) security zone hinders reaction time and the ability of the coxswains to determine the target of interest's (TOI) intent, properly assess the situation, and execute protective measures for HVAs. Persons and vessels are prohibited from entering into, transiting through, or anchoring within the temporary security zones unless authorized by the Captain of the Port or her designated representative.

The Coast Guard is establishing a temporary safety zone in the navigable waters of San Francisco Bay 1,500 feet off Yellow Bluff, Sausalito, CA during a fireworks display in support of the Richardson Ash Scattering. This safety zone is established to ensure the safety of participants and spectators from the dangers associated with the pyrotechnics. Unauthorized persons and vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission from the Captain of the Port or her designated representative.

GSA is amending the Federal Travel Regulation (FTR) by adding terms and definitions for ``Dependent'', ``Domestic partner'' and ``Domestic partnership'', and by revising the definition of ``Immediate family'' to include ``Domestic partner'' and children, dependent parents, and dependent brothers and sisters of the Domestic partner as named members of the employee's household. This interim rule also adds references to domestic partners and committed relationships, where applicable, in the FTR.

The U.S. Office of Personnel Management (OPM) is revising the regulations on Federal vacancy announcements, reemployment priority list requirements, positions restricted to preference eligibles, the restriction on moving an employee immediately after a competitive appointment, the Career Transition Assistance Plan (CTAP), and the Interagency Career Transition Assistance Plan (ICTAP). This final rule clarifies the regulations, incorporates longstanding OPM policies, revises placement assistance programs for consistency and effectiveness, removes references to two expired interagency placement assistance programs, and reorganizes information for ease of reading.

We are superseding an existing airworthiness directive (AD) for the products listed above. That AD currently requires removing certain propeller hubs from service at new, reduced life limits and eddy current inspections (ECIs) of the propeller hub. This new AD requires removing certain propeller hubs from service before they exceed 6,000 hours time-since-new (TSN). This AD was prompted by a report of a crack in a propeller hub. We are issuing this AD to prevent cracked propeller hubs, which could cause failure of the propeller hub, blade separation, and loss of control of the airplane.

The Commodity Futures Trading Commission is proposing rules to implement new anti-manipulation authority in section 753 of the Dodd- Frank Wall Street Reform and Consumer Protection Act. The proposed rules expand and codify the Commission's authority to prohibit manipulation.