2010 – Federal Register Recent Federal Regulation Documents

The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Premarket Notification'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

Under the provisions of Section 33 U.S.C. 426-2, the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and 41 CFR 102-3.50, the Department of Defense gives notice that it is renewing the charter for the Board on Coastal Engineering Research (hereafter referred to as ``the Board''). The Board is a non-discretionary Federal advisory committee and shall provide the Coastal Engineering Research Center, through the Chief of Engineers/Commander, U.S. Army Corps of Engineers, independent advice and recommendations on reports of investigations made concerning shore erosion on coastal and lake waters and the protection of such shores. The Chief of Engineers/Commander, U.S. Army Corps of Engineers may act upon the Board's advice and recommendations. The Board shall report to the Secretary of the Army through the Chief of Engineers/Commander, U.S. Army Corps of Engineers. The Department of Defense, through the Secretary of the Army, the Assistant Secretary of the Army (Civil Works), and the U.S. Corps of Engineers, shall provide support as deemed necessary for the performance of the Board's functions and shall ensure compliance with the requirements of the Federal Advisory Committee Act of 1972 and the Government in the Sunshine Act of 1976 (5 U.S.C. 552b). The Board shall be composed of not more than seven members, of whom four shall be officers of the Corps of Engineers and three shall be civilian engineers recommended by the Chief of Engineers due to his or her special fitness in the field of beach erosion and shore protection. If the Secretary of Defense nominated the Deputy Commanding General for Civil and Emergency Operations, U.S. Army Corps of Engineers to the Board by ex officio position, that person shall serve as the President of the Board; otherwise, the Board shall pick its president. Board members, who are not full-time or permanent part-time federal officers or employees, shall be appointed by the Secretary of Defense to serve as experts and consultants under the authority of 5 U.S.C. 3109 and shall serve as special government employees, whose appointments must be renewed on an annual basis. Pursuant to Public Law 91-611, Title I, Section 105, December 31, 1970, 84 Stat. 1819, Board members who are not full-time or permanent part-time federal officers or employees, may be paid at rates not to exceed the daily equivalent of the rate for a GS-15, step 10, for each day of attendance at Board meetings, not to exceed thirty days per year, in addition to the traveling and other necessary expenses connected with their duties on the Board in accordance with the provisions of Title 5, United States Code, Section 5703(b), (d), and Section 5707. All other Board members shall receive compensation for travel and per diem for official travel. With DoD approval, the board is authorized to establish subcommittees, as necessary and consistent with its mission. These subcommittees shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and other governing DoD and Federal statutes and regulations. Such subcommittees shall not work independently of the chartered Board, and shall report all their recommendations and advice to the Board for full deliberation and discussion. Subcommittees have no authority to make decisions on behalf of the chartered Board; nor can they report directly to the Department of Defense or any Federal officers or employees who are not Board members. Subcommittee members, who are not Board members, shall be appointed by the Secretary of Defense according to governing DoD policy and procedures. Such individuals, if not full-time or part-time government employees, shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. 3109, and shall serve as special government employees, whose appointments must be renewed on an annual basis.

Pursuant to the provisions of the Federal Advisory Committee Act (``FACA''), 5 U.S.C. App. 2, and after consultation with the General Services Administration, the Chairman of the Federal Deposit Insurance Corporation has determined that renewal of the FDIC Advisory Committee on Economic Inclusion (``the Committee'') is in the public interest in connection with the performance of duties imposed upon the FDIC by law. The Committee has been a successful undertaking by the FDIC and has provided valuable feedback to the agency on important initiatives focused on expanding access to banking services by underserved populations. The Committee will continue to provide advice and recommendations on initiatives to expand access to banking services by underserved populations. The Committee will continue to review various issues that may include, but not be limited to, basic retail financial services such as check cashing, money orders, remittances, stored value cards, short-term loans, savings accounts, and other services to promote asset accumulation and financial stability. The structure and responsibilities of the Committee are unchanged from when it was originally established in November 2006. The Committee will continue to operate in accordance with the provisions of the Federal Advisory Committee Act.

In this document, the Commission seeks to promote and facilitate wireless innovation to ensure that the promise of dynamic spectrum access technologies can be fully realized and applied across more of the radio spectrum. A dynamic sharing approach would, for example, allow devices to identify and use slices of spectrum that are available in a particular location for a limited timefrom as little as few seconds to as much as several days. Specifically, the Commission seeks comment on the variety of ways in which dynamic spectrum access radios and techniques can promote more intensive and efficient use of the radio spectrum, and the potential that these technological innovations have for enabling more effective management of spectrum.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This SIP revision includes amendments to the Allegheny County Health Department (ACHD) Rules and Regulations, Article XXI, Air Pollution Control, and meets the requirement to adopt Reasonably Available Control Technology (RACT) for sources covered by EPA's Control Techniques Guidelines (CTG) standards for the following categories: Large appliance and metal furniture; flat wood paneling; and paper, film, and foil surface coating processes. In the Final Rules section of this Federal Register, EPA is approving the Commonwealth's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A more detailed description of the State submittal and EPA's evaluation are included in a Technical Support Document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This revision consists of amendments to the Commonwealth of Virginia's ambient air quality standards for particulate matter (PM). This action is being taken under the Clean Air Act (CAA).

On October 6, 2009, Minnesota submitted a request for a sulfur dioxide State Implementation Plan revision for Marathon Petroleum in St. Paul Park. This submittal updates the State Implementation Plan to reflect the installation of new boilers and a sulfur recovery unit and changes to three existing heaters. Overall, this update represents a decrease in sulfur dioxide emissions. EPA is approving these revisions under the Clean Air Act.

EPA is updating the materials submitted by West Virginia that are incorporated by reference (IBR) into the State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the West Virginia Department of Environmental Protection and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC and the Regional Office.

The Committee on Rules of Practice and Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation.

The Advisory Committee on Rules of Bankruptcy Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation.

The Advisory Committee on Rules of Criminal Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation.

The Huron-Manistee National Forests (Forest Service) will prepare a supplemental environmental impact statement (SEIS) to assess the environmental impacts of a Land and Resource Management Plan alternative that would ban firearm hunting and snowmobile use (subject to existing rights) on National Forest System lands within Semiprimitive Nonmotorized Management Areas and would ban firearm hunting (subject to existing rights) in Primitive Area (Nordhouse Dunes Wilderness). This analysis will remedy deficiencies identified by the U.S. Court of Appeals for the Sixth Circuit Court in the original Environmental Impact Statement prepared for the Huron-Manistee Land and Resource Management Plan Revision of 2006. The decision which results may amend the Huron-Manistee National Forests Land and Resource Management Plan. The objectives of the analysis, consistent with existing regulatory direction as identified by the court, are to coordinate recreation planning with the State of Michigan with the aim (to the extent feasible) to reduce duplication in meeting recreation demands, to minimize conflicts between off-road vehicle use and other uses of the Forests, and to identify recreational preferences of user groups and the settings needed to provide quality recreational opportunities.

The following public hearing on proposed amendments to the Federal Rules of Criminal Procedure, has been canceled: Criminal Rules Hearing, January 5, 2011, I San Francisco, CA

The Food and Drug Administration (FDA) is reopening the comment period for the proposed rule published in the Federal Register of April 17, 1997 (the 1997 proposed rule). The 1997 proposed rule would replace the voluntary petition process to affirm the generally recognized as safe (GRAS) status of a substance intended for use in food for humans or animals with a voluntary notification procedure. FDA is reopening the comment period to update comments. The proposed rule would also clarify the criteria for exempting the use of a substance as GRAS.

The Commission announces amendments to the FTC's Guides for the Jewelry, Precious Metals, and Pewter Industries. The amendments in particular provide guidance on how to mark and describe non-deceptively an alloy of platinum and non-precious metals, consisting of at least 500 parts per thousand, but less than 850 parts per thousand, pure platinum and less than 950 parts per thousand total platinum group metals.

The Consumer Product Safety Commission (CPSC or Commission) is issuing a notice of requirements that provides the criteria and process for Commission acceptance of accreditation of third party conformity assessment bodies for testing pursuant to specific CPSC regulations relating to full-size and non-full-size baby cribs. The Commission is issuing this notice of requirements pursuant to section 14(a)(3)(B)(vi) of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2063(a)(3)(B)(vi)).

Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA'') requires the United States Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ``substantially the same as'' applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is issuing safety standards for full-size and non-full-size baby cribs in response to the direction under section 104(b) of the CPSIA.\1\ Section 104(c) of the CPSIA specifies that the crib standards will cover used as well as new cribs. The crib standards will apply to anyone who manufactures, distributes, or contracts to sell a crib; to child care facilities, family child care homes, and others holding themselves out to be knowledgeable about cribs; to anyone who leases, sublets, or otherwise places a crib in the stream of commerce; and to owners and operators of places of public accommodation affecting commerce.

NCUA is issuing final amendments to its regulations covering several related subjects. The final rule documents and clarifies the fiduciary duties and responsibilities of Federal credit union (FCU) directors. The final rule amends NCUA's indemnification regulation limiting indemnification of FCU officials and employees for liability arising from improper decisions that affect the fundamental rights of credit union members, and makes conforming changes to the standard FCU and corporate credit union bylaws. In addition, the final rule adds new provisions establishing the procedures for insured credit unions merging into banks. The final rule also amends some of NCUA's existing regulatory procedures applicable to insured credit union mergers with other credit unions, conversions to mutual savings banks (MSBs), and termination of share insurance.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Model 747-200C, -200F, -400, -400D, and -400F series airplanes. That AD currently requires repetitive inspections for cracks in the overlapping (upper) skin of the upper fastener row of the lap joints of the fuselage skin in sections 41, 42, and 46; and related investigative and corrective actions, if necessary. This new AD expands the inspection area in the existing AD, and adds a modification of certain lap joints and certain post-repair inspections of the lap joints. Accomplishing the modification would end the repetitive inspections required by the existing AD for the length of lap joint that is modified. This AD results from a structural review of affected skin lap joints for widespread fatigue damage. We are issuing this AD to prevent fatigue cracking in certain lap joints, which could result in rapid depressurization of the airplane.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires repetitive inspections for cracking in the body skin around the aft corners of the nose wheel well; for certain airplanes, repetitive inspections for cracking in the skin splice plate at the aft corners of the nose wheel well; and related investigative and corrective actions if necessary. This AD also requires repetitive post-modification inspections for cracking in the body skin and the skin splice plate; for certain airplanes, an inspection for steel cross-shaped doublers on the larger aluminum doublers; and corrective action if necessary. This AD also requires repetitive surface high frequency eddy current (HFEC) inspections of a certain bulkhead outer chord, skin splice plate, and outer chord radius filler for cracking; repetitive detailed inspections for cracking of the bulkhead frame web and body skin; and corrective actions if necessary. This AD provides for optional terminating action for certain repetitive inspections. This AD was prompted by reports of cracking of the fuselage skin and adjacent internal skin splice plate at the left and right nose wheel well aft corners, and the outer chord of the body station (BS) 400 bulkhead. We are issuing this AD to detect and correct cracking of the fuselage skin or splice plate, which, together with cracking of the bulkhead outer chord, could result in large skin cracks and subsequent in-flight rapid decompression of the airplane.

This amendment supersedes an existing emergency airworthiness directive (EAD) for the specified Sikorsky model helicopters. The EAD requires inspecting the LITEF Attitude Heading and Reference System (AHRS) unit of the navigation system to determine if it is at a Mod Status ``18.'' If either AHRS unit is at Mod Status ``18,'' the EAD requires installing placards on the instrument panel to prohibit single pilot instrument flight rule (IFR) and single pilot night flight and reducing airspeeds to 120 knots indicated airspeed (KIAS) if both autopilots uncouple during instrument meteorological conditions (IMC) or night flight. The EAD also requires inserting minimum crew and airspeed limitations into the Limitations section of the applicable Rotorcraft Flight Manual (RFM) to limit the minimum flight crew to 2 pilots for night flight and IFR flight and to reduce airspeed to 120 KIAS if both autopilots uncouple during IMC or night flight. This amendment contains the same requirements but draws the appropriate distinctions between IFR and IMC as used in the intended operating limitations. Also, unlike the EAD, this AD states the airspeed must be reduced to 120 KIAS if both autopilots uncouple during IMC or night flight. Further, we are removing the limitation contained in the Active Temporary Revisions relating to pilots keeping their hands and feet near the flight controls. This AD was prompted by the need to supersede the EAD to state the distinction between IFR and IMC as used in the operating limitations and to reduce the airspeed to 120 KIAS if both autopilots uncouple during IMC or night flight. The actions specified by this AD are intended to implement operating limitations based on an anomaly in the AHRS related to the 26 volt AC inverter that could result in a decoupling of both autopilots and to prevent loss of control of the helicopter during IMC and during night flight.

We are adopting a new airworthiness directive (AD) for certain Model 737-600, -700, -700C, -800, and -900 series airplanes. This AD requires inspections for scribe lines in the fuselage skin at lap joints, the splice strap at certain butt joints, the skin or doubler at certain approved repair doublers, and the skin at decal locations; and related investigative and corrective actions if necessary. This AD results from reports of scribe line damage found adjacent to the skin lap joints, decals, and wing-to-body fairings. We are issuing this AD to detect and correct scribe lines, which can develop into fatigue cracks in the skin. Undetected fatigue cracks can grow and cause sudden decompression of the airplane.