2010 – Federal Register Recent Federal Regulation Documents

The FDIC proposes to revise the assessment system applicable to large insured depository institutions (IDIs or institutions) to better differentiate IDIs and take a more forward-looking view of risk; to better take into account the losses that the FDIC may incur if such an IDI fails; and to make technical and other changes to the rules governing the risk-based assessment system, including proposed changes to the assessment base necessitated by the Dodd-Frank Wall Street Reform and Consumer Protection Act.

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:

The U.S. Department of Energy (DOE) proposes to revise its test procedures for fluorescent lamp ballasts established under the Energy Policy and Conservation Act. The proposed test method would eliminate the use of photometric measurements in favor of purely electrical measurements with the goal of reducing measurement variation. Furthermore, this proposed test procedure would measure a new metric, ballast luminous efficiency (BLE), which more directly assesses the electrical losses in a ballast compared to the existing ballast efficacy factor (BEF) metric. Rather than testing a ballast with a resistive load as proposed in the March 24, 2010 notice of proposed rulemaking (NOPR), the BLE test procedure would measure the performance of a ballast while operating a fluorescent lamp.

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:

The Food Safety and Inspection Service (FSIS) is establishing January 1, 2014, as the uniform compliance date for new meat and poultry product labeling regulations that are issued between January 1, 2011, and December 31, 2012. FSIS periodically announces uniform compliance dates for new meat and poultry product labeling regulations to minimize the economic impact of label changes.

The Nuclear Regulatory Commission (NRC) has received a petition for rulemaking (PRM) dated August 17, 2010, submitted by Erik Erb (the Petitioner) and 91 co-signers. The petition was docketed by the NRC on September 17, 2010, and has been assigned PRM-26-6. The petitioner requests that the NRC amend its regulations to decrease the minimum days off (MDO) requirement for security officers working 12- hour shifts from an average of 3 days per week to 2.5 or 2 days per week. The NRC is also requesting public comments on the PRM.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires a one-time visual inspection of the No. 3 bearing oil pressure tube, part number (P/N) 51J041-01, P/N 50J604-01, or P/N 50J924-01. Tubes that are found cracked or repaired must be removed from service. This AD also prohibits repaired tubes from being installed. This AD results from one report of a repaired No. 3 bearing oil tube that caused an engine in-flight shutdown, seven reports of repaired No. 3 bearing oil pressure tubes found cracked that led to unscheduled engine removals, and one report of a test cell event from a repaired tube that cracked. We are issuing this AD to prevent cracking of No. 3 bearing oil pressure tubes, which could result in internal oil fire, failure of the high-pressure turbine (HPT) disks, uncontained engine failure, and damage to the airplane.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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 Employment and Training Administration (ETA) of the Department of Labor (Department) issues this notice of proposed rulemaking (NPRM) to seek feedback on a potential additional performance measure for volunteer work in the Senior Community Service Employment Program (SCSEP). Specifically, this rule proposes to amend regulations concerning performance accountability under title V of the Older American Act and corresponding definitions. These regulations provide administrative and programmatic guidance and requirements for the implementation of the SCSEP.

This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.

OSHA is informing the public of a collection of information requirement contained in the Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Surface Transportation Assistance Act of 1982 interim final rule, published August 31, 2010. This clarification notice informs the public about the means by which to comment on this collection of information requirement prior to OSHA's submission of an information collection request (ICR) extension to the Office of Management and Budget (OMB) for approval under the Paperwork Reduction Act of 1995.

OSHA is informing the public of a collection of information requirement contained in the Procedures for the Handling of Retaliation Complaints Under Section 219 of the Consumer Product Safety Improvement Act of 2008 interim final rule, published August 31, 2010. This clarification notice informs the public about the means by which to comment on this collection of information requirement prior to OSHA's submission of an information collection request (ICR) extension to the Office of Management and Budget (OMB) for approval under the Paperwork Reduction Act of 1995.

The Natural Resources Conservation Service (NRCS), an agency of the United States Department of Agriculture (USDA), is issuing a final rule for the Wildlife Habitat Incentive Program (WHIP). This final rule sets forth how NRCS, using the funds, facilities, and authorities of the Commodity Credit Corporation (CCC), will implement WHIP in response to changes made by the Food, Conservation, and Energy Act of 2008 (2008 Act). NRCS published an interim final rule with request for comment in the Federal Register on January 16, 2009, an amendment was published on March 12, 2009, with a request for public comment, and another amendment was published on July 15, 2009, with a request for public comment. NRCS is publishing a final rule that addresses the comments received on the interim final rule and to clarify policies to improve program implementation.

Pursuant to the USA PATRIOT Improvement and Reauthorization Act of 2005, the Department of Justice promulgated a final rule to implement certification procedures for States seeking to qualify for the special federal habeas corpus review procedures in capital cases. A Federal district court issued an injunction requiring the Department to provide an additional public comment period and publish a response to any comments received during that period. The Department then solicited further public comments. By this rule, the Department is removing the December 11, 2008 regulations. The Department will issue new regulations on this subject by separate rulemaking.

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is proposing to adopt regulations that would establish the process for registering swap dealers (``SDs'') and major swap participants (``MSPs,'' and collectively with SDs, ``swaps entities''). The proposed regulations also would require swaps entities to become members of the National Futures Association (``NFA'') and to confirm that persons associated with them are not subject to a statutory disqualification under the Commodity Exchange Act (``CEA'') (``Proposal''). The Commission is making the Proposal in accordance with Section 4s of the CEA, which was recently added to the CEA by the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'').

The Commodity Futures Trading Commission (Commission or CFTC) is proposing rules to implement new statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The proposed regulations establish conflicts of interest requirements for swap dealers (SDs) and major swap participants (MSPs) for the purpose of ensuring that such persons implement adequate policies and procedures in compliance with the Commodity Exchange Act (CEA), as amended by the Dodd-Frank Act.

The Federal Communications Commission (FCC) seeks comment on technical rules for the Fixed-Satellite Service in the 37.5-42.5 GHz band. The purpose of this proceeding is to ensure that satellite operators in this band can share the band with terrestrial fixed microwave services without causing harmful interference.

NMFS is prohibiting retention of Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). NMFS is requiring that catch of Pacific cod in this area be treated in the same manner as prohibited species and discarded at sea with a minimum of injury. This action is necessary because the 2010 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component in this area has been reached.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplementary new animal drug application (NADA) filed by Boehringer Ingelheim Vetmedica, Inc. The supplement provides for minor revisions to labeling.

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the S433 bridge over Bayou Liberty, mile 2.0, St. Tammany Parish, Slidell, LA. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. It will allow the bridge to remain unmanned during most of the day by requiring a two-hour notice for an opening of the draw. This deviation will be in conjunction with a Notice of Proposed Rulemaking to make this deviation permanent.

The Federal Financial Institutions Examination Council (Council or FFIEC), on behalf of its members, is amending its Freedom of Information Act (FOIA) regulations. Among other things, this final rule revises the procedures to be used by members of the public in requesting records maintained by the Council, the time limits in which the Council must make a determination on disclosure in response to a request for records, and the time period in which a requester has the right to administratively appeal any adverse determination made on a request for records, and provides procedures to be used to request expedited processing of FOIA requests.

EPA is partially approving State Implementation Plan (SIP) revisions submitted by the State of Colorado on June 18, 2009. Specifically, EPA is approving the portions of the ``State of Colorado Implementation Plan to Meet the Requirements of Clean Air Act (CAA) Section 110(a)(2)(D)(i)(I)Interstate Transport Regarding the 1997 8- Hour Ozone Standard'' addressing the ``interference with maintenance'' requirement of section 110(a)(2)(D)(i)(I) for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) by any other state. The ``interference with maintenance'' requirement of section 110(a)(2)(D)(i)(I) prohibits a state's emissions from interfering with maintenance of the NAAQS by any other state. This action is being taken under section 110 of the CAA.

EPA is proposing to approve in part and disapprove in part State implementation plan (SIP) revisions submitted by the State of California to provide for attainment of the 1997 annual and 24-hour PM2.5 national ambient air quality standard (NAAQS) in the Los Angeles-South Coast Air Basin area (South Coast nonattainment area). The submitted SIP revisions are contained in the South Coast 2007 Air Quality Management Plan (South Coast 2007 AQMP) and portions of the 2007 State Strategy as revised in 2009. Specifically, EPA is proposing to approve the emissions inventories as meeting the requirements of the Clean Air Act (CAA) and EPA's fine particulate implementing regulations. EPA is also proposing to approve commitments to propose specific measures and meet specific aggregate emissions reductions by the South Coast Air Quality Management (District) and the California Air Resources Board (CARB) because the commitments strengthen the SIP. Finally, EPA is proposing to approve the air quality modeling demonstration as meeting the requirements of the CAA and EPA guidance. EPA is proposing to disapprove the attainment demonstration because it does not provide sufficient emissions reductions from adopted and EPA approved measures to provide for attainment of the NAAQS. As a result, EPA is also proposing to disapprove the reasonably available control measures/reasonably available control technology (RACM/RACT) and reasonable further progress (RFP) demonstrations and proposing not to grant California's request to extend to April 5, 2015 the deadline for the South Coast nonattainment area to attain the 1997 PM2.5 NAAQS because these requirements are linked to approving the attainment demonstration under the 1997 PM2.5 implementation rule. We are also proposing to disapprove the assignment of 10 tpd of NOX to the federal government. Finally, EPA is proposing to disapprove PM2.5 contingency measures and the motor vehicle emissions budgets (budgets) for the area's RFP years and attainment year. To the extent that the State can remedy the shortfall in emissions reductions for the attainment demonstration, which is the basis for the proposed disapproval of the attainment demonstration, EPA believes that many of the noted deficiencies could be addressed.

This document corrects a technical error that appeared in the proposed rule entitled ``Medicare Program; Proposed Changes to the Medicare Advantage and the Medicare Prescription Drug Benefit Programs for Contract Year 2012 and Other Proposed Changes'' which was filed for public inspection on November 10, 2010.