2010 – Federal Register Recent Federal Regulation Documents

The Food and Drug Administration (FDA) is amending the animal drug regulations by removing those portions that reflect approval of eight new animal drug applications (NADAs). In a notice published elsewhere in this issue of the Federal Register, FDA is withdrawing approval of these NADAs.

This document contains a correction to final regulations (TD 9340) thatwere published in the Federal Register on Thursday, July 26, 2007 (72 FR41128) providing updated guidance on section 403(b) contracts of public schools and tax-exemptorganizations described in section 501(c)(3). These regulations will affect sponsors of section403(b) contracts, administrators, participants, and beneficiaries.

EPA is proposing to approve amendments to the Ohio Administrative Code (OAC) relating to the consolidation of Ohio's Ambient Air Quality Standards (AAQS) into Ohio's State Implementation Plan (SIP) under the Clean Air Act. On April 8, 2009, and August 11, 2009, Ohio EPA adopted amendments to various rules in the OAC to consolidate the state's AAQS. On September 10, 2009, Ohio EPA requested from EPA approval of amendments to OAC with the intent to consolidate Ohio's AAQS into a single rule to provide greater accessibility for the regulated community and to the citizens of Ohio. EPA is proposing to approve the request because the revisions clarify the state's rules and thus better serve the purpose of providing for meeting these standards.

This proposed rule sets forth a competitive process for selecting grant recipients for the Retired and Service Volunteer Program (``RSVP''), including performance measurement requirements, as required by the Domestic Volunteer Service Act (DVSA), as amended by the Edward M. Kennedy Serve America Act (Serve America Act) of April 21, 2009.

This action proposes to amend Class E surface airspace, and airspace extending upward from 700 feet above the surface, and remove Class E airspace designated as an extension to Class D surface area at Vero Beach Municipal Airport, Vero Beach, FL. The Vero Beach Non- Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures (SIAPs) have been developed for the airport. This action would enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.

This action proposes to modify Class E airspace at Rawlins, WY. Decommissioning of the Sinclair Non-Directional Radio Beacon (NDB) at Rawlins MunicipalAirport/Harvey Field, has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

This action withdraws the NPRM published in the Federal Register on July 19, 2010, which proposed to establish Class E airspace at Upper Valley Connecticut Hospital, Colebrook, NH. The NPRM is being withdrawn as a portion of the proposed airspace already exists. A new rulemaking will be forthcoming to correctly establish the new airspace.

EPA is proposing to approve a request submitted by the Ohio Environmental Protection Agency on August 22, 2008, to revise the Ohio State Implementation Plan under the Clean Air Act. The State has submitted revisions to twelve rules and rescinded one rule in Ohio Administrative Code (OAC) Chapter 3745-17, ``Particulate Matter Standards.'' The revisions were submitted by Ohio EPA to satisfy the State's 5-year review requirements. The particulate matter (PM) standards contain the particulate emission control requirements that have been necessary to attain and maintain the 2006 National Ambient Air Quality Standards for PM in the State. EPA is proposing to approve the revisions to nine of the OAC 3745- 17 rules. EPA proposes approving only a portion of Rule 7, while not acting on the portion providing a partial exemption from opacity limits for a lime kiln in Woodville, Ohio. We are proposing to conditionally approve Rule 11 based on a commitment by Ohio to address EPA's concerns with the large item size exemptions. EPA is not acting on Rule 3, regarding opacity measurement methods. Lastly, EPA is proposing to approve the rescission of Rule 5 from the Ohio SIP.

The Commission is establishing a docket to address a recent Postal Service request for approval of a temporary waiver of rules requiring it to provide periodic reports on service performance for certain market dominant postal services. The Postal Service's request reflects the expectation that a transition period likely would be needed before full compliance with new reporting rules could be accomplished. This notice informs the public about the Postal Service's interest in obtaining a temporary waiver and invites comments that will inform the Commission's decision on the request.

In accordance with Section 765 (``Section 765'') of Title VII (``Title VII'') of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (``Dodd-Frank Act''), the Securities and Exchange Commission (``SEC'' or ``Commission'') is proposing Regulation MC under the Securities Exchange Act of 1934 (``Exchange Act'') for clearing agencies that clear security-based swaps (``security-based swap clearing agencies'') and for security-based swap execution facilities (``SB SEFs'') and national securities exchanges that post or make available for trading security-based swaps (``SBS exchanges''). Regulation MC is designed to mitigate potential conflicts of interest that could exist at these entities. Specifically, the Commission seeks to mitigate the potential conflicts of interest through conditions and structures relating to ownership, voting, and governance of security- based swap clearing agencies, SB SEFs, and SBS exchanges.

The Secretary amends the regulations, and establishes new regulations, for the High School Equivalency Program and College Assistance Migrant Program (HEP and CAMP); the Federal TRIO programs (TRIO programsTraining program for Federal TRIO programs (Training), Talent Search (TS), Educational Opportunity Centers (EOC), Upward Bound (UB), Student Support Services (SSS), and the Ronald E. McNair Postbaccalaureate Achievement (McNair) programs); and the Gaining Early Awareness and Readiness for Undergraduate (GEAR UP) program. The purpose of HEP is to help migrant and seasonal farmworkers and their immediate family members obtain a general educational development (GED) credential, while CAMP assists students from this background to complete their first academic year of college and continue in postsecondary education. The Federal TRIO programs consist of five postsecondary educational opportunity outreach and support programs designed to motivate and assist low-income individuals, first- generation college students, and individuals with disabilities to enter and complete secondary and postsecondary programs of study and enroll in graduate programs, and a training program for project staff working in one or more of the Federal TRIO programs. The purpose of the GEAR UP program is to increase the number of low-income students who are prepared to enter and succeed in postsecondary education. These regulations are needed to implement provisions of the Higher Education Act of 1965, as amended (HEA) by the Higher Education Opportunity Act of 2008 (HEOA) that relate to the HEP and CAMP, Federal TRIO programs, and GEAR UP program.

The State of New Mexico has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant Final Authorization to the State of New Mexico. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.

The Crop Assistance Program (CAP) will provide emergency assistance to reestablish the purchasing power of eligible producers of rice, cotton, soybeans, and sweet potatoes in specified counties for which a Secretarial disaster designation was issued based on excessive moisture and related conditions for the 2009 crop year. This rule specifies the eligibility requirements, payment calculations, and application procedures for CAP. CAP will provide up to $550 million to eligible producers. This rule also proposes a new information collection for the payment application.

The Securities and Exchange Commission published a document in the Federal Register of October 13, 2010, concerning Disclosure for Asset-Backed Securities Required by Section 943 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The document contained an incorrect reference to Sec. 249.1300. This correction is being published to correct the reference.

This interim rule amends the Defense Acquisition Regulation Supplement (DFARS) to conform to the Federal Acquisition Regulation (FAR) by providing Department of Defense (DoD)-specific policy and procedures related to the Electronic Subcontracting Reporting System (eSRS). The FAR has been revised to reflect use of the eSRS, rather than Standard Form 294Subcontract Report for Individual Contracts, and Standard Form 295Summary Subcontract Report, for submission of small business subcontract reports.

The National Oceanic and Atmospheric Administration (NOAA) proposes to amend the regulations for the Flower Garden Banks National Marine Sanctuary (FGBNMS or sanctuary) to improve vessel and user safety, protect sanctuary resources from user impacts, clarify vessel pollution discharge language, and make other technical changes and corrections.

The Nuclear Regulatory Commission (NRC) is publishing for public comment a notice of receipt of a petition for rulemaking, dated September 3, 2010, which was filed with the NRC by Anthony R. Pietrangelo on behalf of the Nuclear Energy Institute (NEI). The petition was docketed by the NRC on September 13, 2010, and has been assigned Docket No. PRM-26-5. The petitioner requests that the NRC amend its regulations regarding its fitness for duty programs to refine existing requirements based on experience gained since the regulations were last amended in 2008.

This action proposes to modify Class E Airspace at Charleston, WV, to accommodate the additional airspace needed for the holding pattern associated with the new Standard Instrument Approach Procedures (SIAPs) developed at Yeager Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Pekin Railroad Drawbridge across the Illinois Waterway, mile 151.2, Pekin, Illinois. The deviation is necessary to allow the replacement of lift cables and associated mechanisms on the lift span and allows the bridge to be maintained in the closed-to-navigation position during the deviation period.

Drawbridge operations for the Rob Roy Railroad Drawbridge across the Arkansas Waterway at Mile 67.4 at Pine Bluff, Arkansas. Vessel operators shall contact the remote drawbridge operator via microphone keying four times within in five seconds on VHF-FM Channel 12 when requesting a draw opening. This keying will activate an indicator on the remote drawbridge operator's console and send an acknowledgement tone back to the vessel. The remote drawbridge operator will then establish verbal radio communications with the vessel and operate the drawspan as normal.

This document proposes to amend the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (rating schedule) by updating the schedule of ratings for the hemic and lymphatic systems to include AL amyloidosis. This regulatory action is necessary to add AL amyloidosis as one of the disease conditions and establish criteria for disability evaluation to fully implement the decision by the Secretary of Veterans Affairs to grant presumptive service connection based on herbicide exposure for this disease. The intended effects are to provide consistency in disability ratings and to ease tracking of AL amyloidosis for statistical analysis.

The Department of Veterans Affairs (VA) published a document in the Federal Register on June 15, 2010 (75 FR 33704), amending its loan guaranty regulations to eliminate redundant regulations following the phase-in of a new electronic reporting system. At that time, we failed to update the cross-reference citations within the redesignated sections. This document corrects those sections by replacing the incorrect cross-reference citations with the updated, accurate cross- references. These nonsubstantive changes are made for clarity and accuracy.

This action proposes to establish Class E airspace at Benton, IL. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Benton Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.

The FAA is correcting an airworthiness directive (AD) that published in the Federal Register. That AD applies to the products listed above. The AD number, as shown in the PART 39AIRWORTHINESS DIRECTIVES section, is incorrect. This document corrects that error. In all other respects, the original document remains the same.

We are adopting a new airworthiness directive (AD) for the Eurocopter France Model AS 350 B, BA, B1, B2, B3, and D, and Model AS355 E, F, F1, F2, and N helicopters, with certain main rotor servo- controls and tail rotor servo-controls. This AD requires replacing all servo-controls that are identified in the Applicability section of this AD. This AD is prompted by an internal review conducted by the manufacturer which revealed that some main and tail rotor servo- controls do not conform to the approved design. The actions specified by this AD are intended to prevent the distributor slide valve jamming in its sleeve, leading to reduced controllability of the rotors and subsequent loss of control of the helicopter.