2010 – Federal Register Recent Federal Regulation Documents

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Energy Conservation Program for Consumer Products: Test Procedures for Refrigerators, Refrigerator-Freezers, and Freezers
Document Number: 2010-30071
Type: Rule
Date: 2010-12-16
Agency: Department of Energy
On May 27, 2010, the U.S. Department of Energy (DOE) issued a notice of proposed rulemaking (NOPR) to amend the test procedures for refrigerators, refrigerator-freezers, and freezers. That proposed rulemaking serves as the basis for today's action. DOE is issuing a final rule regarding Appendix A1 and Appendix B1, and an interim final rule for Appendix A and Appendix B. The final rule amends the current procedures, incorporating changes that will take effect 30 days after the final rule publication date. These changes will be mandatory for product testing to demonstrate compliance with the current energy standards and for representations starting 180 days after publication. These changes, which will not affect measured energy use, include test procedures to account for refrigerator-freezers equipped with variable anti-sweat heater controls, establishing test procedures for refrigerator-freezers equipped with more than two compartments, making minor adjustments to eliminate any potential ambiguity regarding how to conduct tests, and clarifying certain reporting requirements. The interim final rule establishes amended test procedures for refrigerators, refrigerator-freezers, and freezers that would be required for measuring energy consumption once DOE promulgates new energy conservation standards for these products. These new standards are currently under development in a separate rulemaking activity and will apply to newly manufactured products starting in 2014. Today's action also discusses the treatment of combination wine storage-freezer products that were the subject of a recent test procedure waiver, energy use measurement round-off, and additional topics raised by stakeholders during the rulemaking's comment period. While the amended test procedures will be based largely on the test methodology used in the existing test procedures, they also include significant revisions with respect to the measurement of compartment temperatures and compartment volumes. These measurements will provide a more comprehensive accounting of energy usage by these products. The amended test procedure will modify the long-time automatic defrost test procedure to capture all energy use associated with the defrost cycle, establish a test procedure for products with a single compressor and multiple evaporators with active defrost cycles, incorporate into the energy use metric the energy use associated with icemaking for products with automatic icemakers, and clarify requirements on temperature control settings during testing.
Reader Aids
Document Number: FR-2010-12-15-ReaderAids
Type: Reader Aids
Date: 2010-12-15
Sunshine Act Meeting
Document Number: 2010-31645
Type: Notice
Date: 2010-12-15
Agency: Legal Services Corporation, Agencies and Commissions
Allocation of Assets in Single-Employer Plans; Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
Document Number: 2010-31616
Type: Rule
Date: 2010-12-15
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
This final rule amends Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans to prescribe interest assumptions under the benefit payments regulation for valuation dates in January 2011 and interest assumptions under the asset allocation regulation for valuation dates in the first quarter of 2011. Interest assumptions are also published on PBGC's Web site (https:// www.pbgc.gov).
Requirement of a Statement Disclosing Uncertain Tax Positions
Document Number: 2010-31576
Type: Rule
Date: 2010-12-15
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations allowing the IRS to require corporations to file a schedule disclosing uncertain tax positions related to the tax return as required by the IRS.
Privacy Act of 1974: New System of Records
Document Number: 2010-31555
Type: Notice
Date: 2010-12-15
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
Based on the comments it has received in response to its October 5, 2010 and November 15, 2010 notices for this new system of records, OPM/Central-15, Health Claims Data Warehouse, OPM has determined that it will publish a revised systems notice. The revised notice will provide more detailed information regarding OPM authorities for maintaining the system, systems security measures that will be taken to protect the records, and the circumstances under which records will be released from the system. OPM plans to publish the revised notice by January 31, 2011. Although the comment period for the initial systems notice is closed as of December 15, 2010, the public will be provided an opportunity to comment on the revised notice before the system becomes operational.
Intent To Request Approval From OMB of One New Public Collection of Information: Airport Federalization
Document Number: 2010-31532
Type: Notice
Date: 2010-12-15
Agency: Department of Homeland Security, Transportation Security Administration
The Transportation Security Administration (TSA) invites public comment on a new Information Collection Request (ICR) (abstracted below) that we will submit to the Office of Management and Budget (OMB) for approval in compliance with the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The collection involves the airport operator submitting a Statement of Interest (SOI) and a Federalization Request Letter (FRL) to request that TSA provide passenger and baggage screening services, that is, ``Federalization'' of an airport.
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Retention Standard; Emergency Rule
Document Number: 2010-31531
Type: Rule
Date: 2010-12-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is exempting, through this emergency rule, trawl catcher/ processor vessels (C/Ps) that are not specified in regulation as American Fisheries Act (AFA) vessels, referred to throughout this rule as non-AFA trawl C/Ps, and Amendment 80 cooperatives from the groundfish retention standard (GRS) in the Bering Sea and Aleutian Islands management area. The GRS was implemented to increase the retention and utilization of groundfish caught by the non-AFA trawl C/ Ps and to respond to bycatch reduction goals described in National Standard 9. NMFS recently discovered that the regulatory methodology used to calculate compliance with and to enforce the GRS percentages established for 2010 and 2011 effectively require the sector to meet GRS well above that considered by the North Pacific Fishery Management Council or that implemented by NMFS. As a result, the retention requirements are expected to impose significantly higher costs due to the increased level of retention and to generate an unanticipated level of noncompliance in the Amendment 80 fleet. Further, monitoring and enforcement of the GRS has proven far more complex, challenging, and potentially costly than anticipated by NMFS. This emergency rule is necessary to exempt non-AFA trawl C/Ps and Amendment 80 cooperatives from the regulatory provisions of the GRS program before the end of the 2010 fishing season and prior to the start of the 2011 fishing season. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area, and other applicable law.
Takes of Marine Mammals Incidental to Specified Activities; Columbia River Crossing Project, Washington and Oregon
Document Number: 2010-31528
Type: Notice
Date: 2010-12-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received a request from the Department of Transportation's Federal Transit Authority (FTA) and Federal Highway Administration (FHWA), on behalf of the Columbia River Crossing project (CRC), for authorization to take marine mammals incidental to bridge construction and demolition activities at the Columbia River and North Portland Harbor, Washington and Oregon, over the course of five years; approximately July 2013 through June 2018. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of CRC's request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on CRC's application and request.
Endangered Species; File No. 14400
Document Number: 2010-31520
Type: Notice
Date: 2010-12-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Channel Islands National Park, 1901 Spinnaker Drive, Ventura, CA 93001 [Responsible Party: Daniel Richards] has been issued a permit to take black abalone for purposes of scientific research and enhancement.
Endangered and Threatened Species; Take of Anadromous Fish
Document Number: 2010-31519
Type: Notice
Date: 2010-12-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS has received applications for scientific research from Thomas R. Payne and Associates (TRPA) in Arcata, CA (15542), the Glenn-Colusa Irrigation District (GCID) in Willows, CA (15573), the University of California at Davis (UC-Davis) in Davis, CA (15926), and Natural Resource Scientists, Incorporated (NRSI) in Red Bluff, CA (16083). These permits would affect the Federally endangered Sacramento River winter-run Chinook salmon and the threatened Central Valley spring-run Chinook salmon Evolutionarily Significant Units (ESUs), the Federally threatened Central Valley steelhead Distinct Population Segment (DPS), and the Federally threatened southern DPS of North American green sturgeon (southern DPS green sturgeon). This document serves to notify the public of the availability of the permit applications for review and comment.
Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Preliminary Results of Antidumping Duty Administrative Review
Document Number: 2010-31517
Type: Notice
Date: 2010-12-15
Agency: Department of Commerce, International Trade Administration
In response to requests by interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico. This administrative review covers mandatory respondents Mueller Comercial de Mexico, S. de R.L. de C.V. (Mueller) and Ternium Mexico, S.A. de C.V. (Ternium). Tuberia Nacional, S.A. de C.V. (TUNA) is subject to a concurrent changed circumstances review of this order; in its changed circumstances review, the Department has preliminarily determined that Lamina y Placa Comercial, S.A. de C.V. (Lamina) is the successor-in-interest to TUNA. See Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe and Tube from Mexico, 75 FR 67685 (November 3, 2010). Therefore, we are continuing to refer to this entity as TUNA for these preliminary results, pending a final determination. The period of review (POR) is November 1, 2008, through October 31, 2009. We preliminarily determine that sales of subject merchandise have been made at less than normal value (NV). One of the companies, Ternium, refused to cooperate with the Department in this administrative review. We have calculated a dumping margin for Mueller. We preliminarily determine that TUNA had no reviewable sales, shipments, or entries during the POR. The Department's review of import data supported TUNA's claim (see ``TUNA's No-Shipment Claim'' section of this notice for further explanation). Interested parties are invited to comment on these preliminary results.
Emergency Access Advisory Committee; Announcement of Establishment, and of Members and Co-Chairpersons, and Announcement of Date of First Meeting
Document Number: 2010-31513
Type: Notice
Date: 2010-12-15
Agency: Federal Communications Commission, Agencies and Commissions
This document announces the establishment, and appointment of members and Co-Chairpersons, of the Emergency Access Advisory Committee (``Committee'' or ``EAAC'') of the Federal Communications Commission (``Commission''). The Commission further announces the date of the Committee's first meeting.
Notice of Submission of Proposed Information Collection to OMB HUD Conditional Commitment/Direct Endorsement Statement of Appraised Value
Document Number: 2010-31511
Type: Notice
Date: 2010-12-15
Agency: Department of Housing and Urban Development
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The information is used by appraisers and/or underwriters upon their review of the appraisal report (USAR) to determine if a property meets FHA guidelines to be eligible for HUD mortgage insurance. Underwriters are required to sign and submit a copy of the completed form to HUD for endorsement as part of the case binder; to provide a copy to the homebuyer; and to maintain a copy for the mortgagee.
Notice of Submission of Proposed Information Collection to OMB; Notice of Proposed Information Collection for Public Comment; Mortgage Record Change
Document Number: 2010-31506
Type: Notice
Date: 2010-12-15
Agency: Department of Housing and Urban Development
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for emergency review and approval, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The Mortgage Record Change information is used by FHA-approved mortgagees to comply with HUD requirements for reporting the sale of a mortgage between investors and/or the transfer of the mortgage servicing responsibility, as appropriate.
Meeting of the United States-Oman Joint Forum on Environmental Cooperation Pursuant to the United States-Oman Memorandum of Understanding on Environmental Cooperation
Document Number: 2010-31504
Type: Notice
Date: 2010-12-15
Agency: Department of State
The Department of State is providing notice that the United States and Oman intend to hold a meeting of the U.S.-Oman Joint Forum on Environmental Cooperation (``Joint Forum'') in Muscat, Oman, on January 9, 2011, at a venue to be announced. The Governments created the Joint Forum in connection with the U.S.-Oman Memorandum of Understanding on Environmental Cooperation (``MOU''). If you are interested in attending, please email Abby Lindsay at LindsayA@state.gov for the specific time and place. See below under SUPPLEMENTARY INFORMATION for additional details on the background and purpose of the meeting. During the meeting, the U.S. and Oman will present a brief history of U.S.-Oman environmental cooperation, a review of activities under the 2006-2008 Work Program, presentations on selected activities, and presentation and signature of the 2011-2014 Plan of Action. The entire meeting will be open to the public and include public question and answer sessions. The Department of State invites interested organizations and members of the public to submit written comments or suggestions regarding items to include on the agenda and to attend the meeting. In preparing comments, we encourage submitters to refer to the following documents: U.S.-Oman Memorandum of Understanding on Environmental Cooperation, 2006-2008 Work Program Pursuant to the U.S.-Oman Memorandum of Understanding on Environmental Cooperation, Chapter 17 of the U.S.-Oman Free Trade Agreement, Final Environmental Review of the U.S.-Oman Free Trade Agreement. These documents are available at: https://www.state.gov/g/oes/env/ trade/oman/index.htm.
Notice of Proposed Information Collection Requests
Document Number: 2010-31503
Type: Notice
Date: 2010-12-15
Agency: Department of Education
The Department of Education (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public and helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Finding of No Significant Impact From the Expansion, Renovation, Operation and Maintenance of the Nogales Mariposa Commercial and Pedestrian Border Crossing
Document Number: 2010-31502
Type: Notice
Date: 2010-12-15
Agency: Bureau of Western Hemisphere Affairs, Department of State
The Department of State is publishing a Finding of No Significant Impact (FONSI) for the proposed expansion, renovation, operation and maintenance of the Nogales Mariposa Commercial and Pedestrian Border Crossing between Nogales, Arizona and Nogales, Sonora, Mexico.
Agency Information Collection Activities: Form N-336, Revision to an Existing Information Collection; Comment Request
Document Number: 2010-31501
Type: Notice
Date: 2010-12-15
Agency: Department of Homeland Security, U.S. Citizenship and Immigration Services
Agency Information Collection Activities: Extension of an Existing Information Collection; Comment Request
Document Number: 2010-31500
Type: Notice
Date: 2010-12-15
Agency: Department of Homeland Security, U.S. Citizenship and Immigration Services
Culturally Significant Objects Imported for Exhibition Determinations: “Thomas Lawrence: Regency Power and Brilliance”
Document Number: 2010-31499
Type: Notice
Date: 2010-12-15
Agency: Department of State
Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236-3 of August 28, 2000, I hereby determine that the objects to be included in the exhibition ``Thomas Lawrence: Regency Power and Brilliance,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Yale Center for British Art, New Haven, CT, from on or about February 24, 2011, until on or about June 5, 2011, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.
Notice of Public Meeting of the President's Emergency Plan for AIDS Relief (PEPFAR) Scientific Advisory Board
Document Number: 2010-31498
Type: Notice
Date: 2010-12-15
Agency: Department of State
In accordance with the Federal Advisory Committee Act (FACA), the PEPFAR Scientific Advisory Board hereinafter referred to as ``the Board,'' will meet as indicated below.
Farmer and Fisherman Income Averaging
Document Number: 2010-31497
Type: Rule
Date: 2010-12-15
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations relating to the averaging of farm and fishing income in computing income tax liability. The regulations reflect changes made by the American Jobs Creation Act of 2004 and the Tax Extenders and Alternative Minimum Tax Relief Act of 2008. The regulations provide guidance to individuals engaged in a farming or fishing business who elect to reduce their tax liability by treating all or a portion of the current taxable year's farm or fishing income as if one-third of it had been earned in each of the prior three taxable years.
Notice of Agreements Filed
Document Number: 2010-31496
Type: Notice
Date: 2010-12-15
Agency: Federal Maritime Commission, Agencies and Commissions
Certain Pasta From Italy: Preliminary Results of Countervailing Duty Changed Circumstances Review and Intent To Revoke, In Part
Document Number: 2010-31494
Type: Notice
Date: 2010-12-15
Agency: Department of Commerce, International Trade Administration
On September 17, 2010, the Department of Commerce (``the Department'') published a notice of initiation of a changed circumstances review and consideration of revocation, in part, of the countervailing duty order on certain pasta from Italy. See Certain Pasta From Italy: Notice of Initiation of Changed Circumstances Review and Consideration of Revocation of Order, in Part, 75 FR 56992 (September 17, 2010) (``Initiation Notice''). The Department confirmed that New World Pasta Company, Dakota Growers Pasta Company, and American Italian Pasta Company (collectively ``Petitioners'') have no interest in countervailing duty relief from imports of gluten-free pasta. Therefore, we are notifying the public of our intent to revoke, in part, the countervailing duty order as it relates to imports of gluten-free pasta, as described below. The Department invites interested parties to comment on these preliminary results.\1\
Notice of Request for Revision of a Currently Approved Information Collection
Document Number: 2010-31493
Type: Notice
Date: 2010-12-15
Agency: Department of Agriculture, Rural Business-Cooperative Service
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Business-Cooperative Service's intention to request an extension for a currently approved information collection in support of the Rural Business Investment Program.
Access to Confidential Business Information by Science Applications International Corporation and Its Identified Subcontractors
Document Number: 2010-31492
Type: Notice
Date: 2010-12-15
Agency: Environmental Protection Agency
EPA has authorized its contractor, Science Applications International Corporation (SAIC) of San Diego, CA, and Its Identified Subcontractors, to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).
Updated Statements of Legal Authority To Reflect Continuation of Emergency Declared in Executive Order 12938
Document Number: 2010-31488
Type: Rule
Date: 2010-12-15
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule updates the Code of Federal Regulations (CFR) legal authority citations for the Export Administration Regulations (EAR) to replace citations to the President's Notice of November 6, 2009, Continuation of Emergency Regarding Weapons of Mass Destruction, with citation to the President's Notice of November 4, 2010 on the same subject. This rule also updates the authority citation for one executive order to reflect the compilation of that executive order into title 3 of the CFR. BIS is making these changes to keep the CFR's legal authority citations for the EAR current.
Vehicular Digital Multimedia Evidence Recording System (VDMERS) Standard for Law Enforcement
Document Number: 2010-31486
Type: Notice
Date: 2010-12-15
Agency: Department of Justice, Office of Justice Programs, Justice Programs Office
In an effort to obtain comments from interested parties, the U.S. Department of Justice, Office of Justice Programs, National Institute of Justice (NIJ) will make available to the general public the draft ``Vehicular Digital Multimedia Evidence Recording System Standard for Law Enforcement.'' The opportunity to provide comments on this voluntary standard is open to industry technical representatives, law enforcement agencies and organizations, research, development and scientific communities, and all other stakeholders and interested parties. Those individuals wishing to obtain and provide comments on the draft standard under consideration are directed to the following Web site: https://www.justnet.org.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Confidentiality Rules (Renewal); EPA ICR No. 1665.10, OMB Control No. 2020-0003
Document Number: 2010-31481
Type: Notice
Date: 2010-12-15
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.
Draft NIJ Selection and Application Guide to Ballistic-Resistant Body Armor for Law Enforcement, Corrections, and Public Safety
Document Number: 2010-31473
Type: Notice
Date: 2010-12-15
Agency: Department of Justice, Office of Justice Programs, Justice Programs Office
In an effort to obtain comments from interested parties, the U.S. Department of Justice, Office of Justice Programs, National Institute of Justice (NIJ) will make available to the general public the draft ``NIJ Selection and Application Guide to Ballistic-Resistant Body Armor for Law Enforcement, Corrections, and Public Safety.'' The opportunity to provide comments on this document is open to industry technical representatives, criminal justice agencies and organizations, research, development and scientific communities, and all other stakeholders and interested parties. Those individuals wishing to obtain and provide comments on the draft document under consideration are directed to the following Web site: https://www.justnet.org.
Proposed Information Collection; Comment Request; Center for Economic Studies Research Proposal Process and Project Management
Document Number: 2010-31471
Type: Notice
Date: 2010-12-15
Agency: Census Bureau, Department of Commerce
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Record of Decision for the U.S. Marine Corps East Coast Basing of the F-35B Aircraft
Document Number: 2010-31469
Type: Notice
Date: 2010-12-15
Agency: Department of Defense, Department of the Navy, Navy Department
Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, 42 United States Code (U.S.C.) Section 4332(2)(c), the regulations of the Council on Environmental Quality (CEQ) for Implementing the Procedural Provisions of NEPA (40 Code of Federal Regulations [CFR] parts 1500-1508), the Department of the Navy (DoN) NEPA regulations (32 CFR part 775), and the Marine Corps Environmental Compliance and Protection Manual, which is Marine Corps Order P5090.2A with change 2 (MCO P5090.2A), the DoN announces its decision to base and operate 11 operational F-35B Joint Strike Fighter (JSF) squadrons (up to 16 aircraft per squadron, for a total of 176 aircraft) and one Pilot Training Center (PTC) (composed of two Fleet Replacement Squadrons [FRS]) (up to 20 aircraft per squadron, for a total of 40 aircraft) at two locations on the East Coast of the United States (U.S.). More specifically, the DoN has decided to implement Alternative 1, the Preferred Alternative, which includes basing three F-35B operational squadrons and the PTC at Marine Corps Air Station (MCAS) Beaufort in Beaufort, South Carolina, and eight operational squadrons at MCAS Cherry Point in Havelock, North Carolina. To support the basing action, the Marine Corps will: (1) Construct and/or renovate airfield facilities and infrastructure necessary to accommodate and maintain the F-35B squadrons; (2) change personnel to accommodate squadron staffing; and (3) conduct F-35B training operations to attain and maintain proficiency in the operational employment of the F-35B. The F-35B aircraft will replace 84 legacy Marine Corps F/A-18A/B/C/D Hornet and 68 AV-8B Harrier aircraft in the Second Marine Air Wing (2d MAW) and the 4th MAW. All practical means to avoid or minimize environmental impacts resulting from implementation of the Preferred Alternative have been adopted.
Record of Decision for the U.S. Marine Corps West Coast Basing of the F-35B Aircraft
Document Number: 2010-31468
Type: Notice
Date: 2010-12-15
Agency: Department of Defense, Department of the Navy, Navy Department
Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, 42 United States Code (U.S.C.) Section 4332(2)(c), the regulations of the Council on Environmental Quality (CEQ) for Implementing the Procedural Provisions of NEPA (40 Code of Federal Regulations [CFR] parts 1500-1508), the Department of the Navy (DoN) NEPA regulations (32 CFR part 775), and the Marine Corps Environmental Compliance and Protection Manual, which is Marine Corps Order P5090.2A with change 2 (MCO P5090.2A), the DoN announces its decision to base and operate 11 operational F-35B Joint Strike Fighter (JSF) squadrons (up to 16 aircraft per squadron, for a total of 176 aircraft), and 1 F-35B Operational Test and Evaluation (OT&E) squadron (8 aircraft) on the West Coast of the United States (U.S.). More specifically, the DoN has decided to implement Alternative 1, the Preferred Alternative, which includes basing six F-35B operational squadrons at Marine Corps Air Station (MCAS) Miramar in San Diego, California, and five operational squadrons plus one OT&E squadron at MCAS Yuma in Arizona. Each operational squadron will consist of up to 16 F-35B aircraft. To support the basing action, the DoN will: (1) Construct and/or renovate airfield facilities and infrastructure necessary to accommodate and maintain the F-35B squadrons; (2) change personnel to accommodate squadron staffing; and (3) conduct F-35B readiness and training operations to attain and maintain proficiency in the operational employment of the F-35B and special exercise operations. The Proposed Action also includes construction and operation of a new Auxiliary Landing Field (ALF) within the Goldwater Range, to accommodate Field Carrier Landing Practice for the F-35B. The F-35B aircraft will replace 126 legacy F/A-18A/B/C/D Hornet and 56 AV-8B Harrier aircraft in the Third Marine Air Wing (3D MAW) and 4th MAW. All practical means to avoid or minimize environmental impacts resulting from implementation of the Preferred Alternative have been adopted.
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