2010 – Federal Register Recent Federal Regulation Documents

The Department of the Treasury's Office of Foreign Assets Control (``OFAC'') is implementing Executive Order 13350 of July 29, 2004, which terminated the national emergency declared with respect to Iraq in Executive Order 12722 of August 2, 1990, and revoked that and subsequent Executive orders, by removing the Iraqi Sanctions Regulations from the Code of Federal Regulations.

DHS is proposing to amend multiple sections of the Homeland Security Acquisition Regulation (HSAR) to align existing content with the Federal Acquisition Regulation (FAR); to implement Section 695 of the Post-Katrina Emergency Management Reform Act of 2006; to clarify agency acquisition regulations; and to provide editorial corrections. The HSAR Part 3006 proposed amendment reflects the necessary implementation for the statutory change restricting the length of certain noncompetitive contracts entered into by the Department of Homeland Security to facilitate the response to or recovery from a natural disaster, act of terrorism, or other man-made disaster.

EPA is taking final action to promulgate amendments to the General Provisions to allow accredited providers to supply stationary source audit samples and to require sources to obtain and use these samples from the accredited providers instead of from EPA, as is the current practice. All requirements pertaining to the audit samples have been moved to the General Provisions and have been removed from the test methods because the current language in the test methods regarding audit samples is inconsistent from method to method. Therefore, deleting all references to audit samples in the test methods eliminates any possible confusion and inconsistencies. Under this final rule, the requirement to use an audit sample during a compliance test will apply to all test methods for which a commercially available audit exists.

The National Indian Gaming Commission (``NIGC'') announces the extension of the effective date on the final rule for Minimum Internal Control Standards for Class II Gaming. The final rule was published in the Federal Register on October 10, 2008 (73 FR 60492). The Commission is changing the effective date for the amendments to Sec. Sec. 542.7 and 542.16 (and their renumbering as Sec. Sec. 543.7 and 543.16), as well as the date for operations to implement tribal internal controls found in Sec. 543.3(c)(3) to October 13, 2011, in order to extend the transition time, allow the new Commission time to thoroughly review the rule, and to receive comment on whether the rule should be amended in whole or in part.

This final rule establishes procedures that the Agricultural Marketing Service (AMS) will use in conducting a referendum to determine whether egg producers favor increasing the assessment they pay to the American Egg Board (AEB) from a rate of 10 cents per 30- dozen case of commercial eggs to 15 cents per case. An amendment to increase the assessment rate in the Egg Research and Promotion Order (Order) will be implemented if it is approved by two-thirds of the egg producers voting in the referendum or by a majority of producers voting if they produced two-thirds of the eggs produced by all voters. These procedures will also be used for subsequent referenda. AEB, which administers the Order, recommended this action to sustain and expand its national promotion, research, and consumer information program.

NMFS is opening directed fishing for northern rockfish in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2010 total allowable catch (TAC) of northern rockfish in the BSAI.

NMFS is prohibiting directed fishing for pollock in Statistical Area 620 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2010 total allowable catch (TAC) of pollock for Statistical Area 620 in the GOA.

In this document, the Commission's Wireline Competition and Wireless Telecommunications Bureaus (collectively, the Bureaus) seek comment on two issues in the open Internet proceeding that merit further development. The first issue is the relationship between open Internet protections and services that are provided over the same last- mile facilities as broadband Internet access service (commonly called ``managed'' or ``specialized'' services). The second is the application of open Internet rules to mobile wireless Internet access services, which have unique characteristics related to technology, associated application and device markets, and consumer usage. The intended effect is to develop a more detailed record in the Open Internet proceeding.

The Coast Guard is establishing a temporary safety zone for waters of the Upper Mississippi River, Mile 212.0 to 214.5, extending West of Portage Island to the right descending bank of the river. This safety zone is needed to protect persons and vessels from safety hazards associated with a high speed boat race and land based fireworks display occurring on the Upper Mississippi River. Entry into this zone is prohibited unless specifically authorized by the Captain of the Port Upper Mississippi River or a designated representative.

The Securities and Exchange Commission is today publishing a list of rules to be reviewed pursuant to Section 610 of the Regulatory Flexibility Act. The list is published to provide the public with notice that these rules are scheduled for review by the agency and to invite public comment on them.

EPA is finalizing the update of the Outer Continental Shelf (``OCS'') Air Regulations proposed in the Federal Register on December 21, 2009. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act, as amended in 1990 (``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the South Coast Air Quality Management District (``South Coast AQMD'' or ``District'') is the designated COA. The intended effect of approving the OCS requirements for the South Coast AQMD is to regulate emissions from OCS sources in accordance with the requirements onshore.

The Federal Trade Commission (the ``Commission'' or ``FTC'') is giving notice that there will be no increase in the fees charged to entities accessing the National Do Not Call Registry (the ``Registry'') for fiscal year 2011.

This document contains proposed 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. This document also provides notice of a public hearing on these proposed regulations.

NOAA Fisheries announces three inseason actions in the ocean salmon fisheries. Inseason actions 9 and 11 modified the commercial fishery in the area from U.S./Canada Border to Cape Falcon, Oregon. Inseason action 10 modified the recreational fishery in the areas from U.S. Canada Border to Cape Alava (Neah Bay Subarea), Cape Alava to Queets River (La Push Subarea), and Queets River to Leadbetter Point (Westport Subarea).

The Environmental Protection Agency (EPA) Region 8 is publishing a direct final Notice of Partial Deletion of the Denver Radium Superfund Site (Site). Specifically, EPA intends to delete from the National Priorities List (NPL) each of the 11 operable units at the Denver Radium Site, located in the City and County of Denver, Colorado. Groundwater contamination associated with Operable Unit 8 will remain on the NPL. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final partial deletion is being published by EPA with the concurrence of the State of Colorado, through the Colorado Department of Public Health and Environment, because EPA has determined that all appropriate response actions at these identified parcels under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this partial deletion does not preclude future actions under Superfund. This partial deletion pertains to each of the 11 operable units of the Denver Radium Superfund Site. Groundwater contamination associated with Operable Unit 8 will remain on the NPL and is not being considered for deletion as part of this action.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Jemez Mountains salamander (Plethodon neomexicanus) as an endangered or threatened species and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that listing the Jemez Mountains salamander as endangered or threatened throughout its range is warranted. Currently, however, listing the Jemez Mountains salamander is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add the Jemez Mountains salamander to our candidate species list. We will develop a proposed rule to list the Jemez Mountains salamander as our priorities allow. We will make any determination on critical habitat during development of the proposed rule. In the interim period, we will address the status of the candidate taxon through our annual Candidate Notice of Review (CNOR).

The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the US70 (Alfred C. Cunningham) Bridge across Trent River, mile 0.0, at New Bern, NC, to accommodate a Bridge Run. This deviation allows the drawbridge to be maintained in the closed position to vessels at specific date and times.

The National Telecommunications and Information Administration (NTIA) hereby makes certain changes to its regulations, which relate to the public availability of the Manual of Regulations and Procedures for Federal Radio Frequency Management (NTIA Manual). Specifically, NTIA updates the version of the Manual of Regulations and Procedures for Federal Radio Frequency Management with which federal agencies must comply when requesting use of the radio frequency spectrum.

The Commodity Futures Trading Commission (Commission or CFTC) is proposing changes to its regulations as they affect certain commodity pool operators (CPOs) of commodity pools whose units of participation are listed and traded on a national securities exchange (Proposal). Specifically, the Proposal would codify the relief from certain disclosure, reporting and recordkeeping requirements that Commission staff previously has issued on a case-by-case basis to these CPOs. In addition, the Proposal would provide relief from the CPO registration requirement for certain independent directors or trustees of actively-managed commodity pools.

The EPA has determined that the Baton Rouge (BR) moderate 8- hour ozone nonattainment area has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based upon complete, quality assured, certified ambient air monitoring data that show the area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2006-2008 and 2007-2009 monitoring periods. Preliminary data available for 2010 is consistent with continued attainment. Under the provisions of EPA's 8-hour ozone implementation rule, as a consequence of this determination the requirements for this area to submit an attainment demonstration, a reasonable further progress plan, contingency measures, and other planning State Implementation Plan (SIP) requirements related to attainment of the 1997 8-hour ozone NAAQS, are suspended for so long as the area continues to attain the 1997 8-hour ozone NAAQS.

EPA is approving a request submitted by the Minnesota Pollution Control Agency (MPCA) on June 16, 2010, to revise the Minnesota State Implementation Plan (SIP) for carbon monoxide (CO) under the Clean Air Act (CAA). The State has submitted a limited maintenance plan for CO showing continued attainment of the CO National Ambient Air Quality Standard (NAAQS) in the Minneapolis-St. Paul (Twin Cities) area. The one hour CO NAAQS and eight hour CO NAAQS are 35 parts per million (ppm), and 9 ppm, respectively. This limited maintenance plan satisfies section 175A of the CAA, and is in accordance with EPA's October 29, 1999, approval of the State's redesignation request and maintenance plan for the Twin Cities area. Additionally, this limited maintenance plan for CO satisfies the requirements contained in the October 6, 1995, EPA memorandum entitled ``Limited Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas.''

This establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The U.S. Department of Energy (DOE) previously published a notice of proposed rulemaking to adopt test procedures for measuring the energy consumption of walk-in coolers and walk-in freezers, pursuant to the Energy Policy and Conservation Act (EPCA), as amended. DOE is continuing to consider those proposals, but is now soliciting comments on several alternative proposed options. Once any final test procedure is effective, any representation as to the energy use of walk-in equipment must reflect the results of testing that equipment using the test procedure. Concurrently, DOE is undertaking an energy conservation standards rulemaking for this equipment. If DOE receives data in this test procedure rulemaking that are pertinent to the development of standards, it will use that data in evaluating potential standards for this equipment. Once these standards are promulgated, the adopted test procedures will be used to determine compliance with the standards.