2010 – Federal Register Recent Federal Regulation Documents

This regulation establishes an exemption from the requirement of a tolerance for residues of homobrassinolide in or on all food commodities when applied/used as a plant growth regulator in accordance with good agricultural practices. Repar Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of homobrassinolide under the FFDCA.

The Department of Energy (DOE) is removing its regulation implementing the Governmentwide common rule on drug-free workplace requirements for financial assistance, currently located within Part 607 of Title 10 of the Code of Federal Regulations (CFR), and issuing a new regulation to adopt the Office of Management and Budget (OMB) guidance at 2 CFR part 182. This regulatory action implements the OMB's initiative to streamline and consolidate into one title of the CFR all federal regulations on drug-free workplace requirements for financial assistance. These changes constitute an administrative simplification that make no substantive change in DOE policy or procedures for drug- free workplace.

This document announces the date, time, and location of an additional outreach session concerning the Advance Notice of Proposed Rulemaking (ANPRM) for FTA's New Starts and Small Starts programs. Presentations delivered at the meeting will describe the provisions of the ANPRM issued by the Federal Transit Administration (FTA). Further outreach sessions, if scheduled, will be announced in a subsequent Federal Register notice.

The Coast Guard is establishing a temporary special local regulation in the Captain of the Port Detroit Zone on Lake St. Clair, Harrison Township, Michigan. This special local regulation is intended to restrict vessels from portions of Lake St. Clair during the Harrison Township Grand Prix. This special local regulation is necessary to protect spectators and vessels from the hazards associated with powerboat races.

The Securities and Exchange Commission (``Commission'') is reopening the period for public comment on a proposal to eliminate the flash order exception with respect to listed options from Rule 602 of Regulation NMS under the Securities Exchange Act of 1934 (``Exchange Act''). The proposal originally was published in Securities Exchange Act Release No. 60684 (September 18, 2009), 74 FR 48632 (September 23, 2009).

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 2 of the Federal Funding Accountability and Transparency Act of 2006, as amended by section 6202 of the Government Funding Transparency Act of 2008, which requires the Office of Management and Budget (OMB) to establish a free, public, website containing full disclosure of all Federal contract award information. This rule will require contractors to report executive compensation and first-tier subcontractor awards on contracts expected to be $25,000 or more, except classified contracts, and contracts with individuals.

This rule establishes the Commodity Credit Corporation (CCC) regulations for the Voluntary Public Access and Habitat Incentive Program (VPA-HIP). This is a new program authorized by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). The purpose of VPA-HIP is to provide grants to State and tribal governments to encourage owners and operators of privately-held farm, ranch, and forest land to voluntarily make that land available for access by the public for wildlife-dependent recreation, including hunting, fishing, and other compatible recreation and to improve fish and wildlife habitat on their land, under programs administered by State or tribal governments.

NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2010 total allowable catch (TAC) of Pacific ocean perch in the Western Regulatory Area of the GOA.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Model 747-100, 747-100B, 747- 100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP series airplanes. The existing AD requires repetitive inspections and torque checks of the hanger fittings and strut forward bulkhead of the forward engine mount and adjacent support structure, and visual inspections of the internal angle and external bulkhead chord and detailed inspection of internal angles, and corrective actions if necessary. The existing AD also provides for an optional inspection. This proposed AD would also require additional inspections of airplanes that have hi-lok bolts and collars at all of the Group B fastener locations, except fastener 13, and related investigative and corrective actions. This proposed AD would require repetitive inspections of the internal angle and corrective actions, if necessary. This proposed AD also would require, for certain airplanes, replacing the fasteners, which terminates certain repetitive inspections. This proposed AD results from the reports of undertorqued or loose fasteners, a cracked bulkhead chord, and a fractured back-up angle. We are proposing this AD to prevent loose fasteners and/or damaged or cracked hanger fittings, back-up angles, and bulkhead of the forward engine mount, which could lead to failure of the hanger fitting and bulkhead and consequent separation of the engine from the airplane.

The Coast Guard will establish special local regulations during the Mattaponi Madness Drag Boat Event, a series of power boat races to be held on the waters of the Mattaponi River, near Wakema, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the events. This action is intended to restrict vessel traffic during the power boat races on the Mattaponi River immediately adjacent to the Rainbow Acres Campground, located in King and Queen County, near Wakema, Virginia.

The Coast Guard proposes the establishment of a temporary safety zone covering specified waters of the Willamette River bounded by the Hawthorne Bridge to the north, Marquam Bridge to the south, and the shoreline to the east and west in support of the Oregon Symphony Celebration Fireworks Display, Portland, Oregon. The safety zone is necessary to help ensure the safety of the maritime public during the event and will do so by prohibiting all persons and vessels from entering the safety zone unless authorized by the Captain of the Port or his designated representative.

The Department of Homeland Security is giving concurrent notice of an updated and reissued system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security/ALL029 Civil Rights and Civil Liberties Records System of Records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

We are amending our rules to state that our agency is responsible for setting the time and place for a hearing before an administrative law judge (ALJ). This change creates a 3-year pilot program that will allow us to test this new authority. Our use of this authority, consistent with due process rights of claimants, may provide us with greater flexibility in scheduling both in-person and video hearings, lead to improved efficiency in our hearing process, and reduce the number of pending hearing requests. This change is a part of our broader commitment to maintaining a hearing process that results in accurate, high-quality decisions for claimants.

This amendment adopts a new airworthiness directive (AD) for the Aeronautical Accessories, Inc. (AAI) Low Skid Landing Gear Forward Crosstube (crosstube) installed on the specified helicopters. This action requires replacing certain AAI serial-numbered crosstubes installed on these model helicopters. This amendment is prompted by the discovery of a defect in the raw material used in manufacturing certain crosstubes. The actions specified in this AD are intended to prevent failure of a crosstube and subsequent collapse of the landing gear.

A final rule, published in the Federal Register April 1, 2010, establishing low altitude area navigation (RNAV) route T-284 for the Houston, TX, terminal area, is being withdrawn. As a result of Houston Area Air Traffic System (HAATS) Project, Phase 3C, program actions, the route is pending redesign and will be resubmitted for rulemaking at a future date.

This action will establish Class E airspace at Bryce Canyon, UT, to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) at Bryce Canyon Airport. This will improve the safety and management of Instrument Flight Rules (IFR) operations at the airport.

This action establishes VOR Federal Airway V-625 between the Nogales, AZ, VHF Omnidirectional Range/Tactical Air Navigation (VORTAC) and the ULAPI, AZ, intersection. Specifically, the FAA is taking this action to establish a coordination point to facilitate border crossing flights between Mexico and the United States.

The Farm Credit Administration (FCA or we) is considering the promulgation of Tier 1 and Tier 2 capital standards for Farm Credit System (FCS or System) institutions. The Tier 1/Tier 2 capital structure would be similar to the capital tiers delineated in the Basel Accord that the other Federal financial regulatory agencies have adopted for the banking organizations they regulate. We are seeking comments to facilitate the development of this regulatory capital framework, including new minimum risk-based and leverage ratio capital requirements that take into consideration both the System's cooperative structure of primarily wholesale banks owned by retail lender associations that are, in turn, owned by their member borrowers, and the System's status as a Government-sponsored enterprise.

EPA is finalizing a limited approval and limited disapproval of revisions to the Imperial County Air Pollution Control District (ICAPCD or the District) portion of the California State Implementation Plan (SIP) under the Clean Air Act as amended in 1990 (CAA or the Act). This action was proposed in the Federal Register on February 23, 2010 and concerns local rules that regulate coarse particulate matter (PM10) emissions from sources of fugitive dust such as construction sites, unpaved roads, and disturbed soils in open and agricultural areas in Imperial County.

This rule 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.

EPA issued a proposed rule in the Federal Register of May 6, 2010, concerning several revisions to the 2008 Lead Renovation, Repair, and Painting Program (RRP) rule. This document reopens the comment period for an additional 30 days.

We propose to adopt a new airworthiness directive (AD) for certain Model 727 airplanes. This proposed AD would require inspections for scribe lines in the fuselage skin at skin lap joints and butt joints, the skin at certain external approved repairs, the skin around external features such as antennas, and the skin at decals and fairings; and related investigative and corrective actions if necessary. This proposed AD results from reports of scribe lines found at skin lap joints and butt joints, around external repairs and antennas, and at locations where external decals had been cut. We are proposing this AD to detect and correct scribe lines, which can develop into fatigue cracks in the skin and cause rapid decompression of the airplane.

We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. This proposed 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: In June 2000, prompted by a crack found at the top of the NLG [nose landing gear] oleo, BAE Systems (Operations) Ltd issued Inspection Service Bulletin (SB) 32-158. This SB was classified mandatory by the UK [United Kingdom] Civil Aviation Authority under AD number 002-06-2000, requiring repetitive non- destructive testing (NDT) inspections for cracking on the upper end of the NLG oleo. The AD also provided an optional terminating action for the repetitive inspections, by embodiment of Messier-Dowty SB.146-32- 150. As part of a recent accident investigation, the examination of a fractured NLG main fitting showed that Messier-Dowty [M-D] SB.146-32- 150 had not been accomplished, although the records indicated that it had been. BAE Systems has determined that more NLG units could be similarly affected. These NLG units have been overhauled at Messier Services in Sterling, Virginia, in the United States. This condition, if not corrected, could result in NLG failure. Subsequently, investigation and analysis by M-D has identified the need for a reduction of the inspection threshold and the repetitive inspection interval for the affected NLG units and has replaced M-D SB 146-32-149 with M-D SB 146-32-174. The unsafe condition is cracking of the NLG, which could adversely affect the airplane's safe landing. The proposed

We propose to adopt a new airworthiness directive (AD) for certain Model DC-10-10, DC-10-10F, DC-10-30, DC-10-30F (KDC-10), DC-10- 40, and DC-10-40F airplanes. This proposed AD would require installing a support bracket and coupler on the left and right wing-to-fuselage transition, and metallic overbraid on the left and right leading edge wire assembly. This proposed AD results from fuel system reviews conducted by the manufacturer, as well as reports that the fuel quantity system was affected by lightning-induced transients. We are proposing this AD to prevent lightning-induced transients to the fuel quantity indication system, which could cause voltage levels to go beyond original design levels between fuel tank probes and structure, and become a potential ignition source at the fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

NMFS is extending the emergency action to increase the 2010 black sea bass specifications (i.e., commercial fishing quota, recreational harvest limit, and research set-aside (RSA) quota) implemented on February 10, 2010, for the remainder of the 2010 fishing year, which ends on December 31, 2010. This emergency rule extension is necessary to ensure that the revised specifications remain in place for the remainder of the 2010 fishing year. Extending the increase to the 2010 black sea bass total allowable landings (TAL) will prevent disruption to the black sea bass fisheries and foregone economic opportunities that would result if the emergency action is allowed to lapse.