2010 – Federal Register Recent Federal Regulation Documents

NMFS issues this final rule to implement the Comprehensive Ecosystem-Based Amendment 1 (CE-BA1) to the following South Atlantic fishery management plans (FMPs): The FMP for Coral, Coral reefs, and Live/Hard Bottom Habitats of the South Atlantic Region (Coral FMP); the FMP for the Dolphin and Wahoo Fishery off the Atlantic States (Dolphin and Wahoo FMP); the FMP for Golden Crab of the South Atlantic Region (Golden Crab FMP); the FMP for the Shrimp Fishery of the South Atlantic Region (Shrimp FMP); and the FMP for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council); as well as the FMP for Coastal Migratory Pelagic (CMP) Resources (CMP FMP); and the FMP for the Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic (Spiny Lobster FMP), as prepared and submitted by the South Atlantic and Gulf of Mexico Fishery Management Councils. This final rule establishes Deepwater Coral Habitat Areas of Particular Concern (Deepwater Coral HAPCs) off the coast of the southern Atlantic states in which the use of specified fishing gear and methods and the possession of coral is prohibited. Within the Deepwater Coral HAPCs, fishing zones have been established that allow continued fishing on the historical grounds for golden crab and deepwater shrimp. This rule protects what is thought to be the largest distribution of pristine deepwater coral ecosystems in the world while minimizing the effects on traditional fishing in the Deepwater Coral HAPCs. Additionally, the amendment updates existing Essential Fish Habitat (EFH) information in

We, the U.S. Fish and Wildlife Service, propose to revise designated critical habitat for the Pecos assiminea (Assiminea pecos), and to newly designate critical habitat for the Roswell springsnail (Pyrgulopsis roswellensis), Koster's springsnail (Juturnia kosteri), and Noel's amphipod (Gammarus desperatus), under the Endangered Species Act of 1973, as amended. In total, we are proposing to designate as critical habitat approximately 515 acres (208.4 hectares) for the four species. The proposed critical habitat is located in Chaves County, New Mexico, and Pecos and Reeves Counties, Texas. We also announce the availability of the draft economic analysis and draft environmental assessment for this action.

In May 2010, NMFS finalized 2010 specifications for the Atlantic deep-sea red crab fishery, including a target total allowable catch (TAC) and a fleet-wide days-at-sea (DAS) allocation. However, the implementing regulations for the Atlantic Deep-Sea Red Crab Fishery Management Plan (FMP) allow NMFS to make an in-season adjustment to the specifications, after consulting with the New England Fishery Management Council (Council). The intent of this rulemaking is to adjust the target TAC and corresponding fleet DAS allocation equivalent to the revised recommendation by Council's Scientific and Statistical Committee (SSC).

OSHA invites interested parties to participate in two stakeholder meetings on Injury and Illness Prevention Programs, in addition to those meetings announced on May 4, 2010. OSHA recently conducted two stakeholder meetings in East Brunswick, NJ, on June 3, 2010, and in Dallas, TX, on June 10, 2010. OSHA has closed registration on a third meeting in Washington, DC, to be held on June 29, 2010. More stakeholders expressed interest in participating in the Washington, DC meeting than could be accommodated. Therefore, OSHA is issuing this notice to announce an additional meeting in Washington, DC, as well as a meeting in Sacramento, CA. OSHA plans to use the information gathered at these meetings in developing an Injury and Illness Prevention Program proposed rule. The discussions will be informal and will provide the Agency with the necessary information to develop a rule that will help employers reduce workplace injuries and illnesses

The Coast Guard is establishing two temporary safety zones on Muskegon Lake near Muskegon, Michigan. These zones are intended to restrict vessels from two portions of Muskegon Lake due to the 2010 Muskegon Summer Celebration Air Show. These temporary safety zones are necessary to protect the surrounding public and vessels from the hazards associated with an air show.

The Stena Drilling and Cianbro companies will replace three bow thrusters on the vessel STENA FORTH, a 748-foot drill ship, while at anchor in Penobscot Bay, Maine. The nature of the repairs require water depths of at least 120 feet in a sheltered environment, precluding the use of anchorages and limiting alternative locations along the East Coast where the repairs could be made. This temporary safety zone is necessary to ensure the safety of the ship's crew and the maritime public by prohibiting all unauthorized vessels and waterway users from entering within a 100 yard radius around the STENA FORTH while it is at anchor for repairs.

This final rule amends regulations of the Bureau of Economic Analysis, Department of Commerce (BEA) to set forth the reporting requirements for the BE-180, Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons. The BE-180 replaces a similar but more limited survey, the BE- 80, Benchmark Survey of Financial Services Transactions Between U.S. Financial Services Providers and Unaffiliated Foreign Persons. The agency form number and survey title are being changed because the survey will include the collection of data on transactions with affiliated foreigners and unaffiliated foreigners using the same survey instrument. The BE-180 survey will be conducted once every five years beginning with fiscal year 2009.

This document summarizes the Third Further Notice of Proposed Rulemaking portion of the Third Report and Order and Third Further Notice of Proposed Rulemaking, which portion seeks comment on adopting a new 800 MHz band plan for the U.S. Virgin Islands.

The EPA proposes to determine that the Sandpoint nonattainment area in Idaho attains the National Ambient Air Quality Standard for particulate matter with an aerodynamic diameter of less than or equal to a nominal ten micrometers (PM10).

The Department of Agriculture (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA) is proposing to add several new sections to the regulations under the Packers and Stockyards Act, 1921, as amended and supplemented (P&S Act).

The Postal Service is revising the Mailing Standards of the United States Postal Service, International Mail Manual (IMM[supreg]) 136.4, pertaining to the mailing of tobacco cigarettes and smokeless tobacco. These provisions implement specific requirements of the Prevent All Cigarette Trafficking (PACT) Act, which restricts the mailability of cigarettes and smokeless tobacco.

Based on its review of the air quality criteria for oxides of sulfur and the primary national ambient air quality standard (NAAQS) for oxides of sulfur as measured by sulfur dioxide (SO2), EPA is revising the primary SO2 NAAQS to provide requisite protection of public health with an adequate margin of safety. Specifically, EPA is establishing a new 1-hour SO2 standard at a level of 75 parts per billion (ppb), based on the 3-year average of the annual 99th percentile of 1-hour daily maximum concentrations. The EPA is also revoking both the existing 24-hour and annual primary SO2 standards.

We propose to adopt a new airworthiness directive (AD) for all Robert E. Rust, Jr. Model DeHavilland DH.C1 Chipmunk 21, DH.C1 Chipmunk 22, and DH.C1 Chipmunk 22A airplanes. This proposed AD would require a one-time inspection of the flap operating system for an unauthorized latch plate design installation. This proposed AD results from a report of a latch plate failing in service that was not made in accordance with the applicable de Havilland drawing. We are proposing this AD to detect and correct unauthorized latch plate design installation, which could result in an un-commanded retraction of the flaps. This failure could lead to a stall during a landing approach.

On behalf of the President's Pay Agent, the U.S. Office of Personnel Management is issuing final regulations on the locality pay program for General Schedule employees. Originally published on September 28, 2009, as an interim rule with a request for comments, the regulations moved the McGuire Air Force Base, NJ, and Fort Dix, NJ, Philadelphia locality pay area portions of the new Joint Base McGuire- Dix-Lakehurst, from the Philadelphia locality pay area to the New York locality pay area. We received no comments on the interim rule and adopt the final rule without change. We are also adding a corresponding note to the definition of the Philadelphia locality pay area to clarify that the Joint Base is not part of the Philadelphia locality pay area and changing titling of the Portland, OR, locality pay area to correspond to a change in the name of the Portland Metropolitan Statistical Area.

On Tuesday, June 8, 2010, the Department of Commerce (the Department) published the Public Notice and Request for Comments for Import Administration IA ACCESS Pilot Program in the Federal Register. The reference to the ITA docket number is incorrect. This document corrects that number. The June 8 document also stated that all comments should refer to RIN 0625-AA84. That RIN number is not applicable to the notice and need not be included in the comments.

DoD is adopting as final, with changes, the interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement determinations made by the Under Secretary of Defense for Acquisition, Technology, and Logistics with regard to the acquisition of items containing para-aramid fibers and yarns manufactured in foreign countries that have entered into a reciprocal defense procurement memorandum of understanding with the United States.

In this action, under the Clean Air Act, we are: Approving into the State Implementation Plan (SIP) certain regulation revisions within Ohio Administrative Code (OAC) 3745-21 (Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and related Materials Standards) which have been adopted by the State; recognizing various emission control exemptions that have been granted for miscellaneous metal coating operations under OAC 3745-21-09(U)(2)(f); and taking no action on certain regulation revisions. We proposed to take these actions in a document published on January 22, 2010, and received no comments.

The Federal Energy Regulatory Commission (Commission) invites comments on its five-year review of the oil pipeline pricing index established in Revisions to Oil Pipeline Regulations Pursuant to the Energy Policy Act of 1992, Order No. 561, FERC Stats. & Regs. [Regs. Preambles, 1991-1996] ] 30,985 (1993). Specifically, the Commission proposes to use the Producer Price Index for Finished Goods (PPI) plus 1.3 percent (PPI+1.3) as the index for annual changes to the oil pipeline rate ceiling over the five-year period commencing July 1, 2011. Commenters are invited to submit and justify alternatives to the continued use of PPI+1.3.

OSM is announcing receipt of a request (Administrative Record No. 844.14) to remove a required amendment to the Pennsylvania regulatory program (the ``Pennsylvania program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Pennsylvania has provided a rationale that it believes supports the position that the required amendment related to specific information (cessation orders) for permit applications should be removed.

The Coast Guard is establishing two temporary safety zones extending 500 meters in all directions from each of the two submerged turret loading (STL) buoys and accompanying systems that are part of GDF Suez Energy's Neptune Deepwater Port located in the Atlantic Ocean off of Boston, Massachusetts. The purpose of these temporary safety zones is to protect vessels and mariners from the potential safety hazards associated with construction of the deepwater port facilities and the large sub-surface turret buoys, and to protect the deepwater port infrastructure. All vessels, with the exception of deepwater port support vessels, are prohibited from entering into, remaining or moving within either of the safety zones.

The Coast Guard is establishing a temporary safety zone extending 100 yards from Pier 66, Elliott Bay, Washington to ensure adequate safety of the boating public during naval and aerial spectator events associated with the Parade of Ships for the annual Seattle SeaFair Fleet Week. This action is intended to restrict vessel traffic movement and entry into, transit through, mooring, or anchoring within these zones is prohibited unless authorized by the Captain of the Port, Puget Sound or Designated Representative.

The Natural Resources Conservation Service is correcting a final rule that appeared in the Federal Register of June 3, 2010 (75 FR 31653). The document 2010-12699, concerning the Conservation Stewardship Program, contained an error in the words of ``issuance'' at the end of the preamble.

This document proposes to amend appendices to NHTSA regulations on Insurer Reporting Requirements. The appendices list those passenger motor vehicle insurers that are required to file reports on their motor vehicle theft loss experiences. An insurer included in any of these appendices would be required to file three copies of its report for the 2007 calendar year before October 25, 2010. If the passenger motor vehicle insurers remain listed, they must submit reports by each subsequent October 25. We are proposing to add and remove several insurers from relevant appendices.

The FAA is adopting a new airworthiness directive (AD) for CFM International, S.A. CFM56-5, -5B, and -7B series turbofan engines. This AD requires removing from service, nine stage 3 low-pressure turbine (LPT) disks, identified by serial number (S/N). This AD results from the discovery of a material nonconformity requiring removal of the disk before the certified disk life of certain stage 3 LPT disks. We are issuing this AD to prevent uncontained failure of the stage 3 LPT disk and damage to the airplane.

In this document, the Consumer Product Safety Commission (``CPSC'' or ``Commission'') is revoking its existing regulations pertaining to baby-walkers because those regulations are being replaced by a new and more comprehensive safety standard applicable to baby- walkers. The new standard is being added by the Commission in a separate document published elsewhere in this issue of the Federal Register.