2010 – Federal Register Recent Federal Regulation Documents

FMCSA announces its decision to exempt thirty-two individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.

The Pension Benefit Guaranty Corporation (PBGC) intends to request that the Office of Management and Budget (OMB) extend approval, under the Paperwork Reduction Act, of collections of information in PBGC's regulations on multiemployer plans under the Employee Retirement Income Security Act of 1974 (ERISA). This notice informs the public of PBGC's intent and solicits public comment on the collections of information.

EPA is proposing to approve portions of four revisions to the Texas State Implementation Plan (SIP) that create and amend the Emissions Banking and Trading of Allowances (EBTA) Program. The EBTA Program establishes a cap and trade program to reduce emissions of oxides of nitrogen (NOX) and sulfur dioxide (SO2) from participating electric generating facilities. The Texas Commission on Environmental Quality (TCEQ) originally submitted the EBTA program to EPA as a SIP revision on January 3, 2000. Since that time, the TCEQ has submitted SIP revisions for the EBTA Program on September 11, 2000; July 15, 2002; and October 24, 2006. EPA has determined that these changes to the Texas SIP comply with the Federal Clean Air Act (the Act or CAA) and EPA regulations, are consistent with EPA policies, and will improve air quality. This action is being taken under section 110 and parts C and D of the Act.

In this document, EPA is notifying the public that it has found the motor vehicle emissions budgets for PM2.5 and NOX in the submitted attainment demonstration state implementation plans for the New York portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT PM2.5 nonattainment area to be adequate for transportation conformity purposes. The transportation conformity rule requires that the EPA conduct a public process and make an affirmative decision on the adequacy of budgets before they can be used by metropolitan planning organizations in conformity determinations. As a result of our finding, the New York Metropolitan Transportation Council (excluding Putnam County) and the Orange County Transportation Council must use the new 2009 PM2.5 budgets for future transportation conformity determinations.

The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Tuesday, November 30, 2010, from 8:30 a.m. to 5:45 p.m. and Wednesday, December 1, 2010, from 8 a.m. to 3:30 p.m. These times and the agenda topics described below are subject to change. Please refer to the Web page https:// www.sab.noaa.gov/Meetings/meetings.html for the most up-to-date meeting agenda. Place: The meeting will be held both days at Dupont Hotel, 1500 New Hampshire Ave., NW., Washington, DC 20036, Phone: (202) 483 6000. Please check the SAB Web site https://www.sab.noaa.gov for confirmation of the venue and for directions. Status: The meeting will be open to public participation with a 30- minute public comment period on November 30 at 5:15 p.m. (check Web site to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Written comments should be received in the SAB Executive Director's Office by November 19, 2010 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after November 19, 2010, will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seats will be available on a first-come, first- served basis. Matters to be Considered: The meeting will include the following topics: (1) NOAA Overview, Background and Introduction to the Climate Service, including Responses to the Reviews and Reports from the SAB Climate Working Group; (2) Strategic Framework for the Climate Service; (3) Report on the Climate Service Study by the National Academy of Public Administration; (4) The Plan for NOAA Reorganization to Form the Climate Service and Strengthen Science; (5) The Future of NOAA Oceanic and Atmospheric Research; (6) NOAA Response to the Ecosystem Science and Management Working Group Recommendations on the Ocean Color Satellite Continuity Mitigation Study; (8) NOAA Response to the Ecosystem Sciences and Management Working Group Recommendations on the NOAA Coastal Strategy Initiative; (9) Report on the Review of the Cooperative Institute for Limnology and Ecosystems Research (CILER); (10) NOAA Cooperative Institutes: New CIs and New Models for CIs; (11) NOAA Education Programs: Results of the National Academy of Sciences Report; (12) NOAA Educational Partnership Program Cooperative Science Centers; (13) Update of the SAB Working Group Subcommittee and (14) Updates from SAB Working Groups.

The FAA is correcting an airworthiness directive (AD) that was published in the Federal Register. That AD applies to the products listed above. In the Information Heading and in the SUMMARY section of the published AD, we incorrectly included Cessna 188 series airplanes. In the Unsafe Condition section, we incorrectly designated that paragraph as (e) instead of (d). Also in the Compliance section, paragraph (f)(2), and in Figure 1, we incorrectly stated the mailing address for the report. We are issuing this document to help eliminate any confusion that this AD may have created in the Information Heading and in the SUMMARY and Unsafe Condition sections. This document corrects those errors. In all other respects, the original document remains the same.

This amendment revises an existing airworthiness directive (AD) for Bell Helicopter Textron Canada (BHTC) Model 206L, 206L-1, and 206L-3 helicopters with a certain part numbered tailboom installed, that currently requires a visual inspection of the tailboom skin in the areas around the nutplates and in the areas of the tailboom drive shaft cover retention clips for cracks and corrosion using a 10-power or higher magnifying glass until the tailboom is replaced with an airworthy tailboom. This action requires the same actions as the existing AD, but allows a longer interval for the repetitive inspections if the tailboom is modified to increase its structural integrity. Replacement with an airworthy tailboom other than a part- numbered tailboom affected by this amendment constitutes a terminating action for the requirements of this AD. This amendment is prompted by an accident and several reports of fatigue cracks in the tailboom skin in the areas around the nutplates for the tail rotor fairing and in the areas of the tail rotor drive shaft cover retention clips. The actions required by this AD are intended to prevent failure of the tailboom and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for the Eurocopter Model AS332L2 helicopters. This AD results from a mandatory continuing airworthiness information (MCAI) AD issued by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community. The MCAI AD states that a hard landing occurred during in-flight engine failure (one engine inoperative (OEI)) training. An examination revealed the failure of the right-hand main reduction gear module (module) freewheel unit due to excessive wear on some of its components. The MCAI AD prohibits engine failure OEI training with helicopters on which certain main gearbox (MGB) modules with certain freewheel shafts are installed and mandates the replacement of those modules. The actions are intended to prevent failure of certain freewheel units, loss of power to the main rotor system, and subsequent loss of control of the helicopter.

OPM is extending the comment period for a new system of records, OPM/Central-15, Health Claims Data Warehouse, until December 15, 2010. The initial notice for this system was published on October 5, 2010, and provided a comment period deadline of November 15, 2010. Based on the comments we have received since we published the initial notice, OPM is considering revisions to the systems notice to, among other things, provide greater specificity regarding the authorities for maintaining the system, clarify its intent to significantly limit the circumstances under which personally identifiable records may be released, and provide a more detailed explanation of how the records in this system will be protected and secured. If OPM publishes a revised systems notice, the public will have the opportunity to comment on the revised notice before OPM begins operating the system. In the meantime, OPM is extending the opportunity for interested persons, organizations, and agencies to review and provide comments pursuant to the October 5, 2010 system notice.

The National Medal of Technology and Innovation (NMTI) Nomination Evaluation Committee will meet in closed session on Tuesday, November 30, 2010. The primary purpose of the meeting is the discussion of relative merits of persons and companies nominated for the NMTI award.

The Broadcasting Board of Governors (BBG) will be meeting at the time and location listed above. The BBG will be considering protection of BBG journalists, a resolution regarding the Agency's Ethics Program, a report from the Board's Governance Committee, a status report from the International Broadcasting Bureau Coordinating Committee, and research presentations by InterMedia and Gallup. The meeting is open to the publicbut due to space limitations via Webcast onlyand will be streamed live on the BBG's public Web site at https:// www.bbg.gov. The meeting will also be made available on the BBG's public Web site for on-demand viewing.

The Office of the Secretary of Defense proposes to alter a system of records in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

Under the provisions of the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.50(d), the Department of Defense gives notice that it is renewing the charter for the Defense Health Board (hereafter referred to as the ``Board''). The Board is a non-discretionary Federal advisory committee that shall provide independent scientific advice and recommendations on matters relating to: a. Operational programs; b. Health policy development; c. Health research programs and requirements for the treatment and prevention of disease and injury; and d. Promotion of health and delivery of efficient, effective and high quality health care services to Department of Defense beneficiaries. The Board is not established to provide advice on individual DoD procurements. No matter shall be assigned to the Board for its considerations that would require any Board members to participate personally and substantially in the conduct of an specific procurement or place him or her in the position of acting as a contracting or procurement official. The Secretary of Defense, through the Under Secretary of Defense (Personnel and Readiness), may act upon the advice and recommendations of the Board. The Board shall be composed of not more than 30 members who are eminent authorities within their respective disciplines related to clinical health care, disease and injury prevention, health care delivery and administration, and/or strategic decision-making in government, industry or academia. The Board members shall be appointed by the Secretary of Defense, and their appointments must be renewed on an annual basis. Those members, who are not full-time or permanent part-time federal officers or employees, shall be appointed as experts and consultants under the authority of 5 U.S.C. 3109 and shall serve as special government employees. Members may serve for periods up to four years. Such appointments will normally be staggered among the Board membership to ensure an orderly turnover in the Board's overall composition on a periodic basis. No Board member shall serve more than four consecutive years on the Board. Regular government officers or employees who participate in DoD's decision-making process for this Board are prohibited from serving on the Board or its subcommittees. With the exception of travel and per diem for official travel, Board members shall normally serve without compensation, unless the Secretary of Defense authorizes compensation for a particular member(s). The Secretary of Defense, after considering the recommendation of the Under Secretary of Defense (Personnel and Readiness), shall appoint the President of the Board from the Board membership. The Under Secretary of Defense (Personnel and Readiness), prior to his recommendation, may consult the Board membership. No Board member shall serve more than four years as Board President. The Board shall select from within its membership a First Vice President and a Second Vice President. The First Vice President shall undertake the duties of the President in his or her absence, or as requested by the President of the Board. The Second Vice President shall fulfill this role as necessary. With DoD approval, the Board is authorized to establish subcommittees, as necessary and consistent with its mission. These subcommittees shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and other governing Federal statutes and regulations. Such subcommittees shall not work independently of the chartered Board, and shall report all their recommendations and advice to the Board for full deliberation and discussion. Subcommittees have no authority to make decisions on behalf of the chartered Board; nor can they report directly to the Department of Defense or any Federal officers or employees who are not Board members. Subcommittee members, who are not Board members, shall be appointed by the Secretary of Defense according to governing DoD policy and procedures. Such individuals, if not full-time government employees, shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. 3109, and serve as special government employees, whose appointments must be renewed on an annual basis.

The Department of the Army is deleting a systems of record notice from its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

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.

Customs and Border Protection (CBP) periodically reviews its regulations to ensure that they are current, correct, and consistent. Through this review process, CBP discovered a number of discrepancies. This document amends various sections of title 19 of the Code of Federal Regulations to remedy those discrepancies.

Pursuant to 36 CFR 51.23, public notice is hereby given that the National Park Service proposes to extend the following expiring concession contract for a period of three years through November 30, 2013.

Pursuant to 36 CFR 51.23, public notice is hereby given that the National Park Service proposes a continuation of visitor services for the following expiring concession contract for a period of one year through September 30, 2011.

The Regulatory Flexibility Act (RFA) requires that the National Marine Fisheries Service (NMFS) periodically review existing regulations that have a significant economic impact on a substantial number of small entities, such as small businesses, small organizations, and small governmental jurisdictions. This plan describes how NMFS will perform this review and describes the regulations that are being proposed for review during the current review-cycle.

A request to certify Kluyveromyces lactis as a new host-vector system has been submitted to the NIH Office of Biotechnology Activities (OBA). The data to be considered for certifying a new host-vector system can be found in Appendix I of the NIH Guidelines. A new host- vector system may be certified only after review by the NIH Recombinant DNA Advisory Committee (RAC) and specifically approved by the NIH Director as a Major Action. Part of this request is to exempt from the NIH Guidelines certain types of research when performed in K. lactis, if K. lactis and its affiliated plasmids meet the requirements for certification as a host- vector system. Research that is exempt from the NIH Guidelines when performed with other certified host-vector systems can be found in Appendix C of the NIH Guidelines.

The National Oceanic and Atmospheric Administration, on behalf of the interagency Estuary Habitat Restoration Council, is soliciting comments on the draft revision of the ``Estuary Habitat Restoration Strategy.''