January 25, 2011 – Federal Register Recent Federal Regulation Documents

Hybrid Retirement Plans
Document Number: C1-2010-25941
Type: Rule
Date: 2011-01-25
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
Airworthiness Directives; The Boeing Company Model 727 Airplanes
Document Number: 2011-464
Type: Rule
Date: 2011-01-25
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires 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 AD was prompted by 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 issuing this AD to detect and correct scribe lines, which can develop into fatigue cracks in the skin and cause rapid decompression of the airplane.
Airworthiness Directives; The Boeing Company Model 767-300 Series Airplanes
Document Number: 2011-462
Type: Rule
Date: 2011-01-25
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires repetitive inspections for cracks in the fuselage skin and backup structure at the lower VHF antenna cutout at station 1197 + 99 between stringers 39 left and 39 right, and corrective actions if necessary. Certain repairs terminate certain inspection requirements. This AD was prompted by reports of cracking found in the section 46 fuselage lower skin around the periphery of the VHF antenna baseplate at station 1197 + 99. We are issuing this AD to detect and correct fatigue cracks in the fuselage skin and internal backup structure, which could result in rapid decompression of the airplane.
Airworthiness Directives; SOCATA Model TBM 700 Airplanes
Document Number: 2011-370
Type: Rule
Date: 2011-01-25
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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:
New Mexico Regulatory Program
Document Number: 2011-1511
Type: Proposed Rule
Date: 2011-01-25
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We are announcing receipt of a proposed amendment to the New Mexico regulatory program (hereinafter, the ``New Mexico program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). New Mexico proposes revisions to and additions of rules about Ownership and Control (``O & C''). New Mexico intends to revise its program to be consistent with the rules published in the Federal Register notices published on December 3, 2007, Ownership and Control (72 FR 68000); December 19, 2000, Application and Permit Information Requirements, Permit Eligibility, definitions of Ownership and Control, the AVS, Alternative Enforcement (65 FR 79582); and October 28, 1994, Use of the AVS in Surface Coal Mining Reclamation Permit Approval, Standards and Procedures for Ownership and Control Determinations (59 FR 54306). This document gives the times and locations that the New Mexico program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Pears Grown in Oregon and Washington; Amendment To Allow Additional Exemptions
Document Number: 2011-1508
Type: Rule
Date: 2011-01-25
Agency: Agricultural Marketing Service, Department of Agriculture
This rule adds an exemption to the marketing order for Oregon- Washington pears that provides for the sale of fresh pears directly to consumers without regard to regulation. The marketing order regulates the handling of pears grown in Oregon and Washington. Local administration of the marketing order for the fresh pear industry is provided by the Fresh Pear Committee (Committee). For each customer, this rule exempts consumer-direct sales of up to 220 pounds of fresh pears per transaction, for home use only, made directly at orchards, packing facilities, roadside stands, or farmers' markets without regard to the marketing order's assessment, reporting, handling, and inspection requirements. This action is intended to provide regulatory flexibility to small pear handlers, while facilitating the sale of fresh, local pears directly to consumers.
Regulation and Enforcement; Renewable Energy Alternate Uses of Existing Facilities on the Outer Continental Shelf-Acquire a Lease Noncompetitively
Document Number: 2011-1505
Type: Rule
Date: 2011-01-25
Agency: Department of the Interior, Bureau of Ocean Energy Management
BOEMRE is withdrawing the direct final rule to amend BOEMRE's renewable energy regulatory provisions that pertain to noncompetitive acquisition of leases, published on November 26, 2010 (75 FR 72679), under Docket ID: BOEM-2010-0045. In the direct final rule, BOEMRE stated that if it received significant adverse comments during the rule's 30-day comment period, it would publish a notice of withdrawal in the Federal Register. BOEMRE has determined that it has received significant adverse comments during the comment period and, therefore, is withdrawing the direct final rule. BOEMRE intends to publish a notice of proposed rulemaking within 30 days of the date of this notice in order to reinitiate rulemaking. The proposed rule will have a 30-day public comment period. All comments received in response to the original November 26, 2010, notice will be considered in relation to the proposed rule unless they are withdrawn by the commenters, so those who commented on the original November 26, 2010, direct final rule need not re-submit their comments. However, parties who responded to the November 26, 2010, notice may submit additional comments on the proposed rulemaking.
Issuer Review of Assets in Offerings of Asset-Backed Securities
Document Number: 2011-1503
Type: Rule
Date: 2011-01-25
Agency: Securities and Exchange Commission, Agencies and Commissions
We are adopting new requirements in order to implement Section 945 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the ``Act''). We are adopting a new rule under the Securities Act of 1933 to require any issuer registering the offer and sale of an asset-backed security (``ABS'') to perform a review of the assets underlying the ABS. We also are adopting amendments to Item 1111 of Regulation AB that would require an ABS issuer to disclose the nature of its review of the assets and the findings and conclusions of the issuer's review of the assets.
Occupational Radiation Protection; Revision
Document Number: 2011-1500
Type: Proposed Rule
Date: 2011-01-25
Agency: Department of Energy
The Department of Energy (DOE) proposes to revise the values in an appendix to its Occupational Radiation Protection requirements. The derived air concentration values for air immersion are calculated using several parameters. One of these, exposure time, is better represented by the hours in the workday, rather than the hours in a calendar day, and is therefore used in the revised calculations.
Approval and Promulgation of State Implementation Plans; State of Colorado Regulation Number 3: Revisions to the Air Pollutant Emission Notice Requirements and Exemptions
Document Number: 2011-1477
Type: Proposed Rule
Date: 2011-01-25
Agency: Environmental Protection Agency
EPA is proposing partial approval and partial disapproval of State Implementation Plan (SIP) revisions regarding the Air Pollutant Emission Notice (APEN) regulations submitted by the State of Colorado on September 16, 1997, June 20, 2003, July 11, 2005, August 8, 2006 and August 1, 2007. The APEN provisions in Sections II.A. through II.D., Part A of Colorado's Regulation Number 3, specify the APEN filing requirements for stationary sources and exemptions from such requirements. This action is being taken under section 110 of the Clean Air Act (CAA).
Approval and Disapproval and Promulgation of Air Quality Implementation Plans; Colorado; Revision to Definitions; Common Provisions Regulation
Document Number: 2011-1475
Type: Proposed Rule
Date: 2011-01-25
Agency: Environmental Protection Agency
EPA is proposing to partially approve and partially disapprove State Implementation Plan (SIP) revisions submitted by the State of Colorado on June 20, 2003. The intended effect of this proposal is to approve and make federally enforceable those portions of the revisions to Colorado's Common Provisions that are consistent with the Clean Air Act (CAA). Primarily, the revisions involved changes designed to fix ambiguous language, to make the definitions more readable or to delete obsolete definitions. In addition, a number of definitions were revised to reflect developments in federal law or were deleted to eliminate duplicative provisions that appear in other Colorado regulations. EPA is proposing to approve parts of the revision that delete duplicative or obsolete definitions, or that clarify existing definitions in a manner consistent with the CAA. In addition, EPA proposes to disapprove those portions of the rule revisions that EPA determined are inconsistent with the CAA. This action is being taken under section 110 of the CAA.
U.S.-India Bilateral Understanding: Revisions to U.S. Export and Reexport Controls Under the Export Administration Regulations
Document Number: 2011-1471
Type: Rule
Date: 2011-01-25
Agency: Department of Commerce, Bureau of Industry and Security
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement several components of the bilateral understanding between the United States and India announced by President Obama and India's Prime Minister Singh on November 8, 2010. This is the first in a series of rules implementing the President's and Prime Minister's commitment to work together to strengthen the global nonproliferation and export control framework and further transform our bilateral export control cooperation to realize the full potential of the strategic partnership between the two countries. The two leaders outlined mutual steps to implement an export control reform program. On the part of the United States, these steps include removing India's defense and space-related entities from the Entity List (Supplement No. 4 to part 744 of the EAR) and realigning U.S. export licensing policy toward India by removing India from three country groups in the EAR and adding it to one country group. This rule also makes conforming changes to the EAR consistent with these steps. These reforms reflect India's nonproliferation record and commitment to abide by multilateral export control standards.
Hazardous Materials: Improving the Safety of Railroad Transportation of Hazardous Materials
Document Number: 2011-1455
Type: Proposed Rule
Date: 2011-01-25
Agency: Federal Railroad Administration, Department of Transportation
This notice announces that FRA has scheduled a public meeting in Washington, DC, to discuss its process of issuing movement approvals pursuant to Title 49 Code of Federal Regulations (CFR) 174.50. In an effort to continually improve this aspect of its safety program, FRA is undertaking a comprehensive review of its process of issuing movement approvals, and through this public meeting seeks to gain input from all persons and stakeholders affected or interested in this aspect of FRA's hazardous materials program.
Airworthiness Directives; Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) Airplanes
Document Number: 2011-1440
Type: Proposed Rule
Date: 2011-01-25
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. 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:
Airworthiness Directives; Airbus Model A300 and A310 Series Airplanes, and Model A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4-605R Variant F Airplanes (Collectively Called A300-600 Series Airplanes)
Document Number: 2011-1439
Type: Proposed Rule
Date: 2011-01-25
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede three existing ADs. 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:
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentage for Class 3 (Native) Spearmint Oil for the 2010-2011 Marketing Year
Document Number: 2011-1429
Type: Rule
Date: 2011-01-25
Agency: Agricultural Marketing Service, Department of Agriculture
This rule revises the quantity of Class 3 (Native) spearmint oil that handlers may purchase from, or handle on behalf of, producers during the 2010-2011 marketing year. This rule increases the Native spearmint oil salable quantity from 980,220 pounds to 1,118,639 pounds, and the allotment percentage from 43 percent to 50 percent. The marketing order regulates the handling of spearmint oil produced in the Far West and is administered locally by the Spearmint Oil Administrative Committee (Committee). The Committee unanimously recommended this rule for the purpose of avoiding extreme fluctuations in supplies and prices and to help maintain stability in the Far West spearmint oil market.
Raisins Produced From Grapes Grown in California; Increased Assessment Rate
Document Number: 2011-1427
Type: Proposed Rule
Date: 2011-01-25
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would increase the assessment rate established for the Raisin Administrative Committee (committee) for the 2010-11 and subsequent crop years from $7.50 to $14.00 per ton of free tonnage raisins acquired by handlers and reserve tonnage raisins released or sold to handlers for use in free tonnage outlets. The committee locally administers the marketing order which regulates the handling of California raisins produced from grapes grown in California. Assessments upon raisin handlers are used by the committee to fund reasonable and necessary expenses of the program. The 2010-11 crop year began August 1 and ends July 31. No volume regulation will be implemented for the 2010-11 crop year, and no reserve pool will be established for this crop. Some committee expenses usually covered by reserve pool revenues must therefore be covered by handler assessments, necessitating an increased assessment rate. The proposed $14.00 per ton assessment would remain in effect indefinitely unless modified, suspended, or terminated.
Kiwifruit Grown in California; Order Amending Marketing Order No. 920; Correction
Document Number: 2011-1426
Type: Rule
Date: 2011-01-25
Agency: Agricultural Marketing Service, Department of Agriculture
This document contains a correction to the final rule that was published in the Federal Register on Tuesday, June 29, 2010 (75 FR 37288). The final rule amended Marketing Order No. 920 (order), which regulates the handling of kiwifruit grown in California. The amendments redefined the grower districts into which the production area is divided and reallocated committee membership among the districts. This rule corrects the final rule by removing order language regarding selection of members and alternates that was inadvertently kept in after the removal of the language as a conforming change was approved by growers in a referendum.
Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Continuance Referendum
Document Number: 2011-1424
Type: Proposed Rule
Date: 2011-01-25
Agency: Department of Agriculture
This document directs that a referendum be conducted among eligible producers of Irish potatoes in certain designated counties in Idaho, and Malheur County, Oregon, to determine whether they favor continuance of the marketing order regulating the handling of Irish potatoes grown in the production area.
Common Crop Insurance Regulations, Macadamia Nut Crop Insurance Provisions; Correction
Document Number: 2011-1423
Type: Rule
Date: 2011-01-25
Agency: Department of Agriculture, Federal Crop Insurance Corporation
This document contains corrections to the correcting amendment which was published September 27, 2010 (75 FR 59057). The regulation, as here pertinent, related to the insurance of macadamia nuts.
Operating Certain Railroad Tank Cars in Excess of 263,000 Pounds Gross Rail Load; Approval
Document Number: 2011-1414
Type: Rule
Date: 2011-01-25
Agency: Federal Railroad Administration, Department of Transportation
On May 14, 2010, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule amending the Hazardous Materials Regulations (HMR) to incorporate provisions contained in several widely used or longstanding special permits that have an established safety record. 75 FR 27205 (Final Rule). The Final Rule titled, Hazardous Materials: Incorporation of Special Permits into Regulations, in part, amended the HMR to allow certain rail tank cars, transporting hazardous materials, to exceed the gross weight on rail limitation of 263,000 pounds upon approval of the Federal Railroad Administration (FRA). This document provides notice of FRA's approval pursuant to the Final Rule of the operation of certain tank cars in hazardous materials service that exceed 263,000 pounds and weigh up to 286,000 pounds gross rail load (GRL).
Source Rules Involving U.S. Possessions and Other Conforming Changes; Correction
Document Number: 2011-1408
Type: Rule
Date: 2011-01-25
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to final regulations (TD 9391) that were published in the Federal Register on Wednesday, April 9, 2008 (73 FR 19350) providing rules under section 937(b) of the Internal Revenue Code for determining whether income is derived from sources within a U.S. possession or territory specified in section 937(a)(1) (generally referred to in this preamble as a ``territory'') and whether income is effectively connected with the conduct of a trade or business within a territory as well as providing guidance under section 932 and other provisions related to the territories.
Orderly Liquidation Authority Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act
Document Number: 2011-1379
Type: Rule
Date: 2011-01-25
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The FDIC is issuing an interim final rule (``Rule''), with request for comments, which implements certain provisions of its authority to resolve covered financial companies under Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd- Frank Act''). The FDIC's purpose in issuing this Rule is to provide greater clarity and certainty about how key components of this authority will be implemented and to ensure that the liquidation process under Title II reflects the Dodd- Frank Act's mandate of transparency in the liquidation of failing systemic financial companies.
Herbicide Exposure and Veterans With Covered Service in Korea
Document Number: 2011-1342
Type: Rule
Date: 2011-01-25
Agency: Department of Veterans Affairs
This document adopts as a final rule the Department of Veterans Affairs' (VA) proposal to amend VA adjudication, medical, and vocational rehabilitation and employment regulations to incorporate relevant provisions of the Veterans Benefits Act of 2003. Specifically, this document amends VA regulations regarding herbicide exposure of certain veterans who served in or near the Korean demilitarized zone and regulations regarding spina bifida in their children. It also amends VA's medical regulations by correcting the Health Administration Center's hand-delivery address.
Airworthiness Directives; Airbus Model A330-200 Series Airplanes; Model A330-300 Series Airplanes; Model A340-200 Series Airplanes; and Model A340-300 Series Airplanes
Document Number: 2011-1225
Type: Rule
Date: 2011-01-25
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This 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:
Airworthiness Directives; Aircraft Industries a.s. Model L 23 Super Blanik Sailplanes
Document Number: 2011-1137
Type: Rule
Date: 2011-01-25
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
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