June 17, 2011 – Federal Register Recent Federal Regulation Documents
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Effective Date for Swap Regulation
Pursuant to section 754 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''), the general effective date for certain provisions of subtitle A of title VII of the Dodd- Frank Act (``Title VII'') that do not require a rulemaking is 360 days after enactment, or July 16, 2011, unless another effective date is specifically provided. Following the general effective date, market participants may be subject to certain Commodity Exchange Act (``CEA'' or ``Act'') requirements but not others. To provide greater clarity regarding the applicability of various statutory and regulatory requirements, the Commodity Futures Trading Commission (``CFTC'' or the ``Commission'') is proposing to grant, pursuant to its section 4(c) exemptive authority, temporary relief in two parts with respect to various requirements of the CEA that apply or may apply to certain agreements, contracts, and transactions. In part one, the Commission is proposing to temporarily exempt persons or entities with respect to provisions of the CEA added or amended by the Dodd-Frank Act that reference one or more terms regarding entities or instruments that Title VII requires be ``further defined,'' such as the terms ``swap,'' ``swap dealer,'' ``major swap participant,'' or ``eligible contract participant,'' to the extent that requirements or portions of such provisions specifically relate to such referenced terms. In part two, the Commission is proposing to grant relief from certain provisions of the CEA that will or may apply to certain agreements, contracts, and transactions in exempt or excluded commodities as a result of the repeal of various CEA exemptions and exclusions as of July 16, 2011.
Proposed Amendment to Class B Airspace; Seattle, WA
This action proposes to modify Class B airspace in Seattle, WA to contain aircraft conducting Instrument Flight Rules (IFR) approach procedures to Seattle-Tacoma International Airport (SEA). This action would further support the FAA's national airspace redesign goal of optimizing terminal and en route airspace areas to enhance safety, improving the flow of air traffic, and reducing the potential for near midair collision in the terminal area.
Proposed Establishment of Class E Airspace; Copperhill, TN
This action proposes to establish Class E Airspace at Copperhill, TN, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Martin Campbell Field Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Endangered and Threatened Wildlife and Plants; Reinstatement of Listing Protections for the Virginia Northern Flying Squirrel in Compliance With a Court Order
We, the U.S. Fish and Wildlife Service (Service), are issuing this final rule to comply with a court order that has the effect of reinstating the regulatory protections under the Endangered Species Act of 1973 (ESA), as amended, for the Virginia northern flying squirrel (Glaucomys sabrinus fuscus). Pursuant to the District of Columbia District Court order dated March 25, 2011, this rule reinstates the Virginia northern flying squirrel listing as endangered.
Proposed Modification of the Las Vegas, NV, Class B Airspace Area; Public Meetings
This notice announces three fact-finding informal airspace meetings to solicit information from airspace users and others, concerning a proposal to modify Class B airspace at Las Vegas, NV. The purpose of these meetings is to provide interested parties an opportunity to present views, recommendations, and comments on the proposal. All comments received during these meetings will be considered prior to any issuance of a notice of proposed rulemaking.
Competitive and Noncompetitive Non-Formula Federal Assistance Programs-Specific Administrative Provisions for the Beginning Farmer and Rancher Development Program
The National Institute of Food and Agriculture (NIFA) is adopting as a final rule, with changes, an interim rule (published at 74 FR 45968 on September 4, 2009) containing a set of specific administrative requirements for the Beginning Farmer and Rancher Development Program (BFRDP) to supplement the Competitive and Noncompetitive Non-Formula Federal Assistance ProgramsGeneral Award Administrative Provisions for this program. The BFRDP is authorized under section 7405 of the Farm Security and Rural Investment Act of 2002, as amended by section 7410 of the Food, Conservation, and Energy Act of 2008.
Competitive and Noncompetitive Nonformula Federal Assistance Programs-Administrative Provisions for Biomass Research and Development Initiative
The National Institute of Food and Agriculture (NIFA) is affirming, without change, an interim rule containing a set of specific administrative requirements for the Biomass Research and Development Initiative (BRDI) to supplement the Competitive and Noncompetitive Non- formula Federal Assistance ProgramsGeneral Award Administrative Provisions for this program. The BRDI is authorized under section 9008 of the Farm Security and Rural Investment Act of 2002 (FSRIA), as amended by section 9001 of the Food, Conservation, and Energy Act of 2008 (FCEA).
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Prevention of Significant Deterioration Greenhouse Gas Tailoring Rule
EPA is proposing to approve a draft revision to the Indiana State Implementation Plan (SIP), submitted by the Indiana Department of Environmental Management (IDEM) to EPA on December 3, 2010, for parallel processing. The proposed SIP revision modifies Indiana's Prevention of Significant Deterioration (PSD) program to establish appropriate emission thresholds for determining which new stationary sources and modification projects become subject to Indiana's PSD permitting requirements for their greenhouse gas (GHG) emissions. EPA is proposing approval of Indiana's December 3, 2010, SIP revision because the Agency has made the preliminary determination that this SIP revision is in accordance with the Clean Air Act (CAA) and EPA regulations regarding PSD permitting for GHGs.
Special Conditions: Boeing Model 787 Series Airplanes; Seats With Inflatable Lapbelts
These special conditions are issued for the Boeing Model 787 series airplane. These airplanes will have a novel or unusual design feature(s) associated with seats with inflatable lapbelts. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Archers Creek, Ribbon Creek, and Broad River; U.S. Marine Corps Recruit Depot, Parris Island, SC; Danger Zone
The U.S. Army Corps of Engineers (Corps) is proposing to amend its regulations for two existing danger zones that are located adjacent to the rifle range and pistol range at the U.S. Marine Corps Recruit Depot Parris Island in Beaufort County, South Carolina. These danger zones were established in the 1960s. The proposed amendments include reformatting the existing regulations for clarity, modifying the boundaries of the danger zones, and modifying the hours of range operations from 6:30 a.m. to 5 p.m. to 6 a.m. to 5 p.m. Monday through Friday. These amendments will enhance the ability of the U.S. Marine Corps to provide for the safe operation of the existing rifle and pistol ranges.
Drawbridge Operation Regulations; Cheesequake Creek, Morgan, NJ
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Route 35 Bridge, mile 0.0, across Cheesequake Creek at Morgan, New Jersey. The deviation is necessary to perform structural and electrical rehabilitation. This deviation allows the bridge to remain in the closed position for four months.
Delegation of Authority to the Director of Its Division of Enforcement
The Securities and Exchange Commission (``Commission'') is amending its rules to delegate authority to the Director of the Division of Enforcement (``Division'') to issue witness immunity orders to compel individuals to give testimony or provide other information. This delegation is intended to conserve Commission resources, enhance the Division's ability to detect violations of the Federal securities laws, increase the effectiveness and efficiency of the Division's investigations, and improve the success of the Commission's enforcement actions.
Proposed Amendment of Class E Airspace; Shelby, MT
This action proposes to modify Class E airspace at Shelby, MT. Controlled airspace is necessary to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Shelby Airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.
Proposed Establishment of Class D and Amendment of Class E Airspace; Los Angeles, CA
This action proposes to establish Class D airspace at Los Angeles International Airport, Los Angeles, CA. Controlled airspace is necessary to contain potential missed approaches at Los Angeles International Airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport. This action also would edit Class E airspace by adding the geographic coordinates and the airport name to the airspace designation.
Pesticides; Policies Concerning Products Containing Nanoscale Materials; Opportunity for Public Comment
EPA seeks comment on several possible approaches for obtaining information about what nanoscale materials are present in registered pesticide products. Under one approach, EPA would use section 6(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to obtain information regarding what nanoscale material is present in a registered pesticide product and its potential effects on humans or the environment. If EPA adopts this approach, 40 CFR 152.50(f)(3) would also require the inclusion of such information with any application for registration of a pesticide product that contains a nanoscale material. Under an alternative approach, EPA would obtain such information using Data Call-In notices (DCIs) under FIFRA section 3(c)(2)(B). If EPA adopts this alternate approach, EPA would also need to require the inclusion of this information with any application for registration of a pesticide product that contains a nanoscale material. It is EPA's view that FIFRA section 6(a)(2) is the most efficient and expedient administrative approach to obtaining information about nanoscale materials in pesticides and EPA would prefer to use this approach. EPA is also proposing a new approach for how EPA will determine on a case-by-case basis whether a nanoscale active or inert ingredient is a ``new'' active or inert ingredient for purposes of FIFRA and the Pesticide Registration Improvement Act (PRIA), even when an identical, non-nanoscale form of the nanoscale ingredient is already registered.
Airworthiness Directives; Costruzioni Aeronautiche Tecnam srl Model P2006T Airplanes
We are adopting a new 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:
National School Lunch Program: School Food Service Account Revenue Amendments Related to the Healthy, Hunger-Free Kids Act of 2010
This rule amends National School Lunch Program (NSLP) regulations to conform to requirements contained in the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. 111-296) regarding equity in school lunch pricing and revenue from nonprogram foods sold in schools. This rule requires school food authorities (SFAs) participating in the NSLP to provide the same level of financial support for lunches served to students who are not eligible for free or reduced price lunches as is provided for lunches served to students eligible for free lunches. This rule also requires that all food sold in a school and purchased with funds from the nonprofit school food service account, other than meals and supplements reimbursed by the Department of Agriculture, must generate revenue at least equal to the cost of such foods.
Capital Plans
The Board is proposing amendments to Regulation Y to require large bank holding companies to submit capital plans to the Federal Reserve on an annual basis and to require such bank holding companies to provide prior notice to the Federal Reserve under certain circumstances before making a capital distribution.
SPF Labeling and Testing Requirements and Drug Facts Labeling for Over-the-Counter Sunscreen Drug Products; Agency Information Collection Activities; Proposed Collection
The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information and to allow 60 days for public comment in response to the notice. This notice solicits comments on SPF labeling and testing requirements for over-the-counter (OTC) sunscreen products containing specified ingredients and marketed without approved applications, and on compliance with Drug Facts labeling requirements for all OTC sunscreen products.
Revised Effectiveness Determination; Sunscreen Drug Products for Over-the-Counter Human Use
The Food and Drug Administration (FDA) is proposing to limit the maximum labeled SPF value for over-the-counter (OTC) sunscreen drug products to ``50+.'' We are issuing this proposed rule after reviewing data and information we received on the safety and effectiveness of OTC sunscreen drug products after publication of our 2007 proposed rule. The record does not currently contain sufficient data to indicate that there is additional clinical benefit above SPF 50. This proposal is part of FDA's ongoing review of these products to ensure their safety and effectiveness.
Sunscreen Drug Products for Over-the-Counter Human Use; Request for Data and Information Regarding Dosage Forms
We (Food and Drug Administration or FDA) are asking sunscreen manufacturers and other interested parties to submit data on over-the- counter (OTC) sunscreen drug products marketed without approved applications that are formulated in certain dosage forms. These data are necessary to address questions about these dosage forms. For spray dosage forms, we are requesting data to resolve specific questions about both effectiveness and safety. We are also inviting comment on possible labeling and testing requirements for spray dosage forms. This information will be used in establishing monograph conditions, including dosage forms, for sunscreens that are generally recognized as safe and effective (GRASE) and not misbranded.
Draft Guidance for Industry on Enforcement Policy for Over-the-Counter Sunscreen Drug Products Marketed Without an Approved Application; Availability
The Food and Drug Administration (FDA) is announcing the availability of a draft guidance for industry entitled ``Enforcement PolicyOTC Sunscreen Drug Products Marketed Without an Approved Application.'' The draft guidance is intended to inform manufacturers of over-the-counter (OTC) sunscreen products about our enforcement policy for certain OTC sunscreen products marketed without an approved new drug application. The draft guidance describes our intended approach to enforcement for certain OTC sunscreen products prior to an effective final monograph.
Labeling and Effectiveness Testing; Sunscreen Drug Products for Over-the-Counter Human Use
The Food and Drug Administration (FDA) is issuing this document to address labeling and effectiveness testing for certain over-the counter (OTC) sunscreen products containing specified active ingredients and marketed without approved applications. This document addresses labeling and effectiveness testing issues raised by the nearly 2,900 submissions that we received in response to the sunscreen proposed rule of August 27, 2007 (2007 proposed rule). The document also identifies specific claims that render a product that is subject to this rule misbranded or would not be allowed on any OTC sunscreen product marketed without an approved application. The document does not address issues related to sunscreen active ingredients or certain other issues regarding the GRASE determination for sunscreen products. The document requires OTC sunscreen products to comply with the content and format requirements for OTC drug labeling contained in the 1999 Drug Facts final rule (published in the Federal Register of March 17, 1999, by lifting the delay of implementation date for that rule that we published on September 3, 2004).
Medicare Program; Conditions of Participation (CoPs) for Community Mental Health Centers
This proposed rule would establish, for the first time, conditions of participation (CoPs) that community mental health centers (CMHCs) would have to meet in order to participate in the Medicare program. These proposed CoPs would focus on the care provided to the client, establish requirements for staff and provider operations, and encourage clients to participate in their care plan and treatment. The new CoPs would enable CMS to survey CMHCs for compliance with health and safety requirements.
Airworthiness Directives; The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER Series Airplanes
We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires repetitive testing of the stabilizer takeoff warning switches, and corrective actions if necessary. This AD was prompted by reports that the warning horn did not sound during the takeoff warning system test of the S132 ``nose up stab takeoff warning switch.'' We are issuing this AD to detect and correct a takeoff warning system switch failure, which could reduce the ability of the flightcrew to maintain the safe flight and landing of the airplane.
Airworthiness Directives; Fokker Services B.V. Model F.28 Mark 0070 and 0100 Airplanes
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; The Boeing Company Model MD-90-30 Airplanes
We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires a detailed inspection to detect distress and existing repairs to the leading edge structure of the vertical stabilizer at the splice at Station Zfs=52.267; repetitive inspections for cracking in the front spar cap forward flanges of the vertical stabilizer, and either the aft flanges or side skins; repetitive inspections for loose and missing fasteners; and related investigative and corrective actions if necessary. This AD was prompted by reports of cracked vertical stabilizer skin, a severed front spar cap, elongated fastener holes at the leading edge of the vertical stabilizer, and cracked front spar web and front spar cap bolt holes in the vertical stabilizer. We are issuing this AD to detect and correct such cracking damage, which could result in the structure being unable to support limit load, and could lead to the loss of the vertical stabilizer.
Airworthiness Directives; The Boeing Company Model 767 Airplanes
We are superseding an existing airworthiness directive (AD) for the products listed above. That AD currently requires, for certain airplanes, reworking the bonding jumper assemblies on the drain tube assemblies of the slat track housing of the wings. For certain other airplanes, the existing AD requires repetitive inspections of the drain tube assemblies of the slat track housing of the wings to find discrepancies, corrective actions if necessary, and terminating action for the repetitive inspections. This new AD also requires replacing the drain tube assemblies. For certain airplanes, this new AD also requires installing an additional electrostatic bond path for the number 5 and 8 inboard slat track drain tube assemblies. For certain other airplanes, this new AD also requires reworking the bonding jumper assembly. This new AD also revises the applicability to include additional airplanes. This AD was prompted by (1) reports of fuel leaks from certain drain locations of the slat track housing near the engine exhaust nozzle, which could result in a fire when the airplane is stationary, or taxiing at low speed; (2) reports of a bonding jumper assembly of certain drain tubes that did not meet bonding specifications and could result in electrostatic discharge and an in-tank ignition source; and (3) reports of fuel leaks onto the main landing gear (MLG) as a result of a cracked drain tube at the number 5 or 8 slat track housing, which could let fuel drain from the main fuel tanks into the dry bay area of the wings and onto hot MLG brakes and result in a fire.
Decommissioning Planning
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to improve decommissioning planning and thereby reduce the likelihood that any current operating facility will become a legacy site. The amended regulations require licensees to conduct their operations to minimize the introduction of residual radioactivity into the site, which includes the site's subsurface soil and groundwater. Licensees also may be required to perform site surveys to determine whether residual radioactivity is present in subsurface areas and to keep records of these surveys with records important for decommissioning. The amended regulations require licensees to report additional details in their decommissioning cost estimate (DCE), eliminate the escrow account and line of credit as approved financial assurance mechanisms, and modify other financial assurance requirements. The amended regulations require decommissioning power reactor licensees to report additional information on the costs of decommissioning and spent fuel management.
Airworthiness Directives; Eurocopter France Model SA-365C, SA-365C1, SA-365C2, SA-365N, SA-365N1, AS-365N2, AS 365 N3, and SA-366G1 Helicopters
This amendment adopts a new airworthiness directive (AD) for the specified Eurocopter France (Eurocopter) helicopters. This action requires visually inspecting the adhesive bead between the bushing and the Starflex star (Starflex) arm for a crack, a gap, or loss of the adhesive bead, inspecting the Starflex arm ends for delamination, and replacing the Starflex if any of these conditions are found. This amendment is prompted by three cases of deterioration of a Starflex arm. In two of these cases, the deterioration caused high amplitude vibrations in flight, compelling the pilot to make a precautionary landing. The actions specified in this AD are intended to prevent failure of the Starflex, high-amplitude vibrations in flight, and subsequent loss of control of the helicopter.
Airworthiness Directives; Bell Helicopter Textron, Inc. Model 205A, 205A-1, 205B, 212, 412, 412CF, and 412EP Helicopters
This amendment adopts a new airworthiness directive (AD) for the specified Bell Helicopter Textron, Inc. (BHT) model helicopters with tail rotor (T[sol]R) blades with certain serial numbers installed. This action requires a one-time inspection of the T[sol]R blade for corrosion or pitting, and repairing or replacing the T[sol]R blade, if that condition is found during the inspection. This amendment is prompted by a report from the manufacturer that T[sol]R blades with certain serial numbers may have manufacturing anomalies in the spar area. These actions are intended to detect corrosion or pitting in the forward spar area of a T[sol]R blade to prevent a crack in the T[sol]R blade, loss of the T[sol]R blade, and subsequent loss of control of the helicopter.
Airworthiness Directives; Robinson Helicopter Company Model (Robinson) R22, R22 Alpha, R22 Beta, R22 Mariner, R44, and R44 II Helicopters
This amendment supersedes an existing airworthiness directive (AD) for the specified Robinson model helicopters that currently requires a visual inspection for skin separation along the leading edge of blade skin aft of the skin-to-spar bond line on the lower surface of each main rotor blade (blade) and in the tip cap area. The existing AD also requires a ``tap test'' for detecting a separation or void in both bonded areas and repainting any exposed area of the blades. If any separation or void is detected, the AD requires, before further flight, replacing the blade. Thereafter, before each flight, the existing AD also requires checking for any exposed (bare) metal along the skin-to- spar bond line on the lower surface of each blade near the tip. If any bare metal is found, that AD requires an inspection by a qualified mechanic. This amendment contains the same requirements but expands the applicability to include all serial-numbered model helicopters and limits the applicability to specific blade part numbers. This amendment also requires a repetitive inspection of the blade and any necessary rework. This amendment is prompted by a fatal accident in Israel. We have also included responses to comments objecting to the recording requirements in the current AD relating to the pilot checks before each flight and to comments that the burden of the before-each-flight pilot check exceeds the benefit. We have concluded that a check before the first flight of each day is sufficient for aviation safety. The actions specified by this AD are intended to provide more specific AD actions, to relieve the burdens associated with the before-each-flight check by changing it to a daily check, to detect blade skin debond, and to prevent blade failure and subsequent loss of control of the helicopter.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Annual Catch Limits and Accountability Measures
NMFS proposes to implement an Omnibus Amendment to all Mid- Atlantic Fishery Management Council (Council) fishery management plans (FMPs) in order to bring all Council FMPs into compliance with the requirements of the Magnuson-Stevens Act (MSA), as amended by the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (MSRA), which requires establishment of Annual Catch Limits (ACLs) and Accountability Measures (AMs) for stocks not subject to the annual life cycle or other exemptions. There are multiple intended effects of the Omnibus Amendment: To establish a comprehensive framework for all Council FMPs that is compliant with the MSA requirements and consistent with the National Standard 1 guidelines issued by NMFS; to implement a process that more formally utilizes scientific recommendations in the establishment of annual catch levels; to establish a framework to derive ACLs with AM backstops from that scientific advice; and to establish processes for revisiting and modifying the measures that would be established by the respective FMP amendments so that overfishing is prevented, stocks are rebuilt as needed, and Optimum Yield (OY) may be achieved for all managed stocks under the Council's jurisdiction.
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