October 22, 2010 – Federal Register Recent Federal Regulation Documents

This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR part 43. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

The Department of Veterans Affairs (VA) published a document in the Federal Register on June 15, 2010 (75 FR 33704), amending its loan guaranty regulations to eliminate redundant regulations following the phase-in of a new electronic reporting system. At that time, we failed to update the cross-reference citations within the redesignated sections. This document corrects those sections by replacing the incorrect cross-reference citations with the updated, accurate cross- references. These nonsubstantive changes are made for clarity and accuracy.

This action proposes to amend Class E airspace at Sturgis, KY, as the Tradewater NDB Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures (SIAPs) have been developed for the Sturgis Municipal Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.

This action corrects a final rule published in the Federal Register on July 29, 2010; Airspace Docket No. 09-ASW-40, FAA Docket No. FAA-2009-1050. Subsequent to publishing the final rule, three geographic coordinates along Arkansas State Highway 10 and three geographic coordinates along Arkansas State Highway 22 that were used in defining the boundary for restricted areas R-2402A, R-2402B, and R- 2402C changed in the aeronautical database. This action corrects those coordinates in the respective airspace descriptions.

The Plumas County Resource Advisory Committee (RAC) will hold a meeting on November 12, 2011 in Quincy, CA. The purpose of the meeting is to review a timeline for Cycle 11 funding and view presentations about completed Plumas County RAC projects. The funding is made available under Title II provisions of the Secure Rural Schools and Community Self-Determination Act of 2000.

This action removes Class E airspace for Franklin, TX. Abandonment of the former Rocking 7 Ranch Airport and cancellation of all Standard Instrument Approach Procedures (SIAP) has eliminated the need for controlled airspace in the Franklin, TX, area. The FAA is taking this action to ensure the efficient use of airspace within the National Airspace System.

This action amends Class E airspace for Youngstown, OH to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Youngstown Elser Metro Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

In accordance with the requirement of Section 3506 (c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) publishes periodic summaries of proposed data collections. The information collections numbered below are pending at RRB and will be submitted to the Office of Management and Budget (OMB) 60 days from the publication date of this notice. Comments are Invited on: (a) Whether the proposed information collection(s) is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB's estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. 1. Title and Purpose of Information Collection. Railroad Service and Compensation Reports/System Access Application; OMB 3220-0008 Under Section 9 of the Railroad Retirement Act (RRA) and Section 6 of the Railroad Unemployment Insurance Act (RUIA) the Railroad Retirement Board (RRB) maintains for each railroad employee, a record of compensation paid to that employee by all railroad employers for whom the employee worked after 1936. This record, which is used by the RRB to determine eligibility for, and amount of, benefits due under the laws it administers, is conclusive as to the amount of compensation paid to an employee during such period(s) covered by the report(s) of the compensation by the employee's railroad employer(s), except in cases when an employee files a protest pertaining to his or her reported compensation within the statue of limitations cited in Section 9 of the RRA and Section 6 of the RUIA. To enable the RRB to establish and maintain the record of compensation, employers are required to file with the RRB, in such manner and form and at such times as the RRB prescribes, reports of compensation of employees. Railroad Employers' Reports and Responsibilities are prescribed in 20 CFR 209. The RRB currently utilizes Form BA-3, Annual Report of Compensation and Form BA-4, Report of Creditable Compensation Adjustments, to secure required information from railroad employers. Form BA-3 provides the RRB with information regarding annual creditable service and compensation for each individual who worked for a railroad employer covered by the RRA and RUIA in a given year. Form BA-4 provides for the adjustment of any previously submitted reports and also the opportunity to provide any service and compensation that had been previously omitted. Requirements specific to Forms BA-3 and BA-4 are prescribed in 20CFR 209.8 and 209.9. Employers currently have the option of submitting the reports on the aforementioned forms, electronically by File Transfer Protocol (FTP), secure E-mail or via the Internet utilizing the RRB's Employer Reporting System (ERS) (for Form BA-4), or in like format on magnetic tape cartridges, CD-ROM's and PC diskettes. The RRB proposes no changes to Form BA-3 or BA-4. The information collection also includes RRB Form BA-12, Application for Employer Reporting Internet Access and Form G-440, Report Specifications Sheet. Form BA-12 is completed by railroad employers to obtain system access to the RRB's Employer Reporting System (ERS). Once access is obtained, authorized employees may submit reporting forms to the RRB via the Internet. The form determines what degree of access (view/only, data entry/modification or approval/ submission) is appropriate for that employee. It is also used to terminate an employee's access to ERS. The RRB proposes no changes to Form BA-12. Form G-440, Report Specifications Sheet, serves as a certification document for various RRB employer reporting forms (Forms BA-3, BA-4, Form BA-6a, BA-6, Address Report (OMB 3220-0005), BA-9, Report of Separation Allowance or Severance Pay (OMB 3220-0173) and BA- 11, Report of Gross Earnings (OMB 3220-0132)). It records the type of medium the report was submitted on, and serves as a summary recapitulation sheet for reports filed on paper. The estimated completion times for Form(s) BA-3, BA-4, BA-12 and G- 440 vary, depending on circumstances and the method of submission. The completion time for Form BA-3 is estimated at 46 hours and 15 minutes per response for electronic submissions to 116 hours and 51 minutes for manual responses. The completion time for Form BA-4 is estimated at 20 minutes for an ERS Internet-based response, 60 minutes for an electronic submission (magnetic tape cartridge, CD-ROM, diskette, secure E-mail, FTP) and 75 minutes for a manual response. The completion time for form BA-12 is estimated at 10 minutes when used to terminate system access and 20 minutes when used to obtain system access. The completion time for Form G-440 is estimated at 15 minutes when submitted with a paper form and/or used to file a ``zero'' or ``no employees'' certification, 30 minutes when used as an electronic medium reporting/certification form, and 1 hour and 15 minutes when used as a certification and recapitulation form. Submission of Form BA-3, BA-4, and G-440 is mandatory. Completion of Form BA-12 is voluntary. It is completed only if an employer wants to submit reports via the Internet. One response is requested of each respondent for all of the forms in the collection. Depending on circumstances and method of submission chosen, multiple responses will be received from a respondent for Form BA-4 and G-440. The annual respondent burden for the information collection is estimated at 7,348 responses and 43,756 hours. 2. Title and Purpose of Information Collection. Employer Reporting, 3220-0005. Under Section 9 of the Railroad Retirement Act (RRA), and Section 6 of the Railroad Unemployment Insurance Act (RUIA), railroad employers are required to submit reports of employee service and compensation to the RRB as needed for administering the RRA and RUIA. To pay benefits due on a deceased employee's earnings records or determine entitlement to, and amount of annuity applied for, it is necessary at times to obtain from railroad employers current (lag) service and compensation not yet reported to the RRB through the annual reporting process. The reporting requirements are specified in 20 CFR 209.6 and 209.7. The RRB currently utilizes Form G-88a.1, Notice of Retirement and Verification of Date Last Worked, Form G-88a.2, Notice of Retirement and Request for Service Needed for Eligibility, and Form AA-12, Notice of Death and Compensation, to obtain the required lag service and related information from railroad employers. Form G-88a.1 is a computer-generated listing sent by the RRB to railroad employers and used for the specific purpose of verifying information previously provided to the RRB regarding the date last worked by an employee. If the information is correct, the employer need not reply. If the information is incorrect, the employer is asked to provide corrected information. Form G-88a.2 is used by the RRB to secure lag service and compensation information when it is needed to determine benefit eligibility. Form AA-12 obtains a report of lag service and compensation from the last railroad employer of a deceased employee. This report covers the lag period between the date of the latest record of employment processed by the RRB and the date an employee last worked, the date of death or the date the employee may have been entitled to benefits under the Social Security Act. The information is used by the RRB to determine benefits due on the deceased employee's earnings record. The RRB proposes no changes to Form AA-12, Form G-88a.1 and Form G-88a.2. In addition, 20 CFR 209.12(b) requires all railroad employers to furnish the RRB with the home addresses of all employees hired within the last year (new-hires). Form BA-6a, Form BA-6 Address Report, is used by the RRB to obtain home address information of employees from railroad employers that do not have the home address information computerized and who submit the information in a paper format. The form also serves as an instruction sheet to railroad employers who can also submit the information electronically by magnetic tape cartridge, CD- ROM, PC diskette, secure E-mail, or via the Internet utilizing the RRB's Employer Reporting System (ERS). The RRB proposes no changes to Form BA-6a. Completion of the forms is mandatory. One response is requested of each respondent. The completion time for Form G-88a.1 is estimated at 5 to 20 minutes. Form G-88a.2 is estimated at 5 minutes per response. Form AA-12 is estimated at 5 minutes per response. The completion time for Form BA-6a varies, depending on circumstances and the method of submission. An Internet-based BA-6a response utilizing the RRB's ERS system is estimated at 12 to 17 minutes. BA-6a responses submitted via magnetic tape, diskette, CD-ROM, secure E-mail and FTP are estimated at 15 minutes. BA-6a's responses submitted on manual form BA-6a are estimated at 32 minutes. The annual respondent burden for the information collection is estimated at 2,748 responses and 502 hours. 3. Title and Purpose of Information Collection. Railroad Separation Allowance or Severance Pay Report; OMB 3220-0173. Section 6 of the Railroad Retirement Act provides for a lump-sum payment to an employee or the employee's survivors equal to the Tier II taxes paid by the employee on a separation allowance or severance payment for which the employee did not receive credits toward retirement. The lump-sum is not payable until retirement benefits begin to accrue or the employee dies. Also, Section 4 (a-1)(iii) of the Railroad Unemployment Insurance Act provides that a railroad employee who is paid a separation allowance is disqualified for unemployment and sickness benefits for the period of time the employee would have to work to earn the amount of the allowance. The reporting requirements are specified in 20 CFR 209.14. In order to calculate and provide payments, the Railroad Retirement Board (RRB) must collect and maintain records of separation allowances and severance payments which were subject to Tier II taxation from railroad employers. The RRB uses Form BA-9 to obtain information from railroad employers concerning the separation allowances and severance payments made to railroad employees and/or the survivors of railroad employees. Employers currently have the option of submitting a paper BA-9, (or in like format) a magnetic tape cartridge, CD-ROM or PC diskette or electronically by File Transfer Protocol (FTP) or secure E- mail. Completion is mandatory. One response is requested of each respondent. The RRB proposes no changes to Form BA-9. The completion time for Form BA-9 and all electronic equivalent methods of submission is estimated at 1 hour and 16 minutes. The annual respondent burden for the information collection is estimated at 360 responses and 457 burden hours. 4. Title and Purpose of Information Collection. Gross Earnings Report; OMB 3220-0132. In order to carry out the financial interchange provisions of section 7(c)(2) of the Railroad Retirement Act (RRA), the RRB obtains annually from railroad employers the gross earnings for their employees on a one-percent basis, i.e., 1% of each employer's railroad employees. The gross earnings sample is based on the earnings of employees whose social security numbers end with the digits ``30.'' The gross earnings are used to compute payroll taxes under the financial interchange. The gross earnings information is essential in determining the tax amounts involved in the financial interchange with the Social Security Administration and Centers for Medicare and Medicaid Services. Besides being necessary for current financial interchange calculations, the gross earnings file tabulations are also an integral part of the data needed to estimate future tax income and corresponding financial interchange amounts. These estimates are made for internal use and to satisfy requests from other government agencies and interested groups. In addition, cash flow projections of the social security equivalent benefit account, railroad retirement account and cost estimates made for proposed amendments to laws administered by the RRB are dependent on input developed from the information collection. The RRB utilizes Form BA-11 or its electronic equivalent(s) to obtain gross earnings information from railroad employers. Employers have the option of preparing and submitting BA-11 reports on paper, (or in like format) on magnetic tape cartridges and PC diskettes, or by File Transfer Protocol (FTP) or secure E-mail. Completion is mandatory. One response is requested of each respondent. The RRB proposes no changes to Form BA-11. The RRB estimates the completion time for BA-11 information as follows: 5 hours for BA-11 responses submitted via File Transfer Protocol and magnetic tape and 30 minutes for BA-11's submitted via paper, diskette, and secure E-mail. The annual respondent burden for the information collection is estimated at 169 responses and 121 burden hours. 5. Title and Purpose of Information Collection. Application and Claim for Unemployment Benefits and Employment Service; OMB 3220-0022. Section 2 of the Railroad Unemployment Insurance Act (RUIA), provides unemployment benefits for qualified railroad employees. These benefits are generally payable for each day of unemployment in excess of four during a registration period (normally a period of 14 days). Section 12 of the RUIA provides that the RRB establish, maintain and operate free employment facilities directed toward the reemployment of railroad employees. The procedures for applying for the unemployment benefits and employment service and for registering and claiming the benefits are prescribed in 20 CFR 325. The RRB utilizes the following forms to collect the information necessary to pay unemployment benefits: Form UI-1 (or its Internet equivalent, Form UI-1 (Internet)), Application for Unemployment Benefits and Employment Service, is completed by a claimant for unemployment benefits once in a benefit year, at the time of first registration. Completion of Form UI-1 or UI-1 (Internet) also registers an unemployment claimant for the RRB's employment service. The RRB proposes no changes to Form UI-1 or UI-1 (Internet). The RRB also utilizes Form UI-3, (or its Internet equivalent Form UI-3 (Internet)) Claim for Unemployment Benefits for use in claiming unemployment benefits for days of unemployment in a particular registration period, normally a period of 14 days. The RRB proposes no changes to Form UI-3 or UI-3 (Internet). Completion of Forms UI-1, UI-1 (Internet), UI-3 and UI-3 (Internet) is required to obtain or retain benefits. The number of responses required of each claimant varies, depending on their period of unemployment. The RRB estimates that approximately 16,163 Form UI-1's (12,747 manual and 3,416 Internet) will be filed annually. Completion time for Form UI-1 and UI-1 (Internet) is estimated at 10 minutes. The RRB estimates that approximately 146,168 Form UI-3's (108,217 manual and 37,951 Internet) will be filed annually. Completion time for Form UI-3 and the UI-3 (Internet) is estimated at 6 minutes. The total annual respondent burden for the information collection is estimated at 162,331 responses and 17,311 burden hours. Additional Information or Comments: To request more information regarding any of the information collections listed above or to obtain copies of the information collection justifications, forms, and/or supporting material, please call the RRB Clearance Officer at (312) 751-3363 or send an e-mail request to Charles.Mierzwa@RRB.GOV. Comments regarding the information collections should be sent to Patricia A. Henaghan, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611-2092 or send an e-mail to Patricia.Henaghan@RRB.GOV. Comments should be received within 60 days of this notice.

In the Federal Register of March 15, 2010, the Consumer Product Safety Commission (``CPSC'' or ``Commission'') issued a proposed interpretive rule that would interpret the term ``public accommodations facility'' as used in the Virginia Graeme Baker Pool and Spa Safety Act (``VGB Act'' or ``Act'') as ``an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor'' (75 FR 12167). The Commission is withdrawing the March 15, 2010 proposed interpretive rule and, elsewhere in this issue of the Federal Register, is issuing a new proposed interpretive rule with a 60-day comment period which would interpret ``public accommodations facility'' as ``an inn, hotel, motel, or other place of lodging, including but not limited to, rental units rented on a bi-weekly or weekly basis.''

As required by the Privacy Act of 1974, 5 U.S.C. 552a(e)(4), notice is hereby given that the Department of Veterans Affairs (VA) proposes to amend the three existing systems of records known as ``Veterans and Armed Forces Personnel Programs of Government Life InsuranceVA'' (36VA00) as last updated and set forth in the Federal Register at 59 FR 38035 (July 26, 1994); ``Veterans, Beneficiaries, and Attorneys United States Government Insurance Award RecordsVA'' (46VA00) as last updated and set forth in the Federal Register at 50 FR 50033 (December 6, 1985); and ``Veterans Mortgage Life InsuranceVA'' (53VA00) as last updated and set forth in the Federal Register at 59 FR 10455 (March 4, 1994) into one system of records. When this notice is approved and published in the Federal Register, the three systems of records referenced above will be deleted. This amendment will consolidate the three current systems of records 36VA00, 46VA00, and 53VA00 into one system under the designation of ``Veterans and Uniformed Services Personnel Programs of U.S. Government Life InsuranceVA'' (36VA29). This amendment includes updates reflecting current terminology, records usage, policies, managing office location, and storage and retrieval technology. We proposed to combine these changes as an amended and consolidated system of records entitled ``Veterans and Uniformed Services Personnel Programs of U.S. Government Life InsuranceVA'' (36VA29). VA is republishing this system of records in its entirety.

The U.S. Army Corps of Engineers (Corps) is proposing to amend its regulations to establish one new danger zone in Pamlico Sound near Marine Corps Air Station Cherry Point, North Carolina. Establishment of this danger zone will enable the Marine Corps to control access and movement of persons, vessels, and objects within the danger zone during live fire training exercises.

The Advisory Committee on Bankruptcy Rules and the Advisory Committee on Criminal Rules have proposed amendments to the following rules and forms:

The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the Oakland/Southwest Airport from aeronautical use to non-aeronautical use and to authorize the sale of the airport property. The proposal consists of the sale of vacant, unimproved land owned by the County of Oakland (County). The County has requested from FAA a ``Release from Federal agreement obligated land covenants'' to sell one (1) parcel and a portion of another parcel of property acquired by the County without Federal funding. The above mentioned land is not needed for aeronautical use, as shown on the Airport Layout Plan. There are no impacts to the airport by allowing the County to dispose of the vacant property. Approval does not constitute a commitment by the FAA to financially assist in the disposal of the airport property nor a determination of eligibility for grant-in-aid funding from the FAA. The disposition of proceeds from the disposal of the airport property will be in accordance with FAA's Policy and Procedures Concerning the Use of Airport Revenue, published in the Federal Register on February 16, 1999. In accordance with section 47107(h) of title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.

U.S. Agency for International Development (USAID) has submitted the following information collection to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding this information collection are best assured of having their full effect if received within 30 days of this notification, Comments should be sent via e-mail to Ross_A._ Rutledge@omb.eop.gov or fax to 202-395-3086. Copies of submission may be obtained by calling (202) 712-1365.

U.S. Agency for International Development (USAID) has submitted the following information collection to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding this information collection are best assured of having their full effect if received within 30 days of this notification. Comments should be sent via e-mail to Ross_A._ Rutledge@omb.eop.gov or fax to 202-395-3086. Copies of submission may be obtained by calling (202) 712-1365.

This proposed rule would revise the requirements that an institution would have to meet in order to qualify to participate as a skilled nursing facility (SNF) in the Medicare program, or as a nursing facility (NF) in the Medicaid program. We are proposing these requirements to ensure that long-term care (LTC) facilities (that is, SNFs and NFs) that chose to arrange for the provision of hospice care through an agreement with one or more Medicare-certified hospice providers would have in place a written agreement with the hospice that specified the roles and responsibilities of each entity.

The Federal Aviation Administration (FAA) is announcing the availability of Advisory Circular (AC) 187-1D which transmits an updated schedule of charges for services of FAA Flight Standards Aviation Safety Inspectors outside the United States. The advisory circular has been updated in accordance with the procedures listed in 14 CFR part 187, Appendix A.

This notice advises the public that the Bureau of Indian Affairs (BIA) is making available for public review the Final Environmental Impact Statement (FEIS) for the proposed conveyance of 125 acres of land that is currently held by the Cayuga Nation of New York in fee status into trust status. The uses of the properties, which include two convenience stores, would not change. The application includes two properties that have been used for Class II Indian gaming, operational at the time of the application, on one property in Seneca County and one property in Cayuga County. The Class II Indian gaming on the Cayuga Reservation would be expected to resume if the properties are placed into trust. The cooperating agencies for the proposal are the Cayuga Nation, Seneca County, Cayuga County and New York State Department of Environmental Conservation. The purpose of the proposed action is to create a tribal land base and to help meet the Nation's socio-economic needs.

The Gates of the Arctic National Park SRC will meet to develop and continue work on NPS subsistence hunting program recommendations and other related subsistence management issues. The NPS SRC program is authorized under Title VIII, Section 808 of the Alaska National Interest Lands Conservation Act, Public Law 96-487, to operate in accordance with the provisions of the Federal Advisory Committee Act. Public Availability of Comments: This meeting is open to the public and will have time allocated for public testimony. The public is welcome to present written or oral comments to the SRC. This meeting will be recorded and meeting minutes will be available upon request from the park superintendent for public inspection approximately six weeks after each meeting. Before including your address, telephone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire commentincluding your personal identifying informationmay be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Gates of the Arctic National Park SRC Meeting Date and Location: The Gates of the Arctic National Park SRC meeting will be held on Tuesday, November 9, 2010, and Wednesday, November 10, 2010, from 9 a.m. to 5 p.m. at Sophie Station Hotel, 1717 University Avenue, Fairbanks, AK 99709, (907) 479-3650. The meeting may end early if all business is completed. For Further Information On the Gates of the Arctic National Park SRC Meeting Contact: Dave Krupa, Subsistence Manager, (907) 455-0631, Gates of the Arctic National Park and Preserve, 4175 Geist Road, Fairbanks, AK 99703, or Clarence Summers, Subsistence Manager, NPS Alaska Regional Office, at (907) 644-3603. Proposed SRC Meeting Agenda: The proposed meeting agenda includes the following: