December 9, 2010 – Federal Register Recent Federal Regulation Documents

NMFS issues this temporary rule to delay the effective date of the area closure for snapper-grouper specified in Amendment 17A to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). The area closure will become effective on January 3, 2011, through the final rule that implements Amendment 17A. A Southeast Data Assessment and Review (SEDAR) benchmark stock assessment for red snapper (SEDAR 24) was just completed on October 25, 2010, and was reviewed by the South Atlantic Fishery Management Council's (Council's) Scientific and Statistical Committee (SSC) during its meeting from November 9-11, 2010. The new stock assessment still shows red snapper to be overfished and undergoing overfishing, however, the rate of overfishing found in SEDAR 24 is less than the rate of overfishing found in the previous stock assessment (SEDAR 15). The SSC concluded that, based on SEDAR 24, the snapper-grouper area closure approved in Amendment 17A is more conservative that what is needed to end overfishing of red snapper. Temporarily delaying the effective date of the snapper-grouper area closure specified in Amendment 17A will allow the Council time to respond to the new stock assessment information through a regulatory amendment, which will be discussed at the Council's December meeting. This emergency action is necessary to mitigate negative socioeconomic impacts associated with the snapper- grouper area closure on South Atlantic snapper-grouper fishermen and to ensure the area closure is based upon the best scientific information available.

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

Section 1211 of the Housing and Economic Recovery Act of 2008 (HERA) amended the Federal Home Loan Bank Act (Bank Act) to expand the types of eligible collateral that community financial institution (CFI) members may pledge to secure Federal Home Loan Bank (Bank) advances to include secured loans for community development activities and to allow Banks to make long term advances to CFI members for purposes of financing community development activities. Section 1211 further provides that the Federal Housing Finance Agency (FHFA) shall define the term ``community development activities'' by regulation. To implement these provisions, FHFA is amending the advances regulation to allow CFI members to pledge community development loans as collateral for advances and is adopting a definition of ``community development'' as proposed. The final rule also will transfer the advances and new business activities rules from parts 950 and 980 of the Federal Housing Finance Board (FHFB) regulations, to new parts 1266 and 1272 of the FHFA regulations, respectively, and make other conforming amendments. Finally, the final rule will make a change to the advances regulation to incorporate a long-standing policy previously established by the FHFB that secured lending to a member of any Bank is an advance that must meet the requirements of the advances regulation. The final rule language has been clarified to assure that certain types of transactions, such as derivatives, will not be considered secured lending for the purposes of this provision. The new provision addressing secured lending does not include a prohibition on secured transactions with affiliates of members, as was initially proposed.

NMFS issues this final rule to implement Amendment 17A to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule establishes an annual catch limit (ACL) of zero for red snapper, which means all harvest and possession of red snapper in or from the South Atlantic exclusive economic zone (EEZ) is prohibited, and for a vessel with a Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper, harvest and possession of red snapper is prohibited in or from State or Federal waters. This rule also implements an area closure for South Atlantic snapper-grouper that extends from southern Georgia to northern Florida where harvest and possession of all snapper-grouper species is prohibited (except when fishing with black sea bass pots or spearfishing gear for species other than red snapper), and requires the use of non-stainless steel circle hooks when fishing for snapper-grouper species with hook and line gear north of 28[deg] N. latitude in the South Atlantic EEZ. Additionally, Amendment 17A establishes a rebuilding plan for red snapper and requires a monitoring program as the accountability measure (AM) for red snapper. The intended effects of this rule are to end overfishing of South Atlantic red snapper and rebuild the stock.

The Environmental Protection Agency is required to set the renewable fuel standards each November for the following year based on gasoline and diesel projections from the Energy Information Administration (EIA). Additionally, EPA is required to set the cellulosic biofuel standard each year based on the volume projected to be available during the following year, if the projected volume is less than the applicable volume provided in the statute. These cellulosic biofuel volume projections are to be based in part on EIA projections as well as assessments of production capability from industry. This action establishes annual percentage standards under Clean Air Act section 211(o) for cellulosic biofuel, biomass-based diesel, advanced biofuel, and renewable fuels that apply to all gasoline and diesel produced or imported in calendar year 2011. We have determined that the applicable volume of cellulosic biofuel on which the percentage standard should be based is 6.0 million ethanol-equivalent gallons. We believe that available volumes of cellulosic biofuel could be significantly higher in 2012. This action also finalizes two changes to the Renewable Fuel Standard program regulations: modifications to the delayed RINs provision which provides a temporary and limited means for certain renewable fuel producers to generate RINs after they have produced and sold renewable fuel, and a new process for parties to petition EPA to authorize use of an aggregate approach to compliance with the renewable biomass provision for foreign feedstocks akin to that applicable to the U.S. Finally, this action makes two administrative announcements, one regarding the price for cellulosic biofuel waiver credits for 2011, and another regarding the status of the aggregate compliance provision for domestic crops.