January 26, 2011 – Federal Register Recent Federal Regulation Documents
Results 1 - 31 of 31
Safety Zone; Underwater Hazard, Gravesend Bay, Brooklyn, NY
The Coast Guard is establishing a temporary safety zone on the waters of Gravesend Bay, Brooklyn, New York. This rule is necessary to provide for the safety of life and property on the navigable waters. This rule is intended to restrict unauthorized persons and vessels from traveling through or conducting underwater activities within a portion of Gravesend Bay until recently discovered military munitions are rendered safe and removed from the area.
Income Level for Individuals Eligible for Assistance
The Legal Services Corporation (``Corporation'') is required by law to establish maximum income levels for individuals eligible for legal assistance. This document updates the specified income levels to reflect the annual amendments to the Federal Poverty Guidelines as issued by the Department of Health and Human Services.
Mefenoxam; Pesticide Tolerances
This regulation establishes tolerances for residues of mefenoxam in or on multiple commodities which are identified and discussed later in this document. This regulation additionally removes the individual tolerance on lingonberry, as it will be superseded by inclusion in bushberry subgroup 13-07B. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Notice of Establishment of the Wholesale Pork Reporting Negotiated Rulemaking Committee; Notice of Meeting
As required by section 564 of the Negotiated Rulemaking Act, the Department of Agriculture (USDA), Agricultural Marketing Service (AMS) is giving notice of the establishment of the Wholesale Pork Reporting Negotiated Rulemaking Committee (Committee) to develop proposed language to amend the Livestock Mandatory Reporting regulations to implement mandatory pork price reporting. USDA has determined that the establishment of this Committee is in the public interest and will assist AMS in performing its duties under the Mandatory Price Reporting Act of 2010 (2010 Reauthorization Act) (Pub. L. 111-239). This document also announces the first meeting of the Committee.
Safety Zone; 500 Yards North and South, Bank to Bank, of Position 29°48.77′ N 091°33.02′ W, Charenton Drainage and Navigation Canal, St. Mary Parish, LA
The Coast Guard is establishing a temporary safety zone extending 500 yards North and South, bank to bank, of position 29[deg]48.77' N 091[deg]33.02' W, Charenton Drainage and Navigation Canal, St. Mary Parish, LA. This Safety Zone is needed to protect the general public, vessels and tows from destruction, loss or injury due to a sunken vessel and associated hazards.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Pot Gear in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by pot catcher/processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season allowance of the 2011 Pacific cod total allowable catch (TAC) specified for pot catcher/processors in the BSAI.
Hawaii Crustacean Fisheries; 2011 Northwestern Hawaiian Islands Lobster Harvest Guideline
NMFS announces that the annual harvest guideline for the commercial lobster fishery in the Northwestern Hawaiian Islands (NWHI) for calendar year 2011 is established at zero lobsters.
Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program
On December 30, 2010, EPA published in the Federal Register our proposed Determination Concerning the Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding the Texas Prevention of Significant Deterioration (PSD) program. In the proposal, EPA stated that public comments were to be submitted by February 12, 2011, which falls on a Saturday. In order to avoid confusion and ensure that the public is aware that it may submit comments as late as February 14, 2011, which is a Monday, EPA is extending the public comment period until February 14, 2011.
Declaration of Prion as a Pest Under FIFRA and Amendment of EPA's Regulatory Definition of Pests To Include Prion
EPA proposes to declare a prion (i.e., proteinaceous infectious particle) a ``pest'' under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and to amend its regulations to expressly include prion within the regulatory definition of pest. EPA currently considers a prion to be a pest under FIFRA, so a product intended to reduce the infectivity of any prion on inanimate surfaces (i.e., a ``prion-related product'') is considered to be a pesticide and regulated as such. Any company seeking to distribute or sell a pesticide product regulated under FIFRA must obtain a section 3 registration, section 24(c) registration, or a section 18 emergency exemption before it can be distributed or sold in the United States. This proposed rule would codify the Agency's current interpretation of FIFRA, and provides interested parties the opportunity to comment about how it is adding prion to the list of pests in the regulatory definition of pest. This amendment, together with the formal declaration that a prion is a pest, will eliminate any confusion about the status of prion-related products under FIFRA. Codifying the Agency's current interpretation of FIFRA will not change the manner in which EPA currently regulates prion-related products under FIFRA sections 3, 24(c) and 18. Regulating prion-related products under FIFRA is appropriate for protecting human health and the environment against unreasonable adverse effects and ensuring that such products are effective.
Testing of Certain High Production Volume Chemicals; Second Group of Chemicals; Technical Correction
EPA issued a final rule in the Federal Register issue of January 7, 2011, concerning testing of certain high production volume (HPV) chemical substances to obtain screening level data for health and environmental effects and chemical fate. This document is being issued to correct a typographical error concerning the required date of submission for letters of intent to test and exemption applications. The correct date by which EPA must receive a letter of intent to test or an exemption application from manufacturers (including importers) in Tier 1 is March 9, 2011.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Non-American Fisheries Act Crab Vessels Harvesting Pacific Cod for Processing by the Offshore Component in the Central Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for Pacific cod by non- American Fisheries Act (AFA) crab vessels that are subject to sideboard limits harvesting Pacific cod for processing by the offshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2011 Pacific cod sideboard limit established for non-AFA crab vessels harvesting Pacific cod for processing by the offshore component in the Central Regulatory Area of the GOA.
Approval and Promulgation of Air Quality Implementation Plan; Alabama; Disapproval of Interstate Transport Submission for the 2006 24-Hour PM2.
On September 23, 2009, the State of Alabama, through the Alabama Department of Environmental Management (ADEM), provided a letter to EPA with certification that Alabama's state implementation plan (SIP) meets the interstate transport requirements with regard to the 2006 24-hour particulate matter (PM2.5) national ambient air quality standard (NAAQS). Specifically, the interstate transport requirements under the Clean Air Act (CAA or Act) prohibit a state's emissions from significantly contributing to nonattainment or interfering with the maintenance of the NAAQS in any other state. In this action, EPA is proposing to disapprove the portion of Alabama's September 23, 2009, submission which was intended to meet the requirement to address interstate transport for the 2006 24-hour PM2.5 NAAQS.
Approval and Promulgation of Air Quality Implementation Plans; Georgia; Disapproval of Interstate Transport Submission for the 2006 24-Hour PM2.
On October 21, 2009, the State of Georgia, through the Georgia's Environmental Protection Division (GA EPD), provided a letter to EPA with certification that the Georgia state implementation plan (SIP) meets the interstate transport requirements with regard to the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). Specifically, the interstate transport requirements under the Clean Air Act (CAA or Act) prohibit a state's emissions from significantly contributing to nonattainment or interfering with the maintenance of the NAAQS in any other state. In this action, EPA is proposing to disapprove the portion of Georgia's October 21, 2009, submission which was intended to meet the requirement to address interstate transport for the 2006 24-hour PM2.5 NAAQS.
Approval and Promulgation of Air Quality Implementation Plans; Kentucky; Disapproval of Interstate Transport Submission for the 2006 24-Hour PM2.
On September 8, 2009, Kentucky's Energy and Environment Cabinet, through the Kentucky Division for Air Quality (KDAQ), provided a letter to EPA with certification that Kentucky's State implementation plan (SIP) meets the interstate transport requirements with regard to the 2006 24-hour particulate matter (PM2.5) national ambient air quality standard (NAAQS). Specifically, the interstate transport requirements under the Clean Air Act (CAA or Act) prohibit a State's emissions from significantly contributing to nonattainment or interfering with the maintenance of the NAAQS in any other State. In this action, EPA is proposing to disapprove the portion of Kentucky's September 8, 2009, submission which was intended to meet the requirement to address interstate transport for the 2006 24-hour PM2.5 NAAQS.
Approval and Promulgation of Air Quality Implementation Plan; North Carolina; Disapproval of Interstate Transport Submission for the 2006 24-Hour PM2.
On September 21, 2009, the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (NC DENR), provided a letter to EPA with certification that North Carolina's state implementation plan (SIP) meets the interstate transport requirements with regard to the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). Specifically, the interstate transport requirements under the Clean Air Act (CAA or Act) prohibit a state's emissions from significantly contributing to nonattainment or interfering with the maintenance of the NAAQS in any other state. In this action, EPA is proposing to disapprove the portion of North Carolina's September 21, 2009, submission which was intended to meet the requirement to address interstate transport for the 2006 24-hour PM2.5 NAAQS.
Approval and Promulgation of Air Quality Implementation Plan; New Jersey and New York; Disapproval of Interstate Transport State Implementation Plan Revision for the 2006 24-Hour PM2.
Pursuant to our authority under the Clean Air Act (CAA), EPA is proposing to disapprove the New Jersey and the New York State Implementation Plan (SIP) revisions submitted to address significant contribution to nonattainment or interference with maintenance in another State with respect to the 2006 24-hour fine particle (PM2.5) national ambient air quality standards (NAAQS). On January 20, 2010, New Jersey submitted a SIP revision to address section 110(a)(2)(D)(i) of the CAA concerning interstate transport requirements, and sections 110(a)(1) and (2) of the CAA concerning infrastructure requirements. On March 23, 2010, New York submitted a SIP revision to address the section 110(a)(2)(D)(i) of the CAA concerning interstate transport, and sections 110(a)(1) and (2) of the CAA concerning infrastructure SIP requirements. In this action, EPA is proposing to disapprove the portion of the New Jersey and the New York SIP revisions that addresses the section 110(a)(2)(D)(i)(I) requirement prohibiting a State's emissions from significantly contributing to nonattainment or interfering with maintenance of the NAAQS in any other State. The rationale for the disapproval action of the SIP revision is described in this proposal.
Drawbridge Operation Regulations; Oakland Inner Harbor Tidal Canal, Oakland/Alameda, CA, Schedule Change
The Coast Guard is withdrawing its notice of proposed rulemaking (NPRM), to change the operation of the Alameda County and the Army Corps of Engineers owned drawbridges crossing the Oakland Inner Harbor Tidal Canal, between Oakland and Alameda, California. The proposed change would have allowed the drawbridges to open for vessels upon four hours advance notice for openings between the hours 4:30 p.m. and 9 a.m. daily. With the exception of Federal Holidays, openings at all other times would have been on signal except during interstate rush hours, 8 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m., Monday through Friday, when the drawbridges need not be opened for vessels. The proposed change was requested by Alameda County to reduce the drawbridge staffing requirements during periods of reduced openings. The NPRM is being withdrawn because of the opposing comments received from the various sources including the primary waterway users that transit the drawbridges.
Safety Zone; Repair of High Voltage Transmission Lines to Logan International Airport, Saugus River, Saugus, MA
The Coast Guard is proposing to establish a temporary safety zone on the Saugus River, Lynn, Massachusetts, within the Captain of the Port (COTP) Boston Zone to allow for repair of high voltage transmission lines to Logan Airport. This safety zone is required to provide for the safety of life on navigable waters during the repair of high voltage transmission lines. Entering into, transiting through, mooring or anchoring within this zone is prohibited unless authorized by the COTP.
Authority To Require Supervision and Regulation of Certain Nonbank Financial Companies
Section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``DFA'') provides the Financial Stability Oversight Council (the ``Council'') the authority to require that a nonbank financial company be supervised by the Board of Governors of the Federal Reserve System (``Board of Governors'') and be subject to prudential standards in accordance with Title I of the DFA if the Council determines that material financial distress at such a firm, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the firm, could pose a threat to the financial stability of the United States. The proposed rule describes the criteria that will inform, and the processes and procedures established under the DFA for, the Council's designation of nonbank financial companies under the DFA. The Council, on October 6, 2010, issued an advance notice of proposed rulemaking regarding the designation criteria in section 113.
Disclosure for Asset-Backed Securities Required by Section 943 of the Dodd-Frank Wall Street Reform and Consumer Protection Act
Pursuant to Section 943 of the Dodd-Frank Wall Street Reform and Consumer Protection Act,\1\ we are adopting new rules related to representations and warranties in asset-backed securities offerings. The final rules require securitizers of asset-backed securities to disclose fulfilled and unfulfilled repurchase requests. Our rules also require nationally recognized statistical rating organizations to include information regarding the representations, warranties and enforcement mechanisms available to investors in an asset-backed securities offering in any report accompanying a credit rating issued in connection with such offering, including a preliminary credit rating.
Approval and Disapproval and Promulgation of Air Quality Implementation Plans; Colorado; Revisions to Regulation 1
EPA is partially approving and partially disapproving a State Implementation Plan (SIP) revision submitted by the State of Colorado regarding its Regulation 1. Regulation 1 provides certain emission controls for opacity, particulates, carbon monoxide and sulfur dioxide. The revision involves the deletion of obsolete, the adoption of new, and the clarification of ambiguous provisions within Regulation 1. The intended effect of EPA's action is to make Federally enforceable the revised portions of Colorado's Regulation 1 that EPA is approving and to disapprove portions of the regulation that EPA deems are not consistent with the Clean Air Act. This action is being taken under section 110 of the Clean Air Act.
Revisions to Forms, Statements, and Reporting Requirements for Natural Gas Pipelines
In this Final Rule, the Federal Energy Regulatory Commission (Commission) is revising its financial forms, statements, and reports for natural gas companies, contained in FERC Form Nos. 2, 2-A, and 3-Q, to include functionalized fuel data on pages 521a through 521c of those forms, and to include on those forms the amount of fuel waived, discounted or reduced as part of a negotiated rate agreement. For consistency, the Commission also is revising page 520. The revisions are designed to enhance the forms' usefulness by providing greater transparency as to fuel data.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Adoption of Control Techniques Guidelines for Flat Wood Paneling Coatings
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Maryland. This SIP revision includes amendments to Maryland's regulation for Volatile Organic Compounds from Specific Processes, and meets the requirement to adopt Reasonably Available Control Technology (RACT) for sources covered by EPA's Control Techniques Guidelines (CTG) for flat wood paneling coatings. These amendments will reduce emissions of volatile organic compound (VOC) from flat wood coating facilities. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Adoption of Control Techniques Guidelines for Flat Wood Paneling Coatings
EPA is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the Maryland Department of the Environment (MDE). This SIP revision includes amendments to Maryland's regulation for Volatile Organic Compounds from Specific Processes, and meets the requirement to adopt Reasonably Available Control Technology (RACT) for sources covered by EPA's Control Techniques Guidelines (CTG) standards for flat wood paneling coatings. These amendments will reduce emissions of volatile organic compound (VOC) emissions from flat wood coating facilities. Therefore, this revision will help Maryland attain and maintain the national ambient air quality standard (NAAQS) for ozone. This action is being taken under the Clean Air Act (CAA).
Market-Based Rate Affiliate Restrictions
The Federal Energy Regulatory Commission (Commission) withdraws a notice of proposed rulemaking, which proposed to amend its regulations governing market-based rates for public utilities pursuant to section 205 of the Federal Power Act (FPA) to include in the regulatory text the clarification that employees that determine the timing of scheduled outages or that engage in economic dispatch, fuel procurement or resource planning may not be shared under the market- based rate affiliate restrictions codified in Order No. 697.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Adoption of the Revised Lead Standards and Related Reference Conditions, and Update of Appendices
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia for the purpose of adding the primary and secondary lead standards of 0.15 micrograms per cubic meter ([mu]g/m\3\), related reference conditions, and update the list of appendices under ``Documents Incorporated by Reference.'' In the Final Rules section of this Federal Register, EPA is approving the Commonwealth's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Adoption of the Revised Lead Standards and Related Reference Conditions, and Update of Appendices
EPA is taking direct final action to approve revisions to the Commonwealth of Virginia State Implementation Plan (SIP). The revisions add the primary and secondary lead standards of 0.15 micrograms per cubic meter ([mu]g/m\3\), related reference conditions, and update the list of appendices under ``Documents Incorporated by Reference.'' Virginia's SIP revisions for the national ambient air quality standards (NAAQS) for lead are consistent with the Federal lead standards. This action is being taken under the Clean Air Act (CAA).
Airworthiness Directives; The Boeing Company Model 737-600, -700, -700C, -800, and -900 Series Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD would require an inspection of the orientation of both sides of the coil cord connector keyways of the number 2 windows on the flight deck, re-clocking the connector keyways to 12 o'clock if necessary; and replacing the coil cord assemblies on both number 2 windows on the flight deck. This proposed AD was prompted by reports of arcing and smoke at the number 2 window in the flight deck. We are proposing this AD to prevent arcing, smoke, and fire in the flight deck, which could lead to injuries to or incapacitation of the flight crew.
Denial of the Petitions To Reconsider the Final Rule Promulgating the Primary National Ambient Air Quality Standard for Sulfur Dioxide
The Environmental Protection Agency (EPA, or Agency) is denying the petitions to reconsider the final revised primary national ambient air quality standard (NAAQS) for oxides of sulfur as measured by sulfur dioxide (SO2) issued under section 109 of the Clean Air Act (CAA). The final revised SO2 Primary NAAQS was published on June 22, 2010, and became effective on August 23, 2010. EPA has carefully reviewed all of the petitions and revisited both the rulemaking record and the Administrator's decision process underlying the final revised SO2 Primary NAAQS in light of these petitions. EPA's analysis of the petitions reveals that the petitions have provided inadequate and generally irrelevant arguments and evidence that the underlying information supporting the final revised SO2 Primary NAAQS is flawed, misinterpreted or inappropriately applied by EPA. The petitioners' arguments fail to meet the criteria for reconsideration under the Clean Air Act.
Position Limits for Derivatives
Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (``Dodd-Frank Act'') requires the Commodity Futures Trading Commission (``Commission'' or ``CFTC'') to establish position limits for certain physical commodity derivatives. The Commission is proposing to simultaneously establish position limits and limit formulas for certain physical commodity futures and option contracts executed pursuant to the rules of designated contract markets (``DCM'') and physical commodity swaps that are economically equivalent to such DCM contracts. In compliance with the requirements of the Dodd- Frank Act, the CFTC is also proposing aggregate position limits that would apply across different trading venues to contracts based on the same underlying commodity. The Commission is proposing to establish position limits in two phases: The first phase would involve adopting current DCM spot-month limits, while the second phase would involve establishing non-spot-month limits based on open interest levels as well as establishing Commission-determined spot-month limits. The proposal includes exemptions for bona fide hedging transactions and for positions that are established in good faith prior to the effective date of specific limits that could be adopted pursuant to final regulations. This notice of rulemaking also proposes new account aggregation standards, visibility regulations that are similar to current reporting obligations for large bona fide hedgers, and new regulations establishing requirements and standards for position limits and accountability rules that are implemented by registered entities. The Commission solicits comment on any aspect of the proposal. The Commission also solicits comment on particular issues throughout the preamble.
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