January 31, 2011 – Federal Register Recent Federal Regulation Documents

NMFS announces that it is establishing a new control date to control future access to the king and Spanish mackerel components of the coastal migratory pelagics fishery operating in the exclusive economic zone (EEZ) of the South Atlantic. If changes to the management regime are developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), a control date could be used to further limit the number of participants in the fishery. This announcement is intended, in part, to promote awareness of the potential eligibility criteria for future access so as to discourage speculative entry into the fishery while the South Atlantic Fishery Management Council (Council) and NMFS consider whether and how access to the fishery should be controlled.

EPA has determined that the Columbia Falls and Libby nonattainment areas in Montana attained the National Ambient Air Quality Standard (NAAQS) for particulate matter with an aerodynamic diameter of less than or equal to a nominal ten micrometers (PM10) as of December 31, 1994.

This action proposes to amend Class E airspace at Raton, NM. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Raton Municipal Airport/Crews Field. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.

This action proposes to amend Class E airspace at Terre Haute, IN. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Union Hospital Heliport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the heliport. This action also would change the name of Hulman Regional Airport and amend the geographic coordinates.

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.

This action proposes to amend Class E airspace at Bedford, IN. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Bedford Medical Center Heliport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.

NMFS announces that the Delmarva Scallop Access Area will close to LAGC IFQ scallop vessels for the remainder of the 2010 fishing year. Therefore, as of the effective date, no scallop vessel fishing under LAGC IFQ regulations may declare its intent to enter, or fish in the Delmarva Scallop Access Area. This action is based on the determination that 714 general category scallop trips into the Delmarva Access Area are projected to be taken as of 0001 hours, January 29, 2011. This action is being taken to prevent the allocation of LAGC IFQ trips in the Delmarva Scallop Access Area from being exceeded during the 2010 fishing year, in accordance with the regulations implementing Framework 21 to the Atlantic Sea Scallop Fishery Management Plan (FMP) and the Magnuson- Stevens Fishery Conservation and Management Act.

This action extends the comment period for an NPRM that was published on November 5, 2010. In that document, the FAA proposed to require each certificate holder operating under 14 CFR part 121 to develop and implement a safety management system (SMS) to improve its aviation related activities. Several trade and membership organizations representing various aviation industry segments have requested that the FAA extend the comment period closing date to allow time to adequately analyze the NPRM and prepare comments.

EPA is approving Wisconsin's revision to its State Implementation Plan (SIP), which updates its ambient air quality standards for fine particulates to conform with current Federal ambient air quality standards for the same criteria air pollutants. EPA received comments on its April 8, 2010, proposed rule and withdrew the accompanying Direct Final Rule. After considering the comments, EPA is approving the revisions to the Wisconsin SIP as requested by the State on September 11, 2009.

The Department of Homeland Security (DHS) announces the reopening and extension of the public comment period for the interim rule entitled ``Professional Conduct for Practitioners: Rules, Procedures, Representations, and Appearances.'' The interim rule was published on February 2, 2010, comments were accepted until March 4, 2010, and the rule was effective on March 4, 2010. To provide the public with optimum opportunity to comment on the interim rule, DHS will reopen the comment period for an additional 30 days. DHS will consider comments received during the entire public comment period in its development of the final rule.

The Coast Guard is establishing a temporary safety zone on the Beaufort River portion of the Atlantic Intracoastal Waterway, South Carolina during construction and expansion of the J.E. McTeer Bridge, also referred to as the S.C. 802 Bridge. This regulation is necessary to protect life and property on the navigable waters of the Beaufort River during construction and expansion of the J.E. McTeer Bridge. Persons and vessels will be prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative.

In this document, the Commission grants a petition for rulemaking filed by Local TV Alabama License, LLC, the licensee of station WHNT-TV, Huntsville, Alabama. Local TV requests the substitution of channel 19 for channel 46 at Huntsville, Alabama.

EPA is amending its regulations to remove language which narrowed its previous approval of Mississippi's New Source Review (NSR) Prevention of Significant Deterioration (PSD) program regarding emission thresholds for determining which new stationary sources and modification projects become subject to Mississippi's PSD permitting requirements for their greenhouse gas (GHG) emissions. On December 9, 2010, the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ), provided a revision to its State Implementation Plan (SIP) to establish appropriate thresholds for determining which new stationary sources and modification projects become subject to permitting requirements for GHG emissions in Mississippi. EPA has taken final action to approve Mississippi's December 9, 2010, SIP revision, and this makes EPA's narrowing of its previous approval of Mississippi's PSD program as it relates to GHG permitting thresholds unnecessary. Today's action removes the regulatory language related to the narrowing action that is no longer applicable to Mississippi as a result of EPA's approval of Mississippi's December 9, 2010, SIP revision. Because this action is ministerial, EPA is applying the ``good cause'' exemption from public notice and comment requirements under the Administrative Procedure Act (APA).

EPA is taking direct final action to approve revisions to the Santa Barbara Air Pollution Control District (SBAPCD), Antelope Valley Air Quality Management District (AVAQMD), Ventura County Air Pollution Control District (VCAPCD) and Placer County Air Pollution Control District (PCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from gasoline bulk plants, terminals and vehicle dispensing facilities. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

We are proposing amendments to the accredited investor standards in our rules under the Securities Act of 1933 to reflect the requirements of Section 413(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 413(a) requires the definitions of ``accredited investor'' in our Securities Act rules to exclude the value of a person's primary residence for purposes of determining whether the person qualifies as an ``accredited investor'' on the basis of having a net worth in excess of $1 million. This change to the net worth standard was effective upon enactment by operation of the Dodd- Frank statute, but Section 413(a) also requires us to revise our current Securities Act rules to reflect the new standard. We also are proposing technical amendments to Form D and a number of our rules to conform them to the language of Section 413(a) and to correct cross- references to former Section 4(6) of the Securities Act, which was renumbered Section 4(5) by Section 944 of the Dodd-Frank Act.