January 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.

The Department of the Treasury's Office of Foreign Assets Control (``OFAC'') is amending the Cuban Assets Control Regulations to continue efforts to reach out to the Cuban people in support of their desire to freely determine their country's future. These amendments implement policy changes announced by the President on January 14, 2011, designed to increase people-to-people contact, support civil society in Cuba, enhance the free flow of information to, from, and among the Cuban people, and help promote their independence from Cuban authorities. To implement these policy changes, OFAC is taking steps that build upon the President's April 2009 initiative to, among other things, allow for greater licensing of travel to Cuba for educational, cultural, religious, and journalistic activities and expand licensing of remittances to Cuba. These amendments also modify regulations regarding authorization of transactions with Cuban national individuals who have taken up permanent residence outside of Cuba, as well as implement certain technical and conforming changes.

The Commission has before it a petition for rulemaking filed by George S. Flinn, Jr., the licensee of station WWJX-DT, channel 51, Jackson, Mississippi, requesting the substitution of channel 23 for channel 51 at Jackson.

The Farm Service Agency (FSA) is amending the Farm Loan Programs (FLP) direct loan servicing regulations to implement provisions of the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). This rule implements four amendments to the direct loan servicing regulations. The first amendment further emphasizes transitioning borrowers to private sources of credit in the shortest time practicable. The second amendment amends the Homestead Protection lease regulations by extending the right to purchase the leased property to the lessee's immediate family when the lessee is a member of a socially disadvantaged group. The third amendment amends the account liquidation regulations to suspend certain loan acceleration and foreclosure actions, including suspending interest accrual and offsets, if a borrower has filed a claim of program discrimination that has been accepted as valid by USDA and the borrower's account is at the point of acceleration or foreclosure. The fourth amendment amends the supervised bank account regulations to make the FSA regulations on insurable account limits consistent with the regulations of the Federal Deposit Insurance Corporation.

EPA is providing notice of, and soliciting written comments on, a tentative determination to deny an administrative petition submitted by the Sierra Club under RCRA section 7004. EPA issued an earlier notice denying this same petition in November 2008. However, the Agency at that time failed to comply with notice and comment provisions in its regulations. Accordingly, we are now giving the public the opportunity to provide comments on this tentative decision. This petition requests EPA to reconsider the final rule, ``Regulation of Oil-Bearing Hazardous Secondary Materials from the Petroleum Refining Industry Processed in a Gasification System to Produce Synthesis Gas,'' published in the Federal Register on January 2, 2008. The EPA considered the petition, along with information contained in the rulemaking docket, and has tentatively decided to deny the petition. In a letter from EPA Assistant Administrator Mathy Stanislaus dated January 21, 2011, EPA provided the petitioner with its tentative decision to deny the petition for reconsideration. The letter explains EPA's reasons for tentatively deciding to deny the petition. After evaluating all public comments, as well as any other information in the rulemaking record, EPA will publish either a final denial of the petition or issue a proposed rule to amend or repeal the regulation.

We are superseding an existing airworthiness directive (AD) for Pratt & Whitney (PW) JT8D-1, -1A, -1B, -7, -7A, -7B, -9, -9A, -11, -15, -15A, -17, -17A, -17R, and -17AR series turbofan engines. That AD currently requires revisions to the engine manufacturer's time limits section (TLS) to include enhanced inspection of selected critical life- limited parts at each piece-part opportunity. This AD modifies the TLS of the manufacturer's engine manual and an air carrier's approved continuous airworthiness maintenance program to incorporate additional inspection requirements and reduce the model applicability. This AD was prompted by PW developing, and the FAA approving, improved inspection procedures for the critical life-limited parts. The mandatory inspections are needed to identify those critical rotating parts with conditions which, if allowed to continue in service, could result in uncontained failures. We are issuing this AD to prevent critical life- limited rotating engine part failure, which could result in an uncontained engine failure and damage to the airplane.

The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Seaway Regulations and Rules in various categories. The proposed changes will update the following sections of the Regulations and Rules: Condition of Vessels, and Preclearance and Security for Tolls. These proposed amendments are necessary to take account of updated procedures and will enhance the safety of transits through the Seaway. Several of the proposed amendments are merely editorial or for clarification of existing requirements.

EPA is proposing to grant a petition submitted by Gulf West Landfill, TX, LP. (Gulf West) to exclude (or delist) the landfill leachate generated by Gulf West in Anahuac, Texas from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software (DRAS) Version 3.0 in the evaluation of the impact of the petitioned waste on human health and the environment.

Due to the receipt of an adverse comment, EPA is withdrawing the December 15, 2010 (75 FR 78164), direct final rule making determinations under the Clean Air Act that the Milwaukee-Racine and Sheboygan, Wisconsin areas have attained the 1997 8-hour ozone National Ambient Air Quality Standard. The Milwaukee-Racine area includes Milwaukee, Ozaukee, Racine, Washington, Waukesha, and Kenosha Counties. The Sheboygan area includes Sheboygan County. In the direct final rule, EPA stated that if adverse comments were submitted by January 14, 2011, the rule would be withdrawn and not take effect. On January 14, 2011, EPA received a comment. EPA believes this comment is adverse and, therefore, EPA is withdrawing the direct final rule. EPA will address the comment in a subsequent final action based upon the proposed action also published on December 15, 2010 (75 FR 78197. EPA will not institute a second comment period on this action.

This rule implements the authority added by the SSI Extension for Elderly and Disabled Refugees Act of 2008 (``2008 Act''), as amended by the Claims Resolution Act of 2010 (2010 Act'') to offset overpayments of Federal taxes (referred to as ``tax refund offset'') to collect delinquent State unemployment compensation debts. The Department of the Treasury (Treasury) will incorporate the procedures necessary to collect State unemployment compensation debts as part of the Treasury Offset Program (TOP), a centralized offset program operated by the Financial Management Service (FMS), a Treasury bureau. FMS has promulgated a rule governing the offset of federal tax refunds to collect delinquent State income tax obligations. This rule amends FMS regulations to include unemployment compensation debts among the types of State debts that may be collected by tax refund offset. This rule does not affect any of the requirements or procedures for collecting delinquent State income tax obligations.

We are announcing receipt of a proposed amendment to the Maryland program (the ``Maryland program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) (Administrative Record No. 588.00). Maryland added provisions to regulate coal combustion byproducts (CCBs) and to establish requirements pertaining to the generation, storage, handling, processing, disposal, recycling, beneficial use, or other use of CCBs within the State. In total these regulations pertain to all CCB activities in the State, not just surface coal mining and reclamation operations. However, a section of the Code of Maryland Regulations (COMAR) specifically pertains to the surface coal mining and reclamation operations. The regulation specific to surface coal mining and reclamation operations is a new regulation, Regulation .08 under COMAR 26.20.24, Special Performance Standards. Maryland is requesting approval of this section that it submitted as an amendment on June 24, 2010. This document gives the times and locations that the Maryland submittal are available for your inspection, the comment period during which you may submit written comments, and the procedures that we will follow for the public hearing, if one is requested.