February 23, 2011 – Federal Register Recent Federal Regulation Documents
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Improving EPA Regulations
On January 18, 2011, President Obama issued Executive Order 13563, ``Improving Regulation and Regulatory Review,'' and called on all Federal agencies to conduct a ``retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome and to modify, streamline, expand, or repeal them in accordance with what has been learned.'' EPA seeks public input on the design of a plan to use for periodic retrospective review of its regulations.
Airworthiness Directives; B/E Aerospace, Continuous Flow Passenger Oxygen Mask Assembly, Part Numbers 174006-(), 174080-(), 174085-(), 174095-(), 174097-(), and 174098-()
We propose to adopt a new airworthiness directive (AD) for the products listed above, except for those that are currently affected by similar action through any of five ADs applicable to Boeing products. This proposed AD would require an inspection/records check to determine the manufacturer and part number of the oxygen mask assemblies installed, an inspection to determine the manufacturing date and modification status if certain oxygen mask assemblies are installed, and corrective action for certain oxygen mask assemblies. This proposed AD was prompted by a report that several oxygen mask assemblies with broken in-line flow indicators were found following a mask deployment. We are proposing this AD to prevent the in-line flow indicators of the oxygen mask assembly from fracturing and separating, which could inhibit oxygen flow to the masks. This condition could consequently result in occupants developing hypoxia following a depressurization event.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Thorne's Hairstreak Butterfly as Endangered
We, the U.S. Fish and Wildlife Service, announce a 12-month finding on a petition to list Thorne's hairstreak butterfly (Callophrys [Mitoura] gryneus thornei) as endangered under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that listing Thorne's hairstreak butterfly is not warranted at this time. However, we ask the public to submit to us any new information that becomes available concerning the threats to Thorne's hairstreak butterfly or its habitat at any time.
Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 Series Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Surety Bond Guarantee Program; Timber Sales
The Small Business Administration (SBA) is issuing this final rule to amend its Surety Bond Guarantee Program rules to guarantee bid and performance bonds for timber sale contracts awarded by the Federal Government or other public and private landowners.
Television Broadcasting Services; Kalispell, MT
The Commission has before it a petition for rulemaking filed by Montana State University, requesting that we add channel *46, Kalispell, Montana, which is already allotted to the Pre-Transition DTV table of Allotments, to the Post-Transition Table of DTV Allotments.
Regulation for the Enforcement of Federal Health Care Provider Conscience Protection Laws
The Department of Health and Human Services issues this final rule which provides that enforcement of the federal statutory health care provider conscience protections will be handled by the Department's Office for Civil Rights, in conjunction with the Department's funding components. This Final Rule rescinds, in part, and revises, the December 19, 2008 Final Rule entitled ``Ensuring That Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices in Violation of Federal Law'' (the ``2008 Final Rule''). Neither the 2008 final rule, nor this final rule, alters the statutory protections for individuals and health care entities under the federal health care provider conscience protection statutes, including the Church Amendments, Section 245 of the Public Health Service Act, and the Weldon Amendment. These federal statutory health care provider conscience protections remain in effect.
Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Requirements
EPA issued a proposed rule in the December 15, 2010, Federal Register proposing changes to the leak repair regulations promulgated under Section 608 of the Clean Air Act Amendments of 1990. In response to stakeholder requests, this action reopens the public comment period through March 25, 2011.
South American Cactus Moth; Territorial and Import Regulations
We are proposing to amend the Hawaiian and territorial quarantine regulations to prohibit the movement of South American cactus moth host material, including nursery stock and plant parts for consumption to the mainland and Guam from Hawaii, Puerto Rico, and the U.S. Virgin Islands, and to allow South American cactus moth host material to be moved among Hawaii, Puerto Rico, and the U.S. Virgin Islands. We are also proposing to amend the foreign quarantine regulations to prohibit the importation of South American cactus moth host material, including nursery stock and plant parts for consumption, from any country or portion of a country infested with South American cactus moth. These actions would help prevent the introduction or spread of South American cactus moth into noninfested areas of the United States, relieve unnecessary restrictions on movement of host material among infested areas of the United States, and provide consistency to the regulations.
National Environmental Policy Act Implementing Procedures
The U.S. Department of Energy (DOE) is re-opening the public comment period for proposed amendments to its regulations governing compliance with the National Environmental Policy Act (NEPA), made available for public comment on January 3, 2011 (76 FR 214). This is being done in response to a request on behalf of multiple organizations.
Drawbridge Operation Regulation; Chickasaw Creek, AL
The Commander, Eighth Coast Guard District, issued a temporary deviation from the regulation governing the operation of the CSX Railroad Swing Span Bridge across Chickasaw Creek, mile 0.0, in Mobile, Alabama. The deviation is necessary to replace railroad ties on the bridge. This deviation allows the bridge to remain closed for eight hours on March 8, 2011.
Amendment of Class E Airspace; Henderson, KY
This action corrects errors in the legal description of a final rule published in the Federal Register on December 20, 2010 that amends Class E airspace at Henderson, KY.
Removal and Amendment of Class E Airspace, Oxford, CT
This action removes Class E surface airspace as an extension to Class D airspace, and amends Class E airspace extending upward from 700 feet at Oxford, CT. Decommissioning of the Waterbury Non- Directional Beacon (NDB) at the Waterbury-Oxford airport has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Amendment of Class E Airspace and Revocation of Class E Airspace; Easton, MD
This action amends Class E surface airspace and airspace 700 feet above the surface, and removes Class E airspace designated as an extension to Class D airspace at Easton, MD. The Easton Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures (SIAPs) have been developed for Easton Airport/ Newnam Field. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Amendment of Class E Airspace; Charleston, WV
This action amends Class E Airspace at Charleston, WV, to accommodate the additional airspace needed for new Standard Instrument Approach Procedures (SIAPs) developed at Yeager Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Airworthiness Directives; Thielert Aircraft Engines GmbH Models TAE 125-02-99 and TAE 125-02-114 Reciprocating Engines
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Garnishment of Accounts Containing Federal Benefit Payments
Treasury, SSA, VA, RRB and OPM (Agencies) are issuing an interim final rule to implement statutory restrictions on the garnishment of Federal benefit payments. The rule establishes procedures that financial institutions must follow when they receive a garnishment order against an account holder who receives certain types of Federal benefit payments by direct deposit. The rule requires financial institutions that receive such a garnishment order to determine the sum of such Federal benefit payments deposited to the account during a two month period, and to ensure that the account holder has access to an amount equal to that sum or to the current balance of the account, whichever is lower.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Astragalus hamiltonii, Penstemon flowersii, Eriogonum soredium, Lepidium ostleri, and Trifolium friscanum as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list Astragalus hamiltonii (Hamilton milkvetch), Penstemon flowersii (Flowers penstemon), Eriogonum soredium (Frisco buckwheat), Lepidium ostleri (Ostler's peppergrass), and Trifolium friscanum (Frisco clover) as threatened or endangered under the Endangered Species Act of 1973 (ESA), as amended. After review of all available scientific and commercial information, we find that listing A. hamiltonii and P. flowersii is not warranted at this time. However, we ask the public to submit to us new information that becomes available concerning the threats to A. hamiltonii and P. flowersii or their habitat at any time. We find that listing E. soredium, L. ostleri, and T. friscanum as threatened or endangered is warranted. However, currently listing E. soredium, L. ostleri, and T. friscanum is precluded by higher priority actions to amend the Federal Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add E. soredium, L. ostleri, and T. friscanum to our candidate species list. We will develop proposed rules to list E. soredium, L. ostleri, and T. friscanum as our priorities allow. We will make determinations on critical habitat during development of the proposed listing rules. In the interim period, we will address the status of the candidate taxa through our annual Candidate Notice of Review.
Value-Added Producer Grant Program
The Food, Conservation, and Energy Act of 2008 (the Act), amends section 231 of the Agricultural Risk Protection Act of 2000, which established the Value-Added Producer Grant Program. This program will be administered by the Rural Business-Cooperative Service. Under the interim rule, grants will be made to help eligible producers of agricultural commodities enter into or expand value-added activities including the development of feasibility studies, business plans, and marketing strategies. The program will also provide working capital for expenses such as implementing an existing viable marketing strategy. The Agency will implement the program to meet the goals and requirements of the Act. The program provides a priority for funding for projects that contribute to opportunities for beginning farmers or ranchers, socially disadvantaged farmers or ranchers, and operators of small- and medium- sized family farms and ranches. Further, it creates two reserved funds each of which will include 10 percent of program funds each year to support applications that support opportunities for beginning and socially disadvantaged farmers and ranchers and for proposed projects that develop mid-tier value marketing chains.
Public Housing Evaluation and Oversight: Changes to the Public Housing Assessment System (PHAS) and Determining and Remedying Substantial Default
The changes implemented by this interim rule are intended to enhance the efficiency and utility of HUD's Public Housing Assessment System (PHAS). The interim rule makes 2 sets of amendments to improve evaluation and oversight of the Public Housing Program. First, it amends the PHAS regulations for the purposes of: Consolidating the regulations governing assessment of public housing in one part of the Code of Federal Regulations (CFR); revising certain PHAS regulations based on HUD's experience with PHAS since it was established as the new system for evaluating a public housing agency (PHA) in 1998; and updating certain PHAS procedures to reflect recent changes in public housing operations from conversion by PHAs to asset management. Second, this interim rule establishes new regulations that specify the actions or inactions by which a PHA can be determined to be in substantial default, the procedures for a PHA to respond to such a determination or finding, and the sanctions available to HUD to address and remedy substantial default by a PHA.
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