March 1, 2011 – Federal Register Recent Federal Regulation Documents

Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards
Document Number: 2011-4592
Type: Proposed Rule
Date: 2011-03-01
Agency: Department of Labor, Mine Safety and Health Administration
The Mine Safety and Health Administration (MSHA) is extending the comment period on the proposed rule addressing Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards. It proposed revising MSHA requirements for preshift, supplemental, and on-shift, and weekly examinations of underground coal mines. This extension gives commenters an additional 30 days to comment on the proposed rule.
Special Conditions: Pratt and Whitney Canada Model PW210S Turboshaft Engine
Document Number: 2011-4570
Type: Proposed Rule
Date: 2011-03-01
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for Pratt and Whitney Canada (PWC) model PW210S engines. The engine model will have a novel or unusual design feature which is a 30-Minute All Engines Operating (AEO) power rating. This rating is intended to be used for hovering at increased power for search and rescue missions. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the added safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code
Document Number: 2011-4543
Type: Proposed Rule
Date: 2011-03-01
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA is notifying the public of the electronic availability of the American Society of Mechanical Engineers' (ASME) Boiler and Pressure Vessel Code, Section XII (2010 Edition) and the National Board of Boiler and Pressure Vessel Inspectors' National Board Inspection Code (2007 Edition). Further, PHMSA is extending the comment period for the ANPRM published on December 23, 2010 (ANPRM; 75 FR 80765). The ASME Boiler and Pressure Vessel Code, Section XII is now available on PHMSA's Web site for public review at: https://phmsa.dot.gov/hazmat. In addition, the National Board of Boiler and Pressure Vessel Inspectors have voluntarily posted, for public review, the relevant parts of the National Board Inspection Code at https://www.nationalboard.org.
Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish Managed Under the Individual Fishing Quota Program
Document Number: 2011-4541
Type: Rule
Date: 2011-03-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is opening directed fishing for sablefish with fixed gear managed under the Individual Fishing Quota (IFQ) Program and the Community Development Quota (CDQ) Program. The season will open 1200 hrs, Alaska local time (A.l.t.), March 12, 2011, and will close 1200 hrs, A.l.t., November 18, 2011. This period is the same as the 2011 commercial halibut fishery opening dates adopted by the International Pacific Halibut Commission. The IFQ and CDQ halibut season is specified by a separate publication in the Federal Register of annual management measures.
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2011 and 2012 Harvest Specifications for Groundfish
Document Number: 2011-4538
Type: Rule
Date: 2011-03-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces final 2011 and 2012 harvest specifications and prohibited species catch allowances for the groundfish fishery of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to establish harvest limits for groundfish during the 2011 and 2012 fishing years, and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the BSAI (FMP). The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Defense Federal Acquisition Regulation Supplement; Reporting of Government-Furnished Property (DFARS Case 2009-D043)
Document Number: 2011-4524
Type: Proposed Rule
Date: 2011-03-01
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to revise and expand reporting requirements for Government-furnished property to include items uniquely and non-uniquely identified, and to clarify policy for contractor access to Government supply sources.
Reducing Regulatory Burden; Retrospective Review Under E.O. 13563
Document Number: 2011-4513
Type: Proposed Rule
Date: 2011-03-01
Agency: Department of Justice
As part of its implementation of Executive Order 13563, ``Improving Regulation and Regulatory Review,'' issued by the President on January 18, 2011, the Department of Justice (the Department) is seeking comments and information from interested parties to assist it in reviewing its existing regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed. The purpose of Justice's review is to make the agency's regulatory program more effective and less burdensome in achieving its regulatory objectives. Comment Date: Written comments must be postmarked and electronic comments must be submitted on or before March 31, 2011. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after 11:59 p.m. Eastern Time on the last day of the comment period.
Airworthiness Directives; Sikorsky Aircraft Corporation Model S-76A, S-76B, and S-76C Helicopters Modified by Supplemental Type Certificate SR09211RC
Document Number: 2011-4477
Type: Proposed Rule
Date: 2011-03-01
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all Sikorsky Aircraft Corporation (Sikorsky) S-76 model helicopters with a certain life raft deployment system (LRDS) installed per Supplemental Type Certificate (STC) SR09211RC. This proposed AD would require removing and replacing the pilot or co-pilot life raft deployment handle (handle) located on the left side of the ``broom closet'' of the helicopter. This proposed AD is prompted by an incident that occurred where the handle bent prior to the life raft deploying, and this prohibited the crew from successfully deploying and using the life raft. It was determined that the handle in this incident was not manufactured to the approved Type Design. We are proposing this AD to prevent the bending of the handle, which could result in failure of the life raft to deploy. This failure could lead to loss of access to the life raft after an emergency ditching on water.
Sale and Issue of Marketable Book-Entry Treasury Bills, Notes, and Bonds; Minimum Interest Rate
Document Number: 2011-4455
Type: Rule
Date: 2011-03-01
Agency: Fiscal Service, Public Debt Bureau, Department of Treasury, Department of the Treasury
This final rule amends Treasury's marketable securities auction rules to establish a minimum interest rate of \1/8\ of one percent for all new Treasury note and bond issues.
Due Date of Initial Application Requirements for State Home Construction Grant
Document Number: 2011-4431
Type: Proposed Rule
Date: 2011-03-01
Agency: Department of Veterans Affairs
This document proposes to amend the Department of Veterans Affairs (VA) regulation concerning the calendar date that VA must receive an initial application for a State Home Construction Grant in order for the application to be included on the priority list for the award of grants during the next fiscal year. We propose to require that initial application materials must be received by VA on April 15, and not August 15, of the year before the fiscal year in which the application would be considered for inclusion on the priority list for the award of grants. Similarly, we propose to require that a State make its matching funds for a project available by April 15, and not August 15, in order for the project to be placed in priority group 1 of the priority list for the next fiscal year. The purpose of these changes is to ensure that VA has sufficient time to process all applications received and timely prepare the priority list. We also propose technical revisions to conform with these proposed revisions.
Schedules of Controlled Substances: Temporary Placement of Five Synthetic Cannabinoids Into Schedule I
Document Number: 2011-4428
Type: Rule
Date: 2011-03-01
Agency: Drug Enforcement Administration, Department of Justice
The Administrator of the Drug Enforcement Administration (DEA) is issuing this final order to temporarily place five synthetic cannabinoids into the Controlled Substances Act (CSA) pursuant to the temporary scheduling provisions. The substances are 1-pentyl-3-(1- naphthoyl)indole (JWH-018), 1-butyl-3-(1-naphthoyl)indole (JWH-073), 1- [2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200), 5-(1,1- dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497), and 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol; CP-47,497 C8 homologue). This action is based on a finding by the Administrator that the placement of these synthetic cannabinoids into Schedule I of the CSA is necessary to avoid an imminent hazard to the public safety. As a result of this order, the full effect of the CSA and its implementing regulations including criminal, civil and administrative penalties, sanctions and regulatory controls of Schedule I substances will be imposed on the manufacture, distribution, possession, importation, and exportation of these synthetic cannabinoids.
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Final 2011 and 2012 Harvest Specifications for Groundfish
Document Number: 2011-4402
Type: Rule
Date: 2011-03-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces final 2011 and 2012 harvest specifications, apportionments, and Pacific halibut prohibited species catch limits for the groundfish fishery of the Gulf of Alaska (GOA). This action is necessary to establish harvest limits for groundfish during the 2011 and 2012 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the GOA. The intended effect of this action is to conserve and manage the groundfish resources in the GOA in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.
Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; The Milwaukee-Racine and Sheboygan Areas; Determination of Attainment of the 1997 8-Hour Ozone Standard
Document Number: 2011-4380
Type: Rule
Date: 2011-03-01
Agency: Environmental Protection Agency
EPA is making determinations under the Clean Air Act (CAA) that the Milwaukee-Racine and Sheboygan, Wisconsin areas have attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). The Milwaukee-Racine area includes Milwaukee, Ozaukee, Racine, Washington, Waukesha, and Kenosha Counties. The Sheboygan area includes Sheboygan County. The determinations are based on complete, quality- assured and certified ambient air monitoring data that show that the areas have monitored attainment of the 1997 8-hour ozone standard for the 2006-2008 and 2007-2009 monitoring periods. Quality assured data available for 2010 indicate that the areas continue to monitor attainment. As a result of these determinations, the requirements for these areas to submit attainment demonstrations and associated reasonably available control measures (RACM), reasonable further progress plans (RFP), contingency measures, and other State Implementation Plan (SIP) revisions related to attainment of the standard are suspended for as long as the areas continue to attain the 1997 8-hour ozone standard. These determinations also suspend the requirement for EPA to promulgate attainment demonstration, RFP, and any other attainment-related Federal Implementation Plans (FIPs) for these areas. EPA published proposed and direct final approvals of this request on December 15, 2010. We received an adverse comment on our proposed rulemaking, which is addressed below. As a result, EPA withdrew the direct final approval on January 28, 2011.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Oxides of Nitrogen Budget Trading Program; Technical Amendment
Document Number: 2011-4373
Type: Rule
Date: 2011-03-01
Agency: Environmental Protection Agency
EPA is taking final action to remove codification of a State Implementation Plan (SIP) approval vacated by the U.S. Court of Appeals for the Sixth Circuit in a decision dated June 5, 2009. This relates to Ohio rule revisions concerning 240 allowances under the Nitrogen Oxides Budget Trading Program added to the SIP by EPA rulemaking dated February 13, 2008. This final rule conforms the codification of the SIP to the decision by the U.S. Court of Appeals for the Sixth Circuit in Buckeye Power, Inc. v. EPA (6th Cir., No. 08-3399, June 5, 2009).
Approval and Promulgation of Implementation Plans; State of Missouri
Document Number: 2011-4371
Type: Proposed Rule
Date: 2011-03-01
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Missouri to add two new rules which implement restrictions on the idling of heavy duty diesel vehicles in the Kansas City Metropolitan Area and in the St. Louis Ozone Nonattainment Area. EPA is proposing this revision because the standards and requirements set by the rules will strengthen the Missouri SIP. EPA's approval of this SIP revision is being done in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Implementation Plans; State of Missouri
Document Number: 2011-4368
Type: Rule
Date: 2011-03-01
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Missouri State Implementation Plan (SIP) submitted April 10, 2009. The revision includes two new rules which implement restrictions on the idling of heavy duty diesel vehicles in the Kansas City Metropolitan Area and in the St. Louis Ozone Nonattainment Area. EPA is approving this revision because the standards and requirements set by the rules will strengthen the Missouri SIP. EPA's approval of this SIP revision is being done in accordance with the requirements of the Clean Air Act (CAA).
Inmate Discipline Program/Special Housing Units: Subpart Revision and Clarification
Document Number: 2011-4359
Type: Rule
Date: 2011-03-01
Agency: Department of Justice, Bureau of Prisons
In this document, the Bureau of Prisons delays the effective date of the final rule that appeared in the Federal Register on December 8, 2010, (75 FR 76263) and the subsequent correction which appeared in the Federal Register on December 29, 2010 (75 FR 81853). The new effective date for both documents is June 20, 2011.
Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Safety and Environmental Management Systems; Public Workshop
Document Number: 2011-4334
Type: Rule
Date: 2011-03-01
Agency: Department of the Interior, Bureau of Ocean Energy Management, Regulation and Enforcement
The Bureau of Ocean Energy Management, Regulation and Enforcement is announcing a workshop to discuss the new regulatory requirements for operators to develop and implement Safety and Environmental Management Systems (SEMS) for oil and gas and sulphur operations in the Outer Continental Shelf (OCS). This workshop is designed to provide an overview and background of the final rule, review and summarize responses to frequently asked questions, receive and respond to new questions pertaining to implementation, and describe BOEMRE audit methodologies for compliance reviews.
Proposed Legal Interpretation
Document Number: 2011-4271
Type: Proposed Rule
Date: 2011-03-01
Agency: Federal Aviation Administration, Department of Transportation
The FAA is considering clarifying the application of flight time limitations and rest requirements in 14 CFR 121.481 and 121.483 for pilots operating in flag operations as part of a two-pilot crew and as part of a two-pilot crew and one additional flightcrew member during a seven-day period.
Frequency Regulation Compensation in the Organized Wholesale Power Markets
Document Number: 2011-4267
Type: Proposed Rule
Date: 2011-03-01
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission (Commission) is proposing to revise its regulations to remedy undue discrimination in the procurement of frequency regulation service in the organized wholesale electricity markets. The emergence of technologies capable of responding more quickly than the generators that have historically provided frequency regulation service has prompted the Commission to evaluate market rules to ensure that they are not unduly discriminatory or fail to provide just and reasonable compensation for the service being provided. If found, the Commission proposes to remedy the undue discrimination by requiring a uniform price for regulation capacity paid to all cleared resources and a performance payment for the provision of frequency regulation, with such payment reflecting a resource's accuracy of performance. This proposed action helps to ensure that market rules do not present unnecessary barriers to the participation of all resource types in the wholesale ancillary services markets. The Commission seeks comment on the proposed regulations.
Removing References to Credit Ratings in Regulations; Proposing Alternatives to the Use of Credit Ratings
Document Number: 2011-4070
Type: Proposed Rule
Date: 2011-03-01
Agency: National Credit Union Administration, Agencies and Commissions
NCUA is proposing rules to implement certain statutory provisions in Title IX of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act). The proposed rules replace or remove references to credit ratings in NCUA regulations.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Carex lutea
Document Number: 2011-4036
Type: Rule
Date: 2011-03-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Carex lutea (golden sedge) under the Endangered Species Act of 1973, as amended. In total, approximately 202 acres (82 hectares) in 8 units located in Onslow and Pender Counties, North Carolina fall within the boundaries of the critical habitat designation.
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