March 7, 2011 – Federal Register Recent Federal Regulation Documents

Proposed Flood Elevation Determinations
Document Number: C1-2011-2281
Type: Proposed Rule
Date: 2011-03-07
Agency: Federal Emergency Management Agency, Department of Homeland Security
Safety Management System for Certificated Airports; Extension of Comment Period
Document Number: 2011-5187
Type: Proposed Rule
Date: 2011-03-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA published a proposed rule on October 7, 2010, to require each certificate holder to establish a safety management system (SMS) for its entire airfield environment (including movement and non- movement areas) to improve safety at airports hosting air carrier operations. The American Association of Airport Executives and Airports Council InternationalNorth America have requested that the FAA provide additional information supporting the proposed rule and extend the comment period to allow adequate time for the public to analyze and comment on that information and the NPRM. This action extends the comment period until July 5, 2011, and establishes a procedure for handling clarifying questions to the proposed rule.
8(a) Business Development Program Regulation Changes; Tribal Consultation
Document Number: 2011-5118
Type: Rule
Date: 2011-03-07
Agency: Small Business Administration, Agencies and Commissions
The U.S. Small Business Administration (SBA or Agency) announces that it is holding a tribal consultation meeting in Las Vegas, Nevada to discuss the recent changes to the 8(a) Business Development (BD) program regulations and take general comments on 8(a) BD program provisions. Additionally, SBA will take comments on the mandatory reporting of community benefits of provision 13 CFR 124.604. Testimony presented at this tribal consultation meeting will become part of the administrative record for SBA's consideration when the Agency deliberates on approaches to tracking community benefits.
Listing Endangered and Threatened Species: Correction To Codify in the Code of Federal Regulations Application of Take Prohibitions to the Upper Columbia River Steelhead Distinct Population Segment
Document Number: 2011-5109
Type: Rule
Date: 2011-03-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, announce a correcting amendment to the Code of Federal Regulations to clarify that take prohibitions under section 4(d) of the Endangered Species Act of 1973 (ESA) apply to the Upper Columbia River steelhead distinct population segment (DPS).
Listing Endangered and Threatened Species: 90-Day Finding on a Petition to List Six Species of Sawfishes as Endangered or Threatened Species Under the Endangered Species Act
Document Number: 2011-5107
Type: Proposed Rule
Date: 2011-03-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, announce a 90-day finding on a petition to list six species of sawfish: Anoxyprisitis cuspidata, Prisitis clavata, P. microdon, P. pristis, P. zijsron, and the remaining non-listed population(s) of P. pectinata as endangered or threatened under the Endangered Species Act (ESA). We find that the petition and information in our files present substantial information indicating the petitioned action may be warranted for five of the sawfish species petitioned (A. cuspidata, P. clavata, P. microdon, P. zijsron, and all non-listed population(s) of P. pectinata). We find that the petition and information in our files do not present substantial information indicating that the petitioned action may be warranted for P. pristis. We will conduct a status review of the five species of sawfish (A. cuspidata, P. clavata, P. microdon, P. zijsron, and all non-listed population(s) of P. pectinata) to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data regarding these species (see below).
Special Conditions: Bell Helicopter Textron Canada Limited Model 206B and 206L Series Helicopters, § 27.1309, Installation of a Hoh Aeronautics, Inc. Autopilot/Stabilization Augmentation System (AP/SAS)
Document Number: 2011-5103
Type: Rule
Date: 2011-03-07
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the modification of the Bell Helicopter Textron Canada Limited (Bell) model 206B and 206L series helicopters. These model helicopters will have novel or unusual design features when modified by installing the Hoh Aeronautics, Inc. (Hoh) complex autopilot/stabilization augmentation system (AP/SAS) that has potential failure conditions with more severe adverse consequences than those envisioned by the existing applicable airworthiness regulations. These special conditions contain the added safety standards the Administrator considers necessary to ensure the failures and their effects are sufficiently analyzed and contained.
Proposed Amendment of Class E Airspace; Orangeburg, SC
Document Number: 2011-5096
Type: Proposed Rule
Date: 2011-03-07
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E Airspace at Orangeburg, SC, to accommodate the additional airspace needed for the Standard Instrument Approach Procedures (SIAPs) developed for Orangeburg Municipal Airport. This action shall enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport. This action also shall make a minor adjustment to the geographic coordinates of the airport.
Modernizing the FCC Form 477 Data Program; Correction
Document Number: 2011-5095
Type: Proposed Rule
Date: 2011-03-07
Agency: Federal Communications Commission, Agencies and Commissions
The Federal Communications Commission published in the Federal Register of February 28, 2011, a document concerning modernization of the FCC Form 477. Inadvertently the Comment Filing Procedures section of the February 28, 2011 publication mistakenly references WC Docket No. 10-191. This document removes that incorrect reference and replaces it with the correct docket number in this proceeding, WC Docket No. 11- 10.
Radio Broadcasting Services; Kualapuu, HI
Document Number: 2011-5091
Type: Rule
Date: 2011-03-07
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division, at the request of Kemp Communications, Inc., allots FM Channel 296C2 at Kualapuu, Hawaii. Channel 296C2 can be allotted at Kualapuu, consistent with the minimum distance separation requirements of the Commission's rules, at coordinates 21-10-57 NL and 157-13-26 WL, with a site restriction of 19.4 km (12 miles) west of the community. See SUPPLEMENTARY INFORMATION infra.
Amendment to the Export Administration Regulations: Application Processing, Issuance, and Denial
Document Number: 2011-5079
Type: Rule
Date: 2011-03-07
Agency: Department of Commerce, Bureau of Industry and Security
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by clarifying the Application Processing, Issuance, and Denial provisions concerning BIS's authority to revise, suspend or revoke licenses.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
Document Number: 2011-5075
Type: Rule
Date: 2011-03-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters) length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the A season apportionment of the 2011 total allowable catch of Pacific cod to be harvested.
James Luehman; Denial of Petition for Rulemaking
Document Number: 2011-5053
Type: Proposed Rule
Date: 2011-03-07
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is denying a petition for rulemaking (PRM) submitted by James Luehman (the petitioner). The petitioner requests that the NRC amend the NRC's standard for sustaining a whistleblower retaliation violation of the Employee Protection Rule. The NRC is denying PRM-50-92 for the reasons stated in this document.
Approval and Promulgation of Air Quality Implementation Plans; Illinois; Missouri; Saint Louis Nonattainment Area; Determination of Attainment of the Fine Particle Standard
Document Number: 2011-5048
Type: Proposed Rule
Date: 2011-03-07
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to determine that the Saint Louis PM2.5 nonattainment area in Illinois and Missouri has attained the 1997 annual fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS). This proposed determination of attainment is based upon complete, quality assured, quality controlled, and certified ambient air monitoring data, from the 2007-2009 monitoring period, which show that the Saint Louis area has monitored attainment of the 1997 annual PM2.5 NAAQS. EPA also evaluated incomplete data from this period from other monitors in the area, as well as preliminary data available to date for 2010. EPA believes these data support the determination that the area has attained the 1997 annual PM2.5 NAAQS. If this proposed determination is made final, the requirements for this area to submit an attainment demonstration, associated reasonably available control measures (RACM) to include reasonably available control technology (RACT), a reasonable further progress plan, contingency measures, and other planning State Implementation Plans (SIPs) revisions related to attainment of the 1997 annual PM2.5 NAAQS shall be suspended for so long as the area continues to attain the 1997 annual PM2.5 NAAQS. EPA's determination that this area has attained the 1997 annual PM2.5 NAAQS is not equivalent to redesignating the area to attainment. This action does not constitute a redesignation to attainment under section 107(d)(3) of the Clean Air Act (CAA) because the States of Missouri and Illinois have not yet submitted, and EPA has not yet approved, a maintenance plan for the area as required under that section and section 175A of the Act, nor has EPA promulgated a determination that the area has met other requirements for redesignation. The designation status of the area will remain nonattainment for the 1997 annual PM2.5 NAAQS until such time as EPA determines that this area meets the CAA requirements for redesignation to attainment.
Human Reliability Program: Identification of Reviewing Official
Document Number: 2011-5046
Type: Rule
Date: 2011-03-07
Agency: Department of Energy
DOE is amending the Human Reliability Program (HRP) rule to designate the appropriate Under Secretary as the person with the authority to issue a final written decision to recertify or revoke the certification of an individual in the HRP. This action places decisional authority in the Under Secretary responsible for the operational functioning of the program in which the certification issue arises. It also streamlines internal procedures and facilitates timely final agency decision-making. This amendment modifies internal agency responsibilities but does not alter substantive rights or obligations under current law.
Extension of Public Comment Period for Proposed Action on Interstate Transport of Pollution Affecting Visibility and Best Available Retrofit Technology Determination for New Mexico
Document Number: 2011-5045
Type: Proposed Rule
Date: 2011-03-07
Agency: Environmental Protection Agency
On January 5, 2011, EPA published in the Federal Register a proposed rule on interstate transport of pollution affecting visibility and Best Available Retrofit Technology (BART) determination for New Mexico and requested comment by March 7, 2011. EPA is extending the public comment period for the proposed rule until April 4, 2011.
Negotiated Rulemaking Committee on Designation of Medically Underserved Populations and Health Professional Shortage Areas; Notice of Meeting
Document Number: 2011-5041
Type: Proposed Rule
Date: 2011-03-07
Agency: Department of Health and Human Services
In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), notice is hereby given of the following meeting of the Negotiated Rulemaking Committee on Designation of Medically Underserved Populations and Health Professional Shortage Areas.
Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes
Document Number: 2011-5002
Type: Rule
Date: 2011-03-07
Agency: Department of Homeland Security, Office of the Secretary
Pursuant to the Department of Homeland Security's REAL ID regulations, States must be in full compliance with the REAL ID Act of 2005 by May 11, 2011. This final rule changes that date to January 15, 2013. This change will give States the time necessary to ensure that driver's licenses and identification cards issued by States meet the security requirements of the REAL ID Act.
Amendment to and Revocation of Reporting Points; Hawaii
Document Number: 2011-4925
Type: Rule
Date: 2011-03-07
Agency: Federal Aviation Administration, Department of Transportation
This action amends and removes, several Hawaiian Reporting Points. Specifically, the FAA is revising the description of EELIC, and TOADS to address recent technical adjustments to their actual locations. Additionally, the FAA is renaming the SILVA reporting point to SYVAD, and has determined that the LULUS, NIEMO, and PADDI reporting points are no longer needed. This action ensures the safe and efficient management of aircraft within the National Airspace System (NAS).
Revisions to the California State Implementation Plan, Imperial County, Kern County, and Ventura County; Air Pollution Control Districts
Document Number: 2011-4917
Type: Proposed Rule
Date: 2011-03-07
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Imperial County Air Pollution Control District (ICAPCD), Kern County Air Pollution Control District (KCAPCD), and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). We are proposing to approve revisions to local rules that define terms used in other air pollution regulations in these areas under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, for Imperial County, Kern County, and Ventura County; Air Pollution Control Districts
Document Number: 2011-4914
Type: Rule
Date: 2011-03-07
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Imperial County Air Pollution Control District (ICAPCD), Kern County Air Pollution Control District (KCAPCD), and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are approving local rules that define terms used in other air pollution regulations in these areas.
Texas: Final Authorization of State-initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program
Document Number: 2011-4912
Type: Proposed Rule
Date: 2011-03-07
Agency: Environmental Protection Agency
During a review of Texas' regulations, the EPA identified a variety of State-initiated changes to Texas' hazardous waste program under the Resource Conservation and Recovery Act, as amended (RCRA), for which the State had not previously sought authorization. The EPA proposes to authorize the State for the program changes. In addition, the EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs'', Texas' authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that the EPA will enforce under RCRA.
Texas: Final Authorization of State-initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program
Document Number: 2011-4911
Type: Rule
Date: 2011-03-07
Agency: Environmental Protection Agency
During a review of Texas' regulations, the EPA identified a variety of State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). We have determined that these changes are minor and satisfy all requirements needed to qualify for Final authorization and are authorizing the State-initiated changes through this Direct Final action. The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. The EPA uses the regulations entitled ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to the EPA's inspection and enforcement. The rule codifies in the regulations the prior approval of Texas' hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations.
Airworthiness Directives; Rolls-Royce plc RB211-Trent 768, 772, and 772B Turbofan Engines
Document Number: 2011-4831
Type: Rule
Date: 2011-03-07
Agency: Federal Aviation Administration, Department of Transportation
We are rescinding an existing airworthiness directive (AD) for the products listed above. The existing AD, AD 98-09-27, resulted from aircraft certification testing which revealed that stresses on the thrust reverser hinge were higher than had been anticipated during engine certification, and the United Kingdom Civil Aviation Authority, issuing AD 008-03-97. Since we issued AD 98-09-27, we discovered that its requirements were duplicated in airplane-level AD 2001-09-14, issued by the FAA Transport Airplane Directorate. We proposed to rescind the engine-level AD.
Energy Conservation Program: Certification, Compliance, and Enforcement for Consumer Products and Commercial and Industrial Equipment
Document Number: 2011-3146
Type: Rule
Date: 2011-03-07
Agency: Department of Energy
The U.S. Department of Energy (DOE or the ``Department'') is adopting revisions to its existing certification, compliance, and enforcement regulations for certain consumer products and commercial and industrial equipment covered under the Energy Policy and Conservation Act of 1975, as amended (EPCA or the ``Act''). These regulations provide for sampling plans used in determining compliance with existing standards, manufacturer submission of compliance statements and certification reports to DOE, maintenance of compliance records by manufacturers, and the availability of enforcement actions for improper certification or noncompliance with an applicable standard. Ultimately, the provisions being adopted in this final rule will allow DOE to enforce systematically the applicable energy and water conservation standards for covered products and covered equipment and provide for more accurate, comprehensive information about the energy and water use characteristics of products sold in the United States.
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