March 8, 2011 – Federal Register Recent Federal Regulation Documents
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Lavatory Oxygen Systems
This action temporarily authorizes variances from existing standards related to the provisioning of supplemental oxygen inside lavatories. This action is necessitated by other mandatory actions that temporarily render such oxygen systems inoperative.
Airworthiness Directives; Various Transport Category Airplanes Equipped With Chemical Oxygen Generators Installed in a Lavatory
This document publishes in the Federal Register an amendment adopting airworthiness directive (AD) 2011-04-09 that was sent previously by individual notices to the known U.S. owners and operators of affected airplanes identified above. This AD requires modifying the chemical oxygen generators in the lavatory. This AD was prompted by reports that the current design of these oxygen generators presents a hazard that could jeopardize flight safety. We are issuing this AD to eliminate this hazard.
Antidrug and Alcohol Misuse Prevention Programs for Personnel Engaged in Specified Aviation Activities; Supplemental Regulatory Flexibility Determination
This document announces the completion and availability of a supplemental regulatory flexibility determination for a previously published final rule. That final rule amended the FAA regulations governing drug and alcohol testing to clarify that each person who performs a safety-sensitive function for a regulated employer by contract, including bysubcontract at any tier, is subject to testing.
Proposed Establishment of Helicopter Area Navigation (RNAV) Routes; Northeast United States
This action proposes to introduce low altitude helicopter RNAV routes into the United States domestic Air Traffic Service (ATS) route structure to be used by suitably equipped helicopters having IFR- approved Global Positioning System (GPS)/Global Navigation Satellite System (GNSS) equipment. Additionally, the FAA is proposing to establish two such routes in the northeast corridor between the Washington, DC and New York City metropolitan areas. The FAA is proposing this action to enhance safety and to improve the efficient use of the navigable airspace for en route IFR helicopter operations.
Amendment to Special Use Airspace Restricted Areas R-2203, and R-2205; Alaska
This action amends the using agency of Restricted Areas R-2203 A, B, & C; Eagle River, AK, and R-2205, Stuart Creek, AK. These changes reflect the U.S. Army's current organization in Alaska. There are no changes to the boundaries, designated altitudes, time of designation, or activities conducted within the affected restricted areas.
Proposed Revocation of VOR Federal Airway V-284; New Jersey
The FAA is withdrawing the Notice of proposed rulemaking published in the Federal Register on September 3, 2010, to remove VHF omnidirectional range (VOR) Federal airway V-284, which extends between Sea Isle, NJ and Cedar Lake, NJ. Upon further consideration, the FAA has determined that an operational requirement for the airway still exists; therefore, withdrawal of the proposed rule is warranted.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands
NMFS is reallocating the projected unused amounts of the Aleut Corporation's pollock directed fishing allowance and the Community Development Quota from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2011 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 17B; Correction
This document contains corrections to the final rule that implemented Amendment 17B to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 17B), which was published in the Federal Register on December 30, 2010.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Reduction
NMFS reduces the trip limit for the hook-and-line component of the commercial sector for Gulf group king mackerel in the southern Florida west coast subzone to 500 lb (227 kg) of king mackerel per day in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the Gulf king mackerel resource.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 Feet (18.3 m) Length Overall Using Jig or Hook-and-Line Gear in the Bogoslof Pacific Cod Exemption Area in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) length overall (LOA) using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the limit of Pacific cod for catcher vessels less than 60 ft LOA using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area in the BSAI.
Proposed Flood Elevation Determinations
On September 15, 2009, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 74 FR 47169. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Lawrence County, South Dakota, and Incorporated Areas. Specifically, it addresses the following flooding sources: Hungry Hollow Gulch, Ice House Creek, Ice House Creek Tributary A, Riggs Gulch, Spearfish Creek, and Unnamed Tributary to Higgins Gulch.
Review of the Emergency Alert System
In this document, the Federal Communications Commission (Commission) amends its rules governing the Emergency Alert System (EAS) to provide for national EAS testing and collection of data from such tests. This will help determine whether the EAS functions as intended to deliver a national Presidential alert.
Defense Federal Acquisition Regulation Supplement; Reporting of Government-Furnished Property
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.
Approval and Promulgation of Implementation Plans; State of Oregon; Regional Haze State Implementation Plan
EPA is proposing to approve a State Implementation Plan (SIP) revision, submitted by the State of Oregon on December 20, 2010, with supplemental information submitted February 1, 2011, as meeting the requirements of Clean Air Act (CAA) section 110(a)(2)(D)(i)(II) as it applies to visibility for the 1997 8-hour ozone and 1997 particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). EPA is also proposing to approve a portion of the SIP submittal, as meeting certain requirements of the regional haze program, including the Federal regulations for best available retrofit technology (BART).
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Tennessee; Redesignation of the Knoxville 1997 8-Hour Ozone Nonattainment Area to Attainment for the 1997 8-Hour Ozone Standards
EPA is taking final action to approve a request submitted on July 14, 2010, and amended on September 9, 2010, from the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), Air Pollution Control Division, to redesignate the Knoxville, Tennessee 8-hour ozone nonattainment area to attainment for the 1997 8-hour ozone national ambient air quality standards (NAAQS). The Knoxville, Tennessee 1997 8-hour ozone nonattainment area comprises Anderson, Blount, Jefferson, Knox, Loudon, and Sevier Counties in their entireties, and the portion of Cocke County that falls within the boundary of the Great Smoky Mountains National Park (hereinafter referred to as the ``Knoxville Area'' or ``Area''). EPA's approval of the redesignation request is based on the determination that the State of Tennessee has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA or Act), including the determination that the Knoxville Area has attained the 1997 8-hour ozone NAAQS. Additionally, EPA is approving a revision to the Tennessee State Implementation Plan (SIP) to include the 1997 8-hour ozone maintenance plan for the Knoxville Area that contains the new 2024 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOC). This action also approves the emissions inventory submitted with the maintenance plan. As part of this final action, EPA considered the adverse comments received; a response to comments is included in this final action.
Ownership Limitations and Governance Requirements for Security-Based Swap Clearing Agencies, Security-Based Swap Execution Facilities, and National Securities Exchanges With Respect to Security-Based Swaps Under Regulation MC
The Securities and Exchange Commission (``Commission'') is reopening the period for public comment on proposed Regulation MC under the Securities Exchange Act of 1934 (``Exchange Act''), which is designed to mitigate potential conflicts of interest at clearing agencies that clear security-based swaps (``security-based swap clearing agencies''), security-based swap execution facilities (``SB SEFs''), and national securities exchanges that post or make available for trading security-based swaps (``SBS exchanges''). The proposal was originally published in Securities Exchange Act Release No. 63107 (October 14, 2010), 75 FR 65882 (October 26, 2010) (``Regulation MC Proposing Release''). The Commission is reopening the period for public comment to solicit further comment on Regulation MC in light of other more recent proposed rulemakings that concern conflicts of interest at security-based swap clearing agencies and SB SEFs.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Texas Kangaroo Rat as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Texas kangaroo rat, Dipodomys elator, as endangered or threatened and to designate critical habitat under the Endangered Species Act of 1973, as amended. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing the Texas kangaroo rat may be warranted. Therefore, with the publication of this notice, we are initiating a status review to determine if listing the Texas kangaroo rat is warranted. To ensure the status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.
Airworthiness Directives; Diamond Aircraft Industries GmbH Models DA 42, DA 42 NG, and DA 42 M-NG 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:
Subsistence Management Regulations for Public Lands in Alaska-2011-12 and 2012-13 Subsistence Taking of Fish and Shellfish Regulations
This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses in Alaska during the 2011-12 and 2012-13 regulatory years. The Federal Subsistence Board (Board) completes the biennial process of revising subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable biennial cycle. This rulemaking replaces the fish and shellfish taking regulations that expire on March 31, 2011. This rule also revises the address of the Office of Subsistence Management; the new address should be used to obtain maps delineating the boundaries of the subsistence resource regions.
Airworthiness Directives; Dassault-Aviation Model FALCON 7X 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:
Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 Series Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. 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:
Airworthiness Directives; The Boeing Company 737-200, -200C, -300, -400, and -500 Series Airplanes
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 737-200, -200C, - 300, -400, and -500 series airplanes. The existing AD currently requires repetitive inspections to find fatigue cracking of certain upper and lower skin panels of the fuselage, and follow-on and corrective actions if necessary. The existing AD also includes a terminating action for the repetitive inspections of certain modified or repaired areas only. This proposed AD would add new inspections for cracking of the fuselage skin along certain chem-milled lines, and corrective actions if necessary. This proposed AD would also reduce certain thresholds and intervals required by the existing AD. This proposed AD results from reports of new findings of vertical cracks in the fuselage skin along the chem-milled steps adjacent to the butt joints. We are proposing this AD to detect and correct fatigue cracking of the skin panels, which could result in sudden fracture and failure of the skin panels of the fuselage, and consequent rapid decompression of the airplane.
Airworthiness Directives; The Boeing Company Model 777-200 and -300 Series Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Model 777-200 and -300 series airplanes. This proposed AD would require removing the electrical system control panel, changing the wiring, installing a new electrical power control panel, and installing new operational software for the electrical load management system and configuration database. This proposed AD results from an in-flight entertainment (IFE) systems review. We are proposing this AD to ensure that the flightcrew is able to turn off electrical power to the IFE system and other non-essential electrical systems through a switch in the flight compartment in the event of smoke or flames. In the event of smoke or flames in the airplane flight deck or passenger cabin, the flightcrew's inability to turn off electrical power to the IFE system and other non-essential electrical systems could result in the inability to control smoke or flames in the airplane flight deck or passenger cabin during a non-normal or emergency situation.
Airworthiness Directives; The Boeing Company Model 737-600, -700, -700C, -800, and -900 Series Airplanes
We are revising an earlier proposed airworthiness directive (AD) for the products listed above. That NPRM proposed to require installation of an automatic shutoff system for the center tank fuel boost pumps, installation of a placard in the airplane flight deck if necessary, and concurrent modification of the P5-2 fuel control module assembly. That NPRM also proposed to require revisions to the Limitations and Normal Procedures sections of the airplane flight manual to advise the flightcrew of certain operating restrictions for airplanes equipped with an automated center tank fuel pump shutoff control. Additionally, that NPRM proposed to require a revision to the Airworthiness Limitations (AWL) section of the Instructions for Continued Airworthiness (ICA) to incorporate AWL No. 28-AWL-19 and No. 28-AWL-23. That NPRM further proposed to require installation of a secondary control relay for the electrical control circuit of each of the two center tank fuel boost pumps. That NPRM was prompted by fuel system reviews conducted by the manufacturer. This action revises that NPRM by adding airplanes, adding additional operational testing of the automatic shutoff system for certain airplanes, removing the requirement for incorporating AWL No. 28-AWL-19 into the AWL section of the ICA, and adding an option of installation and maintenance of universal fault interrupters using a certain supplemental type certificate. We are proposing this supplemental NPRM to prevent center tank fuel pump operation with continuous low pressure, which could lead to friction sparks or overheating in the fuel pump inlet that could create a potential ignition source inside the center fuel tank. These conditions, in combination with flammable fuel vapors, could result in a center fuel tank explosion and consequent loss of the airplane. Since these actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.
Amendments to General Regulations of the Food and Drug Administration; Confirmation of Effective Date
The Food and Drug Administration (FDA) is confirming the effective date of April 14, 2011, for the final rule that appeared in the Federal Register of November 30, 2010 (75 FR 73951). The direct final rule amends certain general regulations of FDA to include tobacco products, where appropriate, in light of FDA's authority to regulate these products under the Family Smoking Prevention and Tobacco Control Act, by revising the Agency's regulations to require tobacco products to be subject to the same general requirements that apply to other FDA- regulated products. This document confirms the effective date of the direct final rule.
Oral Dosage Form New Animal Drugs; Spinosad and Milbemycin Oxime
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a new animal drug application (NADA) filed by Elanco Animal Health. The NADA provides for veterinary prescription use of chewable tablets containing spinosad and milbemycin oxime in dogs for the treatment and prevention of flea infestations and for the prevention and control of various internal parasites.
Suspension of Community Eligibility
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
Request for Comments: Review and Improvement of EDA's Regulations
On February 1, 2011, the Economic Development Administration (EDA) published a Federal Register notice requesting public input to improve the agency's regulations (76 FR 5501). Because of strong interest in the agency's efforts to streamline and update its regulations, EDA publishes this notice to extend the deadline for submitting regulatory comments.
Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors
The Mine Safety and Health Administration (MSHA) is requesting comments on the proposed rule published in the Federal Register on October 19, 2010, addressing Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors. The proposed rule would improve health protections for coal miners by reducing their occupational exposure to respirable coal mine dust and lowering the risk that they will suffer material impairment of health or functional capacity over their working lives.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security Office of Operations Coordination and Planning-002 National Operations Center Tracker and Senior Watch Officer Logs System of Records
The Department of Homeland Security is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security Office of Operations Coordination and Planning002 National Operations Center Tracker and Senior Watch Officer Logs System of Records and this proposed rulemaking. The National Operations Center and Senior Watch Officer tracking functions were previously covered by Department of Homeland Security/Information Analysis and Infrastructure Protection 001 Homeland Security Operations Center Database, April 18, 2005. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Risk-Based Capital Standards: Advanced Capital Adequacy Framework-Basel II; Establishment of a Risk-Based Capital Floor
The Office of Thrift Supervision (OTS) proposes to: Amend its advanced risk-based capital adequacy standards (advanced approaches rules) \1\ to be consistent with certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act) \2\ and amend the general risk-based capital rules \3\ to provide limited flexibility consistent with section 171(b) of the Act for recognizing the relative risk of certain assets generally not held by depository institutions.
Public Availability of Government Accountability Office Records
This rule is a revision of portions of GAO's records rule. These revisions clarify procedures to obtain Government Accountability Office (GAO) documents. Published GAO documents such as testimonies, reports, and decisions are available to the public on GAO's Web site and also may be requested over the telephone. Their wide availability eliminates the need for regulations governing their request, and accordingly published GAO documents are no longer subject to the procedures of this part. The revisions also clarify that records compiled for law enforcement purposes by another agency and records provided by GAO to another agency for law enforcement purposes are not subject to disclosure. The previous regulatory language on this point was imprecise. The changes also add steps to the procedures for using GAO's public reading facility, to facilitate the efficient use of the facility. Finally, the revisions make various housekeeping changes reflecting shifts in GAO's operating procedures. These changes clarify for the public which GAO documents are subject to this part and how to obtain such documents.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Mt. Charleston Blue Butterfly as Endangered or Threatened
We, the Fish and Wildlife Service (Service), announce a 12- month finding on a petition to list the Mt. Charleston blue butterfly (Plebejus shasta charlestonensis) (formerly in genus Icaricia) as endangered or threatened under the Endangered Species Act of 1973, as amended. After review of all available scientific and commercial information, we find that listing the Mt. Charleston blue butterfly is warranted. Currently, however, listing of the Mt. Charleston blue is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add the Mt. Charleston blue butterfly to our candidate species list. If an emergency situation develops with this subspecies that warrants an emergency listing, we will act immediately to provide additional protection. We will develop a proposed rule to list this subspecies as our priorities allow. We will make any determination on critical habitat during development of the proposed listing rule.
Department of Education Acquisition Regulation
The Secretary reissues the Department of Education Acquisition Regulation (EDAR) in order to update it to accurately implement the current Federal Acquisition Regulation (FAR) and Department policies.
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