March 21, 2011 – Federal Register Recent Federal Regulation Documents

Special Local Regulations for Marine Events; Chester River, Chestertown, MD
Document Number: 2011-6588
Type: Proposed Rule
Date: 2011-03-21
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish special local regulations during the reenactment portion of the ``Chestertown Tea Party Festival'', a marine event to be held on the waters of the Chester River, Chestertown, Maryland. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Chester River during the event.
Special Local Regulations for Marine Events; Potomac River, Charles County, MD
Document Number: 2011-6587
Type: Rule
Date: 2011-03-21
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing special local regulations during the ``Potomac River Sharkfest Swim'' amateur swim, a marine event to be held on the waters of the Potomac River. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Potomac River during the event.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Golden Crab Fishery Off the Southern Atlantic States; Control Date
Document Number: 2011-6583
Type: Proposed Rule
Date: 2011-03-21
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that it is establishing a control date of December 7, 2010, to control future access to the golden crab 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 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 golden crab fishery should be controlled.
Hawaii Bottomfish and Seamount Groundfish Fisheries; Modification of Fishery Closures
Document Number: 2011-6580
Type: Rule
Date: 2011-03-21
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final rule changes the advance notification period for in-season closure of the main Hawaiian Islands (MHI) Deep-7 bottomfish fishery from 14 to 7 days. The intent of the change is to enhance administration of the fishery.
Security Zones; Cruise Ships, Port of San Diego, CA
Document Number: 2011-6579
Type: Rule
Date: 2011-03-21
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is amending its regulations for Security Zones; Cruise Ships, Port of San Diego, California, by providing a common description of all security zones created by this section to encompass only navigable waters within a 100 yard radius around any cruise ship that is located within the San Diego port area landward of the sea buoys bounding the Port of San Diego. This final rule removes a reference to shore area that is no longer necessary to provide for the safety of the cruise ship, vessels, and users of the waterway. Entry into these security zones will be prohibited unless specifically authorized by the Captain of the Port (COTP) San Diego, or a COTP designated representative.
Reducing Regulatory Burden; Retrospective Review Under E.O. 13563
Document Number: 2011-6576
Type: Proposed Rule
Date: 2011-03-21
Agency: Department of Labor
In response to the President's Executive Order 13563 on improving regulation and regulatory review, the Department of Labor (DOL or the Department) is preparing a preliminary plan to review its existing significant regulations. The purpose of this notice is to invite public comment on how the Department can improve any of its significant regulations by modifying, streamlining, expanding, or repealing them.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quotas and Atlantic Tuna Fisheries Management Measures; Correction
Document Number: 2011-6563
Type: Proposed Rule
Date: 2011-03-21
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On March 14, 2011, NMFS published a proposed rule to modify Atlantic bluefin tuna (BFT) base quotas for all domestic fishing categories; establish BFT quota specifications for the 2011 fishing year; reinstate pelagic longline target catch requirements for retaining BFT in the Northeast Distant Gear Restricted Area (NED); amend the Atlantic tunas possession at sea and landing regulations to allow removal of Atlantic tunas tail lobes; and clarify the transfer at sea regulations for Atlantic tunas. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). In the proposed rule, NMFS announced the end of the comment period as April 14, 2011, which would allow an approximately 30-day comment period. In order to provide additional opportunities for the public and other interested parties to comment on the proposed rule, NMFS is extending the comment period for this action until April 28, 2011, allowing a 45-day comment period. Comments received by NMFS on the proposed rule will help NMFS determine whether and how to implement final management measures for the BFT and Atlantic tuna fisheries as described in the proposed action. In addition, NMFS has rescheduled the public hearing that was originally scheduled for March 21, 2011, 3 to 5 p.m., in Gloucester, MA. NMFS has rescheduled the public hearing to be held on April 1, 2011, 1 to 3 p.m. at the same location.
Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of California; PM-10; Technical Amendment
Document Number: 2011-6559
Type: Rule
Date: 2011-03-21
Agency: Environmental Protection Agency
EPA is making a technical amendment to the Code of Federal Regulations to reflect the final actions published by the Agency on November 12, 2008 in connection with the designations of the San Joaquin Valley Air Basin and East Kern areas for particulate matter of ten microns or less (PM-10).
Changes in Disease Status of the Brazilian State of Santa Catarina With Regard to Certain Ruminant and Swine Diseases; Technical Amendment
Document Number: 2011-6538
Type: Rule
Date: 2011-03-21
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
In a final rule that was published in the Federal Register on November 16, 2010, and effective on December 1, 2010, we added the Brazilian State of Santa Catarina to the list of regions we recognize as free of foot-and-mouth disease (FMD), rinderpest, swine vesicular disease (SVD), classical swine fever (CSF), and African swine fever. We also added Santa Catarina to the list of regions that are subject to certain import restrictions on meat and meat products because of their proximity to or trading relationships with rinderpest- or FMD-affected countries. In the final rule, we neglected to add Santa Catarina to the lists of regions that are subject to certain import restrictions on pork and pork products because of their proximity to or trading relationships with SVD- and CSF-affected countries. This document corrects that error.
Redelegation of Authority to Compromise and Close Civil Claims
Document Number: 2011-6530
Type: Rule
Date: 2011-03-21
Agency: Department of Justice
This Tax Division directive delegates to a Principal Deputy Assistant Attorney General all of the Assistant Attorney General's authority to compromise and close civil claims, except when such action is opposed by the client agency or agencies. This Tax Division directive further delegates settlement authority of the Chiefs of the Civil Trial Sections, the Court of Federal Claims Section, the Appellate Section, the Office of Review, and the Deputy Assistant Attorneys General, to compromise and close civil claims. In addition, this directive allows discretionary redelegation of limited authority by a Section Chief to his or her Assistant Chiefs and Reviewers. This directive supersedes Directive No. 135.
Organization and Delegation of Powers and Duties; Assistant Secretary for Administration
Document Number: 2011-6519
Type: Rule
Date: 2011-03-21
Agency: Department of Transportation
This rule delegates authorities vested in the Secretary of Transportation (Secretary) by the Energy Independence and Security Act of 2007 (Act) (Pub. L. 110-140; December 19, 2007) to the Assistant Secretary for Administration.
Airworthiness Directives; Goodrich Evacuation Systems Approved Under Technical Standard Order (TSO) TSO-C69b and Installed on Airbus Model A330-200 and -300 Series Airplanes, Model A340-200 and -300 Series Airplanes, and Model A340-541 and -642 Airplanes
Document Number: 2011-6500
Type: Proposed Rule
Date: 2011-03-21
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) that applies to Goodrich evacuation systems approved under TSO- C69b and installed on certain Model A330-200 and -300 series airplanes, Model A340-200 and -300 series airplanes, and Model A340-541 and -642 airplanes. The existing AD currently requires inspecting to determine the part number of the pressure relief valves on the affected Goodrich evacuation systems, and corrective action if necessary. Since we issued that AD, we have received reports that during workshop testing, certain pressure relief valves, which were required by the existing AD, did not seal and allowed the pressure in slides/rafts to fall below the minimum raft mode pressure for the unit. This proposed AD would require inspecting to determine the part number of the pressure relief valves on the affected Goodrich evacuation systems and replacing certain pressure relief valves. This proposed AD would also add airplanes to the applicability. We are proposing this AD to prevent loss of pressure in the escape slides/rafts after an emergency evacuation, which could result in inadequate buoyancy to support the raft's passenger capacity during ditching and increase the chance for injury to raft passengers.
Anchorage Regulations; Narragansett Bay and Rhode Island Sound, RI
Document Number: 2011-6498
Type: Proposed Rule
Date: 2011-03-21
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to remove an obsolete Naval explosives anchorage in Narragansett Bay, Rhode Island, and to add an offshore anchorage in Rhode Island Sound south of Brenton Point, Rhode Island, for use by vessels waiting to enter Narragansett Bay.
Importation of Fresh Baby Kiwi From Chile Under a Systems Approach
Document Number: 2011-6492
Type: Proposed Rule
Date: 2011-03-21
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the fruits and vegetables regulations to allow the importation into the continental United States of baby kiwi fruit from Chile, subject to a systems approach. Under this systems approach, the fruit would have to be grown in a place of production that is registered with the Government of Chile and certified as having a low prevalence of Brevipalpus chilensis. The fruit would have to undergo pre-harvest sampling at the registered production site. Following post-harvest processing, the fruit would have to be inspected in Chile at an approved inspection site. Each consignment of fruit would have to be accompanied by a phytosanitary certificate with an additional declaration stating that the fruit had been found free of Brevipalpus chilensis based on field and packinghouse inspections. This proposed rule would allow for the safe importation of fresh baby kiwi from Chile using mitigation measures other than fumigation with methyl bromide.
Operations Specifications; Correction
Document Number: 2011-6489
Type: Rule
Date: 2011-03-21
Agency: Federal Aviation Administration, Department of Transportation
The FAA is correcting a final rule published on February 10, 2011 (76 FR 7482). In that rule, the FAA amended its regulations to clarify and standardize the rules for applications by foreign air carriers and foreign persons for part 129 operations specifications and establish new standards for amendment, suspension, and termination of those operations specifications. This document corrects errors in the codified text of that document.
Freedom of Information Act Regulations
Document Number: 2011-6473
Type: Proposed Rule
Date: 2011-03-21
Agency: Department of Justice
This rule proposes revisions to the Department's regulations under the Freedom of Information Act (FOIA). The regulations are being revised to update and streamline the language of several procedural provisions, and to incorporate certain of the changes brought about by the amendments to the FOIA under the OPEN Government Act of 2007. Additionally, the regulations are being updated to reflect developments in the case law and to include current cost figures to be used in calculating and charging fees.
Deferral for CO2
Document Number: 2011-6438
Type: Proposed Rule
Date: 2011-03-21
Agency: Environmental Protection Agency
This action proposes to defer for a period of three (3) years the application of the Prevention of Significant Deterioration (PSD) and Title V permitting requirements to biogenic carbon dioxide (CO2) emissions from bioenergy and other biogenic stationary sources. This action is being taken as part of the process of granting the Petition for Reconsideration filed by the National Alliance of Forest Owners (NAFO) on August 3, 2010, related to the PSD and Title V Greenhouse Gas Tailoring Rule.
Incorporating the 2010 Dietary Guidelines for Americans Into the Proposed School Meal Patterns
Document Number: 2011-6403
Type: Proposed Rule
Date: 2011-03-21
Agency: Department of Agriculture, Food and Nutrition Service
This document informs the public about a change in the Dietary Guidelines for Americans that affects the proposed rule ``Nutrition Standards in the National School Lunch and School Breakfast Programs'' issued by the Department of Agriculture and published in the Federal Register on January 13, 2011. Members of the public are asked to address this change when writing comments on the above referenced rule to assist the Department in updating the school meal patterns and nutrition standards according to the latest dietary recommendations.
Proposed Amendment of Class D and E Airspace; Palmdale, CA
Document Number: 2011-6336
Type: Proposed Rule
Date: 2011-03-21
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class D airspace and Class E airspace at Palmdale, CA, to accommodate aircraft using Instrument Landing System (ILS) Localizer (LOC) standard instrument approach procedures at Palmdale Regional Airport/USAF Plant 42. This action would enhance the safety and management of aircraft operations at Palmdale Regional Airport/USAF Plant 42. This action would also correct the name of the airport.
Rules of Practice in Proceedings Relative to Mail Disputes
Document Number: 2011-6332
Type: Rule
Date: 2011-03-21
Agency: Postal Service, Agencies and Commissions
The Postal Service is amending the rules of practice of the Office of the Judicial Officer to clarify that parties may submit arguments as well as sworn statements in support of their claims to disputed mail. In addition, the rules are being amended to clarify some provisions and update obsolete language.
Guidelines for Determining Probability of Causation Under the Energy Employees Occupational Illness Compensation Program Act of 2000; Revision of Guidelines on Non-Radiogenic Cancers
Document Number: 2011-6329
Type: Proposed Rule
Date: 2011-03-21
Agency: Department of Health and Human Services
The Department of Health and Human Services (HHS) is proposing to treat chronic lymphocytic leukemia (CLL) as a radiogenic cancer under the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA). Under current guidelines HHS promulgated as regulations in 2002, all types of cancers except for CLL are treated as being potentially caused by radiation and hence as potentially compensable under EEOICPA. HHS proposes to reverse its decision to exclude CLL from such treatment.
Proposed Modification to Regulation Concerning the Revocation of Antidumping and Countervailing Duty Orders
Document Number: 2011-6019
Type: Proposed Rule
Date: 2011-03-21
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``the Department'') proposes to modify our regulations which govern the revocation of antidumping and countervailing duty orders, in whole or in part, and the termination of suspended antidumping and countervailing duty investigations. The modification, if adopted, would eliminate the provision for revocation of an antidumping or countervailing duty order with respect to individual exporters or producers based on those individual exporters or producers having received antidumping margins of zero for three consecutive years, or countervailing duty rates of zero for five consecutive years.
Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units
Document Number: 2011-4495
Type: Rule
Date: 2011-03-21
Agency: Environmental Protection Agency
This action promulgates EPA's final response to the 2001 voluntary remand of the December 1, 2000, new source performance standards and emission guidelines for commercial and industrial solid waste incineration units and the vacatur and remand of several definitions by the District of Columbia Circuit Court of Appeals in 2007. In addition, this action includes the 5-year technology review of the new source performance standards and emission guidelines required under section 129 of the Clean Air Act. This action also promulgates other amendments that EPA believes are necessary to address air emissions from commercial and industrial solid waste incineration units.
National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters
Document Number: 2011-4494
Type: Rule
Date: 2011-03-21
Agency: Environmental Protection Agency
On September 13, 2004, under authority of section 112 of the Clean Air Act, EPA promulgated national emission standards for hazardous air pollutants for new and existing industrial/commercial/ institutional boilers and process heaters. On June 19, 2007, the United States Court of Appeals for the District of Columbia Circuit vacated and remanded the standards. In response to the Court's vacatur and remand, EPA is, in this action, establishing emission standards that will require industrial/ commercial/institutional boilers and process heaters located at major sources to meet hazardous air pollutants standards reflecting the application of the maximum achievable control technology. This rule protects air quality and promotes public health by reducing emissions of the hazardous air pollutants listed in section 112(b)(1) of the Clean Air Act.
National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers
Document Number: 2011-4493
Type: Rule
Date: 2011-03-21
Agency: Environmental Protection Agency
EPA is promulgating national emission standards for control of hazardous air pollutants from two area source categories: Industrial boilers and commercial and institutional boilers. The final emission standards for control of mercury and polycyclic organic matter emissions from coal-fired area source boilers are based on the maximum achievable control technology. The final emission standards for control of hazardous air pollutants emissions from biomass-fired and oil-fired area source boilers are based on EPA's determination as to what constitutes the generally available control technology or management practices.
Identification of Non-Hazardous Secondary Materials That Are Solid Waste
Document Number: 2011-4492
Type: Rule
Date: 2011-03-21
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or the Agency) is publishing a final rule that identifies which non-hazardous secondary materials, when used as fuels or ingredients in combustion units, are ``solid wastes'' under the Resource Conservation and Recovery Act (RCRA). This RCRA solid waste definition will determine whether a combustion unit is required to meet the emissions standards for solid waste incineration units issued under section 129 of the Clean Air Act (CAA) or the emissions standards for commercial, industrial, and institutional boilers issued under section 112 of the CAA. In this action, EPA is also finalizing a definition of traditional fuels.
Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Sewage Sludge Incineration Units
Document Number: 2011-4491
Type: Rule
Date: 2011-03-21
Agency: Environmental Protection Agency
This action promulgates EPA's new source performance standards and emission guidelines for sewage sludge incineration units located at wastewater treatment facilities designed to treat domestic sewage sludge. This final rule sets limits for nine pollutants under section 129 of the Clean Air Act: Cadmium, carbon monoxide, hydrogen chloride, lead, mercury, nitrogen oxides, particulate matter, polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans, and sulfur dioxide.
National Emission Standards for Hazardous Air Pollutants; Notice of Reconsideration
Document Number: 2011-4490
Type: Proposed Rule
Date: 2011-03-21
Agency: Environmental Protection Agency
EPA is initiating a reconsideration process with respect to certain aspects of the national emission standards for hazardous air pollutants (NESHAP) for new and existing sources for Major Source Industrial, Commercial, and Institutional Boilers and Process Heaters; the NESHAP for new and existing sources for Area Source Industrial, Commercial, and Institutional Boilers; and standards of performance for new Commercial and Industrial Solid Waste Incineration Units and emission guidelines for existing Commercial and Industrial Solid Waste Incineration Units published as final rules elsewhere in this issue of this Federal Register.
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