March 30, 2011 – Federal Register Recent Federal Regulation Documents

Specified Tax Return Preparers Required To File Individual Income Tax Returns Using Magnetic Media
Document Number: 2011-7571
Type: Rule
Date: 2011-03-30
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations on the requirement for ``specified tax return preparers'' to file individual income tax returns using magnetic media pursuant to section 6011(e)(3) of the Internal Revenue Code (Code). The final regulations reflect changes made to the law by the Worker, Homeownership, and Business Assistance Act of 2009. These regulations provide guidance to specified tax return preparers who prepare and file individual income tax returns. Unless an exception in these regulations applies, a tax return preparer who meets the definition of a ``specified tax return preparer'' must electronically file Federal income tax returns that the preparer prepares and files for individuals, trusts, and estates. These regulations provide a two-year transition period for certain specified tax return preparers.
Highway-Rail Grade Crossing; Safe Clearance
Document Number: 2011-7554
Type: Proposed Rule
Date: 2011-03-30
Agency: Federal Motor Carrier Safety Administration, Department of Transportation, Pipeline and Hazardous Materials Safety Administration
On March 1, 2011, the Commercial Vehicle Safety Alliance (CVSA) requested that PHMSA and FMCSA extend the comment period for the Highway-Rail Grade Crossing; Safe Clearance Notice of Proposed Rulemaking, which was published on January 28, 2011, by 60 days. CVSA believes the extension is necessary to gain feedback from its members who will be attending the CVSA Spring Workshop Meeting from April 11- 14, 2011. This notice reopens the public comment period for the NPRM from March 29, 2011, to April 29, 2011.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in the West Yakutat District of the Gulf of Alaska
Document Number: 2011-7482
Type: Rule
Date: 2011-03-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is opening directed fishing for pollock in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to fully use the 2011 total allowable catch of pollock in the West Yakutat District of the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area
Document Number: 2011-7481
Type: Rule
Date: 2011-03-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season allowance of the 2011 Pacific cod allowable catch (TAC) specified for catcher vessels using trawl gear in the BSAI.
Approval and Promulgation of Implementation Plans; State of Missouri
Document Number: 2011-7470
Type: Proposed Rule
Date: 2011-03-30
Agency: Environmental Protection Agency
EPA is proposing to approve the State Implementation Plan (SIP) submittal from the state of Missouri addressing the requirements of Clean Air Act (CAA) sections 110(a)(1) and (2) for the 1997 revisions to the National Ambient Air Quality Standards (NAAQS) for ozone. Section 110(a)(1) requires that each state adopt and submit a SIP to support implementation of each new or revised NAAQS promulgated by the EPA and these SIPs are commonly referred to as ``infrastructure'' SIPs. EPA believes that Missouri's infrastructure SIP adequately addresses the elements described in section 110(a)(2) and further described in the October 2, 2007, guidance for infrastructure SIPs issued by the EPA Office of Air Quality Planning and Standards. However, because EPA already approved the portion of Missouri's SIP submittal relating to the interstate transport infrastructure element, section 110(a)(2)(D)(i), this proposed rulemaking does not address the interstate transport element, nor does this proposal reopen any aspect of EPA's prior action on the interstate transport element. Furthermore, this action does not address infrastructure requirements with respect to the 1997 PM2.5 NAAQS or the 2006 revisions to the NAAQS. Those requirements will be addressed in future rulemaking.
Reducing Regulatory Burden; Retrospective Review Under E.O. 13563
Document Number: 2011-7468
Type: Proposed Rule
Date: 2011-03-30
Agency: Department of the Treasury
On January 18, 2011, the President issued Executive Order 13563, ``Improving Regulation and Regulatory Review,'' which sets forth principles and requirements designed to promote public participation, improve integration and innovation, increase flexibility, ensure scientific integrity, and increase retrospective analysis of existing rules. The Department of the Treasury, in its effort to improve Treasury regulations, invites interested members of the public to submit comments on its preliminary plan to review retrospectively its regulations and to submit suggestions as to which Treasury regulations should be modified, expanded, streamlined, or repealed.
Approval and Promulgation of Implementation Plans; State of Kansas
Document Number: 2011-7467
Type: Proposed Rule
Date: 2011-03-30
Agency: Environmental Protection Agency
EPA is proposing to approve the State Implementation Plan (SIP) submittal from the State of Kansas addressing the requirements of Clean Air Act (CAA) sections 110(a)(1) and (2) for the 1997 revisions to the National Ambient Air Quality Standards (NAAQS) for ozone. Section 110(a)(1) requires that each state adopt and submit a SIP to support implementation of each new or revised NAAQS promulgated by the EPA and these SIPs are commonly referred to as ``infrastructure'' SIPs. EPA believes that Kansas' infrastructure SIP adequately addresses the elements described in section 110(a)(2) and further described in the October 2, 2007 guidance for infrastructure SIPs issued by the EPA Office of Air Quality Planning and Standards. However, because EPA already approved the portion of Kansas' SIP submittal relating to the interstate transport infrastructure element, section 110(a)(2)(D)(i), this proposed rulemaking does not address the interstate transport element, nor does this proposal reopen any aspect of EPA's prior action on the interstate transport element. Furthermore, this action does not address infrastructure requirements with respect to the 1997 PM2.5 NAAQS or the 2006 revisions to the NAAQS. Those requirements will be addressed in future rulemaking.
Drawbridge Operation Regulations; Rainy River, Ranier, MN
Document Number: 2011-7466
Type: Rule
Date: 2011-03-30
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a drawbridge regulation for the Canadian National Railway Bridge across the Rainy River at Mile 85.0 at Rainer, Minnesota. This rule addresses the request by the bridge owner to remotely operate the drawbridge and establishes seasonal dates of operation.
Sodium Ferric Ethylenediaminetetraacetate; Exemption From the Requirement of a Tolerance
Document Number: 2011-7465
Type: Rule
Date: 2011-03-30
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of sodium ferric ethylenediaminetetraacetate (EDTA) in or on all food commodities when applied as a molluscicide and used in accordance with good agricultural practices. W. Neudorff GmbH KG submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of sodium ferric EDTA under the FFDCA.
Propylene Oxide; Proposed Pesticide Tolerance
Document Number: 2011-7462
Type: Proposed Rule
Date: 2011-03-30
Agency: Environmental Protection Agency
This document proposes to amend the propylene oxide tolerance on ``nut, tree, group 14'' to ``nutmeat, processed, except peanuts'' to correct an error in a prior rulemaking.
Approval and Promulgation of Implementation Plans; Oklahoma; Regional Haze State Implementation Plan; Federal Implementation Plan for Interstate Transport of Pollution Affecting Visibility and Best Available Retrofit Technology Determinations
Document Number: 2011-7459
Type: Proposed Rule
Date: 2011-03-30
Agency: Environmental Protection Agency
On March 22, 2011, EPA published a proposal in the Federal Register to approve and disapprove portions of State Implementation Plan (SIP) revisions submitted by the State of Oklahoma and promulgate a Federal Implementation Plan (FIP) to address the Clean Air Act requirement for best available retrofit technology (BART) for sulfur dioxide (SO2) emissions and to prevent emissions from Oklahoma sources from interfering with other states' measures to protect visibility. In the notice EPA announced an open house and public hearing for the proposal to be held April 13, 2011, in Oklahoma City, Oklahoma. In this notice EPA is announcing an additional open house and public hearing to be held in Tulsa, Oklahoma on April 14, 2011. More information is provided in SUPPLEMENTARY INFORMATION.
Assessments, Large Bank Pricing
Document Number: 2011-7457
Type: Rule
Date: 2011-03-30
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The FDIC is correcting a final rule that appeared in the Federal Register of February 25, 2011 (76 FR 10672), regarding Assessments, Large Bank Pricing. This correction clarifies words of amendatory instruction numbered 8 on page 10720.
Approval and Promulgation of Implementation Plans; State of Nebraska
Document Number: 2011-7454
Type: Proposed Rule
Date: 2011-03-30
Agency: Environmental Protection Agency
EPA is proposing to approve the State Implementation Plan (SIP) submittal from the state of Nebraska addressing the requirements of Clean Air Act (CAA) sections 110(a)(1) and (2) for the 1997 revisions to the National Ambient Air Quality Standards (NAAQS) for ozone. Section 110(a)(1) requires that each state adopt and submit a SIP to support implementation of each new or revised NAAQS promulgated by the EPA and these SIPs are commonly referred to as ``infrastructure'' SIPs. EPA believes that Nebraska's infrastructure SIP adequately addresses the elements described in section 110(a)(2) and further described in the October 2, 2007 guidance for infrastructure SIPs issued by the EPA Office of Air Quality Planning and Standards. However, because EPA already approved the portion of Nebraska's SIP submittal relating to the interstate transport infrastructure element, section 110(a)(2)(D)(i), this proposed rulemaking does not address the interstate transport element, nor does this proposal reopen any aspect of EPA's prior action on the interstate transport element. Furthermore, this action does not address infrastructure requirements with respect to the 1997 PM2.5 NAAQS or the 2006 revisions to the NAAQS. Those requirements will be addressed in future rulemaking.
Energy Conservation Standards for Commercial Refrigeration Equipment: Public Meeting and Availability of the Preliminary Technical Support Document
Document Number: 2011-7452
Type: Proposed Rule
Date: 2011-03-30
Agency: Department of Energy
The U.S. Department of Energy (DOE) will hold a public meeting to discuss and receive comments on the equipment classes that DOE plans to analyze for establishing energy conservation standards for commercial refrigeration equipment; the analytical framework, models, and tools that DOE is using to evaluate standards for this equipment; the results of preliminary analyses performed by DOE for this equipment; the potential energy conservation standard levels derived from these analyses that DOE could consider for this equipment; and any other issues relevant to the development of energy conservation standards for commercial refrigeration equipment. In addition, DOE encourages written comments on these subjects. To inform interested parties and facilitate this process, DOE has prepared an agenda, a preliminary technical support document (preliminary TSD), and briefing materials.
Increased Scope of Coverage for Electric Motors
Document Number: 2011-7440
Type: Proposed Rule
Date: 2011-03-30
Agency: Department of Energy
The U.S. Department of Energy (DOE or the Department) seeks certain information to help inform its current rulemaking to set energy conservation standards for electric motors. Specifically, DOE seeks information to assist DOE in determining whether to develop energy conservation standards for certain types of electric motors that are currently unregulated by any standards. Should DOE receive sufficient information supporting the inclusion of these motor types, DOE will consider including these motor types in the electric motors standards rulemaking.
Drawbridge Operation Regulation; Mermentau River, Grand Chenier, LA
Document Number: 2011-7416
Type: Rule
Date: 2011-03-30
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the SR 82 swing span bridge across the Mermentau River, mile 7.1, at Grand Chenier, Cameron Parish, Louisiana. This deviation is necessary for physical and mechanical repairs pertaining to the bridge's main span and components. This deviation allows the bridge to remain closed to navigation for approximately 5 consecutive days, sometime within a nineteen day period.
Special Conditions: Bombardier Model BD-700-1A10 and BD-700-1A11 Airplanes, Head-Up Display (HUD) With Video Synthetic Vision System (SVS)
Document Number: 2011-7414
Type: Proposed Rule
Date: 2011-03-30
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for Bombardier Model BD-700-1A10 and BD-700-1A11 airplanes. These airplanes, as modified by Bombardier Inc., will have a novel or unusual design features associated with a SVS that displays video imagery on the HUD. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Board of Veterans' Appeals: Remand or Referral for Further Action; Notification of Evidence Secured by the Board and Opportunity for Response
Document Number: 2011-7395
Type: Rule
Date: 2011-03-30
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is amending the Appeals Regulations of the Board of Veterans' Appeals (Board) to articulate the Board's practice of referring unadjudicated claims to the Agency of Original Jurisdiction (AOJ) for appropriate action, and to describe when it is appropriate for the Board to remand a claim to the AOJ for the limited purpose of issuing a Statement of the Case (SOC). We are also amending the Board's Rules of Practice to outline the procedures the Board must follow when supplementing the record with a recognized medical treatise, and to remove the notice procedures the Board must currently follow when considering law not considered by the AOJ. The purpose of these amendments is to codify existing practices derived from caselaw, enhance efficiency, and provide guidance and clarification.
Practice and Procedure
Document Number: 2011-7383
Type: Rule
Date: 2011-03-30
Agency: Federal Communications Commission, Agencies and Commissions
The Federal Communications Commission has published a number of requirements related to practice and procedure before the Commission. This document announces the approval of the Office of Management and Budget (OMB) for information collection requirements contained in the sections outlined in the DATES section.
Aviation Service Regulations
Document Number: 2011-7382
Type: Proposed Rule
Date: 2011-03-30
Agency: Federal Communications Commission, Agencies and Commissions
This document considers a petition for rulemaking requesting comment on a petition for rulemaking filed by OCAS, Inc. (OCAS) regarding audio visual warning systems (AVWS). OCAS, Inc. installs such technology under the trademark OCAS [supreg]. AVWS are integrated air hazard notification systems that utilize radar frequencies and VHF voice frequencies to activate obstruction lighting and transmit audible warnings to aircraft on a potential collision course with obstacles such as power lines, wind turbines, bridges and towers. OCAS requests that we amend part 87 of the Commission's rules to permit AVWS stations to operate radar units, and to transmit audible warnings to pilots. We seek comment on operational, licensing, eligibility and equipment certification issues regarding AVWS stations and technology.
Amateur Service Rules
Document Number: 2011-7381
Type: Rule
Date: 2011-03-30
Agency: Federal Communications Commission, Agencies and Commissions
This document revises the Amateur Radio Service rules to amend and clarify the rules with respect to amateur stations transmitting spread spectrum emissions. The rule amendments are necessary to eliminate the requirement that an amateur station use automatic power control to reduce transmitter power when the station transmits a spread spectrum emission, and to reduce the maximum allowed transmitter output power for an amateur station transmitting a spread spectrum emission. The effect of this action is to eliminate the automatic power control provision which has proven to be virtually impossible to implement, and to encourage amateur stations to experiment with spread spectrum communications technologies.
Inflatable Personal Flotation Devices
Document Number: 2011-7283
Type: Rule
Date: 2011-03-30
Agency: Coast Guard, Department of Homeland Security
By this direct final rule, the Coast Guard is harmonizing structural and performance standards for inflatable recreational personal flotation devices (PFDs) with current voluntary industry consensus standards. This direct final rule also slightly modifies regulatory text in anticipation of a future rulemaking addressing the population for which inflatable recreational PFDs are approved, but does not change the current affected population.
Receipt of Request To Require Pesticide Products To Be Labeled in English and Spanish
Document Number: 2011-6884
Type: Proposed Rule
Date: 2011-03-30
Agency: Environmental Protection Agency
This notice is to advise the public that the Migrant Clinicians Network and other farm worker interest groups have petitioned EPA to require all pesticide labels be available in both English and Spanish. The Agency is taking public comment on the request before responding to the petitioners.
Special Local Regulations and Safety Zones; Recurring Events in Northern New England
Document Number: 2011-6783
Type: Rule
Date: 2011-03-30
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is amending special local regulations and establishing permanent safety zones in the Coast Guard Northern New England Captain of the Port (COTP) Zone for annual recurring marine events. When these special local regulations or safety zones are activated, and thus subject to enforcement, this rule restricts vessels from portions of water areas during annual events in the Northern New England COTP Zone. The revised special local regulations and safety zones reduce administrative overhead, expedite public notification of events, and ensure the protection of the maritime public and event participants from the hazards associated with firework displays, boat races, and other marine events.
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions; Interim Rule; Stay and Revisions
Document Number: 2011-6670
Type: Rule
Date: 2011-03-30
Agency: Environmental Protection Agency
EPA is taking an interim action to effectuate and extend a stay of the final rule entitled ``Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions'' (``Fugitive Emissions Rule'') published in the Federal Register on December 19, 2008. The Fugitive Emissions Rule under the Federal NSR program required that fugitive emissions be included in determining whether a physical or operational change results in a major modification only for sources in designated industries. EPA issued a stay of the Fugitive Emissions Rule on March 31, 2010, that was effective for 18 months through October 3, 2011. This action supersedes the stay and thereby corrects potential confusion caused by that stay. To effectuate a stay of the Fugitive Emissions Rule, this action clarifies the stay and the revisions of specific paragraphs in the NSR regulations that were affected by the Fugitive Emissions Rule. This action also extends the stay until EPA completes its reconsideration of the Fugitive Emissions Rule.
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