March 2011 – Federal Register Recent Federal Regulation Documents

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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).

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.

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.

The Coast Guard is establishing a temporary safety zone on the waters of the Delaware River while the Dredge Pullen conducts dredging operations at the Sunoco Marcus Hook docks in the vicinity of the Marcus Hook Range near Marcus Hook, PA. This action is necessary to maintain the 42 ft. berth draft in this portion of the Delaware River. The dredging action will facilitate commerce and safe navigation within the Port of Philadelphia, PA.

NMFS is suspending directed fishing for Pacific sardine off the coasts of Washington, Oregon and California through June 30, 2011. This action is necessary because the proposed directed harvest allocation total for Pacific sardine the first seasonal period (January 1-June 30) of 15,214 metric tons (mt) is projected to be reached by the effective date of this rule. Under this rule, Pacific sardine may be harvested only as part of the live bait fishery or incidental to other fisheries; the incidental harvest of Pacific sardine is limited to 30-percent by weight of all fish caught per trip. Vessels with Pacific sardine catch must be at shore and in the process of offloading at 12:01 a.m. Pacific Standard Time (PST) on the date of this closure. This rule is necessary to help conserve and manage Pacific sardine off the West Coast.

In this rule, EPA is making a minor correction to the final rule titled, ``Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans'' to correct the regulatory text related to Oklahoma's State Implementation Plan (SIP). Region 6 approved revisions to the Oklahoma SIP that recodified the regulations. This approved recodification took effect on December 27, 2010. This rule updates cross-references in the regulatory text in light of this recodification.

The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Cape Fear River Memorial Bridge, across the Cape Fear River, mile 26.8, at Wilmington, NC. The deviation restricts the operation of the draw span to facilitate the cleaning and painting of the structure.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Witt Penn Bridge at mile 3.1, across the Hackensack River, at Jersey City, New Jersey. The deviation is necessary to perform bridge maintenance. This deviation allows the bridge owner to require a two- hour advance notice for bridge openings.

This action supersedes emergency airworthiness directive (AD) 2011-05-51 that was sent previously to all known U.S. owners and operators of the products listed above. That AD requires inspecting the fuel ejector in the body of the fuel ejector assembly for proper installation by checking that the circlip is properly seated in its groove. That AD was prompted by three reports of incorrectly assembled low-pressure fuel system ejectors; with one of them resulting in an uncommanded engine in-flight shutdown. This AD requires the same actions and compliance times as the emergency AD, after receipt of the emergency AD, and expands the AD applicability by including helicopters having one or two affected engines and experiencing no starting difficulties. This AD results from mandatory continuing airworthiness information (MCAI) issued 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:

This rule would establish the quantity of spearmint oil produced in the Far West, by class, that handlers may purchase from, or handle on behalf of, producers during the 2011-2012 marketing year, which begins on June 1, 2011. This rule invites comments on the establishment of salable quantities and allotment percentages for Class 1 (Scotch) spearmint oil of 694,774 pounds and 34 percent, respectively, and for Class 3 (Native) spearmint oil of 1,012,983 pounds and 44 percent, respectively. The Spearmint Oil Administrative Committee (Committee), the agency responsible for local administration of the marketing order for spearmint oil produced in the Far West, recommended these limitations for the purpose of avoiding extreme fluctuations in supplies and prices to help maintain stability in the spearmint oil market.

This rule decreases the assessment rate established for the California Olive Committee (Committee) for 2011 and subsequent fiscal years from $44.72 to $16.61 per ton of olives handled. The Committee locally administers the marketing order which regulates the handling of olives grown in California. Assessments upon olive handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal year began January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.