March 2011 – Federal Register Recent Federal Regulation Documents

This document corrects technical errors that appeared in the final rule published on November 24, 2010, entitled ``Medicare Program: Hospital Outpatient Prospective Payment System and CY 2011 Payment Rates; Ambulatory Surgical Center Payment System and CY 2011 Payment Rates; Payments to Hospitals for Graduate Medical Education Costs; Physician Self-Referral Rules and Related Changes to Provider Agreement Regulations; Payment for Certified Registered Nurse Anesthetist Services Furnished in Rural Hospitals and Critical Access Hospitals.''

NMFS proposes a regulatory amendment that would limit access of Federally permitted pot and hook-and-line catcher/processors (C/P) to the Pacific cod fishery in State of Alaska waters adjacent to the Bering Sea and Aleutian Islands management area (BSAI). The affected fishery is commonly known as the ``parallel'' fishery. The parallel fishery occurs off the coast of Alaska, within 3 nautical miles of shore and is managed by the State of Alaska concurrent with the Federal pot and hook-and-line fishery for Pacific cod in the BSAI. This proposed rule would limit access to the parallel fishery for Pacific cod in three ways. First, it would require that an owner of a Federally permitted pot or hook-and-line C/P vessel used to catch Pacific cod in the State of Alaska parallel fishery be issued the same endorsements on their Federal fisheries permit (FFP) or license limitation program (LLP) license as currently are required for catching Pacific cod in the Federal waters of the BSAI. Second, an operator of any Federally permitted pot or hook-and-line C/P vessel used to catch Pacific cod in the parallel fishery would also be required to comply with the same seasonal closures of Pacific cod that apply in the Federal fishery. Third, an owner of a pot or hook-and-line C/P vessel who surrenders an FFP would not be reissued a new FFP within the 3-year term of the permit. These three measures are necessary to limit some C/Ps from catching a greater amount of Pacific cod in the parallel fishery than have been allocated to their sector from the BSAI Total Allowable Catch. Maintaining Pacific cod catch amounts within sector allocations would also reduce the potential for shortened Pacific cod seasons for C/Ps in the Federal fishery. These three measures also would improve the coverage of NMFS catch accounting and monitoring requirements on vessels participating in the parallel fishery. This action is intended to promote the goals and objectives of the Fisheries Management Plan for Groundfish of the Bering Sea and Aleutians Islands Management Area, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable laws.

This final rule revises the annual number of allowable incidental interactions that may occur between the Hawaii-based shallow-set pelagic longline fishery and loggerhead sea turtles. The U.S. District Court for the District of Hawaii issued an Order that directs NMFS to revise the annual interaction limit for loggerhead turtles from 46 to 17. The intent of this final rule is to ensure that the regulations promulgate the revised limit as required by the Court Order.

The Coast Guard is withdrawing its notice of proposed rulemaking (NPRM) concerning the establishment of remote drawbridge operating procedures for the Canadian National Railway Bridge across the Fox River at Mile 55.72 at Oshkosh, Wisconsin. After careful consideration of the comments from all parties it was determined to be in the best interest of navigation to withdraw the NPRM.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements international telecommunications service regulations. The information collection requirements were approved on February 18, 2011 by OMB.

DoD is making a technical amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) to add text and a reference to a memorandum from the Director, Defense Procurement and Acquisition Policy.

This document contains corrections to the final rule published in the Federal Register of Wednesday, September 15, 2010, at 75 FR 56236, relating to nondiscrimination on the basis of disability by public accommodations and in commercial facilities. This document will correct an inadvertent error in an instruction, the omission of some language in the rule, and an error reflected in certain sections of the rule relating to service animals.

GSA is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to amend the GSAR to restore guidance on making final payments under construction and building service contracts to ensure contractors are paid in accordance with their contract requirements and not overpaid or receive improper payments for work performed. This guidance, which prescribed the use of GSA Form 1142, Release of Claims, for releases of claims under construction and building service contracts, was inadvertently deleted as part of the Rewrite of GSAR regulations on Contract Financing. GSA Contracting Officers have used this form to achieve uniformity and consistency in the release of claims process.

The Fish and Wildlife Service (Service) proposes regulations that would authorize the nonlethal, incidental, unintentional take of small numbers of polar bears and Pacific walruses during year-round oil and gas industry (Industry) exploration, development, and production operations in the Beaufort Sea and adjacent northern coast of Alaska. Industry operations for the covered period are similar to, and include all activities covered by the previous 5-year Beaufort Sea incidental take regulations that were effective from August 2, 2006, through August 2, 2011. We propose a finding that the total expected takings of polar bears and Pacific walruses during oil and gas industry exploration, development, and production activities will have a negligible impact on these species and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. We base this finding on the results of 17 years of data on the encounters and interactions between polar bears, Pacific walruses, and Industry; recent studies of potential effects of Industry on these species; oil spill risk assessments; potential and documented Industry impacts on these species; and current information regarding the natural history and status of polar bears and Pacific walruses. We are proposing that this rule be effective for 5 years from date of issuance.

NMFS is reopening the comment period to provide additional opportunity for public comment on the proposed rule that would implement a seasonal closure for the Gulf of Mexico (Gulf) greater amberjack recreational sector. The reopening of the comment period is to ensure that the public fully understands the intent of the greater amberjack regulatory amendment. NMFS is reopening the comment period for the proposed rule on March 10, 2011 and it will remain open through March 25, 2011. The intended effect of the proposed rule is to mitigate the social and economic impacts associated with implementing in-season closures.

The U. S. Department of Energy's Office of Energy Efficiency and Renewable Energy (EERE) is seeking input on potential proposed changes to the draft International Green Construction Code (IgCC). The first edition of the IgCC is currently being developed by the International Code Council (ICC) for anticipated publication in 2012. EERE will be holding a public meeting to present and solicit public comment on proposed changes.

The U.S. Office of Personnel Management (OPM) is issuing proposed regulations to eliminate the 2-year eligibility limitation for noncompetitive appointment for spouses of certain deceased or 100 percent disabled veterans. OPM is removing this restriction to provide spouses of certain deceased or 100 percent disabled veterans with unlimited eligibility for noncompetitive appointment. The intended effect of this change is to further facilitate the entry of these military spouses into the Federal civil service.

We, the U.S. Fish and Wildlife Service (Service), under the authority of the Endangered Species Act of 1973, as amended (Act), announce the initiation of a status review for the longfin smelt (Spirinchus thaleichthys). To ensure that 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, which will address whether the listing may be warranted, as provided in section 4(b)(3)(B) of the Act.

This notice extends the public comment period for the NPRM from April 4, 2011 to May 23, 2011.

The Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the Agency'') in determining which sites warrant further investigation. These further investigations will allow EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule proposes to add 15 sites to the General Superfund section of the NPL. One of the sites included in this proposed rule, MolyCorp, Inc., was previously proposed in May 2000. MolyCorp, Inc. is being re-proposed with a revised HRS score that is based on extensive new sampling data.

We are superseding an existing airworthiness directive (AD) for the products listed above. That AD currently requires you to incorporate operating limitations of maximum operating altitude of 37,000 feet into Section 2, Limitations, of the airplane flight manual (AFM). This AD requires you to incorporate operating limitations of maximum operating altitude of 30,000 feet into Section 2, Limitations, of the AFM. This AD was prompted by several incidents of engine surge. We are issuing this AD to prevent hard carbon buildup on the static vane, which could result in engine surges. Engine surges may result in a necessary reduction in thrust and decreased power for the affected engine. In some cases, this could result in flight and landing under single-engine conditions. It is also possible this could affect both engines at the same time, requiring dual-engine shutdown.

We are superseding an existing airworthiness directive (AD) for the products listed above. That AD currently requires repetitive inspections and torque checks of the hanger fittings and strut forward bulkhead of the forward engine mount and adjacent support structure, and visual inspections of the internal angle and external bulkhead chord and detailed inspection of internal angles, and corrective actions if necessary. The existing AD also provides for an optional inspection. This new AD requires additional inspections of airplanes that have hi-lok bolts and collars at all of the Group B fastener locations, except fastener 13, and related investigative and corrective actions. This AD also requires repetitive inspections of the internal angle, and corrective actions if necessary. This AD also requires, for certain airplanes, replacing the fasteners, which terminates certain repetitive inspections. This AD was prompted by reports of undertorqued or loose fasteners, a cracked bulkhead chord, and a fractured back-up angle. We are issuing this AD to detect and correct loose fasteners and/or damaged or cracked hanger fittings, back-up angles, and bulkhead of the forward engine mount, which could lead to failure of the hanger fitting and bulkhead and consequent separation of the engine from the airplane.

We are adopting a new airworthiness directive (AD) for the products listed above. This 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: * * * * * Recently, during a walk round check, an operator found an aileron trim tab hinge pin that had migrated sufficiently to cause a rubbing foul on the flap. Other reports indicate that, for the purposes of expediency, it has become common practice during maintenance when replacing a control tab, instead of unbolting the forward part of the piano hinge from the primary control surface, the hinge pins are punched out of the hinges. Investigations have concluded that, after reinserting the pins after maintenance, the ends of the hinges may not have been pinched, which is likely to have been the cause of the detected hinge pin migration. This condition [non-pinched hinge pin ends], if not detected and corrected, could lead to further incidents of migration of a tab hinge pin out of the hinge, likely resulting in restricted movement of the tab control and consequent reduced control of the aeroplane.

We are adopting a new airworthiness directive (AD) for the products listed above. This 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:

This action establishes six High Altitude Area Navigation (RNAV) routes in the Western United States (U.S.). These new routes provide pilots and air traffic controllers with efficient direct routes enhancing safety and improving the efficient use of the National Airspace System (NAS).

This action amends a final rule published by the FAA in the Federal Register, that inadvertently extended VOR Federal airway V-358 to the wrong end point. This action reflects the correct end point and coincides with the FAA's aeronautical database.

The Commodity Futures Trading Commission (Commission) is proposing regulations to implement Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). Proposed regulations would establish the time frame for a swap dealer (SD), major swap participant (MSP), futures commission merchant (FCM), swap execution facility (SEF), and designated contract market (DCM) to submit contracts, agreements, or transactions to a derivatives clearing organization (DCO) for clearing. Proposed regulations also would facilitate compliance with DCO Core Principle C (Participant and Product Eligibility) in connection with standards for cleared products and the prompt and efficient processing of all contracts, agreements, and transactions submitted for clearing. The Commission is further proposing related regulations implementing SEF Core Principle 7 (Financial Integrity of Transactions) and DCM Core Principle 11 (Financial Integrity of Transactions), requiring coordination with DCOs in the development of rules and procedures to facilitate clearing. Additionally, the Commission is proposing a regulation to implement DCO Core Principle F (Treatment of Funds), requiring a DCO, upon customer request, to promptly transfer customer positions and related funds from one clearing member to another, without requiring the close-out and re- booking of the positions.

This amendment adopts a new airworthiness directive (AD) for the specified Eurocopter France (Eurocopter) model helicopters. This AD requires replacing the aluminum tail rotor (T/R) blade pitch control shaft with a steel T/R blade pitch control shaft. This AD is prompted by an incident involving a Eurocopter Model AS-365N2 helicopter on which there was a loss of control of the T/R due to a broken shaft. The actions specified by this AD are intended to prevent failure of the T/R blade pitch control shaft, loss of T/R control, and subsequent loss of control of the helicopter.

This document publishes in the Federal Register an amendment adopting Emergency Airworthiness Directive (AD) 2010-26-51, which was sent previously to all known U.S. owners and operators of the specified model helicopters by individual letters. This AD also supersedes existing AD 2009-08-03. This AD is prompted by another incident in which the tail rotor blade (blade) tip weight separated from a blade during flight causing vibration. This unsafe condition led to the determination that additional blades could be affected and should be added to the applicability. The actions specified by this AD are intended to prevent loss of the blade tip weight, loss of a blade, and subsequent loss of control of the helicopter.

This rule makes a technical correction to the regulations found at 23 CFR 460.2(e). The amendment contained herein makes no substantive change to the FHWA regulations, policies, or procedures. This rule updates the language of a regulatory definition to be consistent with the statutory definition for the Highway Safety Program.