April 1, 2011 – Federal Register Recent Federal Regulation Documents

Procedures for Transportation Workplace Drug and Alcohol Testing Programs
Document Number: 2011-7828
Type: Rule
Date: 2011-04-01
Agency: Department of Transportation, Office of the Secretary
Interest on Untimely Paid Vessel Repair Duties
Document Number: 2011-7815
Type: Proposed Rule
Date: 2011-04-01
Agency: Department of Homeland Security, U.S. Customs and Border Protection, Department of the Treasury
This document proposes to amend title 19 of the Code of Federal Regulations (19 CFR) to provide that where an owner or master of a vessel documented under the laws of the United States fails to timely pay the duties determined to be due to Customs and Border Protection (CBP) that are associated with the purchase of equipment for, or repair to, the vessel while it is outside the United States, interest will accrue on the amounts owed to CBP and that person will be liable for interest. The purpose of this document is to ensure that title 19 of the CFR reflects that CBP collects interest as part of its inherent revenue collection functions in situations where an owner or master of a vessel fails to pay the vessel repair duties determined to be due within 30 days of CBP issuing the bill.
Federal Acquisition Regulation; Government Property Disposal; Forms
Document Number: 2011-7810
Type: Rule
Date: 2011-04-01
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
Reducing Regulatory Burden; Review Under E.O. 13563
Document Number: 2011-7805
Type: Proposed Rule
Date: 2011-04-01
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
The Pension Benefit Guaranty Corporation (PBGC) is reviewing its regulations in response to the President's Executive Order 13563 on Improving Regulation and Regulatory Review. The purpose of this review is to make PBGC's regulatory program both more effective and less burdensome. We are starting by identifying regulations for possible modification, streamlining, or repeal, which will be incorporated into a preliminary regulatory review plan. For now, we are asking the public for ideas and informationto suggest candidate regulations for review, alternative approaches, etc.to help prepare the preliminary plan. There will be additional opportunities for public comment after the preliminary plan is developed and approved.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Norwood PCBs Superfund Site
Document Number: 2011-7776
Type: Proposed Rule
Date: 2011-04-01
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 1 is issuing a Notice of Intent to Delete the Norwood PCBs Superfund Site (Site) located in Norwood, Massachusetts, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the Commonwealth of Massachusetts, through the Massachusetts Department of Environmental Protection (MassDEP), have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under CERCLA.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Norwood PCBs Superfund Site
Document Number: 2011-7775
Type: Rule
Date: 2011-04-01
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 1 is publishing a direct final Notice of Deletion of the Norwood PCBs Superfund Site (Site), located in Norwood Massachusetts from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the Commonwealth of Massachusetts, through the Massachusetts Department of Environmental Protection (MassDEP), because EPA has determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews have been completed. However, this deletion does not preclude future actions under CERCLA.
Taxpayer Assistance Orders
Document Number: 2011-7770
Type: Rule
Date: 2011-04-01
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations relating to taxpayer assistance orders. These regulations reflect changes to the law made by the Taxpayer Bill of Rights II, the Internal Revenue Service Restructuring and Reform Act of 1998, the Community Renewal Tax Relief Act of 2000, and the American Jobs Creation Act of 2004. The final regulations affect taxpayers in cases where a taxpayer assistance order is being considered or issued.
Raisins Produced From Grapes Grown in California; Increased Assessment Rate
Document Number: 2011-7759
Type: Rule
Date: 2011-04-01
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the Raisin Administrative Committee (committee) for the 2010-11 and subsequent crop years from $7.50 to $14.00 per ton of free tonnage raisins acquired by handlers and reserve tonnage raisins released or sold to handlers for use in free tonnage outlets. The committee locally administers the marketing order which regulates the handling of California raisins produced from grapes grown in California. Assessments upon raisin handlers are used by the committee to fund reasonable and necessary expenses of the program. The 2010-11 crop year began August 1 and ends July 31. No volume regulation will be implemented for the 2010-11 crop year, and no reserve pool will be established for this crop. Some committee expenses usually covered by reserve pool revenues must therefore be covered by handler assessments, necessitating an increased assessment rate. The $14.00 per ton assessment would remain in effect indefinitely unless modified, suspended, or terminated.
Irish Potatoes Grown in Washington; Decreased Assessment Rate
Document Number: 2011-7753
Type: Rule
Date: 2011-04-01
Agency: Agricultural Marketing Service, Department of Agriculture
This rule decreases the assessment rate established for the State of Washington Potato Committee (Committee) for the 2011-2012 and subsequent fiscal periods from $0.0035 to $0.003 per hundredweight of potatoes handled. The Committee locally administers the marketing order which regulates the handling of Irish potatoes grown in Washington. Assessments upon Washington potato handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Reducing Regulatory Burden; Retrospective Review Under E.O. 13563
Document Number: 2011-7745
Type: Proposed Rule
Date: 2011-04-01
Agency: Department of Labor
On March 21, 2011, the Department of Labor (DOL or the Department) published a Request for Information (RFI) in response to the President's Executive Order 13563 on improving regulation and regulatory review. The RFI invited public comment on how the Department can improve any of its significant regulations by modifying, streamlining, expanding, or repealing them. This extension gives commenters an additional 8 days to comment on the RFI.
Intermediary Lending Pilot Program
Document Number: 2011-7741
Type: Rule
Date: 2011-04-01
Agency: Small Business Administration, Agencies and Commissions
This interim final rule implements section 1131 of the Small Business Jobs Act of 2010, which requires SBA to establish an Intermediary Lending Pilot (ILP) program. The ILP program is a three- year pilot program in which SBA will make direct loans of up to $1 million at an interest rate of 1 percent to up to 20 nonprofit lending intermediaries each year, subject to availability of funds. Intermediaries will then use the ILP loan funds to make loans of up to $200,000 to startup, newly established, or growing small business concerns.
U.S. Securities; Sale and Issue of Marketable Book-Entry Treasury Bills, Notes, and Bonds; Book-Entry Treasury Bonds, Notes and Bills Held in Treasury/Reserve Automated Debt Entry System (TRADES) and Legacy Treasury Direct; Securities Held in TreasuryDirect
Document Number: 2011-7739
Type: Rule
Date: 2011-04-01
Agency: Fiscal Service, Public Debt Bureau, Department of Treasury, Department of the Treasury
In order to reduce costs and duplication of systems, the Department of the Treasury (Treasury) is limiting options available in its Legacy Treasury Direct system. New customer accounts will no longer be opened and transfers of securities from other book-entry systems will no longer be accepted. Treasury also intends to limit the securities that will be available for purchase or reinvestment in existing accounts.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Spring Pygmy Sunfish as Endangered
Document Number: 2011-7691
Type: Proposed Rule
Date: 2011-04-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the spring pygmy sunfish (Elassoma alabamae) as endangered under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition and information currently available in our files presents substantial scientific or commercial information indicating that listing this species may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if the petitioned action is warranted. To ensure this 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.
Rewards and Awards for Information Relating to Violations of Internal Revenue Laws; Hearing
Document Number: 2011-7670
Type: Proposed Rule
Date: 2011-04-01
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document provides notice of public hearing on a notice of proposed rulemaking relating to the payment of rewards under section 7623(a) of the Internal Revenue Code and awards under section 7623(b). The guidance is necessary to clarify the definition of proceeds of amounts collected and collected proceeds under section 7623. This regulation provides needed guidance to the general public as well as officers and employees of the IRS who review claims under section 7623.
Endangered and Threatened Wildlife and Plants; Reclassification of the Okaloosa Darter From Endangered to Threatened and Special Rule
Document Number: 2011-7668
Type: Rule
Date: 2011-04-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are reclassifying the Okaloosa darter (Etheostoma okaloosae) from endangered to threatened under the authority of the Endangered Species Act of 1973, as amended (Act). The endangered designation no longer correctly reflects the current status of this fish due to a substantial improvement in the species' status. This action is based on a thorough review of the best available scientific and commercial data, which indicate a substantial reduction in threats to the species, a significant habitat restoration in most of the species' range, and a stable or increasing trend of darters in all darter stream systems. We also establish a special rule under section 4(d) of the Act. This special rule allows Eglin Air Force Base to continue activities with a reduced regulatory burden and will provide a net benefit to the Okaloosa darter.
Track Safety Standards; Concrete Crossties
Document Number: 2011-7666
Type: Rule
Date: 2011-04-01
Agency: Federal Railroad Administration, Department of Transportation
FRA is amending the Federal Track Safety Standards to promote the safety of railroad operations over track constructed with concrete crossties. In particular, FRA is mandating specific requirements for effective concrete crossties, for rail fastening systems connected to concrete crossties, and for automated inspections of track constructed with concrete crossties.
Uniform Criteria for State Observational Surveys of Seat Belt Use
Document Number: 2011-7632
Type: Rule
Date: 2011-04-01
Agency: National Highway Traffic Safety Administration, Department of Transportation
This Final Rule amends the regulation establishing uniform criteria for designing and conducting State seat belt use observational surveys and the procedures for obtaining NHTSA approval of survey designs, and provides a new form for reporting seat belt use rates to NHTSA. Since the adoption of the Uniform Criteria in 1998, NHTSA and the States have accumulated substantial experience in the design and implementation of seat belt use surveys. This experience has provided insight into factors that could affect survey accuracy and reliability. In addition, technological improvements in road inventories have made it possible to select observation sites that are more representative of the road segments in the State in a more cost effective manner. For these reasons, NHTSA is revising the Uniform Criteria so that future surveys will give States more accurate data to guide their occupant protection programs.
State of California; Request for Approval of Section 112(l) Authority for Hazardous Air Pollutants; Perchloroethylene Air Emission Standards From Dry Cleaning Facilities
Document Number: 2011-7603
Type: Rule
Date: 2011-04-01
Agency: Environmental Protection Agency
EPA is finalizing approval of California's Airborne Toxic Control Measure for Emissions of Perchloroethylene from Dry Cleaning and Water-Repelling Operations, Requirements for Perc Manufacturers, and Requirements for Perc Distributors to be implemented and enforced in place of the National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities. EPA is taking this action under section 112(l) of the Clean Air Act (CAA).
Establishment of Class E Airspace; Kahului, HI
Document Number: 2011-7601
Type: Rule
Date: 2011-04-01
Agency: Federal Aviation Administration, Department of Transportation
This action will establish Class E airspace at Kahului Airport, Kahului, HI, to accommodate aircraft using Area Navigation (RNAV) standard instrument approach procedures at Kahului Airport. This will improve the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Amendment of Class E Airspace; West Yellowstone, MT
Document Number: 2011-7600
Type: Rule
Date: 2011-04-01
Agency: Federal Aviation Administration, Department of Transportation
This action will modify Class E airspace at Yellowstone Airport, West Yellowstone, MT, to accommodate aircraft using Instrument Landing System (ILS) Localizer (LOC) standard instrument approach procedures at Yellowstone Airport. This will improve the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Special Conditions: Turbomeca Arriel 2D Turboshaft Engine
Document Number: 2011-7598
Type: Proposed Rule
Date: 2011-04-01
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for Turbomeca SA model Arriel 2D engines. The engine model will have a novel or unusual design feature which is a 30-minute power rating. This rating is generally intended to be used for hovering at increased power for search and rescue missions. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the added safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Energy Conservation Standards for Metal Halide Lamp Fixtures: Public Meeting and Availability of the Preliminary Technical Support Document
Document Number: 2011-7585
Type: Proposed Rule
Date: 2011-04-01
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 purposes of establishing energy conservation standards for metal halide lamp fixtures (MHLFs); the analytical framework, models, and tools that DOE is using to evaluate standards for this equipment; the results of preliminary analyses DOE performed for this equipment; and potential energy conservation standard levels derived from these analyses that DOE could consider for this equipment. 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 (TSD), and briefing materials, which are available at https://www1.eere.energy.gov/buildings/ appliancestandards/commercial/metalhalidelampfixtures.html.
Airworthiness Directives; Piper Aircraft, Inc. (Type Certificate Previously Held by The New Piper Aircraft, Inc.) Models PA-46-310P, PA-46-350P, and PA-46R-350T Airplanes
Document Number: 2011-7569
Type: Rule
Date: 2011-04-01
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) that applies to certain Piper Aircraft, Inc. Models PA-46-310P and PA- 46-350P airplanes that are equipped with a Lewis or Transicoil turbine inlet temperature (T.I.T.) gauge and associated probe. That AD currently requires cleaning, inspecting, and calibrating the T.I.T. system; replacing any T.I.T. system that fails the calibration test; repetitively replacing the T.I.T. probe on certain airplanes; and inserting a copy of the AD into the pilot's operating handbook (POH) for certain airplanes. This new AD retains the actions required by the previous AD (AD 99-15-04 R1), adds certain Model PA-46R-350T airplanes to the Applicability section, expands the applicability to include other T.I.T. systems, and incorporates new service information. This AD was prompted by the manufacturer revising related service information and adding an airplane model to the list of affected airplanes. We are issuing this AD to prevent improper engine operation caused by improperly calibrated T.I.T. indicators or defective T.I.T. probes, which could result in engine damage/failure with consequent loss of control of the airplane.
Amendment of the Schedule of Application Fees
Document Number: 2011-7475
Type: Proposed Rule
Date: 2011-04-01
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission seeks comments to clarify the rules on the payment of filing fees by winning bidders in auctions of construction permits in the broadcast services in conjunction with their long-form applications.
Energy Conservation Program for Consumer Products: Test Procedures for Residential Central Air Conditioners and Heat Pumps
Document Number: 2011-7437
Type: Proposed Rule
Date: 2011-04-01
Agency: Department of Energy
The U.S. Department of Energy (DOE or the Department) proposes amendments to those it proposed to the DOE test procedures for residential central air conditioners and heat pumps released in a June 2010 notice of proposed rulemaking (June 2010 NOPR). The proposed amendments in this supplemental notice of proposed rulemaking (SNOPR) would change the off-mode laboratory test steps and calculation algorithm to determine off-mode power consumption for residential central air conditioners and heat pumps, as well as change the requirements for selection and metering of the low-voltage transformer used when testing coil-only residential central air conditioners and heat pumps. Additionally, the amendments proposed today provide a method of calculation to determine the energy efficiency ratio (EER) during cooling mode steady-state tests for use as a regional metric. Finally, today's notice proposes amendments that would combine the two seasonal off-mode ratings of P1 and P2 for residential central air conditioners and heat pumps, as set forth in the June 2010 NOPR, to yield a single overall rating, PWOFF.
Airworthiness Directives; Dassault Aviation Model Mystere-Falcon 50 Airplanes
Document Number: 2011-7427
Type: Rule
Date: 2011-04-01
Agency: Federal Aviation Administration, Department of Transportation
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:
Federal Acquisition Regulation; Federal Acquisition Circular 2005-51; Small Entity Compliance Guide
Document Number: 2011-7370
Type: Rule
Date: 2011-04-01
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005-51, which amend the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005-51, which precedes this document. These documents are also available via the Internet at https:// www.regulations.gov.
Federal Acquisition Regulation; Clarification of Standard Form 26-Award/Contract
Document Number: 2011-7369
Type: Rule
Date: 2011-04-01
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to include clarifications to Standard Form (SF) 26, Award/Contract. This revised form includes changes above blocks 17 and 18 and in block 18 to clarify that block 18 should not be used when awarding a negotiated procurement and should only be checked when awarding a sealed bid contract.
Federal Acquisition Regulation; Women-Owned Small Business (WOSB) Program
Document Number: 2011-7368
Type: Rule
Date: 2011-04-01
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement the Small Business Administration's regulations establishing the Women-Owned Small Business Program.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-51; Introduction
Document Number: 2011-7367
Type: Rule
Date: 2011-04-01
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by DoD, GSA, and NASA in this Federal Acquisition Circular (FAC) 2005-51. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.
Airworthiness Directives; Airbus Model A340-200 and -300 Series Airplanes
Document Number: 2011-7220
Type: Rule
Date: 2011-04-01
Agency: Federal Aviation Administration, Department of Transportation
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:
Airworthiness Directives; Fokker Services B.V. Model F.28 Mark 1000, 2000, 3000, and 4000 Airplanes
Document Number: 2011-7202
Type: Rule
Date: 2011-04-01
Agency: Federal Aviation Administration, Department of Transportation
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:
Airworthiness Directives; The Boeing Company Model DC-9-14, DC-9-15, and DC-9-15F Airplanes; and DC-9-20, DC-9-30, DC-9-40, and DC-9-50 Series Airplanes
Document Number: 2011-6633
Type: Rule
Date: 2011-04-01
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires installing new in-line fuses for the fuel level float switch and new in-line fuses for the pressure switch, as applicable, and changing the wiring. The proposed actions would affect the left and right wing forward spars, center wing forward spar, forward auxiliary fuel tank, and aft auxiliary fuel tank, as applicable. This AD was prompted by fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes
Document Number: 2011-6630
Type: Rule
Date: 2011-04-01
Agency: Federal Aviation Administration, Department of Transportation
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:
Airworthiness Directives; Sicma Aero Seat 9140, 9166, 9173, 9174, 9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, 91C4, 91C5, and 9301 Series Passenger Seat Assemblies; and Sicma Aero Seat 9501311-05, 9501301-06, 9501311-15, 9501301-16, 9501441-30, 9501441-33, 9501311-55, 9501301-56, 9501441-83, 9501441-95, 9501311-97, and 9501301-98 Passenger Seat Assemblies; Installed on Various Transport Category Airplanes
Document Number: 2011-6628
Type: Rule
Date: 2011-04-01
Agency: Federal Aviation Administration, Department of Transportation
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:
Federal Travel Regulation; FTR Cases 2007-304 and 2003-309, Relocation Allowances
Document Number: 2011-6609
Type: Rule
Date: 2011-04-01
Agency: General Services Administration, Agencies and Commissions
The General Services Administration (GSA), Office of Governmentwide Policy (OGP) continually reviews and adjusts policies as part of its ongoing mission to provide policy assistance to Government agencies subject to the Federal Travel Regulation (FTR). This final rule is a combination of two previous proposed rules that were published in the Federal Register on November 23, 2004 and August 3, 2007. The result is a unified, single final rule that addresses a wide range of relocation issues.
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