April 15, 2011 – Federal Register Recent Federal Regulation Documents

Interpretation of Duty and Rest Provisions for Maintenance Personnel
Document Number: 2011-9236
Type: Proposed Rule
Date: 2011-04-15
Agency: Federal Aviation Administration, Department of Transportation
This draft letter of interpretation addresses a request by the Aeronautical Repair Station Association (ARSA) to rescind a letter of interpretation issued May 18, 2010 which clarified what activities may constitute duty for maintenance personnel and the application of the rest provisions under 14 CFR 121.377. The FAA requests comment on the May 18, 2010 proposed response to United Technologies Corporation.
Proposed Establishment of Class E Airspace; Florence, OR
Document Number: 2011-9233
Type: Proposed Rule
Date: 2011-04-15
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E airspace at Florence Municipal Airport, Florence, OR. Controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Florence Municipal Airport, Florence, OR. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.
Proposed Establishment of Class E Airspace; Lincoln, OR
Document Number: 2011-9225
Type: Proposed Rule
Date: 2011-04-15
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E airspace at Lincoln, OR. Controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Samaritan North Lincoln Hospital Heliport, Lincoln, OR. The FAA is proposing this action to enhance the safety and management of aircraft operations at the heliport.
Proposed Amendment of Class E Airspace; Cocoa, FL
Document Number: 2011-9223
Type: Proposed Rule
Date: 2011-04-15
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E Airspace at Cocoa, FL, as the Merritt Island Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures have been developed at Merritt Island Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Interest on Deposits; Deposit Insurance Coverage
Document Number: 2011-9210
Type: Proposed Rule
Date: 2011-04-15
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
Effective July 21, 2011, the statutory prohibition against the payment of interest on demand deposits will be repealed pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (the DFA).\1\ In light of this, the FDIC proposes to rescind regulations that have implemented this prohibition with respect to state-chartered nonmember (SNM) banks. Because the regulations include a definition of ``interest'' that may assist the FDIC in interpreting a recent statutory amendment that provides temporary, unlimited deposit insurance coverage for noninterest-bearing transaction accounts, the FDIC also proposes to retain and move the definition of ``interest'' into the deposit insurance regulations.
Proposed Assessment Rate Adjustment Guidelines for Large and Highly Complex Institutions
Document Number: 2011-9209
Type: Proposed Rule
Date: 2011-04-15
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The FDIC seeks comment on proposed guidelines that would be used to determine how adjustments could be made to the total scores that are used in calculating the deposit insurance assessment rates of large and highly complex insured institutions. Total scores are determined according to the Assessments and Large Bank Pricing approved by the FDIC Board on February 7, 2011.
Pesticides; Microbial Pesticide Definitions and Applicability; Clarification and Availability of Draft Test Guideline for Comment
Document Number: 2011-9191
Type: Proposed Rule
Date: 2011-04-15
Agency: Environmental Protection Agency
As promulgated, EPA's regulations distinguish ``isolates'' and ``strains'' in a confusing and non-obvious manner. This has resulted in significant uncertainty within the regulated industry. This proposed rule addresses this problem by proposing new regulatory language that clarifies the requirements applicable to new strains that are considered to be new active ingredients under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA is also soliciting comment on a draft microbial pesticide test guideline, explaining the deposition of a sample in a nationally recognized culture collection data requirement, for comment. The revisions proposed in this rule also include several other minor corrections to words and references. The changes should enhance the ability of industry to efficiently manage their microbial pesticide registration submissions.
Oregon: Tentative Approval of State Underground Storage Tank Program: Public Hearing Cancellation
Document Number: 2011-9184
Type: Proposed Rule
Date: 2011-04-15
Agency: Environmental Protection Agency
This document cancels a public hearing on a proposed rulemaking relating to the State of Oregon's application for final approval of its Underground Storage Tank (UST) Program under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The Environmental Protection Agency did not receive any comments or a request for a public hearing.
Documents Acceptable for Employment Eligibility Verification
Document Number: 2011-9152
Type: Rule
Date: 2011-04-15
Agency: Department of Homeland Security
This rule finalizes without change a 2008 interim final rule amending Department of Homeland Security (DHS) regulations governing the types of acceptable identity and employment authorization documents (EADs) and receipts that employees may present to employers for completion of Form I-9, Employment Eligibility Verification.
Drawbridge Operation Regulation; Company Canal, Lockport, LA
Document Number: 2011-9147
Type: Rule
Date: 2011-04-15
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 LA 1 vertical lift span bridge across Company Canal, mile 0.4, at Lockport, Lafourche Parish, Louisiana. The deviation is necessary to perform electrical rehabilitation work on the bridge. This deviation allows the bridge to remain closed to navigation for twelve consecutive hours each day from Monday through Thursday for three weeks.
Safety Zone; M/V DAVY CROCKETT, Columbia River
Document Number: 2011-9144
Type: Rule
Date: 2011-04-15
Agency: Coast Guard, Department of Homeland Security
The U.S. Coast Guard is extending and expanding the emergency safety zone established on the waters of the Columbia River surrounding the M/V DAVY CROCKETT at approximately river mile 117 on January 28, 2011. The safety zone is necessary to help ensure the safety of the response workers and maritime public from the hazards associated with deleterious state of and ongoing response operations involving the M/V DAVY CROCKETT. All persons and vessels are prohibited from entering or remaining in the safety zone unless authorized by the Captain of the Port, Columbia River or his designated representative.
Medical Devices; Obstetrical and Gynecological Devices; Classification of the Hemorrhoid Prevention Pressure Wedge
Document Number: 2011-9141
Type: Rule
Date: 2011-04-15
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is classifying the hemorrhoid prevention pressure wedge into class II (special controls). The special controls will apply to the device in order to provide a reasonable assurance of safety and effectiveness of the device. A hemorrhoid prevention pressure wedge provides support to the perianal region during the labor and delivery process.
Special Areas; Roadless Area Conservation; Applicability to the National Forests in Colorado
Document Number: 2011-9119
Type: Proposed Rule
Date: 2011-04-15
Agency: Department of Agriculture, Forest Service
The Forest Service, U.S. Department of Agriculture (USDA), is proposing to establish a State-specific rule to provide management direction for conserving and managing inventoried roadless areas on National Forest System (NFS) lands in Colorado. A proposed rule was published in the July 25, 2008, Federal Register. In response to public comment on the 2008 Proposed Rule and a revised petition submitted by the State of Colorado on April 6, 2010, the Forest Service is publishing a new proposed rule. The Agency is inviting public comment on this new proposed rule and accompanying revised draft environmental impact statement (RDEIS). The Agency is interested in public comments on the changes to exceptions and prohibitions on activities in roadless areas that have been developed in response to public comments on the 2008 Proposed Rule. The Agency is particularly interested in receiving public comments on the concept, management, and rationale for designation of specific areas within Colorado Roadless Areas identified as ``upper tier.'' In this proposed rule, these areas are provided a higher level of protection than the 2001 Roadless Rule,
Medicaid Program; Home and Community-Based Services (HCBS) Waivers
Document Number: 2011-9116
Type: Proposed Rule
Date: 2011-04-15
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would revise the regulations implementing Medicaid home and community-based services (HCBS) waivers under section 1915(c) of the Social Security Act by providing States the option to combine the existing three waiver targeting groups as identified in Sec. 441.301. In addition, we are proposing other changes to the HCBS waiver provisions to convey expectations regarding person-centered plans of care, to provide characteristics of settings that are not home and community-based, to clarify the timing of amendments and public input requirements when States propose modifications to HCBS waiver programs and service rates, and to describe the additional strategies available to CMS to ensure State compliance with the statutory provisions of section 1915(c) of the Act.
Emergency Planning and Notification; Emergency Planning and List of Extremely Hazardous Substances and Threshold Planning Quantities
Document Number: 2011-9096
Type: Proposed Rule
Date: 2011-04-15
Agency: Environmental Protection Agency
EPA is proposing to revise the manner by which the regulated community would apply the threshold planning quantities (TPQs) for those extremely hazardous substances (EHSs) that are non-reactive solid chemicals in solution form. Specifically, facilities with a solid EHS in solution would be subject to the Emergency Planning requirements if the amount of the solid chemical on-site, when multiplied by 0.2, equaled or exceeded the lower published TPQ, based on data that shows less potential for the solid chemical in solution to remain airborne in the event of an accidental release. Previously, EPA assumed that 100% of the chemical could become airborne in the event of an accidental release.
Revision of Voting Rights Procedures
Document Number: 2011-9083
Type: Rule
Date: 2011-04-15
Agency: Department of Justice
The Attorney General finds it necessary to revise the Department of Justice's ``Procedures for the Administration of section 5 of the Voting Rights Act of 1965.'' The revisions are needed to clarify the scope of section 5 review based on recent amendments to section 5, make technical clarifications and updates, and provide better guidance to covered jurisdictions and interested members of the public concerning current Department practices. Proposed revised Procedures were published for comment on June 11, 2010, and a 60-day comment period was provided.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2011-8934
Type: Rule
Date: 2011-04-15
Agency: Federal Aviation Administration, Department of Transportation
This establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2011-8930
Type: Rule
Date: 2011-04-15
Agency: Federal Aviation Administration, Department of Transportation
This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits
Document Number: 2011-8926
Type: Rule
Date: 2011-04-15
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
This final rule amends Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single-Employer Plans to prescribe interest assumptions under the regulation for valuation dates in May 2011. PBGC's regulation on Benefits Payable in Terminated Single-Employer Plans prescribes actuarial assumptionsincluding interest assumptionsfor paying plan benefits under terminating single-employer plans covered by title IV of the Employee Retirement Income Security Act of 1974.
Energy Conservation Program: Test Procedures for Walk-In Coolers and Walk-In Freezers
Document Number: 2011-8690
Type: Rule
Date: 2011-04-15
Agency: Department of Energy
On January 4, 2010, the U.S. Department of Energy (DOE) issued a notice of proposed rulemaking (January 2010 NOPR) to establish new test procedures for walk-in coolers and walk-in freezers (WICF or walk- ins). On September 9, 2010, DOE issued a supplemental notice of proposed rulemaking (September 2010 SNOPR) to propose changes to the test procedures that it proposed in the NOPR. Those proposed rulemakings serve as the basis for today's action. DOE is issuing a final rule that establishes new test procedures for measuring the energy efficiency of certain walk-in cooler and walk-in freezer components including panels, doors, and refrigeration systems. These test procedures will be mandatory for product testing to demonstrate compliance with energy standards that DOE is establishing in a separate, but concurrent rulemaking, and for representations starting 180 days after publication. This final rule incorporates by reference industry test procedures that, along with calculations established in the rule, can be used to measure the energy consumption or performance characteristics of certain components of walk-in coolers and walk-in freezers. Additionally, the final rule clarifies the definitions of ``Display door,'' ``Display panel,'' ``Door,'' ``Envelope,'' ``K- factor,'' ``Panel,'' ``Refrigerated,'' ``Refrigeration system,'' ``U- factor,'' ``Automatic door opener/closer,'' ``Core region,'' ``Edge region,'' ``Surface area,'' ``Rating condition,'' and ``Percent time off'' as applicable to walk-in coolers and walk-in freezers.
Medicare Program; Changes to the Medicare Advantage and the Medicare Prescription Drug Benefit Programs for Contract Year 2012 and Other Changes
Document Number: 2011-8274
Type: Rule
Date: 2011-04-15
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule makes revisions to the Medicare Advantage (MA) program (Part C) and Prescription Drug Benefit Program (Part D) to implement provisions specified in the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (collectively referred to as the Affordable Care Act) (ACA) and make other changes to the regulations based on our experience in the administration of the Part C and Part D programs. These latter revisions clarify various program participation requirements; make changes to strengthen beneficiary protections; strengthen our ability to identify strong applicants for Part C and Part D program participation and remove consistently poor performers; and make other clarifications and technical changes.
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