April 20, 2011 – Federal Register Recent Federal Regulation Documents

Implementation of the Understandings Reached at the 2010 Australia Group (AG) Plenary Meeting and Other AG-Related Clarifications and Corrections to the EAR
Document Number: 2011-9613
Type: Rule
Date: 2011-04-20
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the June 2010 plenary meeting of the Australia Group (AG) and to make certain AG-related editorial clarifications and corrections to the EAR. Consistent with the June 2010 AG understandings, this rule amends the chemical manufacturing equipment entry on the Commerce Control List (CCL) of the EAR to reflect the addition of two parenthetical phrases that clarify the description of certain ``materials'' contained in items on the AG ``Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology and Software.'' In addition, this rule makes AG-related clarifications and corrections to the EAR. Specifically, this rule amends the human and zoonotic pathogens and toxins entry and the animal pathogens entry on the CCL by making an update and a clarification that are consistent with the description of items on the AG ``List of Biological Agents for Export Control'' and the AG ``List of Animal Pathogens for Export Control,'' respectively. Finally, this rule amends the listing for ``valves'' in the chemical manufacturing equipment entry on the CCL to clarify that it controls ``valves'' for the ``production'' of chemicals, as well as ``valves'' for the ``processing'' or ``containment'' of chemicals. The purpose of this rule is to ensure that the AG-related entries on the CCL conform with the wording in the AG Control Lists (as updated by the understandings reached at the 2010 AG Plenary) and to clarify the meaning of terms used in these entries.
Guidance on Reporting Interest Paid to Nonresident Aliens; Hearing
Document Number: 2011-9609
Type: Proposed Rule
Date: 2011-04-20
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a rescheduled notice of public hearing on a notice of proposed rulemaking (REG-146097-09) that was published in the Federal Register on Friday, January 7, 2011 (76 FR 1105) providing guidance on the reporting requirements for interest on deposits maintained at U.S. offices of certain financial institutions and paid to nonresident alien individuals.
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: 2011-9583
Type: Rule
Date: 2011-04-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is opening 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 fully use the B season allowance of the 2011 total allowable catch (TAC) of Pacific cod allocated to catcher vessels using trawl gear in the BSAI.
Safety Zone; Red River Safety Zone, Red River, MN
Document Number: 2011-9582
Type: Rule
Date: 2011-04-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard Captain of the Port, Marine Safety Unit Duluth, MN is establishing a temporary safety zone on the Red River, MN. This safety zone is being established to ensure the safety of the public. The safety zone will prevent individuals from entering all navigable waters of the Red River in the State of Minnesota north of a line drawn across latitude 46[deg]20'00'' N, including those portions of the river in Wilkin, Clay, Norman, Polk, Marshall and Kittson counties, to the United States-Canada international border.
Approval and Promulgation of State Implementation Plans; State of Colorado; Interstate Transport of Pollution Revisions for the 1997 8-Hour Ozone and 1997 PM2.5
Document Number: 2011-9580
Type: Rule
Date: 2011-04-20
Agency: Environmental Protection Agency
EPA is partially approving the Colorado Interstate Transport State Implementation Plan (SIP) revision, submitted on March 31, 2010, addressing the requirements of Clean Air Act (CAA) section 110(a)(2)(D)(i)(II) for the 1997 ozone National Ambient Air Quality Standards (NAAQS), and the requirements of CAA section 110(a)(2)(D)(i)(I) and (II) for the 1997 PM2.5 NAAQS. Specifically, in this Federal Register action EPA is fully approving those portions of the Colorado March 31, 2010 submission that address the section 110(a)(2)(D)(i)(II) requirement prohibiting a state's emissions from interfering with any other state's required measures to protect visibility for the 1997 ozone and PM2.5 NAAQS. This action is being taken under section 110 of the CAA.
Changes in Flood Elevation Determinations
Document Number: 2011-9558
Type: Rule
Date: 2011-04-20
Agency: Federal Emergency Management Agency, Department of Homeland Security
Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.
Safety Zone; Michigan Bankers Association Fireworks, Lake Huron, Mackinac Island, MI
Document Number: 2011-9534
Type: Proposed Rule
Date: 2011-04-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish a temporary safety zone in the Captain of the Port Sault Sainte Marie zone. This proposed rule is intended to establish a safety zone that will restrict vessels from certain portions of water areas within Sector Sault Sainte Marie Captain of the Port zone, as defined by 33 CFR 3-45.45. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays.
National Maritime Week Tugboat Races, Seattle, WA
Document Number: 2011-9532
Type: Rule
Date: 2011-04-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the Special Local Regulation for the annual National Maritime Week Tugboat Races in Elliott Bay, WA from 12 p.m. through 4:30 p.m. on May 14, 2011. This action is necessary to ensure the safety of all participants and spectators from the inherent dangers associated with these types of races which includes large wakes. During the enforcement period, no person or vessel may enter or remain in the regulated area except for participants in the event, supporting personnel, vessels registered with the event organizer, and personnel or vessels authorized by the Coast Guard Patrol Commander.
Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL
Document Number: 2011-9531
Type: Rule
Date: 2011-04-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the Navy Pier Southeast Safety Zone in Chicago Harbor during various periods from May 28, 2011 until June 29, 2011. This action is necessary and intended to ensure safety of life on the navigable waters of the United States immediately prior to, during, and immediately after various fireworks events. Enforcement of this safety zone will establish restrictions upon, and control movement of, vessels in a specified area immediately prior to, during, and immediately after various fireworks events. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port, Sector Lake Michigan.
Airworthiness Directives; The Boeing Company Model 757 Airplanes, and Model 767-200, 767-300, and 767-300F Series Airplanes
Document Number: 2011-9524
Type: Proposed Rule
Date: 2011-04-20
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) that applies to the products listed above. The existing AD currently requires revising the Limitations section of the airplane flight manual (AFM) to advise the flight crew of procedures to follow to ensure that a fuel filter impending bypass condition due to gross fuel contamination is detected in a timely manner. Since we issued that AD, a new design change has been developed that will correct an error in the operating program software (OPS) of the engine indication and crew alerting system (EICAS). This proposed AD would require installing new OPS (Version 7) of the EICAS in the EICAS computers. This proposed AD would also require various concurrent actions, depending on the airplane configuration, including installing a certain EICAS OPS version, making wiring changes, replacing the audio accessory unit, replacing certain handsets and EICAS computers, changing EICAS computer connector keying, and loading Operational Program Configuration (OPC) software. This proposed AD also retains the existing AD provision that relieves certain airplanes (those equipped with certain EICAS OPS versions) from the proposed requirements. Accomplishment of the new proposed actions would terminate the requirements of the existing AD. We are proposing this AD to prevent malfunction and thrust loss on both engines, which could result in a forced off-airport landing.
Reducing Regulatory Burden; Retrospective Review Under Executive Order 13563
Document Number: 2011-9522
Type: Proposed Rule
Date: 2011-04-20
Agency: Department of Agriculture
In accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' the Department of Agriculture (USDA) is reviewing its existing regulations to evaluate their continued effectiveness in addressing the circumstances for which they were promulgated. As part of this review, USDA invites public comment to assist in analyzing its existing significant regulations to determine whether they should be modified, streamlined, expanded, or repealed. The focus of USDA's initial review is to identify areas where it can simplify and reduce the reporting burden on the public for entry and access to USDA programs, while simultaneously reducing its administrative and operating costs by sharing similar data across participating agencies.
Federal Acquisition Regulation; Service Contracts Reporting Requirements
Document Number: 2011-9515
Type: Proposed Rule
Date: 2011-04-20
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement section 743 of Division C of the Consolidated Appropriations Act, 2010. This proposed rule amends the FAR to require service contractors for executive agencies, except the Department of Defense (DoD), covered by the Federal Activities Inventory Reform (FAIR) Act of 1998, to submit information annually in support of agency-level inventories for service contracts.
Revision to the South Coast Portion of the California State Implementation Plan, CPV Sentinel Energy Project AB 1318 Tracking System
Document Number: 2011-9460
Type: Rule
Date: 2011-04-20
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking final action to approve a source-specific State Implementation Plan (SIP) revision for the South Coast Air Quality Management District (District) portion of the California SIP. This source-specific SIP revision is known as the CPV Sentinel Energy Project AB 1318 Tracking System. The SIP revision consists of enabling language and the AB 1318 Tracking System to revise the District's SIP approved New Source Review (NSR) program. The SIP revision allows the District to transfer offsetting emission reductions for particulate matter less than 10 microns in diameter (PM10) and one of its precursors, sulfur oxides (SOX), to the CPV Sentinel Energy Project, which will be a natural gas fired power plant.
Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities
Document Number: 2011-9447
Type: Proposed Rule
Date: 2011-04-20
Agency: Environmental Protection Agency
This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.
Fluopicolide; Pesticide Tolerances
Document Number: 2011-9435
Type: Rule
Date: 2011-04-20
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of the fungicide, fluopicolide [2,6-dichloro-N-[[3-chloro-5-(trifluoromethyl)- 2-pyridinyl]methyl]benzamide], including its metabolites and degradates. Compliance with the tolerance levels specified is to be determined by measuring only fluopicolide in or on the commodity. The fluopicolide metabolite, 2,6-dichlorobenzamide (BAM), is regulated with its own set of tolerances. This regulation establishes tolerances for residues of fluopicolide and its metabolites in or on multiple commodities which are identified and discussed later in this document. Valent U.S.A. Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Third Party Testing for Certain Children's Products; Toddler Beds: Requirements for Accreditation of Third Party Conformity Assessment Bodies
Document Number: 2011-9422
Type: Rule
Date: 2011-04-20
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (CPSC or Commission) is issuing a notice of requirements that provides the criteria and process for Commission acceptance of accreditation of third party conformity assessment bodies for testing pursuant to the CPSC regulation relating to toddler beds. The Commission is issuing this notice of requirements pursuant to section 14(a)(3)(B)(vi) of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2063(a)(3)(B)(vi)).
Safety Standard for Toddler Beds
Document Number: 2011-9421
Type: Rule
Date: 2011-04-20
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Improvement Act of 2008 (``CPSIA'') requires the United States Consumer Product Safety Commission (``Commission,'' ``CPSC'') to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ``substantially the same as'' applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is issuing a safety standard for toddler beds in response to the CPSIA. The safety standard addresses entrapment in bed end structures, entrapment between the guardrail and side rail, entrapment in the mattress support system, and component failures of the bed support system and guardrails. The standard also addresses corner post extensions that can catch items worn by a child.
Amendment of Class E Airspace; Cable Union, WI
Document Number: 2011-9405
Type: Rule
Date: 2011-04-20
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace for Cable Union, WI. Decommissioning of the Seely non-directional beacon (NDB) at Cable Union Airport, Cable Union, WI, has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport. The geographic coordinates for the airport also will be adjusted.
Amendment of Class E Airspace; Indianapolis Executive Airport, IN
Document Number: 2011-9404
Type: Rule
Date: 2011-04-20
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace for the Indianapolis Executive Airport, IN, area, to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Clarian North Medical Center Heliport, Carmel, IN, and Methodist Hospital of Indiana Heliport, Indianapolis, IN. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the heliport.
Amendment of Class E Airspace; Carizzo Springs, Glass Ranch Airport, TX
Document Number: 2011-9403
Type: Rule
Date: 2011-04-20
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace for the Carizzo Springs, Glass Ranch Airport, TX, airspace area, to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Faith Ranch Airport, Carizzo Springs, TX. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Amendment of Class E Airspace; Raton, NM
Document Number: 2011-9396
Type: Rule
Date: 2011-04-20
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Raton, NM, to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Raton Municipal Airport/Crews Field, Raton, NM. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Amendment of Class E Airspace; Kokomo, IN
Document Number: 2011-9392
Type: Rule
Date: 2011-04-20
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Kokomo, IN, to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Kokomo Municipal Airport and Regional Health System Heliport, Kokomo, IN. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport. Minor adjustments to geographic coordinates and an airport name change to Logansport Municipal Airport also will be made.
Amendment of Class E Airspace; Kenton, OH
Document Number: 2011-9389
Type: Rule
Date: 2011-04-20
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Kenton, OH, to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at Hardin County Airport, Kenton, OH. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Amendment of Class E Airspace; Bedford, IN
Document Number: 2011-9387
Type: Rule
Date: 2011-04-20
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Bedford, IN, to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Bedford Medical Center Heliport, Bedford, IN. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the heliport.
Amendment of Class E Airspace; Point Lookout, MO
Document Number: 2011-9381
Type: Rule
Date: 2011-04-20
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Point Lookout, MO, to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at M. Graham ClarkTaney Field Airport, Point Lookout, MO. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Amendment of Class E Airspace; Terre Haute, IN
Document Number: 2011-9378
Type: Rule
Date: 2011-04-20
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Terre Haute, IN, to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Union Hospital Heliport, Terre Haute, IN. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the heliport.
Data Requirements for Antimicrobial Pesticides; Notification to the Secretaries of Agriculture and Health and Human Services
Document Number: 2011-9292
Type: Rule
Date: 2011-04-20
Agency: Environmental Protection Agency
This document notifies the public that the Administrator of EPA has forwarded to the Secretary of Agriculture and the Secretary of Health and Human Services a draft final rule under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA is codifying a separate listing of data requirements in the Code of Federal Regulations for the registration of antimicrobial pesticide products. These data requirements reflect current scientific knowledge and current Agency regulatory practices. Besides providing the regulated community with clearer and more transparent information, the updated data requirements further enhance EPA's ability to make regulatory decisions about the human health and environmental fate and effects of antimicrobial pesticide products.
Airworthiness Directives; Saab AB, Saab Aerosystems Model 340A (SAAB/SF340A) and SAAB 340B Airplanes Modified in Accordance With Supplemental Type Certificate (STC) ST00224WI-D, ST00146WI-D, or SA984GL-D
Document Number: 2011-9279
Type: Rule
Date: 2011-04-20
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires inspecting the fuselage surface for corrosion and cracking behind the external adapter plate of the antennae installation, and repair if necessary. This AD was prompted by a report of a crack found behind the external adapter plate of the antennae during inspection. Similar cracking was found on two additional airplanes, and extensive corrosion was found on one airplane. We are issuing this AD to detect and correct corrosion and cracking behind the external adapter plate of the antennae of certain damage-tolerant structure, which could result in reduced structural integrity and consequent rapid depressurization of the airplane.
Airworthiness Directives; Airbus Model A330-200 and -300 Series Airplanes, and Model A340-200 and -300 Series Airplanes
Document Number: 2011-9278
Type: Rule
Date: 2011-04-20
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) for all Model A330 and A340 series airplanes. 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:
National Pollutant Discharge Elimination System-Cooling Water Intake Structures at Existing Facilities and Phase I Facilities
Document Number: 2011-8033
Type: Proposed Rule
Date: 2011-04-20
Agency: Environmental Protection Agency
This proposed rule would establish requirements under section 316(b) of the Clean Water Act (CWA) for all existing power generating facilities and existing manufacturing and industrial facilities that withdraw more than 2 million gallons per day (MGD) of water from waters of the U.S. and use at least twenty-five (25) percent of the water they withdraw exclusively for cooling purposes. The proposed national requirements, which would be implemented through National Pollutant Discharge Elimination System (NPDES) permits, would establish national requirements applicable to the location, design, construction, and capacity of cooling water intake structures at these facilities by setting requirements that reflect the best technology available (BTA) for minimizing adverse environmental impact. The proposed rule constitutes EPA's response to the remand of the Phase II existing facility rule and the remand of the existing facilities portion of the Phase III rule. In addition, EPA is also responding to the decision in Riverkeeper I and proposing to remove from the Phase I new facility rule the restoration-based compliance alternative and the associated monitoring and demonstration requirements. EPA expects this proposed regulation would minimize adverse environmental impacts, including substantially reducing the harmful effects of impingement and entrainment. As a result, the Agency anticipates this proposed rule would help protect ecosystems affected by cooling water intake structures and preserve aquatic organisms and the ecosystems they inhabit in waters used by cooling water intake structures at existing facilities.
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