May 9, 2011 – Federal Register Recent Federal Regulation Documents

Consolidation of Seizure and Forfeiture Regulations
Document Number: 2011-9826
Type: Proposed Rule
Date: 2011-05-09
Agency: Drug Enforcement Administration, Department of Justice
The Department of Justice (the Department) proposes to revise, consolidate, and update its seizure and forfeiture regulations, to conform those regulations to the Civil Asset Forfeiture Reform Act (CAFRA) of 2000 to reflect organizational changes that have occurred within the Department, and to make other changes.
Safety Zone; Air Power Over Hampton Roads, Back River, Hampton, VA
Document Number: 2011-11276
Type: Rule
Date: 2011-05-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the navigable waters of the Back River in the vicinity of Hampton, VA. This action is necessary to provide for the safety of life on navigable waters during the Air Power Over Hampton Roads Air Show. This action is intended to restrict vessel traffic movement in the vicinity of Willoughby Point, VA to protect mariners from the hazards associated with air show events.
Drawbridge Operation Regulation; Neches River, Beaumont, TX
Document Number: 2011-11269
Type: Rule
Date: 2011-05-09
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 KCS vertical lift span bridge across the Neches River, mile 19.5, at Beaumont, Texas. The deviation is necessary to replace four haul cables on the bridge. This deviation allows the bridge to remain closed to navigation for 72 consecutive hours.
Reorganization of Sector North Carolina; Technical Amendment
Document Number: 2011-11261
Type: Rule
Date: 2011-05-09
Agency: Coast Guard, Department of Homeland Security
This rule makes non-substantive amendments to reflect the Coast Guard's reorganization of Sector North Carolina. The amendments describe the boundaries of Sector North Carolina's Marine Inspection Zone and Captain of the Port Zone, and provide updated contact information.
Reducing Regulatory Burden; Retrospective Review Under E.O. 13563
Document Number: 2011-11242
Type: Proposed Rule
Date: 2011-05-09
Agency: Department of State
In accordance with Executive Order 13563 and guidance from the Office of Management and Budget (OMB), the Department of State (``the Department'') has submitted its preliminary plan to the OMB, and is simultaneously providing it to the public for review.
Procedures for Submitting to the Department of Energy Trade Secrets and Commercial or Financial Information That Is Privileged or Confidential
Document Number: 2011-11239
Type: Rule
Date: 2011-05-09
Agency: Department of Energy
DOE issues procedures to standardize across its various programs procedures for the submission and protection of trade secrets and commercial or financial information that is privileged or confidential, where such information is submitted by applicants for various forms of DOE assistance (including financial assistance such as grants, cooperative agreements, and technology investment agreements, as well as loans and loan guarantees). The procedures, established across DOE programs, are modeled after existing procedures DOE uses to process loan applications submitted to DOE's Advanced Technology Vehicles Manufacturing Incentive Program.
Energy Conservation Program: Energy Conservation Standards for Residential Clothes Dryers and Room Air Conditioners
Document Number: 2011-11237
Type: Proposed Rule
Date: 2011-05-09
Agency: Department of Energy
In a direct final rule published on April 21, 2011, DOE adopted amended energy conservation standards for residential clothes dryers and room air conditioners. As required by EPCA, DOE also published simultaneously a notice of proposed rulemaking (NOPR) that proposed identical energy efficiency standards. The standards set forth in the direct final rule and NOPR were consistent with the consensus agreement that served as the basis for those rulemaking actions. The consensus agreement also provided specific compliance dates for both productsJune 1, 2014 for room air conditioners and January 1, 2015 for clothes dryers. In the direct final rule and NOPR, however, DOE provided for a compliance date 3 years after the date of publication in the Federal Register, or April 21, 2014. As such, the compliance date of the direct final rule and NOPR did not correspond with the consensus agreement. DOE now proposes to amend the compliance dates set forth in the direct final rule and corresponding NOPR to be consistent with the compliance dates set out in the consensus agreement.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Requirements for Preconstruction Review, Prevention of Significant Deterioration
Document Number: 2011-11215
Type: Proposed Rule
Date: 2011-05-09
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Delaware Department of Natural Resources and Environmental Control on April 1, 2010. This revision will establish nitrogen oxides (NOX) as a precursor to ozone within the Delaware SIP. This action is being taken under the Clean Air Act (CAA).
Public Meetings on the Proposed Rule for Mandatory Inspection of Catfish and Catfish Products
Document Number: 2011-11213
Type: Proposed Rule
Date: 2011-05-09
Agency: Department of Agriculture, Food Safety and Inspection Service
The Food Safety and Inspection Service (FSIS) is announcing that it will hold two public meetings to receive comments on the proposed regulation to implement a program for mandatory inspection of catfish and catfish products (Docket No. FSIS-2008-0031), published February 24, 2011 in the Federal Register.
Movement of Hass Avocados From Areas Where Mediterranean Fruit Fly or South American Fruit Fly Exist
Document Number: 2011-11173
Type: Proposed Rule
Date: 2011-05-09
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are reopening the comment period for our proposed rule that would relieve certain restrictions regarding the movement of fresh Hass variety avocados. This action will allow interested persons additional time to prepare and submit comments.
Proposed Establishment of Class E Airspace; Ranger, TX
Document Number: 2011-11162
Type: Proposed Rule
Date: 2011-05-09
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E airspace at Ranger, TX. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Cook Canyon Ranch Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.
Wisconsin: Incorporation by Reference of Approved State Hazardous Waste Management Program
Document Number: 2011-11157
Type: Rule
Date: 2011-05-09
Agency: Environmental Protection Agency
The Resource Conservation and Recovery Act of 1976, as amended (RCRA) allows EPA to authorize States to operate their hazardous waste management programs in lieu of the Federal program. EPA uses the regulations entitled ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to EPA's inspection and enforcement. This rule codifies in the regulations the prior approval of Wisconsin's hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations.
Wisconsin: Incorporation by Reference of Approved State Hazardous Waste Management Program
Document Number: 2011-11155
Type: Proposed Rule
Date: 2011-05-09
Agency: Environmental Protection Agency
EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs,'' Wisconsin's authorized hazardous waste program. 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 the Solid Waste Disposal Act, commonly referred to as the Resource Conversation and Recovery Act (RCRA).
Hours of Service of Drivers
Document Number: 2011-11150
Type: Proposed Rule
Date: 2011-05-09
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA has placed four additional documents in the public docket of its recent notice of proposed rulemaking (NPRM) concerning hours of service (HOS) for commercial motor vehicle drivers. The Agency is reopening the comment period on the NPRM to allow for review and discussion of these documents and FMCSA's possible consideration of their findings in the development of the final rule. Comments will only be considered on the four documents listed below.
Study on Protection of Certain Railroad Risk Reduction Data From Discovery or Use in Litigation
Document Number: 2011-11141
Type: Proposed Rule
Date: 2011-05-09
Agency: Federal Railroad Administration, Department of Transportation
In accordance with section 109 of the Rail Safety Improvement Act of 2008 (RSIA), FRA is soliciting public comment on the issue of whether it is in the public interest, including public safety and the legal rights of persons injured in railroad accidents, to withhold from discovery or use in litigation in a Federal or State court proceeding for damages involving personal injury or wrongful death against a carrier any report, survey, schedule, list, or data compiled or collected for the purpose of evaluating, planning, or implementing a railroad safety risk reduction program required under the RSIA, including a railroad carrier's analysis of its safety risks and its statement of the mitigation measures with which it will address those risks.
A National Broadband Plan for Our Future
Document Number: 2011-11137
Type: Rule
Date: 2011-05-09
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission revises its pole attachment rules to promote competition and to reduce the potentially excessive costs of deploying telecommunications, cable, and broadband networks. The Commission also revises the telecommunications rate formula for pole attachments consistent with the statutory framework, reinterprets the Communications Act of 1934, as amended, to allow incumbent LECs to file complaints before the Commission if they believe a pole attachment rate, term, or condition is unjust and unreasonable, and confirms wireless providers are entitled to the same rate as other telecommunications carriers. In addition, the Commission resolves multiple petitions for reconsideration and addresses various points regarding the nondiscriminatory use of attachment techniques.
Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District
Document Number: 2011-11133
Type: Rule
Date: 2011-05-09
Agency: Environmental Protection Agency
EPA is finalizing approval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on May 21, 2010 and concern oxides of nitrogen (NOx) and particulate matter (PM) emissions primarily from indirect sources associated with new development projects as well as NOx and PM emissions from certain transportation and transit projects. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District (ICAPCD)
Document Number: 2011-11125
Type: Rule
Date: 2011-05-09
Agency: Environmental Protection Agency
EPA is finalizing approval of revisions to the Imperial County Air Pollution Control District portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on February 9, 2011 and concern New Source Review (NSR) permitting requirements and exemptions for various air pollution sources. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Drawbridge Operation Regulation; Illinois Waterway, Near Morris, IL
Document Number: 2011-11060
Type: Rule
Date: 2011-05-09
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 Elgin, Joliet, and Eastern Railroad Drawbridge across the Illinois Waterway, mile 270.6, near Morris, Illinois. The deviation is necessary to allow removal of the existing lift span and installation of the replacement lift span. This deviation allows the bridge to be maintained in the closed-to-navigation position for eighty-four hours.
Extension of Withholding to Certain Payments Made by Government Entities
Document Number: 2011-10760
Type: Rule
Date: 2011-05-09
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations relating to withholding by government entities. These regulations reflect changes in the law made by the Tax Increase Prevention and Reconciliation Act of 2005 that require Federal, State, and local government entities to withhold income tax when making payments to persons providing property or services. These regulations affect Federal, State, and local government entities that will be required to withhold and report tax from payments to persons providing property or services and also affect the persons receiving payments for property or services from the government entities.
Withholding on Payments by Government Entities to Persons Providing Property or Services
Document Number: 2011-10758
Type: Proposed Rule
Date: 2011-05-09
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations relating to withholding by government entities on payments to persons providing property or services. The proposed regulations reflect changes in the law made by the Tax Increase Prevention and Reconciliation Act of 2005 that require Federal, State, and local government entities to withhold income tax when making payments to persons providing property or services. These proposed regulations would change the provisions related to the effective date of the final regulations concerning these withholding requirements that are being issued concurrently with these proposed regulations. The guidance affects government entities that are required to withhold from payments to persons providing property or services and persons receiving the payments.
Medicare Program; Hospice Wage Index for Fiscal Year 2012
Document Number: 2011-10689
Type: Proposed Rule
Date: 2011-05-09
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would set forth the hospice wage index for fiscal year 2012 and continue the phase-out of the wage index budget neutrality adjustment factor (BNAF), with an additional 15 percent BNAF reduction, for a total BNAF reduction in FY 2012 of 40 percent. The BNAF phase-out will continue with successive 15 percent reductions from FY 2013 through FY 2016. This proposed rule would change the hospice aggregate cap calculation methodology. This proposed rule also would revise the hospice requirement for a face-to-face encounter for recertification of a patient's terminal illness. Finally, this proposed rule would begin implementation of a hospice quality reporting program.
Commercial Driver's License Testing and Commercial Learner's Permit Standards
Document Number: 2011-10510
Type: Rule
Date: 2011-05-09
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA amends the commercial driver's license (CDL) knowledge and skills testing standards and establishes new minimum Federal standards for States to issue the commercial learner's permit (CLP). The rule requires that a CLP holder meet virtually the same requirements as those for a CDL holder, meaning that a driver holding a CLP will be subject to the same driver disqualification penalties that apply to a CDL holder. This final rule also implements section 4019 of the Transportation Equity Act for the 21st Century (TEA-21), section 4122 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), and section 703 of the Security and Accountability For Every Port Act of 2006 (SAFE Port Act). It will enhance safety by ensuring that only qualified drivers are allowed to operate commercial motor vehicles on our nation's highways.
Relay Services for Deaf-Blind Individuals
Document Number: 2011-10228
Type: Rule
Date: 2011-05-09
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission adopts rules to establish the National Deaf-Blind Equipment Distribution Program (NDBEDP) pilot program in accordance with the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA). The CVAA adds a new section to the Communications Act of 1934, as amended (the Act). This new section of the Act requires the Commission to establish rules that define as eligible for support those programs approved by the Commission for the distribution of specialized customer premises equipment (CPE) to low- income individuals who are deaf-blind. For these purposes, this new section of the Act authorizes $10 million annually from the Interstate Telecommunications Relay Service (TRS) Fund. The equipment distributed under the NDBEDP pilot program will make telecommunications service, Internet access service, and advanced communications, including interexchange services and advanced telecommunications and information services, accessible to individuals who are deaf-blind.
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