May 24, 2011 – Federal Register Recent Federal Regulation Documents

The American Pyrotechnics Association (APA) has applied for a limited exemption from FMCSA's regulation that drivers of commercial motor vehicles (CMVs) may not drive after the 14th hour after coming on duty. The exemption would apply solely to the operation of CMVs by 9 designated APA-member motor carriers in conjunction with staging fireworks shows celebrating Independence Day during the periods June 28July 8, 2011, and June 28July 8, 2012, inclusive. During these two periods, the approximately 375 CMVs and drivers employed by these 9 APA-member motor carriers would be allowed to exclude off-duty and sleeper-berth time of any length from the calculation of the 14 hours. These drivers would not be allowed to drive after accumulating a total of 14 hours of on- duty time, following 10 consecutive hours off duty, and would continue to be subject to the 11-hour driving time limit, and the 60- and 70- hour on-duty limits. The APA maintains that the terms and conditions of the limited exemption would ensure a level of safety equivalent to, or greater than, the level of safety achieved without the exemption.

We are amending the livestock exportation regulations to eliminate the requirement for pre-export tuberculosis and brucellosis testing of goats and breeding swine intended for export to countries that do not require such tests. This action will facilitate the exportation of goats and breeding swine by eliminating the need to conduct pre-export tuberculosis and brucellosis testing when the receiving country does not require such testing.

The public is invited to comment on the following application for approval to conduct certain activities with birds that are protected in accordance with the Wild Bird Conservation Act of 1992.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request extension of approval of an information collection associated with regulations for the possession, use, and transfer of biological agents and toxins that have the potential to pose a severe threat to human and animal health, to animal health, to plant health, or to animal products and plant products.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with accrediting nongovernment facilities to perform services related to the export of plants or plant products.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations to protect endangered species of terrestrial plants and with regulations concerning procedures related to the forfeiture of plants or other property.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama revised its regulations regarding their license fees, annual license updates, and blaster certification fees. Alabama revised its program to improve operational efficiency.

This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petitions or their final disposition.

This notice advises interested persons that the FAA is conducting its fourth public meeting on civil supersonic aircraft research. The public meeting will include presentations on current research programs and a question and answer session for attendees. The purpose of the meeting is to raise public awareness of the continuing technological advancements in supersonic aircraft technology aimed at reducing the intensity of sonic boom.

This action would modify Class D and Class E airspace at Lawson Army Airfield (AAF), Columbus, GA, by removing the reference to the Columbus Metropolitan Airport Class C airspace area from the description. Controlled airspace at Columbus Metropolitan Airport is being downgraded due to decreased air traffic volume. This action is necessary for the safety and management of air traffic within the National Airspace System. This action also would update the geographic coordinates of the Columbus Lawson AAF.

The Food and Drug Administration (FDA) is extending the comment period until July 5, 2011, for a proposed rule that was published in the Federal Register of April 6, 2011 (76 FR 19192). In that document, FDA proposed requirements for providing nutrition information for standard menu items in certain chain restaurants and similar retail food establishments. The Agency is extending the comment period in response to several requests to give interested parties additional time to comment.

This action proposes to amend Class E Airspace at Lakeland, FL. The Plant City Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures have been developed for Lakeland Linder Regional Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.

The FAA issued Zero Gravity a safety approval, subject to the provisions of Title 51 U.S.C Subtitle V, ch. 509, and the orders, rules and regulations issued under it. Pursuant to 14 CFR 414.35, this Notice publishes the criteria that were used to evaluate the safety approval application. Background: Zero Gravity applied for, and received, a safety approval for its capability to provide a reduced gravity environment using a Boeing 727 aircraft. The performance criteria for this safety approval are applicant developed per 14 CFR 414.19 (a)(4). Zero Gravity is capable of replicating three reduced gravity levels associated with suborbital space flight. The reduced gravity levels are:

We propose to adopt a new airworthiness directive (AD) for the products listed above. For certain airplanes, this proposed AD would require the installation of new relays adjacent to two of the spoiler control modules that would prevent the deployment of certain spoiler pairs when landing flaps are selected. For certain other airplanes, this proposed AD would require torquing the bracket assembly installation nuts and ground stud nuts, and doing bond resistance tests between the bracket assemblies and the terminal lugs on the ground studs. This proposed AD is prompted by numerous reports of unintended lateral oscillations during the final approach, just before landing. We are proposing this AD to reduce the chance of unintended lateral oscillations near touchdown, which could result in loss of lateral control of the airplane, and consequent airplane damage or injury to flight crew and passengers.

In compliance with the requirement of Section 3506(c) (2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the National Institute on Drug Abuse, the National Institutes of Health (NIH) will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval.

This notice is being published as an initial step for the purpose of involving Federal agencies, states, tribes, local government, and the public in the leasing decision for an offshore technology testing facility located on the OCS, in accordance with the Department of the Interior and the Council on Environmental Quality (CEQ) regulations implementing the provisions of the National Environmental Policy Act (NEPA) of 1969 as amended (42 U.S.C. 4321 et seq.). On November 6, 2007, the Minerals Management Service (MMS), now BOEMRE, announced an interim policy for authorizing the issuance of leases for the installation of offshore data collection and technology testing facilities on the OCS (72 FR 62673). A lease application has been submitted pursuant to the interim policy, initiating the need for an EA. On June 11, 2010 Florida Atlantic University's (FAU) Southeast National Marine Renewable Energy Center (SNMREC) submitted an application to lease three OCS blocks, approximately nine to 15 nautical miles offshore of Fort Lauderdale, Florida, under its original nomination submitted on November 8, 2007. These three blocks are located on the Atlantic OCS in the Official Protraction Diagram NG 17- 06 numbered 7003, 7053, and 7054. The proposed lease area ranges from a depth of 262 meters (m) in Block 7053 to 366 m in the southern half of Block 7054. This project application was amended on February 10, 2011, and describes data collection and technology testing activities to be conducted on the proposed lease. FAU SNMREC intends to deploy a single- anchor mooring, with a mooring and telemetry buoy (MTB) (similar to the Navy Oceanographic Meteorological Automatic Device (NOMAD) weather buoys) for the purpose of testing, for limited periods, equipment designed to use the Florida current to generate electricity on the proposed leasehold. The proposed MTB would act as both a sensor and measurement platform and mooring point for a platform or vessel which can deploy small-scale ocean current devices. The device(s) to be deployed would be limited to 100-kilowatt (kW) power extraction and seven-meter diameter rotor(s). Initially, it is proposed to deploy an experimental demonstration device with 20 kW maximum power and a three- meter rotor diameter from a vessel moored to the MTB. BOEMRE intends to prepare an EA for the purpose of considering the environmental consequences associated with issuing an interim policy lease to FAU SNMREC, which will include impacts that may result from the installation of an MTB, deployment of small-scale ocean current devices, and operations of a deployment vessel on the potential leasehold. The EA will consider multiple environmental issues, including impacts to benthic habitats, sea turtles, pelagic fishes, marine mammals, and existing human uses. At a minimum, the alternatives that will be considered are no action (i.e., no issuance of a lease), and the issuance of a lease and approval of certain technology testing activities within the lease area, such as deployment of technology demonstration devices, single anchor moorings, and an MTB. With this NOI, BOEMRE is requesting comments and input from Federal, state, and local government agencies, tribal governments, and other interested parties, which may assist BOEMRE in identifying the important environmental issues and any additional alternatives that should be considered in the EA. Input is also requested regarding measures (e.g., limitations on activities based on technology, siting, or timing) that would mitigate impacts to environmental resources and socioeconomic conditions that could result from leasing and the technology testing activities in the lease area. Consultation with other Federal agencies, tribal governments, and affected states will be carried out during the EA process and will be completed before a final decision is made on whether, or under what circumstances to issue a lease.

Under the provisions of Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the National Institute on Drug Abuse (NIDA), the National Institutes of Health (NIH), has submitted to the Office of Management and Budget (OMB) a request to review and approve the information collection listed below. This proposed information collection was previously published in the Federal Register in Vol. 76, No. 49, pages 13648-13649 on March 14, 2011, and allowed 60 days for public comment. No public comments were received on the planned study or any of the specific topics outlined in the 60-day notice. The purpose of this notice is to allow an additional 30 days for public comment. 5 CFR 1320.5 (General requirements) Reporting and Recordkeeping Requirements: Final Rule requires that the agency inform the potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

The U.S. Department of Energy (DOE) is hereby granting a nationwide limited waiver of the Buy American requirements of section 1605 of the Recovery Act under the authority of Section 1605(b)(2), (iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality), with respect to: (1) 400 to 750 watt micro hydro-turbines meeting the specifications detailed below; (2) Oil fired direct vent space heaters for use in buildings that do not have ducts or piping for boiler heating systems; (3) ENERGY STAR rated electric heat pump water heaters and ENERGY STAR rated through-the-wall air conditioners; (4) Grid tied solar inverters of 800W or less, for applications where the panels generate 139VDC or less (not including micro-inverters); (5) 50 hp TEFC inverter duty motors for use in an existing Marley cooling tower; (6) Geothermal heat pumps for demonstration scale waste heat geothermal systems that allow the direct use of untreated wastewater to heat and cool commercial buildings; (7) Point to point/point to multi-point electronic broadband microwave radio systems with alignment tone and IE browser interface; (8) LED luminaires for roadway illumination with customized filter application to meet specific lighting requirements of Mauna Kea observatory; (9) Compressed Natural Gas (CNG) compressors, able to provide 3600 psi (248 bar) temperature compensated CNG supply to fast fill storage and fueling dispensers, efficient and adaptable to a small fleet (approximately 5 vehicles), as well as the wireless remote shut down controls (transmitters and receivers) for those CNG systems; (10) 8000W solar inverters for use with U.S. manufactured 315W panels; (11) Electronically commutated motor (ECM) type inline pumps; and (12) Inverters that permit optimal output of four (4) or more types of modules per array connected to inverter that will be used on eligible EERE-Recovery Act funded projects.

The U.S. Department of Energy (DOE) is hereby granting a nationwide limited waiver of the Buy American requirements of section 1605 of the Recovery Act under the authority of Section 1605(b)(2), (iron, steel, or the relevant manufactured goods are not produced in the United States at a reasonable cost), with respect to 300 Spanish Red Clay Tiles to be used on the Eagle Pass Library roof, a sub-grantee of the Texas State Energy Office, recipient of EECBG grant EE0000893.

Pursuant to the Federal Advisory Committee Act (Pub. L. 92- 463), notice is hereby given of a meeting of the Assembly of the Administrative Conference of the United States to consider proposed recommendations which deal with: (1) Legal issues arising from e- Rulemaking, (2) Federal government rulemaking procedures for dealing with public comments, (3) Federal agency use of video hearings in managing high-volume caseloads, and (4) enhanced ethics requirements for contractors that do business with the government. To facilitate public participation, the Conference is inviting public comment on the recommendations that will be considered at the meeting.

We, the U.S. Fish and Wildlife Service (Service), along with the National Oceanic and Atmospheric Administration (NOAA, Department of Commerce) and other Federal, State, and tribal partners, announce that we are seeking public comments and information necessary to prepare a draft National Fish, Wildlife, and Plants Climate Adaptation Strategy (Strategy). The Strategy will provide a unified approach reflecting shared principles and science-based practicesfor reducing the negative impacts of climate change on fish, wildlife, plants, habitats, and our natural resource heritage. It will serve as a valuable tool for Federal and State agencies, wildlife managers, tribes, and private landowners as they continue to manage their lands and natural resources in a changing environment.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the Commonwealth of Kentucky (FEMA-1976-DR), dated 05/04/2011. Incident: Severe Storms, Tornadoes, and Flooding. Incident Period: 04/22/2011 and continuing. Effective Date: 05/12/2011. Physical Loan Application Deadline Date: 07/05/2011. Economic Injury (EIDL) Loan Application Deadline Date: 02/06/2012.

This is a notice of an Administrative declaration of a disaster for the State of Louisiana dated 05/17/2011. Incident: Tornado. Incident Period: 03/05/2011. Effective Date: 05/17/2011. Physical Loan Application Deadline Date: 07/18/2011. Economic Injury (EIDL) Loan Application Deadline Date: 02/17/2012.