May 26, 2011 – Federal Register Recent Federal Regulation Documents

The EPA published in the Federal Register on May 20, 2011, the proposed rule, National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production. The EPA is announcing two public hearings to be held for the proposed rule.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. The revision, which amends the Virginia Clean Air Interstate Rule (CAIR) trading program, is comprised of technical corrections and revisions to the definition of a cogeneration unit to ensure the Commonwealth's CAIR trading program is consistent with Federal CAIR requirements. This action is being taken under the Clean Air Act (CAA).

The Coast Guard proposes to amend the verbiage in listing of permanent safety zones during annual firework displays within the Eleventh Coast Guard District. This supplemental notice of proposed rulemaking changes the proposed regulation by adding clarifying language to the proposed regulation for San Diego Captain of the Port zone.

Pursuant to 5 U.S.C. 7342, at three-year intervals following January 1, 1981, the minimal value for foreign gifts must be redefined by the Administrator of General Services, after consultation with the Secretary of State, to reflect changes in the Consumer Price Index for the immediately preceding 3-year period. The required consultation has been completed and the minimal value has been increased to $350 or less as of January 1, 2011.

This document proposes to amend the Department of Veterans Affairs (VA) ``Payment or Reimbursement for Emergency Services for Nonservice-Connected Conditions in Non-VA Facilities'' regulations to conform with changes made by certain sections of the Expansion of Veteran Eligibility for Reimbursement Act. Some of the revisions in this proposed rule are purely technical, matching the language of our regulations to the language of the revised statute, while others set out VA's policies regarding the implementation of statutory requirements. The proposed rule would expand the qualifications for payment or reimbursement to veterans who receive emergency services in non-VA facilities, and would establish accompanying standards for the method and amount of payment or reimbursement.

We propose to adopt a new airworthiness directive (AD) for the products listed above, with certain part number (P/N) high-pressure compressor (HPC) stages 2-5 spools installed. This proposed AD would require eddy current inspection (ECI) or spot fluorescent penetrant inspection (FPI) of the stages 1-2 rotating seal teeth of the HPC stages 2-5 spool for cracks and would prohibit installation of HPC stator stage 1 interstage seals that are not pregrooved to prevent heavy rubs. This proposed AD was prompted by an aborted takeoff and two shop findings of cracks in the stages 1-2 rotating seal teeth. We are proposing this AD to detect cracks in the HPC stages 1-2 rotating seal teeth due to heavy rubs, which could result in failure of the stages 1- 2 rotating seal of the HPC stages 2-5 spool, uncontained engine failure, and damage to the airplane.

EPA proposes to approve Maine Department of Environmental Protection's (``ME DEP'') request to implement and enforce the amended Chapter 125 Perchloroethylene Dry Cleaner Regulation as a partial substitution for the amended National Emissions Standards for Hazardous Air Pollutants for Perchloroethylene Dry Cleaning Facilities (``Dry Cleaning NESHAP''), as it applies to area sources. This approval would make the ME DEP's amended rule federally enforceable. Major sources and dry cleaners installed in a residence between July 13, 2006 and June 24, 2009 would remain subject to the Federal Dry Cleaning NESHAP.

The Federal Communications Commission published a document in the Federal Register at 76 FR 24376, May 2, 2011, which contained information collection requirements. The Office of Management and Budget (OMB) gave approval on May 16, 2011, for these information collection requirements contained in the Commission's Report and Order, Amendment of the Commission's Ex Parte Rules and Other Procedural Rules.

In June 2009, pursuant to the Marine Mammal Protection Act (MMPA), NMFS issued two 5-year final regulations to govern the unintentional taking of marine mammals incidental to Navy training activities conducted in the Virginia Capes (VACAPES) and Jacksonville (JAX) range complexes off the East Coast of the U.S. These regulations, which allow for the issuance of ``Letters of Authorization'' (LOAs) for the incidental take of marine mammals during the specified activities and described timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking. These rules quantify the specific amounts of training activities involving underwater detonations that will occur over the course of the 5-year rules, and indicate that marine mammal take may only be authorized in an LOA incidental to the types and amounts of training activities and explosives described. No language was included expressly allowing for deviation from those precise levels of training activities and amounts of explosives even if the total number of takes remain within the analyzed and authorized limits. Since the issuance of these rules, the Navy realized that their evolving training programs, which are linked to real world events, necessitate greater flexibility in the types and amounts of training events and explosives that they conduct and use. In response to this need, NMFS has, through this interim final rule, amended the VACAPES and JAX regulations to explicitly allow for greater flexibility in the types and amount of training activities that they conduct and explosives that they use.

We, the U.S. Fish and Wildlife Service, determine threatened status for the salmon-crested cockatoo (Cacatua moluccensis) under the Endangered Species Act of 1973, as amended (Act). This final rule implements the Federal protections provided by the Act for this species. We are also publishing a special rule for the species.

This action establishes Class E airspace at Kenbridge, VA, to accommodate new Standard Instrument Approach Procedures that have been developed for Lunenburg County Airport. This action enhances the safety and management of Instrument Flight Rules (IFR) operations at the Airport.

NCUA is issuing a final rule to prohibit, in certain circumstances, a Federally insured credit union (FICU) from making golden parachute and indemnification payments to an institution- affiliated party (IAP). The rule will help safeguard the National Credit Union Share Insurance Fund (NCUSIF) by preventing the wrongful or improper disposition of FICU assets and inhibit unwarranted rewards to IAPs that can contribute to an FICU's troubled condition.

The National Park Service (NPS) is amending its procedures for obtaining historic preservation certifications for rehabilitation of historic structures. Individuals and corporations must obtain these certifications to be eligible for tax credits from the Internal Revenue Service (IRS). This rule incorporates references to the revised sections of the Internal Revenue Code containing the requirements for obtaining a tax credit; replaces references to NPS's regional offices with references to its Washington Area Service Office (WASO); requires NPS to accept appeals for denial of certain certifications; and removes the certification fee schedule from the regulation. These latter two revisions provide an additional avenue for appeals and allow NPS to update fees by publishing a notice in the Federal Register as administrative costs change.

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.