May 2011 – Federal Register Recent Federal Regulation Documents

The Federal Retirement Thrift Investment Board (Agency) is amending its regulations at 5 CFR part 1653. Based on the Agency's memorandum of understanding and data match program with the Department of Health and Human Services, Administration for Children and Families, Federal Office of Child Support Enforcement (OCSE), as well as a legislative amendment which subjects TSP accounts to orders issued pursuant to the Mandatory Victims Restitution Act (MVRA), the Agency's court order volume has significantly increased and will likely continue to increase significantly. In order to promote efficiency and equity in light of this current and likely future increase in the Agency's court order workload, the Agency is amending its regulations to shorten the time period in which child support orders and MVRA orders are payable. The amendments clarify that these payments are subject to Federal income tax withholding and that tax withholding cannot be waived. Further, the amendments provide that when payment of a qualifying retirement benefits order is to be made to a participant's current or former spouse, the payee may request to have the payment made as early as 30 days after the date of the TSP decision letter. The Agency considers these amendments to be procedural in character. As a result, no notice and comment period is required by the Administrative Procedure Act. See 5 U.S.C. 553(b)(A).

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.

In accordance with the Federal Advisory Committee Act, the purpose of this notice is to announce that a Federal Advisory Committee, known as the ``Technological Advisory Council'' (hereinafter the ``TAC'') is being reestablished.

The Federal Communications Commission is publishing this notice to advise the public of the availability of the FY 2010 Service Contract Inventory as required by Section 743 of Division C of the Consolidated Appropriations Act of 2010 (Pub. L. 111-117). This inventory provides information on service contract actions over $25,000 that were made in FY 2010. The information is organized by function to show how contracted resources are distributed throughout the agency. The inventory has been developed in accordance with guidance issued on November 5, 2010 by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). OFPP's guidance is available at: https://www.whitehouse.gov/sites/default/files/omb/procurement /memo/ service-contract-inventories-guidance-11052010.pdf. The Federal Communications Commission has posted its inventory and a summary of the inventory on the Federal Communications Commission's Web site at the following link: https://www.fcc.gov/encyclopedia/ service-contract-inventory-2010.

The Bureau of Land Management (BLM) announces the availability of the Record of Decision (ROD) for the Eldorado Ivanpah Transmission Project (EITP) located in San Bernardino County, California, and Clark County, Nevada. The BLM Needles Field Manager signed the ROD on May 19, 2011, which constitutes the final decision of the BLM.

This notice replaces the notice VSI-Notice 2011-01; Notice Pursuant to Executive Order 12600 of Receipt of Freedom of Information Act (FOIA) Requests for Access to the Central Contractor Registration (CCR) Data, published on May 16, 2011. It provides submitters notice pursuant to Executive Order 12600 that the General Services Administration, Office of Governmentwide Policy, Acquisition Systems Division (ASD) has received several FOIA requests for certain data elements within the Central Contractor Registration (CCR) database. This notice describes each data element contained in CCR and its exemption status under FOIA. The non-exempt data elements are packaged in a monthly CCR FOIA extract available on Acquisition.gov (https:// www.acquisition.gov). The exempt data elements are not made public as part of the CCR FOIA extract. However, certain data elements that are exempt for CCR FOIA requests may be displayed publicly in other Federal systems after they are associated with a Federal award as required by law. For instance, CCR data elements 250-254 address Executive Compensation as required under section 2 of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252). While collected in CCR as part of the registrant's profile, the Executive Compensation responses are not displayed until they are associated with an eligible Federal award at USAspending.gov (https:// www.usaspending.gov), nor are they releasable under CCR FOIA prior to association with an eligible Federal award and subsequent display on USAspending.gov. In addition, CCR data elements 255-260 address Proceedings information in accordance with FAR clause 52.209-7 (version dated January 2011). While collected in CCR as part of the registrant's profile (in accordance with FAR 52.209-7(d)), the Proceedings information is only displayed in association with a record in the Federal Awardee Performance and Integrity Information System (FAPIIS) and is not releasable under CCR FOIA. The following information applies to CCR data fields 255 through 260, dealing with the Proceedings section of the CCR registration, which are marked with ``*'': Any information entered in data fields 255 to 260 before April 15, 2011, will be handled in accordance with the Freedom of Information Act procedures at 5 U.S.C 552. Information posted on or after April 15, 2011, will be available to the public through FAPIIS, as required by Section 3010 of Public Law 111-212 (see 41 U.S.C. 417b, as recodified, 41 U.S.C. 2313) and in accordance with FAR clause 52.209-9 (version dated January 2011). Federal contractors must not post information to data fields 255 to 260 under former FAR clause 52.209-8 (version dated April 2010) on or after April 15, 2011. Any contractors with a contract containing clause 52.209-8 (version dated April 2010) that requires update of information on or after April 15, 2011, should contact their contracting officer immediately to discuss a modification. Contracting officers are required to bilaterally modify existing contracts (including indefinite-delivery indefinite-quantity contracts) that contain the FAR clause 52.209-8 (version dated April 2010) if a six-month update is due on or after April 15, 2011. The modification shall replace FAR clause 52.209-8 (version dated April 2010) with the new FAR clause 52.209-9 (version dated January 2011).

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.

This action finalizes the confidentiality determinations for certain data elements required to be reported under the Mandatory Greenhouse Gas Reporting Rule. This action also finalizes amendments to the special rules governing certain information obtained under the Clean Air Act, which authorizes EPA to release or withhold as confidential reported data under the Mandatory Greenhouse Gas Reporting Rule according to the final determinations for such data without taking further procedural steps. This action does not include final confidentiality determinations for data elements that are in the ``Inputs to Emission Equations'' category.

The Office of the Comptroller of the Currency (OCC) is proposing to amend its regulations governing organization and functions, availability and release of information, and post-employment restrictions for senior examiners; and assessment of fees to incorporate the transfer of certain functions of the Office of Thrift Supervision (OTS) to the OCC pursuant to Title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The OCC also is proposing amendments to its rules pertaining to change in control of credit card banks and trust banks to implement section 603 of the Act; deposit-taking by uninsured Federal branches to implement section 335 of the Act; and its preemption and visitorial powers rules, subpart D, to implement various sections of the Act.

This action amends Class E airspace at Brunswick, GA. The McKinnon Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures (SIAPs) have been developed for Malcolm-McKinnon Airport. The geographic coordinates for the airport are adjusted. Also, reference to the Glynco Jetport in the airspace designation is removed. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.

The NCUA Board is amending certain provisions of NCUA's official advertising statement rule. Specifically, insured credit unions will be required to include the statement in a greater number of radio and television advertisements, annual reports, and statements of condition required to be published by law. The NCUA Board also is defining the term ``advertisement'' and clarifying size requirements for the official advertising statement in print materials.

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.

The Commission will revise its Schedule of Regulatory Fees in order to recover an amount of $335,794,000 that Congress has required the Commission to collect for fiscal year 2011. The Communications Act of 1934, as amended, provides for the annual assessment and collection of regulatory fees for annual ``Mandatory Adjustments'' and ``Permitted Amendments'' to the Schedule of Regulatory Fees.

Pennsylvania has requested that EPA delegate to Pennsylvania the authority to implement and enforce twelve additional National Emission Standards for Hazardous Air Pollutants (NESHAP) for area sources, and EPA has responded by sending Pennsylvania a letter approving this delegation, pursuant to previously approved delegation mechanisms. To inform regulated facilities and the public of EPA's delegation to Pennsylvania of the authority to implement and enforce these twelve additional NESHAP for area sources, EPA is making available a copy of EPA's letter to Pennsylvania through this notice.

Notice is hereby given that a permit has been issued to NMFS National Marine Mammal Laboratory, Seattle, WA, to conduct research on marine mammals.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We published a Federal Register Notice with a 60-day public comment period on this information collection on December 29, 2010. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

This action proposes to modify Class E Airspace at Wokal Field/Glasgow International Airport, Glasgow, MT. Controlled airspace is necessary to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at the airport. The FAA is proposing this action to enhance the safety and management of aircraft operations. This action would also update the airport name.

The United States Coast Guard is soliciting public comment on the availability of technology to meet certain provisions of the Cruise Vessel Security and Safety Act of 2010(CVSSA), specifically related to video recording and overboard detection technologies. Public comment is necessary in order to assist the Coast Guard with assessing which requirements should be addressed in guidance and regulations implementing the CVSSA.

NMFS issues this final rule to implement the annual harvest guideline (HG) and seasonal allocations for Pacific sardine in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of January 1, 2011, through December 31, 2011. These specifications have been determined according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The 2011 maximum HG for Pacific sardine is 50,526 metric tons (mt), of which 4,200 mt is initially set aside for potential use under Exempted Fishing Permits (EFPs). The remaining 46,326 mt, constituting the initial commercial fishing HG, has been divided across the seasonal allocation periods in the following way: January 1-June 3015,214 mt is allocated for directed harvest with an incidental set-aside of 1,000 mt; July 1- September 1417,530 mt is allocated for directed harvest with an incidental set-aside of 1,000 mt; September 15-December 318,582 mt is allocated for directed harvest with an incidental set-aside of 1,000 mt, plus an additional 2,000 mt set aside to buffer against reaching the total HG. This rule is intended to conserve and manage Pacific sardine off the West Coast.