June 2, 2011 – Federal Register Recent Federal Regulation Documents

The Equal Employment Opportunity Commission (``EEOC'' or ``Commission'') proposes to extend its existing recordkeeping requirements under title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA) to entities covered by title II of the Genetic Information Nondiscrimination Act of 2008 (``GINA''), which prohibits employment discrimination based on genetic information.

In accordance with Executive Order (E.O.) 13563, ``Improving Regulation and Regulatory Review,'' we are announcing that our preliminary plan for retrospective review is available for public comment. We are now requesting comments on the plan.

This notice advises the public that the Bureau of Indian Affairs (BIA), as Lead Agency, intends to prepare an Environmental Impact Statement (EIS) for the Wheatgrass Ridge Wind Project, Fort Hall Indian Reservation, Idaho. It also announces the beginning of the scoping process to identify potential issues and content for inclusion in the EIS. Construction of the Wheatgrass Ridge Wind Project within the Fort Hall Reservation is subject to BIA approval of a lease and, as proposed, is a major Federal action under the National Environmental Policy Act of 1969 (NEPA), as amended. The information in the EIS will be used to support a decision whether or not to lease Shoshone-Bannock Tribal lands to Wheatgrass Ridge Wind, LLC, for construction, operation, and maintenance of a wind energy facility up to 160 megawatt (MW). The EIS will describe and analyze potential environmental impacts from the proposed action and a range of reasonable alternatives.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 18 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

An open meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service.

An open meeting of the Area 6 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service.

An open meeting of the Area 4 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

An open meeting of the Area 2 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

FMCSA announces its decision to exempt twenty-three individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.

FMCSA announces receipt of applications from 19 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.

An open meeting of the Taxpayer Advocacy Panel Notice Improvement Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service.

An open meeting of the Taxpayer Advocacy Panel Tax Forms and Publications Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service.

The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.

The Department of Education published final regulations in the Federal Register on April 28, 2011 (76 FR 23712) to amend the regulations governing the Impact Aid Discretionary Construction program, authorized under section 8007(b) of the Elementary and Secondary Education Act of 1965, as amended. That document inadvertently included the incorrect RIN number for the regulatory action. This document corrects the RIN number for that regulatory action.

This action amends Class E airspace for Mosby, MO. Decommissioning of the Mosby non-directional beacon (NDB) at Midwest National Air Center Airport, Mosby, MO, has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

This action amends Class D airspace within the Corpus Christi, TX, area by updating the geographic coordinates for Cabaniss Navy Outlying Field (NOLF). This action does not change the boundaries or operating requirements of the airspace.

We are adopting a new airworthiness directive (AD) for the products listed above that are equipped with a Honeywell TPE331-10 or - 12JR turboprop engine installed per Supplemental Type Certificate (STC) SA09866SC. This AD requires incorporating revised airspeed limitations and marking the airspeed indicator accordingly. There is also a requirement for the installation of a temporary placard until the airspeed indicator can be modified but not to exceed a certain period of time. This AD was prompted by analysis that showed that airspeed limitations for the affected airplanes are not adjusted for the installation of a turboprop engine as stated in the regulations. We are issuing this AD to prevent the loss of airplane structural integrity due to the affected airplanes being able to operate at speeds that exceed the speeds established in the Federal aviation regulations for safe operation.

This rule invites comments on the proposed termination of the Federal marketing orders regulating the handling of nectarines and fresh peaches grown in California (orders) and the rules and regulations issued thereunder. This action is based upon a decision by the Department of Agriculture (USDA) following referenda conducted among industry growers. As provided under the orders, USDA considers order termination if fewer than two-thirds of growers participating in regularly scheduled continuance referenda, by number and production volume, support continuance. In 2011 referenda, growers failed to support continuance of the orders and their programs in sufficient numbers and USDA now proposes to terminate the orders.

This rule revises the United States Standards for Grades of Potatoes. These standards are issued under the Agricultural Marketing Act of 1946. The Agricultural Marketing Service (AMS) is amending the similar varietal characteristic requirement to allow mixed colors and/ or types of potatoes when designated as a mixed or specialty pack. Additionally, AMS is adding restrictive tolerances for permanent defects in the en route/at destination tolerances, removing the unneeded definition for injury, and clarifying the scoring guide for sprouts. AMS is also adding table numbers to the definitions of ``Damage,'' ``Serious Damage,'' and ``External Defects,'' amending table headings, replacing omitted language in the definition for bruises and amending language in the tolerance section to ensure soft rot tolerances are applied correctly. The purpose of this revision is to update and revise the standards to more accurately represent today's marketing practices and to clarify existing language.

The Coast Guard is adding regulations requiring safety zones in the Captain of the Port Sault Sainte Marie zone. This rule will establish safety zones that will restrict vessels from certain portions of water areas within the Sector Sault Sainte Marie Captain of the Port zone. These safety zones are necessary to protect spectators, participants, and vessels from the hazards associated with various maritime events.

We, the National Marine Fisheries Service (NMFS), propose revising the current critical habitat for the Hawaiian monk seal (Monachus schauinslandi) by extending the current designation in the Northwestern Hawaiian Islands (NWHI) out to the 500-meter (m) depth contour and including Sand Island at Midway Islands; and by designating six new areas in the main Hawaiian Islands (MHI), pursuant to section 4 of the Endangered Species Act (ESA). Specific areas proposed for the MHI include terrestrial and marine habitat from 5 m inland from the shoreline extending seaward to the 500-m depth contour around: Kaula Island, Niihau, Kauai, Oahu, Maui Nui (including Kahoolawe, Lanai, Maui, and Molokai), and Hawaii (except those areas that have been identified as not included in the designation). We propose to exclude the following areas from designation because the national security benefits of exclusion outweigh the benefits of inclusion, and exclusion will not result in extinction of the species: Kingfisher Underwater Training area in marine areas off the northeast coast of Niihau; Pacific Missile Range Facility Main Base at Barking Sands, Kauai; Pacific Missile Range Facility Offshore Areas in marine areas off the western coast of Kauai; the Naval Defensive Sea Area and Puuloa Underwater Training Range in marine areas outside Pearl Harbor, Oahu; and the Shallow Water Minefield Sonar Training Range off the western coast of Kahoolawe in the Maui Nui area. We solicit comments on all aspects of the proposal, including information on the economic, national security, and other relevant impacts. We will consider additional information received prior to making a final designation.

This rule makes non-substantive changes throughout Title 33 of the Code of Federal Regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard navigation and navigable water regulations. This rule will have no substantive effect on the regulated public. These changes are provided to coincide with the annual recodification of Title 33 on July 1, 2011.