June 3, 2011 – Federal Register Recent Federal Regulation Documents
Results 1 - 50 of 109
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Intent To Delete the Coker's Sanitation Service Landfills Superfund Site
The Environmental Protection Agency (EPA) Region III is issuing an Intent To Delete the Coker's Sanitation Service Landfills Superfund Site (Site) located in Cheswold, Kent County, Delaware, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Delaware, through the Delaware Department of Natural Resources and Environmental Control (DNREC), have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.
Science Advisory Board Staff Office Notification of a Public Teleconference of the Clean Air Scientific Advisory Committee (CASAC) Ozone Review Panel
The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public teleconference on July 6, 2011 of the Clean Air Scientific Advisory Committee (CASAC) Ozone Review Panel to discuss its draft review of EPA's Integrated Science Assessment for Ozone and Related Photochemical Oxidants (March 2011 Draft).
Endangered Species; File No. 15677
Notice is hereby given that South Carolina Department of Natural Resources (hereinafter ``Permit Holder''), P.O. Box 12559 Charleston, SC 29422 [Responsible Party: William C. Post], has been issued a permit to take shortnose sturgeon for purposes of scientific research.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Coker's Sanitation Service Landfills Superfund Site
The Environmental Protection Agency (EPA) Region III is publishing a direct final Deletion of the Coker's Sanitation Service Landfills Superfund Site (Site) located in Cheswold, Kent County, Delaware, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Delaware, through the Delaware Department of Natural Resources and Environmental Control (DNREC), because EPA has determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.
Marine Mammals; File No. 15543
Notice is hereby given that Randall S. Wells, Ph.D. (Principal Investigator), Sarasota Dolphin Research Program, c/o Mote Marine Laboratory, 1600 Ken Thompson Parkway, Sarasota, FL 34236, has been issued a permit to conduct research on bottlenose dolphins (Tursiops truncatus).
Medicare Program; Inpatient Psychiatric Facilities Prospective Payment System-Update for Rate Year Beginning July 1, 2011 (RY 2012); Correction
This document corrects two technical errors that appeared in the final rule published in the Federal Register on May 6, 2011 entitled, ``Inpatient Psychiatric Facilities Prospective Payment SystemUpdate for Rate Year Beginning July 1, 2011 (RY 2012).''
Notice of Availability of the Draft Environmental Impact Statement for the St. Lucie South Beach and Dune Restoration Project Located in St. Lucie County, Florida
The U.S. Army Corps of Engineers (USACE) is issuing this notice to advise the public that a Draft Environmental Impact Statement (DEIS) has been completed and is available for review and comment.
FAR Council's Plan for Retrospective Review Under Executive Order 13563-Preliminary Plan
The Federal Acquisition Regulatory (FAR) Council has developed a preliminary plan for the retrospective analysis of provisions in the FAR, in accordance with Executive Order (E.O.) 13563, ``Improving Regulation and Regulatory Review.'' The E.O. sets forth principles and requirements designed to strengthen regulations and regulatory review by promoting public participation, improving integration and innovation, increasing flexibility, and increasing retrospective analysis of existing rules. The E.O. requires every agency to develop ``a preliminary plan, consistent with law and its resources and regulatory priorities, under which the agency will periodically review its existing significant regulations to determine whether such regulations should be modified, streamlined, expanded or repealed to make the agency's regulatory program more effective and or less burdensome in achieving its regulatory objectives.'' To comply with E.O. 13563, the FAR Council invites interested members of the public to submit comments on its preliminary plan available at https:// www.whitehouse.gov/21stcenturygov/actions/21st-century-regula tory- system.
Proposed Settlement Agreement for Recovery of Past Response Costs Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended by the Superfund Amendments and Reauthorization Act of 1986; in Re: Agawam Sportsman's Club Superfund Site, Located in Agawam, MA
In accordance with the Comprehensive Environmental Response Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9601, et. seq., notice is hereby given of a proposed administrative settlement for recovery of past response costs at the Agawam Sportsman's Club Superfund Site, in Agawam, Massachusetts. The settlement requires the settling party, Agwam Sportsman's Club, Inc. (``ASC'') to sell the Site property for fair market value and distribute 90% of the net sale proceeds to the Environmental Protection Agency (the ``Agency'') for past response costs incurred at the Site. ASC would be required to distribute the remaining 10% of the net sale proceeds to the Town of Agawam as a result of property tax arrears. ASC has entered into a purchase and sale agreement to sell the Site property to a developer. The settlement includes a covenant not to sue the Settling Party pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a). For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the proposed settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 5 Post Office Square, Boston, MA 02109-3912.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
NMFS has determined that the Atlantic tunas General category daily Atlantic bluefin tuna (BFT) retention limit should be adjusted for the June through August 2011 time period, based on consideration of the regulatory determination criteria regarding inseason adjustments. This action applies to Atlantic tunas General category permitted vessels and Highly Migratory Species Charter/Headboat category permitted vessels (when fishing commercially for BFT).
Approval and Promulgation of Air Quality Implementation Plans; Ohio, Kentucky, and Indiana; Cincinnati-Hamilton Nonattainment Area; Determination of Attainment of the 1997 Annual Fine Particulate Standards
EPA is proposing to make two determinations regarding the tri- state Cincinnati-Hamilton (Ohio, Kentucky, and Indiana) fine particulate matter (PM2.5) nonattainment area (hereafter referred to as ``the Cincinnati Area'' or ``the Area''). First, EPA is proposing to determine that the Area has attained the 1997 annual average PM2.5 National Ambient Air Quality Standard (NAAQS). This proposed determination of attainment is based upon complete, quality-assured and certified ambient air monitoring data for the 2007- 2009 period showing that the Area has monitored attainment of the 1997 annual PM2.5 NAAQS. If EPA finalizes this proposed determination of attainment, the requirements for the Area to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plan (SIP) revisions related to attainment of the standard shall be suspended for so long as the Area continues to attain the annual PM2.5 NAAQS. Second, EPA is also proposing to determine, based on quality-assured and certified monitoring data for the 2007-2009 monitoring period, that the Area has attained the 1997 annual PM2.5 NAAQS by its applicable attainment date of April 5, 2010.
Revisions to the California State Implementation Plan
EPA is proposing to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) and Imperial County Air Pollution Control District (ICAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from Motor Vehicle Assembly Coatings, Surface Coatings of Metal Parts and Products, Plastic Parts and Products and Pleasure Crafts, Aerospace Coating Operations and Automotive Refinishing Operations. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to Montgomery Township, NJ
The EPA is hereby granting a project waiver of the Buy American requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to Montgomery Township, New Jersey (the Township), for the purchase of specific foreign manufactured immersed hollow fiber ultrafiltration membrane cassettes, ZeeWeed[supreg] 500D, which are the effluent filtration component of the Membrane Bioreactor (MBR) for the Skillman Village Wastewater Treatment Plant (WWTP) upgrade project. The ZeeWeed[supreg] 500D immersed ultrafiltration membrane cassettes are manufactured outside of the United States by GE Water & Processes Technologies (GEW&PT), in Oroszlany, Hungary. The design and specifications of the Township's proposed Skillman Village WWTP upgrade project were based on the recommendations provided by an engineering study and pilot testing conducted in 2005, which concluded that the WWTP facility be upgraded with a MBR process. This is a project specific waiver and only applies to the use of the specified product for the ARRA project being proposed. Any other ARRA project that may wish to use the same product must apply for a separate waiver based on project specific circumstances. Based upon information submitted by the Township and its consulting engineer, EPA has concluded that there are currently no domestic manufactured submerged hollow fiber ultrafiltration MBR membranes available in sufficient and reasonable quantity and of a satisfactory quality to meet the Township's project design and performance specifications and that a waiver is justified. The Regional Administrator is making this determination based on the review and recommendations of the State Revolving Fund Program Team. The Assistant Administrator of the Office of Administration and Resources Management has concurred on this decision to make an exception to Section 1605(a) of ARRA. This action permits the purchase of foreign manufactured submerged hollow fiber ultrafiltration membrane cassettes by the Township, as specified in its January 18, 2011 waiver request and February 4, 2011 supplemental submittal to EPA.
Science Advisory Board Staff Office Request for Additional Nominations for the SAB Environmental Justice Technical Review Panel(s)
The EPA Science Advisory Board (SAB) Staff Office is requesting public nominations of additional experts to review the Agency's proposed technical document(s) which consider environmental justice concerns.
Unblocking of one Specially Designated National or Blocked Person Pursuant to Executive Order 13315, as Amended
The Treasury Department's Office of Foreign Assets Control (``OFAC'') is publishing the name an individual whose property and interests in property have been unblocked pursuant to Executive Order 13315 of August 28, 2003, ``Blocking Property of the Former Iraqi Regime, Its Senior Officials and Their Family Members, and Taking Certain Other Actions,'' as amended by Executive Order 13350 of July 30, 2004.
Executive Committee of the Aviation Rulemaking Advisory Committee; Meeting
The FAA is issuing this notice to advise the public of a meeting of the Executive Committee of the Aviation Rulemaking Advisory Committee.
Safety Enhancements Part 139, Certification of Airports; Reopening of Comment Period
The FAA published a proposed rule on February 1, 2011, to establish minimum standards for training of personnel who access the airport non-movement area (ramp and apron) to help prevent accidents and incidents in that area. This proposal would require a certificate holder to conduct pavement surface evaluations to ensure reliability of runway surfaces in wet weather conditions. This proposed action would also require a Surface Movement Guidance Control System (SMGCS) plan if the certificate holder conducts low visibility operations, facilitating the safe movement of aircraft and vehicles in low visibility conditions. Finally, this proposal would clarify the applicability of part 139 and explicitly prohibit fraudulent or intentionally false statements in a certificate application or record required to be maintained. After the comment period closed, the FAA became aware that the initial regulatory evaluation had not been posted to the rulemaking docket. This action reopens the comment period to allow the public to review and comment on that document, which is now in the docket.
Science Advisory Board Staff Office Notification of a Joint Public Meeting of the Chartered Science Advisory Board and Board of Scientific Counselors
The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a joint public meeting of the Chartered SAB and Board of Scientific Counselors (BOSC) to hold discussions with EPA regarding the Office of Research and Development's (ORD's) new strategic directions for research.
Implementation of the Commercial Advertisement Loudness Mitigation (CALM) Act
In this document, the Commission proposes rules to implement the Commercial Advertisement Loudness Mitigation (``CALM'') Act. Among other things, the CALM Act directs the Commission to incorporate into its rules by reference and make mandatory a technical standard developed by an industry standard-setting body that is designed to prevent television commercial advertisements from being transmitted at louder volumes than the program material they accompany. Specifically, the CALM Act requires the Commission to incorporate by reference the ATSC A/85 Recommended Practice (``ATSC A/85 RP'') and make it mandatory ``insofar as such recommended practice concerns the transmission of commercial advertisements by a television broadcast station, cable operator, or other multichannel video programming distributor.'' As mandated by the statute, the proposed rules will apply to TV broadcasters, cable operators and other multichannel video programming distributors (``MVPDs''). The new law requires the Commission to adopt the required regulation on or before December 15, 2011, and it will take effect one year after adoption. The document seeks comment below on proposals regarding compliance, waivers, and other implementation issues.
International Cooperation on Harmonisation of Technical Requirements for Registration of Veterinary Medicinal Products (VICH); Draft Revised Guidance for Industry on “Studies To Evaluate the Safety of Residues of Veterinary Drugs in Human Food: General Approach To Establish a Microbiological ADI” (VICH GL-36(R)); Request for Comments; Availability
The Food and Drug Administration (FDA) is announcing the availability for comments of a draft revised guidance for industry (159) entitled ``Studies to Evaluate the Safety of Residues of Veterinary Drugs in Human Food: General Approach to Establish a Microbiological ADI'' (VICH GL36(R)). This draft revised guidance, which updates a final guidance on the same topic for which a notice of availability was published in the Federal Register of February 11, 2005, has been developed for veterinary use by the International Cooperation on Harmonisation of Technical Requirements for Registration of Veterinary Medicinal Products (VICH). This draft revised VICH guidance was revised to include Appendix DSupplement to Section 2 Regarding the Determination of the Fraction of Oral Dose Available to Microorganisms. This draft VICH guidance document is intended to provide guidance for assessing the human food safety of residues from veterinary antimicrobial drugs with regard to effects on the human intestinal flora.
Agency Information Collection Activities; Proposed Collection; Comment Request; Premarket Notification for a New Dietary Ingredient
The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the procedure by which a manufacturer or distributor of dietary supplements or of a new dietary ingredient is to submit information to FDA upon which it has based its conclusion that a dietary supplement containing a new dietary ingredient will reasonably be expected to be safe.
Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Restaurant Menu and Vending Machine Labeling; Registration for Small Chains Under Section 4205 of the Patient Protection and Affordable Care Act of 2010
The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Restaurant Menu and Vending Machine Labeling: Registration for Small Chains Under Section 4205 of the Patient Protection and Affordable Care Act of 2010'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.
Agency Information Collection Activities; Proposed Collection; Comment Request; Substantiation for Dietary Supplement Claims Made Under the Federal Food, Drug, and Cosmetic Act
The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection provisions of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) and the guidance entitled ``Guidance for Industry: Substantiation for Dietary Supplement Claims Made Under Section 403(r)(6) of the Federal Food, Drug, and Cosmetic Act.''
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Data To Support Drug Product Communications, as Used by the Food and Drug Administration
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
Proposed Information Collection; Comment Request; Alaska Saltwater Sportfishing Economic Survey
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Migratory Birds; Take of Migratory Birds by the Armed Forces
The 2003 National Defense Authorization Act (Authorization Act) provided interim authority to members of the Armed Forces to incidentally take migratory birds during approved military readiness activities without violating the Migratory Bird Treaty Act (MBTA). The Authorization Act provided this interim authority to give the Secretary of the Interior (Secretary) time to exercise his/her authority under Section 704(a) of the MBTA to prescribe regulations authorizing such incidental take. The Secretary delegated this task to the U.S. Fish and Wildlife Service (Service). On February 28, 2007, the Service issued a final military readiness rule authorizing members of the Armed Forces to incidentally take migratory birds. The Authorization Act also stated that the period of application of interim incidental take authority would expire when the Service publishes a notice in the Federal Register that: (1) Prescribes regulations authorizing incidental take of migratory birds by the Armed Forces; (2) all legal challenges to the regulations have been exhausted; and (3) the regulations have taken effect. The Service hereby provides the notice required by the Authorization Act that the period of application for interim incidental take authority has expired. The Service prescribed the necessary regulations on February 28, 2007, the regulations took effect on March 30, 2007, and there were no challenges to those regulations filed during the allotted time period.
Employment and Training Administration Program Year (PY) 2011 Workforce Investment Act (WIA) Allotments to Outlying Areas
This Notice announces PY 2011 WIA Title I Youth, Adult and Dislocated Worker Activities program allotments for outlying areas. The WIA allotments for the outlying areas are based on a formula determined by the Secretary. As required by WIA section 182(d), on February 17, 2000, a Notice of the discretionary formula for allocating PY 2000 funds for the outlying areas (American Samoa, Guam, Marshall Islands, Micronesia, Northern Marianas, Palau, and the Virgin Islands) was published in the Federal Register at 65 FR 8236 (February 17, 2000). The rationale for the formula and methodology was fully explained in the February 17, 2000, Federal Register Notice. The formula for PY 2011 is the same as used for PY 2000 and is described in the section on Youth Activities program allotments. Comments are invited on the formula used to allot funds to the outlying areas.
Endangered Species; Marine Mammals; Issuance of Permits
We, the U.S. Fish and Wildlife Service (Service), have issued the following permits to conduct certain activities with endangered species, marine mammals, or both. We issue these permits under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA).
Endangered Species; Receipt of Applications for Permit
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (ESA) prohibit activities with listed species unless a Federal permit is issued that allows such activities. The ESA law requires that we invite public comment before issuing these permits.
Nondiscrimination on the Basis of Disability in Air Travel; Accessibility of Aircraft and Stowage of Wheelchairs
The Department of Transportation is seeking comment on whether or not the prohibition against using the seat-strapping method (placing a wheelchair across a row of seats using a strap kit with safety- approval from the Federal Aviation Administration or applicable foreign government) to transport a passenger's wheelchair in the cabin of newer aircraft as set forth in DOT regulations should be deleted, modified, or remain as written.
National Forest System Invasive Species Management Policy
The Forest Service is seeking comment on it's proposal to establish an internal directive to Forest Service Manual (FSM) 2900 for invasive species management. The proposed invasive species management directive will provide foundational comprehensive guidance for the management of invasive species on aquatic and terrestrial areas of the National Forest System (NFS). The directive articulates broad objectives, policies, responsibilities, and definitions for Forest Service employees and partners to more effectively communicate NFS invasive species management requirements at the local, regional, and national levels. The directive primarily serves to clarify and improve the understanding, scope, roles, principles, and responsibilities associated with NFS invasive species management for Forest Service employees and the public. This directive will increase Forest Service effectiveness when planning and implementing invasive species management activities; using a collaborative and holistic approach for protecting and restoring aquatic and terrestrial ecosystems from the impacts of invasive plants, pathogens, vertebrates, and invertebrates.
Procurement List Additions and Deletions
This action adds products and services to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes a product and services from the Procurement List previously furnished by such agencies.
Procurement List; Proposed Additions
The Committee is proposing to add products and a service to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. Comments Must Be Received on or Before: 7/4/2011.
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