June 9, 2011 – Federal Register Recent Federal Regulation Documents

Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440); Model CL-600-2C10 (Regional Jet Series 700, 701, & 702); Model CL-600-2D15 (Regional Jet Series 705); and Model CL-600-2D24 (Regional Jet Series 900) Airplanes
Document Number: 2011-14348
Type: Proposed Rule
Date: 2011-06-09
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Safety Zones; Annual Firework Displays Within the Captain of the Port, Puget Sound Area of Responsibility
Document Number: 2011-14330
Type: Rule
Date: 2011-06-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the safety zones for annual firework displays in the Captain of the Port, Puget Sound area of responsibility during the dates and times noted below. This action is necessary to prevent injury and to protect life and property of the maritime public from the hazards associated with the firework displays. During the enforcement periods, entry into, transit through, mooring, or anchoring within these zones is prohibited unless authorized by the Captain of the Port, Puget Sound or Designated Representative.
Safety Zone; The Pacific Grove Feast of Lanterns, Fireworks Display, Pacific Grove, CA
Document Number: 2011-14329
Type: Rule
Date: 2011-06-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone in the navigable waters of Monterey Bay, off of Lovers Point, in Pacific Grove, California in support of the Pacific Grove Feast of Lanterns Fireworks Display. This safety zone is established to ensure the safety of participants and spectators from the dangers associated with the pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or a designated representative.
Safety Zone; Nicole Cerrito Birthday Fireworks, Detroit River, Detroit, MI
Document Number: 2011-14328
Type: Rule
Date: 2011-06-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the Detroit River, Detroit, MI. This zone is intended to restrict vessels from a portion of the Detroit River during the Nicole Cerrito Birthday Fireworks. This temporary safety zone is necessary to provide for the safety of the crews, spectators, participants of the event, participating vessels and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative.
Safety Zone; New York Water Taxi 10th Anniversary Fireworks
Document Number: 2011-14327
Type: Rule
Date: 2011-06-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone in the Captain of the Port (COTP) Zone New York on the navigable waters of the Upper New York Bay in the vicinity of Red Hook, New York for a fireworks display. This temporary safety zone is necessary to ensure the safety of vessels and spectators from hazards associated with fireworks displays. Persons and vessels are prohibited from entering into, transiting through, mooring, or anchoring within the temporary safety zone unless authorized by the COTP New York or the designated on-scene representative.
Maritime Communications
Document Number: 2011-14314
Type: Rule
Date: 2011-06-09
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission or FCC) denies a petition for reconsideration of the period in which inland VPCSA incumbents must vacate Channel 87B, and declines to extend this period generally to non-AIS operations because such an extension would undermine the primary goal of this proceeding. Further, the Commission determines that rechannelizing the VPC frequency band in order to facilitate more efficient spectrum usage is beyond the scope of this rulemaking proceeding.
Television Broadcasting Services; Nashville, TN
Document Number: 2011-14313
Type: Rule
Date: 2011-06-09
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by NewsChannel 5 Network, LLC (``NewsChannel 5''), the licensee of WTVF(TV), requesting the substitution of channel 25 for channel 5 at Nashville. According to NewsChannel 5, after WTVF(TV) transitioned from its pre-transition digital channel 56 to its post-transition digital channel 5, thousands of calls were received from viewers that could no longer view the station's digital signal.
Proposed Extension of Part 4 of the Commission's Rules Regarding Outage Reporting to Interconnected Voice Over Internet Protocol Service Providers and Broadband Internet Service Providers
Document Number: 2011-14311
Type: Proposed Rule
Date: 2011-06-09
Agency: Federal Communications Commission, Agencies and Commissions
The purpose of this document is to seek comment on a proposal to extend the Commission's communications outage reporting requirements to interconnected Voice over Internet Protocol (VoIP) service providers and broadband Internet Service Providers (ISPs). This action will help ensure that our current and future 9-1-1 systems are as reliable and resilient as possible and assist our Nation's preparedness for man-made or natural disasters, such as Hurricane Katrina.
Approval and Promulgation of Determination of Attainment for the 1997 8-Hour Ozone Standard: States of Missouri and Illinois
Document Number: 2011-14296
Type: Rule
Date: 2011-06-09
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking final action to determine that the St. Louis (MO-IL) metropolitan nonattainment area has attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. The St. Louis metropolitan ozone nonattainment area includes the counties of Franklin, Jefferson, St. Charles, and St. Louis as well as St. Louis City in Missouri; and the counties of Madison, Monroe, St. Clair, and Jersey in Illinois. This final determination is based on three years of complete, quality assured ambient air quality monitoring data for Missouri and Illinois for the 2008 through 2010 ozone seasons showing attainment of the NAAQS at all ozone monitoring sites in the nonattainment area. Based on this final determination, the obligation to submit certain ozone attainment demonstration requirements, along with other requirements related to the attainment of the 1997 8-hour ozone standard are suspended.
Approval and Promulgation of Air Quality Implementation Plans; State of Tennessee; Regional Haze State Implementation Plan
Document Number: 2011-14292
Type: Proposed Rule
Date: 2011-06-09
Agency: Environmental Protection Agency
EPA is proposing a limited approval and a limited disapproval of a revision to the Tennessee State Implementation Plan (SIP) submitted by the State of Tennessee through the Tennessee Department of Environment and Conservation (TDEC) on April 4, 2008, that addresses regional haze for the first implementation period. This revision addresses the requirements of the Clean Air Act (CAA) and EPA's rules that require states to prevent any future and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is proposing a limited approval of this SIP revision to implement the regional haze requirements for Tennessee on the basis that the revision, as a whole, strengthens the Tennessee SIP. Also in this action, EPA is proposing a limited disapproval of this same SIP revision because of the deficiencies in the State's April 2008 regional haze SIP submittal arising from the remand by the U.S. Court of Appeals for the District of Columbia (DC Circuit) to EPA of the Clean Air Interstate Rule (CAIR).
Energy Priorities and Allocations System Regulations
Document Number: 2011-14282
Type: Rule
Date: 2011-06-09
Agency: Department of Energy
This final rule establishes standards and procedures by which the Department of Energy (DOE) may require that certain contracts or orders that promote the national defense be given priority over other contracts or orders. This rule also sets new standards and procedures by which DOE may allocate materials, services and facilities to promote the national defense. DOE is publishing this rule to comply with a requirement of the Defense Production Act Reauthorization of 2009 to publish regulations providing standards and procedures for prioritization of contracts and orders and for allocation of materials, services and facilities to promote the national defense.
Airworthiness Directives; Austro Engine GmbH Model E4 Diesel Piston Engines
Document Number: 2011-14235
Type: Proposed Rule
Date: 2011-06-09
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) that applies to the products listed above. The existing AD currently requires frequent inspections of the fuel pressure supply for excessive oscillations to determine if high-pressure fuel pumps have been exposed to damaging pressure oscillations. Pumps that have been exposed require replacement before further flight. Since we issued that AD, Austro Engine, the manufacturer of the pump, introduced a new part number (P/N) fuel pump as mandatory terminating action to the repetitive inspections. This proposed AD would require the initial and repetitive inspections of AD 2010-23-09, but would also require installing HP fuel pump P/N E4A-30-200-000, as mandatory terminating action to the repetitive inspections. We are proposing this AD to prevent engine power loss or in-flight shutdown, which could result in loss of control of the airplane.
Approval and Promulgation of Implementation Plans; ID
Document Number: 2011-14204
Type: Rule
Date: 2011-06-09
Agency: Environmental Protection Agency
EPA is approving revisions to the Idaho State Implementation Plan (SIP) that were submitted to EPA by the State of Idaho on April 16, 2007. This SIP submittal includes new and revised rules which provide the Idaho Department of Environmental Quality (IDEQ) the regulatory authority to address regional haze and to implement Best Available Retrofit Technology (BART) requirements.
Approval and Promulgation of Implementation Plans; Oregon; Interstate Transport of Pollution; Significant Contribution to Nonattainment and Interference With Maintenance Requirements
Document Number: 2011-14199
Type: Rule
Date: 2011-06-09
Agency: Environmental Protection Agency
EPA is approving a portion of the State Implementation Plan (SIP) revision submitted by the State of Oregon for the purpose of addressing certain provisions of the interstate transport provisions of Clean Air Act (CAA) section 110(a)(2)(D)(i)(I) for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS or standards) and the 1997 fine particulate matter (PM2.5) NAAQS. Section 110(a)(2)(D)(i) of the CAA requires that each State have adequate provisions to prohibit air emissions from adversely affecting air quality in other States through interstate transport. EPA is taking final action to approve Oregon's SIP revision for the 1997 8-hour ozone NAAQS and 1997 PM2.5 NAAQS as meeting the requirements of CAA section 110(a)(2)(D)(i)(I) to prohibit emissions that will contribute significantly to nonattainment of the these standards in any other State and to prohibit emissions that will interfere with maintenance of these standards by any other State.
Endangered and Threatened Wildlife and Plants; Revised Endangered Status, Revised Critical Habitat Designation, and Taxonomic Revision for Monardella linoides
Document Number: 2011-13912
Type: Proposed Rule
Date: 2011-06-09
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to recognize the recent change to the taxonomy of the currently endangered plant taxon, Monardella linoides ssp. viminea, in which the subspecies was split into two distinct full species, Monardella viminea (willowy monardella) and Monardella stoneana (Jennifer's monardella). Because the original subspecies, Monardella linoides ssp. viminea, was listed as endangered under the Endangered Species Act of 1973, as amended (Act), we are reviewing and updating the threats analysis that we completed for the taxon in 1998, when it was listed as a subspecies, to determine if any of that analysis has changed based on this revised taxonomy. We are also reviewing the status of the new species, Monardella stoneana. We propose that Monardella viminea's current listing status should be retained as endangered, and we propose to delist the portion of the old listed taxon that has been split off into the new species, Monardella stoneana, because it does not meet the definition of endangered or threatened under the Act. We also propose to designate critical habitat for Monardella viminea (willowy monardella). Approximately 348 acres (141 hectares) are proposed for designation as critical habitat for M. viminea, in San Diego County, California. We are not proposing to designate critical habitat for Monardella stoneana at this time because we do not believe this species warrants listing under the Act. However, should we determine, after review of the best available scientific information and public comment, that Monardella stoneana does warrant listing, we will propose critical habitat for Monardella stoneana, should it be determined to be prudent, in a separate proposed rule.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Abronia ammophila, Agrostis rossiae, Astragalus proimanthus, Boechera (Arabis) pusilla,
Document Number: 2011-13910
Type: Proposed Rule
Date: 2011-06-09
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list Abronia ammophila (Yellowstone sand verbena), Agrostis rossiae (Ross' bentgrass), Astragalus proimanthus (precocious milkvetch), Boechera (Arabis) pusilla (Fremont County rockcress or small rockcress), and Penstemon gibbensii (Gibbens' beardtongue) as threatened or endangered, and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that listing A. ammophila, A. rossiae, A. proimanthus, and P. gibbensii is not warranted at this time. However, we ask the public to submit to us any new information that becomes available concerning the threats to A. ammophila, A. rossiae, A. proimanthus, and P. gibbensii or their habitats at any time. After a review of all the available scientific and commercial information, we find that listing B. pusilla as threatened or endangered is warranted. However, currently listing B. pusilla is precluded by higher priority actions to amend the Federal Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add B. pusilla to our candidate species list. We will develop a proposed rule to list B. pusilla as our priorities allow. We will make any determinations on critical habitat during development of the proposed listing rule. In any interim period, we will address the status of the candidate taxon through our annual Candidate Notice of Review.
Protection of Cleared Swaps Customer Contracts and Collateral; Conforming Amendments to the Commodity Broker Bankruptcy Provisions
Document Number: 2011-10737
Type: Proposed Rule
Date: 2011-06-09
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (the ``Commission'') hereby proposes rules to implement new statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act''). Specifically, the proposed rules contained herein impose requirements on futures commission merchants (``FCMs'') and derivatives clearing organizations (``DCOs'') regarding the treatment of cleared swaps customer contracts (and related collateral), and make conforming amendments to bankruptcy provisions applicable to commodity brokers under the Commodity Exchange Act (the ``CEA'').
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