June 23, 2011 – Federal Register Recent Federal Regulation Documents

EPA is granting Minnesota final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The agency published a proposed rule on January 14, 2011 and provided for public comment. The public comment period ended on February 14, 2011. We received no comments. No further opportunity for comment will be provided. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization. We now make a final decision to authorize Minnesota's changes through this final action.

This action proposes to clarify prior interpretations of the seat belt and seating requirements of 14 CFR 91.107(a)(3). These prior interpretations state that the shared use of a single restraint may be permissible. The proposed clarification states that the use of a seat belt and/or seat by more than one occupant is appropriate only if: The seat belt is approved and rated for such use; the structural strength requirements for the seat are not exceeded; and the seat usage conforms with the limitations contained in the approved portion of the Airplane Flight Manual. The proposed clarification also emphasizes that the proper restraint method for children during operations conducted under part 91 relies on the good judgment of the pilot, who should be intimately aware of the capabilities and structural requirements of the aircraft that he or she is operating.

The Gulfstream GVI airplane will have numerous electrically operated systems whose function is needed for continued safe flight and landing of the airplane. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

These special conditions are issued for the Gulfstream GVI airplane. This airplane will have novel or unusual design features associated with connectivity of the passenger domain computer systems to the airplane critical systems and data networks. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

On March 21, 2011, the Department of Health and Human Services (HHS) published a Notice of Proposed Rulemaking proposing to treat chronic lymphocytic leukemia (CLL) as a radiogenic cancer under the Energy Employees Occupations Illness Compensation Program Act (EEOICPA) of 2000. The public comment period was scheduled to end on June 20, 2011. We have received a request asking to extend the public comment period. In consideration of this request, HHS is extending the public comment period by 30 days to July 20, 2011.

This action extends the comment period for an SNPRM that was published on May 20, 2011. In that document, the FAA proposed to amend the regulations for crewmember and aircraft dispatcher training programs in domestic, flag, and supplemental operations. This extension is a result of requests for extension of the comment period. One request for extension was from the Air Transport Association of America, Cargo Airline Association, Air Carrier Association of America, Regional Airline Association, National Air Carrier Association, Boeing Company, and Airbus Americas. The second request for extension was from the Air Line Pilots Association. The third request for extension was from the International Air Transport Association.

The Board is publishing for public comment a proposed rule amending Regulation B (Equal Credit Opportunity). Section 704B of the Equal Credit Opportunity Act (ECOA), as added by Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act or Act), requires that financial institutions collect and report information concerning credit applications made by women- or minority- owned businesses and by small businesses. ECOA Section 704B becomes effective on the date that rulemaking authority for ECOA is transferred to the Consumer Financial Protection Bureau (CFPB), which is July 21, 2011. Although the CFPB will have the authority to issue rules to implement ECOA Section 704B for most entities, the Board retains authority to issue rules for certain motor vehicle dealers. This proposed rule excepts motor vehicle dealers that are subject to the Board's jurisdiction from the requirements of ECOA Section 704B temporarily, until the effective date of final rules that will be issued by the Board to implement that provision.

EPA is taking final action to approve three revisions to the South Carolina State Implementation Plan (SIP), submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC), to EPA on December 2, 2010, (for parallel processing) and April 14, 2009, and March 16, 2011. South Carolina provided the final version of the December 2, 2010, parallel processing submittal on March 16, 2011. The SIP revisions approved by this action incorporate updates to South Carolina's air quality regulations under South Carolina's New Source Review (NSR) Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) programs. First, the revisions incorporate a PSD permitting requirement promulgated in the 1997 8-Hour Ozone National Ambient Air Quality Standards (NAAQS) Implementation Rule NSR Update Phase II (hereafter referred to as the ``Ozone Implementation NSR Update or ``Phase II Rule''). Second, the revisions incorporate NSR provisions relating to the fine particulate matter (PM2.5) NAAQS as amended in EPA's 2008 NSR PM2.5 Implementation Rule (hereafter referred to as the ``NSR PM2.5 Rule''). Third, the revisions incorporate NNSR requirements for calculating emissions reductions that will be used as emission offsets and ensures that those reductions are surplus to other federal requirements. As a result of the third revision, EPA also is taking final action to convert its conditional approval of South Carolina's NNSR permitting program to full approval. EPA is approving South Carolina's March 16, 2011, and April 14, 2009, SIP revisions because they are in accordance with the Clean Air Act (CAA or Act). Additionally, EPA is responding to adverse comments received on EPA's March 15, 2011, proposed approval of South Carolina's December 2, 2010, proposed SIP revision.

The U.S. Office of Personnel Management (OPM) is issuing an interim final regulation amending the Federal Employees Health Benefits (FEHB) regulations and also the Federal Employees Health Benefits Acquisition Regulation (FEHBAR). This interim final regulation replaces the procedure by which premiums for community rated FEHB carriers are compared with the rates charged to a carrier's similarly sized subscriber groups (SSSGs). This new procedure utilizes a medical loss ratio (MLR) threshold, analogous to that defined in both the Affordable Care Act (ACA, Pub. L. 111-148) and the Department of Health and Human Services (HHS) interim final regulation published December 1, 2010 (75 FR 74864). The purpose of this interim final rule is to replace the outdated SSSG methodology with a more modern and transparent calculation while still ensuring that the FEHB is receiving a fair rate. This will result in a more streamlined process for plans and increased competition and plan choice for enrollees. The new process will apply to all community rated plans, except those under traditional community rating (TCR). This new process will be phased in over two years, with optional participation for non-TCR plans in the first year.