July 2011 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) Region 6 is issuing a Notice of Intent to Delete the Palmer Barge Line (PBL) Superfund Site located in Port Arthur, Texas, 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 Texas, through the Texas Commission on Environmental Quality, have determined that all appropriate response actions at these identified parcels under CERCLA, other than Five-Year Reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) Region 6 is publishing a direct final Notice of Deletion of the State Marine of Port Arthur (SMPA) Superfund Site located in Port Arthur, Texas (Jefferson County), 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 Texas, through the Texas Commission on Environmental Quality, because EPA has determined that all appropriate response actions at these identified parcels under CERCLA, other than Five-Year Reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

The U.S. Department of Energy (DOE or the Department) is giving notice that it intends to establish a negotiated rulemaking subcommittee under ERAC in accordance with the Federal Advisory Committee Act (FACA) and the Negotiated Rulemaking Act (NRA) to negotiate proposed Federal standards for the energy efficiency of liquid immersed and medium voltage dry-type distribution transformers. The purpose of the subcommittee will be to discuss and, if possible, reach consensus on a proposed rule for the energy efficiency of distribution transformers, as authorized by the Energy Policy and Conservation Act (EPCA) of 1975, as amended. The subcommittee will consist of representatives of parties having a defined stake in the outcome of the proposed standards, and will consult as appropriate with a range of experts on technical issues.

The United States Department of Agriculture's (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA) is amending the regulations issued under the United States Grain Standards Act (USGSA) to make permanent a waiver due to expire on July 31, 2012, for high quality specialty grain exported in containers from the mandatory inspection and weighing requirements of the USGSA. GIPSA also has determined that making the export inspection and weighing waiver permanent will advance the objectives of the USGSA.

On March 25, 2009, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 74 FR 12804. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Livingston County, Kentucky, and Incorporated Areas. Specifically, it addresses the following flooding sources: Bayou Creek (backwater effects from Ohio River), Bayou Creek Tributary 20 (backwater effects from Ohio River), Bissell Creek (backwater effects from Ohio River), Buck Creek (backwater effects from Ohio River), Claylick Creek (backwater effects from Ohio River), Cooper Creek (backwater effects from Tennessee River), Cumberland River (backwater effects from Ohio River), Cypress Creek (backwater effects from Ohio River), Deer Creek (backwater effects from Ohio River), Dry Branch (backwater effects from Tennessee River), Dry Fork (backwater effects from Ohio River), Dyer Hill Creek (backwater effects from Ohio River), Ferguson Creek (backwater effects from Ohio River), Givens Creek (backwater effects from Ohio River), Guess Creek (backwater effects from Tennessee River), Guess Creek Tributary 9 (backwater effects from Tennessee River), Hickory Creek (backwater effects from Ohio River), Jones Creek (backwater effects from Tennessee River), Kentucky Lake, Lake Barkley, Lee Creek (backwater effects from Tennessee River), McCormick Creek (backwater effects from Ohio River), McGilligan Creek (backwater effects from Ohio River), Ohio River, Phelps Creek (backwater effects from Ohio River), Phelps Creek Tributary 2 (backwater effects from Ohio River), Sandy Creek (backwater effects from Ohio River), Smith Creek (backwater effects from Ohio River), Snglin Creek (backwater effects from Ohio River), Sugar Creek (backwater effects from Ohio River), Sugarcamp Creek (backwater effects from Ohio River), Sugarcamp Creek Tributary 3 (backwater effects from Ohio River), the Tennessee River, and Turkey Creek (backwater effects from Ohio River).

This document responds to petitions for reconsideration of a final rule issued by this agency on June 14, 2010. This final rule amended the electrical shock protection requirements to facilitate the development and introduction of fuel cell vehicles (a type of electric- powered vehicle) and the next generation of hybrid and battery electric powered vehicles. This document addresses issues raised in the petitions for reconsideration relating to the scope and applicability of the standard, the definitions in the standard, the retention requirements for electric energy storage/conversion systems, the electrical isolation requirements, the test specifications and requirements for electrical isolation monitoring, the state-of-charge of electric energy storage devices prior to the crash tests, a proposed protective barrier compliance option for electrical safety, the use of alternative gas to crash test hydrogen fuel cell vehicles, and a proposed low-energy compliance option for electrical safety.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Blynman (SR127) Bridge across the Blynman Canal, mile 0.0, at Gloucester, Massachusetts. This deviation is necessary to facilitate the 2011 Gloucester Fisherman Triathlon. The deviation allows the bridge to remain in the closed position during this public event.

This final rule removes PBGC's regulation on Disclosure to Participants. The regulation is obsolete as a result of the Pension Protection Act of 2006. Prior to the effective date of the statutory change, section 4011 of ERISA required certain underfunded plans to notify participants of plan funding status and the limits on the Pension Benefit Guaranty Corporation's guarantee. The Pension Protection Act of 2006 repealed section 4011 for plan years beginning after 2006 and replaced the disclosure requirement under that section with a disclosure requirement under Title I of ERISA. This rule is consistent with Executive Order 13563 on Improving Regulation and Regulatory Review.

In this document, the Commission considers how the recently enacted Local Community Radio Act (``LCRA'') will impact future LPFM and translator station licensing. Section 5 of the Act requires the Commission to ensure that: Licenses are available for both LPFM and translator stations; licensing decisions are based on community needs; and translator and LPFM stations remain equal in status. The item tentatively finds that a previously adopted cap on translator applications is inconsistent with the LCRA's directives. It considers three alternate processing schemes, and tentatively concludes that a market-specific processing policy would most faithfully implement section 5's directives. The item sets forth proposed LPFM channel floors for the top 150 markets, and proposes to dismiss all translator applications in markets where the number of available LPFM channels is below the channel floor. The item also considers whether the Commission should take additional steps to prevent the trafficking of translator construction permits, and whether translators from Auction No. 83 should be allowed to rebroadcast the signals of AM stations at night.

This action proposes to revise Class E airspace at Northway AK. The amendment of one standard instrument approach procedure at the Northway Airport has made this action necessary to enhance safety and management of Instrument Flight Rules (IFR) operations.

This action proposes to establish Class E Airspace at Nahunta, GA to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures serving the Brantley County Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System.

EPA is taking direct final action to determine that the Harrisburg-Lebanon-Carlisle (Harrisburg), Johnstown, Lancaster, York, and Reading fine particle (PM2.5) nonattainment areas (the Areas) in the Commonwealth of Pennsylvania have attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. These determinations are based upon complete, quality assured, and certified ambient air monitoring data that show the Areas monitored attainment of the 1997 annual PM2.5 NAAQS for the 2007-2009 monitoring period. EPA is finding these Areas to be in attainment in accordance with the requirements of the Clean Air Act (CAA).

FinCEN is issuing this final rule to amend the Bank Secrecy Act (``BSA'') regulations applicable to Money Services Businesses (``MSB'') with regard to stored value. More specifically, this final rule amends the regulations by: renaming ``stored value'' as ``prepaid access'' and defining that term; deleting the terms ``issuer'' and ``redeemer'' of stored value; imposing suspicious activity reporting, customer information and transaction information recordkeeping requirements on both providers and sellers of prepaid access, and, additionally, a registration requirement on providers only; and exempting certain categories of prepaid access products and services posing lower risks of money laundering and terrorist financing from certain requirements. These changes address regulatory gaps that have resulted from the proliferation of prepaid innovations over the last twelve years and their increasing use as an accepted payment method.

New passenger vehicles manufactured on or after September 1, 2007 must be labeled with safety rating information published by the National Highway Traffic Safety Administration (NHTSA) under its New Car Assessment Program (NCAP). This information is required by statute to be part of the Monroney (automobile price sticker) label. Effective beginning in model year 2011 passenger vehicles, NHTSA enhanced the NCAP ratings program to include, among other things, the incorporation of an overall vehicle score that is derived from the vehicle's frontal crash, side crash, and rollover resistance ratings. This final rule amends NHTSA's regulation on vehicle labeling of safety rating information to reflect the enhanced NCAP ratings program.

Amendment 93 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) would amend the Bering Sea and Aleutian Islands Amendment 80 Program to modify the criteria for forming and participating in a harvesting cooperative. This action is necessary to encourage greater participation in harvesting cooperatives, which enable members to more efficiently target species, avoid areas with undesirable bycatch, and improve the quality of products produced. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan, and other applicable law.

The Department of State is amending the International Traffic in Arms Regulations (ITAR) to change the method of payment to electronic submission of registration fees. The institution of the electronic submission of registration fees will simplify the collection and verification of payments, eliminate the need to manually process and collect returned payments, and eliminate the possibility of lost payments. Definitions for ``Foreign Ownership'' and ``Foreign Control'' are also added.

This action withdraws a notice of proposed rulemaking (NPRM) that proposed an airworthiness directive (AD) supersedure, applicable to Honeywell International Inc. TPE331-10 and TPE331-11 series turboprop engines. That action would have required adding 360 first stage turbine disk serial numbers (S/Ns) to the applicability. Since we issued that NPRM, we decided not to supersede AD 2009-17-05, but instead to issue a new NPRM for those additional 360 parts. Accordingly, we withdraw the proposed rule.

On October 27, 2009, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 74 FR 55168. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Peoria County, Illinois, and Incorporated Areas. Specifically, it addresses the following flooding sources: Dry Run Creek, Illinois River, and Kickapoo Creek.

The Bureau of Consumer Financial Protection (``CFPB'' or ``Bureau''), pursuant to the Consumer Financial Protection Act of 2010, is adopting its Rules Relating to Investigations in order to describe the Bureau's procedures for investigations pursuant to section 1052 of the Act. The Bureau invites interested members of the public to submit written comments to this interim final rule setting forth those rules.

Section 1053(e) of the Consumer Financial Protection Act of 2010 requires the Bureau of Consumer Financial Protection (``CFPB'' or ``Bureau'') to prescribe rules establishing procedures for the conduct of adjudication proceedings conducted pursuant to section 1053. This interim final rule with a request for public comment sets forth those rules.

EPA is making an interim final determination to defer imposition of sanctions based on a proposed determination, published elsewhere in this Federal Register, that the State of California has submitted a rule that satisfies the requirements of Clean Air Act (CAA) Section 185 fee program.

The U.S. Office of Personnel Management is proposing to revise its regulations on agencies' use of appropriated funds to provide child care subsidies for lower-income civilian employees, to make the regulations clearer and more concise. It also would make certain technical corrections, and substantive changes including in the definition of ``child'' for purposes of the subpart. The proposed regulations also clarify the scope of regulations concerning alcohol and drug abuse counseling programs for employees and expand the regulations to extend coverage to domestic partners of Federal employees.

The U.S. Office of Personnel Management (OPM) is issuing proposed regulations to clarify that an employee's same-sex domestic partner qualifies, and should be treated as, a family member for purposes of eligibility for noncompetitive appointment based on overseas employment, as provided in section 315.608 of title 5, Code of Federal Regulations. These regulations implement, in part, a June 2, 2010, Presidential Memorandum by providing same-sex domestic partners with the same employment opportunities that opposite-sex spouses of Federal employees receive under 5 CFR 315.608.

This action modifies Class E airspace at Alturas Municipal Airport, Alturas, CA. Controlled airspace is necessary to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Alturas Municipal Airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.