August 3, 2011 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2011-08-03-ReaderAids
Type: Reader Aids
Date: 2011-08-03
Business Conduct Standards for Security-Based Swap Dealers and Major Security-Based Swap Participants
Document Number: C1-2011-16758
Type: Proposed Rule
Date: 2011-08-03
Agency: Securities and Exchange Commission, Agencies and Commissions
National Eye Institute; Notice of Closed Meetings
Document Number: 2011-19700
Type: Notice
Date: 2011-08-03
Agency: Department of Health and Human Services, National Institutes of Health
General Services Administration Acquisition Regulation; Submission for OMB Review; Sealed Bidding
Document Number: 2011-19699
Type: Notice
Date: 2011-08-03
Agency: General Services Administration, Agencies and Commissions
Under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35), the Regulatory Secretariat (MVCB) will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding sealed bidding. Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate and based on valid assumptions and methodology; and ways to enhance the quality, utility, and clarity of the information to be collected.
National Institute on Aging; Notice of Meeting
Document Number: 2011-19698
Type: Notice
Date: 2011-08-03
Agency: Department of Health and Human Services, National Institutes of Health
Notice of Utah Adoption by Reference of the Pesticide Container Containment Rule
Document Number: 2011-19697
Type: Notice
Date: 2011-08-03
Agency: Environmental Protection Agency
This notice is provided to formally acknowledge the State of Utah's adoption by reference of the federal Pesticide Container Containment (PCC) Rule regulations. In accordance with State of Utah Agricultural Code, the Utah Department of Agriculture and Food adopted the applicable portions of 40 CFR part 152, subpart A, Sec. 152.3, and Part 165, subparts A through E. The State did not request any modification to the federal PCC rules, and with this notice, the EPA Region 8, is formally announcing the adoption by reference with no modifications.
Cross-Media Electronic Reporting: Authorized Program Revision Approvals, Commonwealth of Kentucky
Document Number: 2011-19696
Type: Notice
Date: 2011-08-03
Agency: Environmental Protection Agency
This notice announces EPA's approval of the Commonwealth of Kentucky's request to revise certain of its EPA-authorized programs to allow electronic reporting.
Center for Scientific Review; Notice of Closed Meeting
Document Number: 2011-19695
Type: Notice
Date: 2011-08-03
Agency: Department of Health and Human Services, National Institutes of Health
National Institute of Environmental Health Sciences; Notice of Meeting
Document Number: 2011-19693
Type: Notice
Date: 2011-08-03
Agency: Department of Health and Human Services, National Institutes of Health
Butylate; Registration Review Proposed Decision; Notice of Availability
Document Number: 2011-19691
Type: Notice
Date: 2011-08-03
Agency: Environmental Protection Agency
This notice announces the availability of EPA's proposed registration review decision for the pesticide butylate and opens a public comment period on the proposed decision. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.
Center for Scientific Review; Notice of Closed Meeting
Document Number: 2011-19688
Type: Notice
Date: 2011-08-03
Agency: Department of Health and Human Services, National Institutes of Health
Modification of the Expiration Date for the National Pollutant Discharge Elimination System General Permit for Stormwater Discharges From Construction Activities on Tribal Lands Within the Southeastern United States
Document Number: 2011-19687
Type: Notice
Date: 2011-08-03
Agency: Environmental Protection Agency
EPA Region 4 is modifying the expiration date of the National Pollutant Discharge Elimination System (NPDES) general permit authorizing the discharge of stormwater from construction activities on Tribal Lands within the states of Alabama, Florida, Mississippi and North Carolina. This modification will extend the NPDES construction general permit (CGP), hereinafter referred to as ``the Region 4 CGP,'' so that it expires on September 1, 2012 instead of August 31, 2011. The purpose of extending the expiration date is to ensure that there is no lapse in permit coverage prior to the effective date of the issuance of a new permit, hereinafter referred to as ``the new National CGP,'' which was proposed as draft for public review and comment on April 25, 2011. The Region 4 CGP was issued on September 1, 2009, and the modification of the expiration date makes it a three-year permit. By Federal law, no NPDES permit may be issued for a period that exceeds five years. The extension complies with this restriction.
Requirements for Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient Protection and Affordable Care Act
Document Number: 2011-19685
Type: Proposed Rule
Date: 2011-08-03
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
Elsewhere in this issue of the Federal Register, the IRS is issuing an amendment to temporary regulations published July 19, 2010, under the provisions of the Patient Protection and Affordable Care Act (the Affordable Care Act) relating to coverage of preventive services without any participant cost sharing. The IRS is issuing the temporary regulations at the same time that the Employee Benefits Security Administration of the U.S. Department of Labor and the Center for Consumer Information & Insurance Oversight of the U.S. Department of Health and Human Services are issuing a substantially similar amendment to interim final regulations published July 19, 2010 with respect to group health plans and health insurance coverage offered in connection with a group health plan under the Employee Retirement Income Security Act of 1974 and the Public Health Service Act. The temporary regulations provide guidance to employers, group health plans, and health insurance issuers providing group health insurance coverage. The text of those temporary regulations also serves as the text of these proposed regulations.
Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient Protection and Affordable Care Act
Document Number: 2011-19684
Type: Rule
Date: 2011-08-03
Agency: Employee Benefits Security Administration, Department of Labor, Department of Health and Human Services, Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains amendments to the interim final regulations implementing the rules for group health plans and health insurance coverage in the group and individual markets under provisions of the Patient Protection and Affordable Care Act regarding preventive health services.
Notice of Proposed Information Collection Requests
Document Number: 2011-19683
Type: Notice
Date: 2011-08-03
Agency: Department of Education
The Department of Education (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public and helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Compatibility of Underground Storage Tank Systems With Biofuel Blends; Correction
Document Number: 2011-19682
Type: Notice
Date: 2011-08-03
Agency: Environmental Protection Agency
This document contains a typographical correction to the guidance which was published in the Federal Register of Tuesday, July 5, 2011. The guidance described how owners and operators of underground storage tanks (USTs) can demonstrate compliance with the Federal compatibility requirement for UST systems storing gasoline greater than 10 percent ethanol or diesel containing greater than 20 percent biodiesel. That guidance contained a typographical error which this action corrects. The complete, corrected version of the guidance can be found on EPA's Web site.
New York State Prohibition of Discharges of Vessel Sewage; Receipt of Petition and Tentative Affirmative Determination
Document Number: 2011-19681
Type: Notice
Date: 2011-08-03
Agency: Environmental Protection Agency
Notice is hereby given that, pursuant to Clean Water Act, Section 312(f)(3) (33 U.S.C. 1322(f)(3)), the State of New York has determined that the protection and enhancement of the quality of the Jamaica Bay in the New York City metropolitan area requires greater environmental protection, and has petitioned the United States Environmental Protection Agency, Region 2, for a determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for those waters, so that the State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters. The New York State Department of Conservation (NYSDEC) on behalf of the New York City Department of Environmental Protection (NYCDEP) has proposed to establish a Vessel Waste No-Discharge Zone (NDZ) for the Jamaica Bay that covers an area of approximately 20,000 acres (17,177 acres of open water and 2,695 acres of upland islands and salt marshes). It is bounded on the west and northwest by Brooklyn, on the north and northeast by Queens. The northeastern and southeastern corners of the Bay are bordered by Nassau County. The northern shore of the Rockaway Peninsula, a part of Queens, forms the southern boundary. The Bay is connected to the Atlantic Ocean through the Rockaway Inlet and has a tidal range of approximately 5 to 6 feet. It measures approximately 10 miles at its widest point east to west and approximately 4 miles at its widest point north to south. The mean depth of the Bay is approximately 13 feet with maximum depths reaching 30 to 50 feet in navigation channels and borrows pit areas. Eight tributaries empty into Jamaica BaySheepshead Bay, Paerdegat Basin, Fresh Creek, Hendrix Creek, Spring Creek, Shellbank Basin, Bergen Basin, and Thurston Basin.
Open Meeting of the Taxpayer Advocacy Panel Small Business/Self Employed Correspondence Exam Practitioner Engagement Project Committee
Document Number: 2011-19680
Type: Notice
Date: 2011-08-03
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
An open meeting of the Taxpayer Advocacy Panel Small Business/ Self Employed Correspondence Exam Practitioner Engagement 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.
Open Meeting of the Taxpayer Advocacy Panel Small Business/Self Employed Correspondence Exam Toll Free Project Committee
Document Number: 2011-19679
Type: Notice
Date: 2011-08-03
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
An open meeting of the Taxpayer Advocacy Panel Small Business/ Self Employed Correspondence Exam Toll Free 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.
Quarterly Publication of Individuals, Who Have Chosen To Expatriate, as Required by Section 6039G
Document Number: 2011-19677
Type: Notice
Date: 2011-08-03
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This notice is provided in accordance with IRC section 6039G, as amended, by the Health Insurance Portability and Accountability Act (HIPPA) of 1996. This listing contains the name of each individual losing their United States citizenship (within the meaning of section 877(a) or 877A) with respect to whom the Secretary received information during the quarter ending June 30, 2011.
Endangered and Threatened Wildlife and Plants; Removal of Echinacea tennesseensis (Tennessee Purple Coneflower) From the Federal List of Endangered and Threatened Plants
Document Number: 2011-19674
Type: Rule
Date: 2011-08-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service or USFWS), are removing the plant Echinacea tennesseensis (commonly referred to as Tennessee purple coneflower) from the List of Endangered and Threatened Plants. This action is based on a thorough review of the best scientific and commercial data available, which indicate that this species has recovered and no longer meets the definition of threatened or endangered under the Endangered Species Act of 1973, as amended (Act). Our review of the status of this species shows that populations are stable, threats are addressed, and adequate regulatory mechanisms are in place so that the species is not currently, and is not likely to again become, an endangered species within the foreseeable future in all or a significant portion of its range. Finally, we announce the availability of the final post-delisting monitoring plan for E. tennesseensis.
Mail Classification Schedule Change
Document Number: 2011-19669
Type: Notice
Date: 2011-08-03
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is noticing a recently-filed Postal Service request regarding classification changes to Priority Mail packaging. This document invites public comments on the request and addresses several related procedural steps.
Agenda and Notice of Public Meeting of the New Jersey Advisory Committee to the U.S. Commission on Civil Rights
Document Number: 2011-19668
Type: Notice
Date: 2011-08-03
Agency: Commission on Civil Rights, Civil Rights Commission, Agencies and Commissions
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Control Date for Commercial Wreckfish Sector
Document Number: 2011-19667
Type: Proposed Rule
Date: 2011-08-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that it is establishing a new control date of March 11, 2011, to control future access to the commercial wreckfish sector of the snapper-grouper fishery operating in the exclusive economic zone (EEZ) of the South Atlantic. If changes to the management regime are developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), a control date could be used to limit the number of participants in this commercial sector. This announcement is intended, in part, to promote awareness of the potential eligibility criteria for future access so as to discourage speculative entry into this sector while the South Atlantic Fishery Management Council (Council) and NMFS consider whether and how access to the commercial wreckfish sector should be controlled.
Takes of Marine Mammals Incidental to Specified Activities; Seabird and Pinniped Research Activities in Central California, 2011-2012
Document Number: 2011-19666
Type: Notice
Date: 2011-08-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to PRBO Conservation Science (PRBO), to take marine mammals, by Level B harassment, incidental to conducting seabird and pinniped research activities on Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National Seashore in central California.
Western Pacific Bottomfish and Seamount Groundfish Fisheries; 2011-12 Main Hawaiian Islands Deep 7 Bottomfish Annual Catch Limits and Accountability Measures
Document Number: 2011-19665
Type: Proposed Rule
Date: 2011-08-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to specify a quota (annual catch target, ACT) of 325,000 lb (147,418 kg) of Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2011-12 fishing year, based on a proposed annual catch limit (ACL) of 346,000 lb (156,943 kg). When the fishery is projected to reach the quota, NMFS would close, as an accountability measure, the commercial and non-commercial fisheries for MHI Deep 7 bottomfish for the remainder of the fishing year. The proposed specifications and fishery closure support the long-term sustainability of Hawaii bottomfish.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, CA
Document Number: 2011-19664
Type: Notice
Date: 2011-08-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received a request from the Monterey Bay National Marine Sanctuary (MBNMS or sanctuary) for authorization to take small numbers of marine mammals incidental to permitting professional fireworks displays within the sanctuary in California waters, over the course of five years, from July 4, 2012 to July 3, 2017. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of MBNMS's request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on MBNMS's application and request.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Shallow Hazards Survey in the Chukchi Sea, Alaska
Document Number: 2011-19663
Type: Notice
Date: 2011-08-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Statoil USA E&P Inc. (Statoil) to take, by harassment, small numbers of 13 species of marine mammals incidental to shallow hazards and geotechnical surveys in the Chukchi Sea, Alaska, during the 2011 Arctic open-water season.
Strategic Environmental Research and Development Program (SERDP), Scientific Advisory Board
Document Number: 2011-19662
Type: Notice
Date: 2011-08-03
Agency: Office of the Secretary, Department of Defense
This Notice is published in accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463). The topic of the meeting on September 14, 2011 is to review new start research and development projects related to the Munitions Response and Resource Conservation and Climate Change program areas. These projects are requesting Strategic Environmental Research and Development Program funds in excess of $1M. This meeting is open to the public. Any interested person may attend, appear before, or file statements with the Scientific Advisory Board at the time and in the manner permitted by the Board.
Agency Information Collection Activity Under OMB Review
Document Number: 2011-19660
Type: Notice
Date: 2011-08-03
Agency: Federal Transit Administration, Department of Transportation
The Federal Transit Administration invites public comment about our intention to request the Office of Management and Budget's (OMB) approval to renew the following information collection:
National Organic Program (NOP); Sunset Review (2011)
Document Number: 2011-19659
Type: Rule
Date: 2011-08-03
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule addresses recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on November 5, 2009, and April 29, 2010. The recommendations addressed in this final rule pertain to the continued exemption (use) of 12 substances in organic production and handling. Consistent with the recommendations from the NOSB, this final rule continues the exemption (use) of 12 substances (along with any restrictive annotations) on the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List).
Agency Information Collection Activity Under OMB Review
Document Number: 2011-19658
Type: Notice
Date: 2011-08-03
Agency: Federal Transit Administration, Department of Transportation
The Federal Transit Administration invites public comment about our intention to request the Office of Management and Budget's (OMB) approval for the following new information collection:
Notice of Lodging of Consent Decree Under the Clean Air Act
Document Number: 2011-19657
Type: Notice
Date: 2011-08-03
Agency: Department of Justice
Notice of Proposed Class II Reinstatement of Terminated Oil and Gas Leases, Utah
Document Number: 2011-19656
Type: Notice
Date: 2011-08-03
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
In accordance with Title IV of the Federal Oil and Gas Royalty Management Act (Pub. L. 97-451), Delta Petroleum Corporation and Wapiti Oil and Gas LLC timely filed a petition for reinstatement of oil and gas leases UTU-85226 and UTU-85230 lands in Uintah County, Utah, and it was accompanied by all required rentals and royalties accruing from February 1, 2011, the date of termination.
Sweet Cherries Grown in Designated Counties in Washington; Continuance Referendum
Document Number: 2011-19654
Type: Proposed Rule
Date: 2011-08-03
Agency: Agricultural Marketing Service, Department of Agriculture
This document directs that a referendum be conducted among eligible Washington sweet cherry growers to determine whether they favor continuance of the marketing order regulating the handling of sweet cherries grown in designated counties in Washington.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease NDM 95192
Document Number: 2011-19653
Type: Notice
Date: 2011-08-03
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
Per 30 U.S.C. 188(d), Sinclair Oil Corporation and Missouri River Royalty Corporation timely filed a petition for reinstatement of competitive oil and gas lease NDM 95192, McKenzie County, North Dakota. The lessees paid the required rental accruing from the date of termination. No leases were issued that affect these lands. The lessees agree to new lease terms for rentals and royalties of $10 per acre and 16\2/3\ percent. The lessees paid the $500 administration fee for the reinstatement of the lease and $163 cost for publishing this Notice. The lessees met the requirements for reinstatement of the lease per Sec. 31(d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate the lease, effective the date of termination subject to: The original terms and conditions of the lease; The increased rental of $10 per acre; The increased royalty of 16\2/3\ percent; and The $163 cost of publishing this Notice.
Revision to Form No. 6
Document Number: 2011-19652
Type: Proposed Rule
Date: 2011-08-03
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission (Commission) proposes to amend the instructions on page 700 of FERC Form No. 6 (Form 6) to ensure that pipelines report interstate-only barrel and barrel-mile data and not a combination of interstate and intrastate throughput. The Commission also proposes to direct pipelines that reported combined interstate and intrastate data on lines (1) through (12) of page 700 of their 2010 Form 6 to file a revised page 700 containing only interstate data for the years 2009 and 2010.
Medicare Program; Evaluation Criteria and Standards for Quality Improvement Program Contracts (10th Statement of Work)
Document Number: 2011-19650
Type: Notice
Date: 2011-08-03
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This notice with comment period describes the general criteria we intend to use to evaluate the effectiveness and efficiency of Quality Improvement Organizations (QIOs) that will enter into contracts with CMS under the 10th Statement of Work (SOW) on August 1, 2011. The evaluation of a QIOs' performance related to their SOW will be based on evaluation criteria specified for the aims, drivers, tasks, and subtasks set forth in section J-10 of the QIOs' 10th SOW.
Biomass Research and Development Technical Advisory Committee
Document Number: 2011-19649
Type: Notice
Date: 2011-08-03
Agency: Department of Energy, Energy Efficiency and Renewable Energy, Energy Efficiency and Renewable Energy Office
This notice announces an open meeting of the Biomass Research and Development Technical Advisory Committee under Section 9008(d) of the Food, Conservation, and Energy Act of 2008. The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that agencies publish these notices in the Federal Register to allow for public participation. This notice announces the meeting of the Biomass Research and Development Technical Advisory Committee.
Designation of Six Individuals Pursuant to Executive Order 13224
Document Number: 2011-19643
Type: Notice
Date: 2011-08-03
Agency: Department of the Treasury, Office of Foreign Assets Control, Foreign Assets Control Office, Department of Treasury
The Treasury Department's Office of Foreign Assets Control (``OFAC'') is publishing the names of six newly-designated individuals whose property and interests in property are blocked pursuant to Executive Order 13224 of September 23, 2001, ``Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism.''
Agency Information Collection Activities: Notice of Submission for OMB Review; Comment Request
Document Number: 2011-19642
Type: Notice
Date: 2011-08-03
Agency: Equal Employment Opportunity Commission, Agencies and Commissions
In accordance with the Paperwork Reduction Act of 1995, the Equal Employment Opportunity Commission gives notice of its intent to submit to the Office of Management and Budget (OMB) a request for renewal of the information collection described below.
Notice of Final Federal Agency Actions on Proposed Highway in Alaska
Document Number: 2011-19641
Type: Notice
Date: 2011-08-03
Agency: Federal Highway Administration, Department of Transportation
This notice announces actions taken by the FHWA that are final within the meaning of 23 U.S.C. 139(l)(1). The action relates to a proposed highway project in Hyder, State of Alaska. Those actions grant approval for the project.
Privacy Act of 1974; System of Records
Document Number: 2011-19640
Type: Notice
Date: 2011-08-03
Agency: Department of Defense, Department of the Army, Army Department
The Department of the Army proposes to add a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.