August 8, 2011 – Federal Register Recent Federal Regulation Documents

Airworthiness Directives; Diamond Aircraft Industries Powered Sailplanes
Document Number: 2011-20038
Type: Proposed Rule
Date: 2011-08-08
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for Diamond Aircraft Industries Model H-36 ``DIMONA'' powered sailplanes. 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:
Airworthiness Directives; Costruzioni Aeronautiche Tecnam srl Model P2006T Airplanes
Document Number: 2011-20037
Type: Proposed Rule
Date: 2011-08-08
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:
Public Hearing for Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Sulfur
Document Number: 2011-20029
Type: Proposed Rule
Date: 2011-08-08
Agency: Environmental Protection Agency
The EPA is announcing a public hearing to be held for the proposed rule titled ``Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Sulfur'' which was published in the Federal Register on August 1, 2011. The hearing will be held in Arlington, Virginia on Thursday, August 25, 2011.
Amendment to the International Traffic in Arms Regulations: Updates to Country Policies, and Other Changes
Document Number: 2011-20028
Type: Rule
Date: 2011-08-08
Agency: Department of State
The Department of State is amending the International Traffic in Arms Regulations (ITAR) to update country policies regarding Afghanistan, C[ocirc]te d'Ivoire, Cyprus, the Democratic Republic of the Congo, Eritrea, Fiji, Iraq, Lebanon, Liberia, North Korea, Sierra Leone, Somalia, Sri Lanka, Yemen, and Zimbabwe, and to correct administrative and typographical errors.
Cobalt Lithium Manganese Nickel Oxide; Significant New Use Rule
Document Number: 2011-20021
Type: Rule
Date: 2011-08-08
Agency: Environmental Protection Agency
EPA is issuing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical substance identified as cobalt lithium manganese nickel oxide (CAS No. 182442-95-1), which was the subject of premanufacture notice (PMN) P- 04-269. This action requires persons who intend to manufacture, import, or process the chemical substance for a use that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity. EPA believes that this action is necessary because the chemical substance may be hazardous to human health and the environment. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.
Safety Zone; Allegheny River; Pittsburgh, PA
Document Number: 2011-19997
Type: Rule
Date: 2011-08-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the Allegheny River from mile marker 5.7 to mile marker 5.9 (the parking area on either side of the 13th Street boat ramp), extending 300 feet from the right descending bank. The safety zone is needed to protect the public from the hazards associated with the Guyasuta Days Festival fireworks display. Entry into, movement within, and departure from this temporary safety zone, while it is activated and enforced, is prohibited, unless authorized by the Captain of the Port or a designated representative.
Security Zone; 2011 Seattle Seafair Fleet Week Moving Vessels, Puget Sound, WA; Correction
Document Number: 2011-19995
Type: Rule
Date: 2011-08-08
Agency: Coast Guard, Department of Homeland Security
On July 11, 2011 the Coast Guard published a temporary final rule in the Federal Register (76 FR 40617), establishing temporary security zones around visiting foreign and domestic military vessels that are participating the 2011 Seattle's Seafair Fleet Week. This document corrects the list of visiting military vessels for which the rule will establish security zones.
Regulated Navigation Area, Zidell Waterfront Property, Willamette River, OR
Document Number: 2011-19986
Type: Proposed Rule
Date: 2011-08-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes the establishment of a Regulated Navigation Area (RNA) at the Zidell Waterfront Property located on the Willamette River in Portland, Oregon. This RNA is necessary to preserve the integrity of an engineered sediment cap as part of an Oregon Department of Environmental Quality (DEQ) required remedial action. This proposed RNA will do so by prohibiting activities that could disturb or damage the engineered sediment cap.
Implementation of the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and Changes to Domestic Endorsements
Document Number: 2011-19985
Type: Proposed Rule
Date: 2011-08-08
Agency: Coast Guard, Department of Homeland Security
On August 2, 2011 (76 FR 46217), the Coast Guard published a notice of public meetings and request for comments on a supplemental notice of proposed rulemaking (SNPRM) entitled ``Implementation of the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and Changes to Domestic Endorsements.'' The incorrect publication date of the SNPRM was cited. This notice corrects that error.
Airworthiness Directives; Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model L-1011 Series Airplanes
Document Number: 2011-19968
Type: Proposed Rule
Date: 2011-08-08
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) that applies to Model L-1011-385-1, L-1011-385-1-14, and L-1011- 385-1-15 airplanes. The existing AD currently requires implementation of a Supplemental Inspection Document (SID) program of structural inspections to detect fatigue cracking, and repair, if necessary, to ensure continued airworthiness of these airplanes as they approach the manufacturer's original fatigue design life goal. Since we issued that AD, an evaluation by the manufacturer of usage and flight data provided additional information about certain Structurally Significant Details (SSDs) where fatigue damage is likely to occur. This proposed AD would add airplanes to the applicability, change certain inspection thresholds, add three new SSDs, and remove an SSD that has been addressed by a different AD. We are proposing this AD to prevent fatigue cracking that could compromise the structural integrity of these airplanes.
Effective Date of Requirement for Premarket Approval for Cardiovascular Permanent Pacemaker Electrode
Document Number: 2011-19959
Type: Proposed Rule
Date: 2011-08-08
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is proposing to require the filing of a premarket approval application (PMA) or a notice of completion of a product development protocol (PDP) for the following class III preamendments device: Cardiovascular permanent pacemaker electrode. The Agency is also summarizing its proposed findings regarding the degree of risk of illness or injury designed to be eliminated or reduced by requiring this device to meet the statute's approval requirements and the benefits to the public from the use of the device. In addition, FDA is announcing the opportunity for interested persons to request that the Agency change the classification of the cardiovascular permanent pacemaker electrode based on new information. This action implements certain statutory requirements.
Effective Date of Requirement for Premarket Approval for Cranial Electrotherapy Stimulator
Document Number: 2011-19957
Type: Proposed Rule
Date: 2011-08-08
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is proposing to require the filing of a premarket approval application (PMA) or a notice of completion of a product development protocol (PDP) for the Cranial Electrotherapy Stimulator. The Agency is also summarizing its proposed findings regarding the degree of risk of illness or injury designed to be eliminated or reduced by requiring this device to meet the statute's approval requirements and the benefits to the public from the use of the device. In addition, FDA is announcing the opportunity for interested persons to request that the Agency change the classification of the cranial electrotherapy stimulator based on new information. This action implements certain statutory requirements.
Petition for Approval of Alternate; Odometer Disclosure Requirements
Document Number: 2011-19920
Type: Proposed Rule
Date: 2011-08-08
Agency: National Highway Traffic Safety Administration, Department of Transportation
The State of Florida has petitioned for approval of alternate odometer requirements to certain requirements under Federal odometer law. NHTSA preliminarily grants Florida's petition regarding proposed alternate disclosure requirements for vehicle transfers involving casual or private sales. NHTSA preliminarily denies Florida's petition regarding proposed alternate disclosure requirements for sales involving licensed dealers. NHTSA preliminarily denies Florida's petition regarding proposed alternate disclosure requirements for sales of leased vehicles.
Hazardous Waste Management System: Identification and Listing of Hazardous Waste: Carbon Dioxide (CO2
Document Number: 2011-19915
Type: Proposed Rule
Date: 2011-08-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or the Agency) is proposing to revise the regulations for hazardous waste management under the Resource Conservation and Recovery Act (RCRA) to conditionally exclude carbon dioxide (CO2) streams that are hazardous from the definition of hazardous waste, provided these hazardous CO2 streams are captured from emission sources, are injected into Class VI Underground Injection Control (UIC) wells for purposes of geologic sequestration (GS), and meet certain other conditions. EPA is taking this action because the Agency believes that the management of these CO2 streams under the proposed conditions does not present a substantial risk to human health or the environment, and therefore additional regulation pursuant to RCRA's hazardous waste regulations is unnecessary. EPA expects that this amendment will substantially reduce the uncertainty associated with identifying these CO2 streams under RCRA subtitle C, and will also facilitate the deployment of GS by providing additional regulatory certainty.
Consumer Registration of Durable Infant or Toddler Products
Document Number: 2011-19912
Type: Proposed Rule
Date: 2011-08-08
Agency: Consumer Product Safety Commission, Agencies and Commissions
In accordance with section 104(d) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA'') the Consumer Product Safety Commission (``Commission,'' ``CPSC,'' or ``we'') issued a final consumer product safety rule requiring manufacturers of durable infant or toddler products to establish a consumer registration program. The Commission is proposing an amendment to clarify and correct some of the requirements of the rule.
Hazardous Chemical Reporting: Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II)
Document Number: 2011-19900
Type: Proposed Rule
Date: 2011-08-08
Agency: Environmental Protection Agency
The U.S Environmental Protection Agency (EPA or the Agency) is proposing to revise the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II) under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) to add new data elements and revise some existing data elements.
Approval and Promulgation of Air Quality Implementation Plans; State of California; Interstate Transport of Pollution; Interference With Prevention of Significant Deterioration Requirement
Document Number: 2011-19898
Type: Rule
Date: 2011-08-08
Agency: Environmental Protection Agency
EPA is finalizing a limited approval and limited disapproval of a state implementation plan (SIP) revision submitted by the State of California on November 17, 2007, to address the ``transport SIP'' provisions of Clean Air Act (CAA) section 110(a)(2)(D)(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 SIP contain, among other things, adequate measures prohibiting emissions of air pollutants in amounts which will interfere with any other State's measures required under title I, part C of the CAA to prevent significant deterioration of air quality. EPA is approving California's SIP revision with respect to those Districts that implement SIP- approved permit programs meeting the approval criteria and simultaneously disapproving California's SIP revision with respect to those Districts that do not implement SIP-approved permit programs meeting the approval criteria, as discussed in our May 31, 2011 proposed rule (76 FR 31263).
Limited Federal Implementation Plan; Prevention of Significant Deterioration; California; North Coast Unified Air Quality Management District
Document Number: 2011-19897
Type: Rule
Date: 2011-08-08
Agency: Environmental Protection Agency
EPA is finalizing a limited Federal Implementation Plan (FIP) for the North Coast Unified Air Quality Management District (NCUAQMD) portion of the California State Implementation Plan (SIP). We proposed this action simultaneously with our proposed limited approval and limited disapproval of a SIP revision submitted by California to address the ``transport SIP'' provisions of Clean Air Act (CAA) section 110(a)(2)(D)(i) for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS or standards) and the 1997 fine particulate matter (PM2.5) NAAQS (2007 Transport SIP) (76 FR 31263, May 31, 2011). This limited FIP establishes Federal Prevention of Significant Deterioration (PSD) permitting requirements for nitrogen oxides (NOX) emission sources only in the NCUAQMD.
Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2011-12 Season
Document Number: 2011-19851
Type: Proposed Rule
Date: 2011-08-08
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (hereinafter, Service or we) proposes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2011-12 migratory bird hunting season. This proposed rule responds to Tribal requests for Service recognition of Tribal authority to regulate hunting under established guidelines. This proposed rule would allow the establishment of season bag limits and, thus, harvest, at levels compatible with populations and habitat conditions.
Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices, and Associated Equipment
Document Number: 2011-19595
Type: Rule
Date: 2011-08-08
Agency: National Highway Traffic Safety Administration, Department of Transportation
On December 4, 2007, NHTSA published a final rule that amended the Federal motor vehicle safety standard for lamps, reflective devices, and associated equipment with an effective date of September 1, 2008. In response, the agency received thirteen petitions for reconsideration. The effective date of the final rule was delayed in subsequent notices to December 1, 2012. This document corrects several technical errors in the final rule and completes the agency's response to the issues raised in the submitted petitions for reconsideration.
Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities for FY 2012
Document Number: 2011-19544
Type: Rule
Date: 2011-08-08
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule updates the payment rates used under the prospective payment system for skilled nursing facilities (SNFs) for fiscal year 2012. In addition, it recalibrates the case-mix indexes so that they more accurately reflect parity in expenditures between RUG-IV and the previous case-mix classification system. It also includes a discussion of a Non-Therapy Ancillary component currently under development within CMS. In addition, this final rule discusses the impact of certain provisions of the Affordable Care Act, and reduces the SNF market basket percentage by the multi-factor productivity adjustment. This rule also implements certain changes relating to the payment of group therapy services and implements new resident assessment policies. Finally, this rule announces that the proposed provisions regarding the ownership disclosure requirements set forth in section 6101 of the Affordable Care Act will be finalized at a later date.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2011-19507
Type: Rule
Date: 2011-08-08
Agency: Federal Aviation Administration, Department of Transportation
This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2011-19495
Type: Rule
Date: 2011-08-08
Agency: Federal Aviation Administration, Department of Transportation
This establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals
Document Number: 2011-17600
Type: Rule
Date: 2011-08-08
Agency: Environmental Protection Agency
In this action, EPA is limiting the interstate transport of emissions of nitrogen oxides (NOX) and sulfur dioxide (SO2) that contribute to harmful levels of fine particle matter (PM2.5) and ozone in downwind states. EPA is identifying emissions within 27 states in the eastern United States that significantly affect the ability of downwind states to attain and maintain compliance with the 1997 and 2006 fine particulate matter national ambient air quality standards (NAAQS) and the 1997 ozone NAAQS. Also, EPA is limiting these emissions through Federal Implementation Plans (FIPs) that regulate electric generating units (EGUs) in the 27 states. This action will substantially reduce adverse air quality impacts in downwind states from emissions transported across state lines. In conjunction with other federal and state actions, it will help assure that all but a handful of areas in the eastern part of the country achieve compliance with the current ozone and PM2.5 NAAQS by the deadlines established in the Clean Air Act (CAA or Act). The FIPs may not fully eliminate the prohibited emissions from certain states with respect to the 1997 ozone NAAQS for two remaining downwind areas and EPA is committed to identifying any additional required upwind emission reductions and taking any necessary action in a future rulemaking. In this action, EPA is also modifying its prior approvals of certain State Implementation Plan (SIP) submissions to rescind any statements that the submissions in question satisfy the interstate transport requirements of the CAA or that EPA's approval of the SIPs affects our authority to issue interstate transport FIPs with respect to the 1997 fine particulate and 1997 ozone standards for 22 states. EPA is also issuing a supplemental proposal to request comment on its conclusion that six additional states significantly affect downwind states' ability to attain and maintain compliance with the 1997 ozone NAAQS.
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