August 15, 2011 – Federal Register Recent Federal Regulation Documents

Proposed Flood Elevation Determinations
Document Number: C1-2011-16640
Type: Proposed Rule
Date: 2011-08-15
Agency: Federal Emergency Management Agency, Department of Homeland Security
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Sayreville Landfill Superfund Site
Document Number: 2011-20742
Type: Rule
Date: 2011-08-15
Agency: Environmental Protection Agency
EPA, Region 2, is publishing a direct final Notice of Deletion of the Sayreville Landfill Superfund Site (Site), located in the Borough of Sayreville, Middlesex County, New Jersey, 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 Notice of Deletion is being published by EPA with the concurrence of the State of New Jersey, through the Department of Environmental Protection (NJDEP). EPA and NJDEP have determined that all appropriate remedial actions under CERCLA, other than operation, maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List: Deletion of the Sayreville Landfill Superfund Site
Document Number: 2011-20741
Type: Proposed Rule
Date: 2011-08-15
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA), Region 2 is issuing a Notice of Intent to Delete the Sayreville Landfill Superfund Site (Site) located in Borough of Sayreville, Middlesex County, New Jersey 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 New Jersey, through the New Jersey Department of Environmental Protection, have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.
Class II Gaming Regulation Proposals Submitted by Poarch Band of Creek Indians on Behalf of Tribal Gaming Working Group
Document Number: 2011-20721
Type: Proposed Rule
Date: 2011-08-15
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission (NIGC) is publishing for comment Class II Gaming Regulation Proposals submitted on July 28, 2011 by the Poarch Band of Creek Indians (PBCI) on behalf of the Tribal Gaming Working Group (TGWG). PBCI and TGWG state their proposals were drafted with the intent of ensuring that all controls are covered in the current regulations, while at the same time removing some of the strict procedural steps and tasks not appropriately characterized as standards. PBCI and TGWG also assert that the current regulations are difficult to use and apply due to duplication across multiple sections, dated terminology, and procedures that are obsolete and not reflective of current technology.
Changes in Flood Elevation Determinations
Document Number: 2011-20716
Type: Rule
Date: 2011-08-15
Agency: Federal Emergency Management Agency, Department of Homeland Security
This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.
Proposed Flood Elevation Determinations
Document Number: 2011-20715
Type: Proposed Rule
Date: 2011-08-15
Agency: Federal Emergency Management Agency, Department of Homeland Security
On June 3, 2010, FEMA published in the Federal Register a proposed rule that included an erroneous Base Flood Elevation (BFE) description for Rowell Creek and erroneous BFEs for Sal Taylor Creek Tributary 2 in Duval County, Florida. This notice corrects the errors previously published for Rowell Creek and Sal Taylor Creek Tributary 2 in Duval County, Florida.
Proposed Flood Elevation Determinations
Document Number: 2011-20713
Type: Proposed Rule
Date: 2011-08-15
Agency: Federal Emergency Management Agency, Department of Homeland Security
On June 20, 2008, FEMA published in the Federal Register a proposed rule that contained an erroneous table. FEMA published corrections to that table on September 9, 2008, and on May 12, 2009. This notice provides corrections to that table, to be used in lieu of the information published at 73 FR 35112, at 73 FR 52234, and at 74 FR 22151. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Plymouth County, Massachusetts (All Jurisdictions). Specifically, it addresses the following flooding sources: Aassawompsett Pond, Accord Brook, Atlantic Ocean, Bear Swamp, Doggett Brook, Fall Brook, French Stream, Great Quittacas Pond, Hathaway Pond, Hockomock River, Matfield River, Meadow Brook, Oldham Pond, Rocky Meadow Brook, Salisbury Plain River, Satucket River, Shumatuscacant River, Stream River, Third Herring Brook, Town River, Tributary A, Tributary to Meadow Brook, and Weweantic River.
Changes in Flood Elevation Determinations
Document Number: 2011-20710
Type: Rule
Date: 2011-08-15
Agency: Federal Emergency Management Agency, Department of Homeland Security
Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.
Negotiated Rulemaking Committee on Designation of Medically Underserved Populations and Health Professional Shortage Areas; Notice of Meeting
Document Number: 2011-20690
Type: Proposed Rule
Date: 2011-08-15
Agency: Department of Health and Human Services
In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), notice is hereby given of the following meeting of the Negotiated Rulemaking Committee on Designation of Medically Underserved Populations and Health Professional Shortage Areas.
Fisheries off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Trawl Rationalization Program; Program Improvement and Enhancement; Amendment 21-1
Document Number: 2011-20678
Type: Proposed Rule
Date: 2011-08-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 21-1 to the Pacific Coast Groundfish Fishery Management Plan (FMP) for review by the Secretary of Commerce (Secretary). Amendment 21-1 would further revise the FMP to support the trawl rationalization program, a catch share program, implemented in January 2011 through Amendments 20 and 21. Amendment 21-1 would modify the FMP to clarify that Amendment 21 supersedes the limited entry/open access allocations for groundfish species allocated through Amendment 21. Amendment 21-1 would also revise the formula in the FMP to allocate Pacific halibut bycatch to the limited entry trawl fishery.
Regulatory Guidance: Applicability of the Federal Motor Carrier Safety Regulations to Operators of Certain Farm Vehicles and Off-Road Agricultural Equipment
Document Number: 2011-20663
Type: Rule
Date: 2011-08-15
Agency: Department of Transportation, Federal Motor Carrier Safety Administration
The Federal Motor Carrier Safety Administration (FMCSA) sought public comment on three issues related to the applicability of the Federal Motor Carrier Safety Regulations (FMCSRs) to operators of farm vehicles: first, the interpretation of interstate commerce as it applies to movement of farm products; second, whether farmers operating under share-cropping agreements are common or contract carriers; and third, whether FMCSA should issue new guidance on implements of husbandry. After considering comments from the public, FMCSA has determined that no further guidance is needed on interpreting interstate commerce and implements of husbandry. FMCSA is issuing guidance that farmers operating under share-cropping or similar arrangements are not common or contract carriers and, therefore, are eligible for the CDL exemption if a State elects to adopt the exemption.
Kentucky Regulatory Program
Document Number: 2011-20660
Type: Proposed Rule
Date: 2011-08-15
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We are announcing receipt of a proposed amendment to the Kentucky Regulatory Program (hereinafter, the ``Kentucky program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). On May 10, 2011, Kentucky submitted proposed bonding revisions to the Kentucky Revised Statutes (KRS) as authorized by House Bill 385 (HB 385), which passed during the State's regular 2011 legislative session. HB 385 amends the Kentucky Revised Statutes to require that, as of the effective date of the Act, any determination by the Energy and Environmental Cabinet (EEC) to change a bond requirement or bond amount currently in use will result in a new administrative regulation that includes all bond requirements, including the bond amount; HB 385 also prohibits bond amounts from being instituted as policy. Finally, it requires an administrative regulation that fails to include bond amounts to be declared deficient automatically. This document gives the times and locations that the Kentucky program and this submittal are available for your inspection, the comment period during which you may submit written comments, and the procedures that we will follow for the public hearing, if one is requested.
Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits
Document Number: 2011-20649
Type: Rule
Date: 2011-08-15
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans to prescribe interest assumptions under the regulation for valuation dates in September 2011. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.
International Mail Manual; Incorporation by Reference
Document Number: 2011-20618
Type: Rule
Date: 2011-08-15
Agency: Postal Service, Agencies and Commissions
The Postal Service announces the issuance of the Mailing Standards of the United States Postal Service, International Mail Manual (IMM[supreg]) dated April 17, 2011, updated with Postal Bulletin revisions through June 2, 2011, effective June 6, 2011, and its incorporation by reference in the Code of Federal Regulations.
Folded Self-Mailers and Unenveloped Mailpieces
Document Number: 2011-20615
Type: Proposed Rule
Date: 2011-08-15
Agency: Postal Service, Agencies and Commissions
The Postal Service proposes to revise the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) 201.3.14 to provide standards for creating folded self-mailers (FSM) and other unenveloped mailpieces such as forms, statements, and official notices that will improve processing of these pieces on automated Postal processing equipment.
Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States to the Entity List; and Implementation of Additional Changes From the Annual Review of the Entity List
Document Number: 2011-20602
Type: Rule
Date: 2011-08-15
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) by adding fifteen persons under twenty entries to the Entity List (Supplement No. 4 to Part 744) on the basis of section 744.11 of the EAR. The persons being added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed under the following six destinations on the Entity List: Cyprus, Greece, Iran, Syria, Ukraine, and the United Kingdom (U.K.). In addition, this rule amends the EAR to implement modifications to the Entity List on the basis of the annual review of the Entity List conducted by the End-User Review Committee (ERC), which the ERC conducts to determine if any entities on the Entity List should be removed or modified. This rule implements the results of the annual review for entities located in Syria. Lastly, this rule makes a clarification to an existing entry located in China to clarify the relationship of a listed alias to the existing entry and to provide additional information on the alias.
Service Rules and Policies for the Broadcasting Satellite Service (BSS)
Document Number: 2011-20593
Type: Rule
Date: 2011-08-15
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission adopts rules to mitigate space path interference between the 17/24 GHz Broadcasting-Satellite Service (BSS) space-to-Earth transmissions and the feeder link receiving antennas of Direct Broadcast Satellite Service (DBS) space stations that operate in the same frequency band. We adopt an off-axis power flux density (pfd) coordination trigger for 17/24 GHz BSS space stations. We also require a minimum orbital separation of 0.2 degrees between 17/24 GHz BSS space stations and DBS space stations. We place bounds on orbital eccentricity and inclination of 17/24 GHz BSS space stations and condition the protection of DBS networks to certain assumed limits on eccentricity and inclination. By these actions, we facilitate the introduction of the 17/24 GHz BSS and anticipate that it will provide new and innovative services, including video, audio, data, and video-on-demand, to consumers in the United States and promote increased competition among satellite and terrestrial services. We revised our informational requirements to require 17/24 GHz BSS space station applicants to file pfd calculations (and if the pfd coordination trigger is exceeded, to file coordination information), and to file predicted and measured transmitting antenna off-axis gain information. We also require both 17/24 GHz BSS applicants and DBS applicants to file maximum orbital eccentricity information with their application. Finally, we adopt procedures to enable pending applicants and existing authorization holders to file relevant information related to these rules.
Endangered and Threatened Species; 5-Year Reviews for 5 Evolutionarily Significant Units of Pacific Salmon and 1 Distinct Population Segment of Steelhead in California
Document Number: 2011-20459
Type: Proposed Rule
Date: 2011-08-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the National Marine Fisheries Service (NMFS) Southwest Region, announce the availability of 5-year reviews for five ESUs of Pacific salmon (Oncorhynchus sp.) and one DPS of steelhead (Oncorhynchus mykiss) in California, as required by the ESA. After reviewing the best available scientific and commercial data, our 5-year reviews indicate that these species should remain listed as determined in 2005 and 2006, respectively. Our reviews recommend that the southward extension of boundaries for California Coastal Chinook salmon and Central California Coast coho salmon should be considered. Our 5- year review also recommends that six hatchery stocks should be removed from the California Coastal Chinook salmon ESU because those hatchery programs have been terminated.
Endangered and Threatened Species; 5-Year Reviews for 17 Evolutionarily Significant Units and Distinct Population Segments of Pacific Salmon and Steelhead
Document Number: 2011-20453
Type: Proposed Rule
Date: 2011-08-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS Northwest Region announces the availability of 5-year reviews for 11 evolutionarily significant units (ESUs) of Pacific salmon (Oncorhynchus sp.) and 6 distinct population segments (DPSs) of steelhead (Oncorhynchus mykiss) in Oregon, Washington, and Idaho as required by the Endangered Species Act of 1973, as amended (ESA). The purpose of the reviews was to evaluate whether the listing classifications of these salmonids remains accurate or should be changed. After reviewing the best available scientific and commercial data, we conclude that the 11 ESUs of Pacific salmon and 6 DPSs of steelhead in Oregon, Washington, and Idaho shall remain listed as determined in 2005, 2006, and 2007.
Airworthiness Directives; SOCATA Airplanes
Document Number: 2011-20165
Type: Rule
Date: 2011-08-15
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for SOCATA Model TBM 700 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued 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; Bombardier, Inc. Model DHC-8-400 Series Airplanes
Document Number: 2011-20141
Type: Rule
Date: 2011-08-15
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This 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:
Endangered and Threatened Wildlife and Plants; Designation of Revised Critical Habitat for Southwestern Willow Flycatcher
Document Number: 2011-19713
Type: Proposed Rule
Date: 2011-08-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to revise critical habitat for the southwestern willow flycatcher (Empidonax traillii extimus) (flycatcher) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 3,364 km stream kilometers (2,090 stream miles) are being proposed for designation as critical habitat. These areas are being proposed as stream segments, with the lateral extent including the riparian areas and streams that occur within the 100-year floodplain or flood-prone areas. The proposed critical habitat is located on a combination of Federal, State, Tribal, and private lands in Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, Santa Barbara, San Bernardino, San Diego, and Ventura Counties in California; Clark, Lincoln, and Nye Counties in southern Nevada; Kane, San Juan, and Washington Counties in southern Utah; Alamosa, Conejos, Costilla, La Plata, and Rio Grande Counties in southern Colorado; Apache, Cochise, Gila, Graham, Greenlee, La Paz, Maricopa, Mohave, Pima, Pinal, Santa Cruz, Yavapai, and Yuma Counties in Arizona; and Catron, Cibola, Dona Ana, Grant, Hidalgo, McKinley, Mora, Rio Arriba, Santa Fe, San Juan, Sierra, Soccoro, Taos, and Valencia Counties in New Mexico.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.