August 23, 2011 – Federal Register Recent Federal Regulation Documents

Approval and Promulgation of Implementation Plans; State of Kansas Regional Haze State Implementation Plan
Document Number: 2011-21567
Type: Proposed Rule
Date: 2011-08-23
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Kansas on November 9, 2009, that addresses Regional Haze for the first implementation period. In so doing, EPA is proposing to determine that the plan submitted by Kansas satisfies the requirements of the Clean Air Act (CAA or Act), for states to prevent any future and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants located over a wide geographic area (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is taking this action pursuant to those provisions of the CAA that obligate the Agency to take action on submittals of SIPs. You may submit written comments on this proposed rule as per the instructions given under the section Instructions for Comment Submittal.
Empowering Consumers To Prevent and Detect Billing for Unauthorized Charges (“Cramming”); Consumer Information and Disclosure; Truth-in-Billing and Billing Format
Document Number: 2011-21547
Type: Proposed Rule
Date: 2011-08-23
Agency: Federal Communications Commission, Agencies and Commissions
The purpose of this document is to seek comment on proposed amendments to the Commission's Truth-in-Billing rules that would require wireline telephone companies (i.e. wireline telecommunications common carriers) to notify subscribers clearly and conspicuously, at the point of sale, on each bill, and on their Web sites, of the option to block third-party charges from their telephone bills, if the company offers that option, and place charges from non-telephone company third- parties in a bill section separate from telephone company charges, and would require both wireline and wireless (i.e. Commercial Mobile Radio Service (``CMRS'') common carriers) telephone companies to notify subscribers on all telephone bills and on their Web sites that subscribers may file complaints with the Commission, provide the Commission's contact information for the submission of complaints, and include on Web sites a link to the Commission's complaint Web page. This action will enable subscribers to detect, rectify, and prevent placement of unauthorized charges on their telephone bills; a practice known as ``cramming.''
Television Broadcasting Services; Panama City, FL
Document Number: 2011-21544
Type: Proposed Rule
Date: 2011-08-23
Agency: Federal Communications Commission, Agencies and Commissions
The Commission has before it a petition for rulemaking filed by Gray Television Licensee, LLC (``Gray''), the licensee of station WJHG-TV, channel 7, Panama City, Florida, requesting the substitution of channel 18 for channel 7 at Panama City. WJHG's viewers continue to experience problems receiving the station's VHF channel 7 digital broadcasts despite two power increases since it began operations on digital channel 7. Gray states that the best solution to resolve the majority of viewers reception problems is to move to a UHF channel, which serves the public interest by resolving over-the-air reception problems in certain areas of WJHG's predicted service areas.
Request for Comment Concerning Interpretations of the Magnuson-Moss Warranty Act; Rule Governing Disclosure of Written Consumer Product Warranty Terms and Conditions; Rule Governing Pre-Sale Availability of Written Warranty Terms; Rule Governing Informal Dispute Settlement Procedures; and Guides for the Advertising of Warranties and Guarantees
Document Number: 2011-21527
Type: Proposed Rule
Date: 2011-08-23
Agency: Federal Trade Commission, Agencies and Commissions
As part of its systematic review of all Federal Trade Commission (``AFTC'' or ``Commission'') rules and guides, the FTC seeks public comment on a set of warranty-related Interpretations, Rules and Guides: its Interpretations of the Magnuson-Moss Warranty Act (``Interpretations'' or ``Rule 700''); its Rule Governing Disclosure of Written Consumer Product Warranty Terms and Conditions (``Rule 701''); its Rule Governing Pre-Sale Availability of Written Warranty Terms (``Rule 702''); its Rule Governing Informal Dispute Settlement Procedures (``Rule 703''); and its Guides for the Advertising of Warranties and Guarantees (``Guides''). The Commission requests public comment on the overall costs, benefits, necessity and regulatory and economic impact of these Interpretations, Rules and Guides.
National Veterinary Accreditation Program; Currently Accredited Veterinarians Performing Accredited Duties and Electing To Participate
Document Number: 2011-21526
Type: Rule
Date: 2011-08-23
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are announcing to the public that veterinarians who are currently accredited in the National Veterinary Accreditation Program (NVAP) may continue to perform accredited duties and may elect to continue to participate in the NVAP until October 1, 2011. The regulations indicate that currently accredited veterinarians must elect to continue their participation in the NVAP in order to maintain their accredited status, after which we will confirm their continued participation and notify them of their first renewal date. A previous document announced that currently accredited veterinarians may continue to perform accredited duties until further notice, even if they have not received a date for their first accreditation renewal. That document stated that we would specify a date by which veterinarians would have to elect to participate in a subsequent document.
Importation of Horses From Contagious Equine Metritis-Affected Countries
Document Number: 2011-21524
Type: Rule
Date: 2011-08-23
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are reopening the comment period for an interim rule that amended the regulations regarding the testing requirements for importation of horses from countries affected with contagious equine metritis. We are also delaying the enforcement of all provisions of the interim rule until a final rule is published and effective. This action will allow interested persons additional time to comment on the interim rule and provide the Animal and Plant Health Inspection Service with time to make adjustments to the interim rule that may be necessary in order to successfully implement it.
Importation of Peppers From Panama
Document Number: 2011-21522
Type: Rule
Date: 2011-08-23
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations to allow, under certain conditions, the importation of commercial shipments of peppers from Panama into the United States without treatment. Conditions of entry to which the peppers will be subject include trapping, pre-harvest inspection, and shipping procedures. This action will allow for the importation of peppers from Panama into the United States while continuing to provide protection against the introduction of quarantine pests.
Asian Longhorned Beetle; Quarantined Areas and Regulated Articles
Document Number: 2011-21520
Type: Rule
Date: 2011-08-23
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the Asian longhorned beetle regulations by quarantining portions of Suffolk and Norfolk Counties, MA, and expanding the quarantined area in Worcester County, MA. As a result of this action, the interstate movement of regulated articles from those areas will be restricted. We are also updating the list of regulated articles in order to reflect new information concerning host plants. These actions are necessary to prevent the artificial spread of the Asian longhorned beetle to noninfested areas of the United States.
European Larch Canker; Expansion of Regulated Areas
Document Number: 2011-21519
Type: Rule
Date: 2011-08-23
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the domestic quarantine regulations to expand the regulated area for European larch canker to include additional areas in Maine. We are also correcting some misidentifications of previously listed regulated areas. This action is necessary to prevent human-assisted transmission of European larch canker from infested areas to noninfested areas.
Rules Governing Hearings Before the Agency of Original Jurisdiction and the Board of Veterans' Appeals; Clarification
Document Number: 2011-21513
Type: Rule
Date: 2011-08-23
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is amending its hearing regulations to clarify that the provisions regarding hearings before the Agency of Original Jurisdiction (AOJ) do not apply to hearings before the Board of Veterans' Appeals (Board).
Suspension of the Duty To File Reports for Classes of Asset-Backed Securities Under Section 15(D) of the Securities Exchange Act of 1934
Document Number: 2011-21500
Type: Rule
Date: 2011-08-23
Agency: Securities and Exchange Commission, Agencies and Commissions
Section 942(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act eliminated the automatic suspension of the duty to file under Section 15(d) of the Securities Exchange Act of 1934 for asset-backed securities issuers and granted the Commission the authority to issue rules providing for the suspension or termination of such duty. We are adopting rules to provide certain thresholds for suspension of the reporting obligations for asset-backed securities issuers. We are also amending our rules relating to the Exchange Act reporting obligations of asset-backed securities issuers in light of these statutory changes.
Airworthiness Directives; Eurocopter Canada Ltd. Model BO 105 LS A-3 Helicopters
Document Number: 2011-21472
Type: Proposed Rule
Date: 2011-08-23
Agency: Federal Aviation Administration, Department of Transportation
This document proposes superseding an existing airworthiness directive (AD) for Eurocopter Canada Ltd. Model BO 105 LS A-3 helicopters. That AD currently requires establishing a life limit for certain tension-torsion (TT) straps. This action would require reducing the ``number of flights'' life limit and providing a time-in-service (TIS) life limit for those TT straps. This proposal is prompted by a recalculation by the manufacturer and subsequent changes to the service information related to the retirement time of the TT strap initially adopted as a result of an accident in which a main rotor blade (blade) separated from a Eurocopter Deutschland GMBH (ECD) Model MBB-BK 117 helicopter due to fatigue failure of a TT strap. The same part-numbered TT strap is used on Model BO 105 LS A-3 helicopters. The actions specified by the proposed AD are intended to prevent fatigue failure of a TT strap, loss of a blade, and subsequent loss of control of the helicopter.
Special Local Regulations; Sabine River, Orange, TX
Document Number: 2011-21461
Type: Rule
Date: 2011-08-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary Special Local Regulation on the Sabine River within the Port Arthur, TX Captain of the Port Zone. This Special Local Regulation is intended to restrict vessels from portions of the Sabine River during the annual S.P.O.R.T boat races. This Special Local Regulations is necessary to protect spectators and vessels from the hazards associated with powerboat races.
Regulated Navigation Area; Arthur Kill, NY and NJ
Document Number: 2011-21460
Type: Rule
Date: 2011-08-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a Regulated Navigation Area (RNA) on the navigable waters of the Arthur Kill in New York and New Jersey. This temporary interim rule is necessary to enhance navigation, vessel safety, marine environmental protection, and provide for the safety of life on the navigable waters during drilling, blasting and dredging operations in support of the U.S. Army Corps of Engineers channel deepening project. We seek comments regarding this rule and will consider those comments before issuing a final rule.
Drawbridge Operation Regulation; Bonfouca Bayou, Slidell, LA
Document Number: 2011-21459
Type: Rule
Date: 2011-08-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is changing the regulation governing the operation of the State Route (SR) 433 Swing Span Bridge across Bonfouca Bayou, mile 7.0, at Slidell, St. Tammany Parish, Louisiana. The Louisiana Department of Transportation and Development (LDOTD) requested that the operating regulation of the SR 433 swing span bridge be changed in order to allow for signaled openings to begin later in the mornings and later in the evenings during the months of daylight savings time.
Drawbridge Operation Regulations; Anacostia River, Washington, DC
Document Number: 2011-21458
Type: Rule
Date: 2011-08-23
Agency: Coast Guard, Department of Homeland Security
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the CSX Railroad Vertical Lift Bridge across the Anacostia River, mile 3.4, at Washington, DC. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is necessary. This deviation will change the current eight hour advance notice requirement for a bridge opening to a 48 hour advance notice requirement for a bridge opening.
Drawbridge Operation Regulation; Anacostia River, Washington, DC
Document Number: 2011-21457
Type: Proposed Rule
Date: 2011-08-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to change the regulations governing the operation of the CSX Railroad Vertical Lift Bridge across the Anacostia River, mile 3.4 at Washington, DC. The proposed change will alter the eight hour advance notice requirement for a bridge opening to a 48 hour advance notice requirement for a bridge opening. The operating regulation change will give more notice for trains and vessels to adjust their schedules accordingly to ensure safe and efficient transits across and through the bridge.
Drawbridge Operation Regulation; Illinois Waterway, Joliet, IL
Document Number: 2011-21456
Type: Rule
Date: 2011-08-23
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Elgin Joliet and Eastern Railroad Drawbridge, across the Illinois Waterway, mile 290.1, at Joliet, Illinois. The deviation is necessary to allow the replacement of the existing bridge miter rail joints and installation of lift span alignment guides to ensure precise seating. This deviation allows the bridge to be maintained in the closed-to- navigation position for ten hours.
Procedures To Adjudicate Claims for Personal Injury or Property Damage Arising Out of the Operation of the U.S. Postal Service
Document Number: 2011-21444
Type: Rule
Date: 2011-08-23
Agency: Postal Service, Agencies and Commissions
This rule amends the Postal Service's regulations concerning tort claims to update the mailing address of the National Tort Center.
Proposed Establishment of Class C Airspace for Long Beach, CA; Public Meetings
Document Number: 2011-21424
Type: Proposed Rule
Date: 2011-08-23
Agency: Federal Aviation Administration, Department of Transportation
This notice announces two fact-finding informal airspace meetings to solicit information from airspace users and others, concerning a proposal to establish Class C airspace at Long Beach, CA. The purpose of these meetings is to provide interested parties an opportunity to present views, recommendations, and comments on the proposal. All comments received during these meetings will be considered prior to any issuance of a notice of proposed rulemaking.
Timely Mailing Treated as Timely Filing
Document Number: 2011-21416
Type: Rule
Date: 2011-08-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains regulations amending a Treasury Regulation to provide guidance as to the only ways to establish prima facie evidence of delivery of documents that have a filing deadline prescribed by the internal revenue laws, absent direct proof of actual delivery. The regulations provide that the proper use of registered or certified mail, or a service of a private delivery service (PDS) designated under criteria established by the IRS, will constitute prima facie evidence of delivery. The regulations are necessary to provide greater certainty on this issue and to provide specific guidance. The regulations affect taxpayers who mail Federal tax documents to the Internal Revenue Service or the United States Tax Court.
Election To Expense Certain Refineries
Document Number: 2011-21408
Type: Rule
Date: 2011-08-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document provides final regulations relating to the election to expense qualified refinery property under section 179C of the Internal Revenue Code (Code). These final regulations adopt the temporary regulations with certain modifications to reflect changes to the law made by the Energy Improvement and Extension Act of 2008.
Health Care for Homeless Veterans Program
Document Number: 2011-21407
Type: Rule
Date: 2011-08-23
Agency: Department of Veterans Affairs
This final rule establishes regulations for contracting with community-based treatment facilities in the Health Care for Homeless Veterans (HCHV) program of the Department of Veterans Affairs (VA). The HCHV program assists certain homeless veterans in obtaining treatment from non-VA community-based providers. The final rule formalizes VA's policies and procedures in connection with this program and clarifies that veterans with substance use disorders may qualify for the program.
Pay for Sunday Work
Document Number: 2011-21397
Type: Rule
Date: 2011-08-23
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management is issuing final regulations to implement the ruling in the case of Fathauer v. United States, 566 F.3d 1352 (Fed. Cir. 2009). In this decision, the United States Court of Appeals for the Federal Circuit ruled that part-time employees are covered under the provisions of 5 U.S.C. 5546(a), the statute governing the payment of Sunday premium pay for work performed on Sundays. The revised Sunday premium pay regulations eliminate references to ``full-time'' employees, which will permit Sunday premium payments to part-time employees, in accordance with 5 U.S.C. 5546(a). Consistent with the reasoning in the Fathauer decision, OPM has determined that part-time prevailing rate employees are also entitled to payment of Sunday premium pay, pursuant to 5 U.S.C. 5544(a). Intermittent employees continue to be excluded from earning Sunday premium pay because of the nature of their appointment.
Federal Employees' Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated Employees
Document Number: 2011-21396
Type: Rule
Date: 2011-08-23
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The Office of Personnel Management (OPM) is issuing an interim rule to revise the table of reduction factors for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities, and to revise the annuity factor for spouses of deceased employees who die in service when those spouses elect to receive the basic employee death benefit in 36 installments under the Federal Employees' Retirement System (FERS) Act of 1986. These rules are necessary to ensure that the tables conform to the economic, demographic and mortality assumptions adopted by the Board of Actuaries and published in the Federal Register on June 3, 2011, as required by 5 U.S.C. 8461(i).
Personnel Records
Document Number: 2011-21395
Type: Rule
Date: 2011-08-23
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management (OPM) is amending the regulations governing disposition of Official Personnel Folders of Federal employees to clarify the roles and responsibilities of OPM and Federal agencies.
Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District
Document Number: 2011-21368
Type: Proposed Rule
Date: 2011-08-23
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC), oxides of nitrogen (NOx), and particulate matter (PM) emissions from flares. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
Anchorage Regulations; Wells, ME
Document Number: 2011-21335
Type: Proposed Rule
Date: 2011-08-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish three special anchorage areas in Wells Harbor, Wells, Maine. This proposed action is necessary to facilitate safe navigation in that area and provide safe and secure anchorages for vessels not more than 20 meters in length. This action is intended to increase the safety of life and property in Wells Harbor, improve the safety of anchored vessels, and provide for the overall safe and efficient flow of vessel traffic and commerce.
Automated Data Processing and Information Retrieval System Requirements
Document Number: 2011-20796
Type: Proposed Rule
Date: 2011-08-23
Agency: Department of Agriculture, Food and Nutrition Service
This rule proposes to amend Supplemental Nutrition Assistance Program (SNAP)formerly the Food Stamp Program) regulations to implement the Food, Conservation, and Energy Act of 2008 (the Farm Bill), which requires adequate system testing before and after implementation of a new State automatic data processing (ADP) and information retrieval system, including the evaluation of data from pilot projects in limited areas for major systems changes, before the Secretary approves the system to be implemented more broadly. It also provides that systems be operated in accordance with an adequate plan for continuous updating to reflect changed policy and circumstances, and for testing the effects of the system on access by eligible households and on payment accuracy. This proposed rule would also specify the requirements for submission of a test plan. Further, the rule proposes changing the due date of an Advance Planning Document Update (APDU) from 90 days after to 60 days prior to the expiration of the Federal financial participation (FFP) approval and revises language regarding the Federal share of costs in consolidated information technology (IT) operations to specify that the threshold for service agreements applies to federally aided public assistance programs, rather than to SNAP alone. In addition, this rule proposes to amend the SNAP regulations relating to the establishment of an automated data processing and information retrieval system and to provide clarifications and updates which have occurred since this section was last updated in 1996.
Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants Reviews
Document Number: 2011-19899
Type: Proposed Rule
Date: 2011-08-23
Agency: Environmental Protection Agency
This action announces how the EPA proposes to address the reviews of the new source performance standards for volatile organic compound and sulfur dioxide emissions from natural gas processing plants. We are proposing to add to the source category list any oil and gas operation not covered by the current listing. This action also includes proposed amendments to the existing new source performance standards for volatile organic compounds from natural gas processing plants and proposed standards for operations that are not covered by the existing new source performance standards. In addition, this action proposes how the EPA will address the residual risk and technology review conducted for the oil and natural gas production and natural gas transmission and storage national emission standards for hazardous air pollutants. This action further proposes standards for emission sources within these two source categories that are not currently addressed, as well as amendments to improve aspects of these national emission standards for hazardous air pollutants related to applicability and implementation. Finally, this action addresses provisions in these new source performance standards and national emission standards for hazardous air pollutants related to emissions during periods of startup, shutdown and malfunction.
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