August 31, 2011 – Federal Register Recent Federal Regulation Documents

Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program, Livestock Indemnity Program, and General Provisions for Supplemental Agricultural Disaster Assistance Programs
Document Number: 2011-22323
Type: Rule
Date: 2011-08-31
Agency: Department of Agriculture, Farm Service Agency
The Farm Service Agency (FSA) is making several clarifying amendments and corrections to the regulations for the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP) and the Livestock Indemnity Program (LIP) to clarify when livestock death losses must have occurred to be eligible losses for LIP and ELAP benefits. This rule also clarifies when adverse weather events or loss conditions must have occurred to be eligible losses of livestock, honeybee, crops, and farm-raised fish for ELAP and Supplemental Revenue Assistance Payments Program (SURE) benefits. This rule clarifies an equitable relief provision for the risk management purchase requirement that applies to the Supplemental Agricultural Disaster Assistance Programs, authorized by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill), except LIP.
Proposed Amendment of Class D and Class E Airspace; Baltimore, MD
Document Number: 2011-22319
Type: Proposed Rule
Date: 2011-08-31
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class D and Class E Airspace at Baltimore, MD, as the Martin Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures have been developed at Martin State Airport. This action would also update the geographic coordinates of the Baltimore VORTAC. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Proposed Establishment of Class E Airspace; Danville, PA
Document Number: 2011-22317
Type: Proposed Rule
Date: 2011-08-31
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E Airspace at Danville, PA, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Danville Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
Document Number: 2011-22310
Type: Rule
Date: 2011-08-31
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is reallocating the projected unused amounts of Pacific cod from catcher vessels using trawl gear and catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line gear to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2011 total allowable catch of Pacific cod in the BSAI to be harvested.
Pilot in Command Proficiency Check and Other Changes to the Pilot and Pilot School Certification Rules
Document Number: 2011-22308
Type: Rule
Date: 2011-08-31
Agency: Federal Aviation Administration, Department of Transportation
This final rule amends the FAA's regulations concerning pilot, flight instructor, and pilot school certification. This rule will require pilot-in-command (PIC) proficiency checks for pilots who act as PIC of turbojet-powered aircraft except for pilots of single seat experimental jets and pilots of experimental jets who do not carry passengers. It allows pilot applicants to apply concurrently for a private pilot certificate and an instrument rating and permits pilot schools and provisional pilot schools to apply for a combined private pilot certification and instrument rating course. In addition, the rule will: Allow pilot schools to use internet-based training programs without requiring schools to have a physical ground training facility; revise the definition of ``complex airplane;'' and allow the use of airplanes with throwover control wheels for expanded flight training. The final rule also amends the FAA's regulations concerning pilot certificates to allow the conversion of a foreign pilot license to a U.S. pilot certificate under the provisions of a Bilateral Aviation Safety Agreement (BASA) and Implementing Procedures for Licensing (IPL). The FAA has determined these amendments are needed to enhance safety, respond to changes in the aviation industry, and reduce unnecessary regulatory burdens.
No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee-Notice of Meeting
Document Number: 2011-22302
Type: Proposed Rule
Date: 2011-08-31
Agency: Department of the Interior, Bureau of Indian Affairs, Indian Affairs Bureau
In accordance with the Federal Advisory Committee Act, the Bureau of Indian Affairs is announcing that the No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee will hold its seventh and final meeting in Washington, DC. The purpose of the meeting is to finalize the language and appearance of a final report to Congress and the Secretary as required under the No Child Left Behind Act of 2001.
Television Broadcasting Services; Montgomery, AL
Document Number: 2011-22296
Type: Proposed Rule
Date: 2011-08-31
Agency: Federal Communications Commission, Agencies and Commissions
The Commission has before it a petition for rulemaking filed by Channel 32 Montgomery, LLC (``Channel 32''), the licensee of WNCF(TV), channel 32, Montgomery, Alabama, requesting the substitution of channel 31 for channel 32 at Montgomery. Channel 32 believes operating on channel 31 would offer more meaningful replication of the station's former analog service area, and would significantly increase the geographic area within the station's protected contour.
James Zadroga 9/11 Health and Compensation Act of 2010
Document Number: 2011-22295
Type: Rule
Date: 2011-08-31
Agency: Department of Justice
On January 2, 2011, President Obama signed into law the James Zadroga 9/11 Health and Compensation Act of 2010 (Zadroga Act). Title II of the Zadroga Act reactivates the September 11th Victim Compensation Fund of 2001 and requires a Special Master, appointed by the Attorney General, to provide compensation to any individual (or a personal representative of a deceased individual) who suffered physical harm or was killed as a result of the terrorist-related aircraft crashes of September 11, 2001, or the debris removal efforts that took place in the immediate aftermath of those crashes. The Attorney General appointed Sheila L. Birnbaum to serve as Special Master and administer the Fund. On June 21, 2011, the Special Master issued a Notice of Proposed Rulemaking that proposed to amend the regulations implementing the Fund to reflect the changes made by the Zadroga Act. After reviewing the extensive public comments and meeting with numerous victims, victims' families, and other groups, the Special Master is issuing this final rule and associated commentary, which make certain clarifications and changes that are designed to address issues that have been raised. Specifically, the final rule clarifies, supplements, and amends the proposed rule by, among other things: Expanding the geographic zone recognized as a ``9/11 crash site''; providing greater consistency with the World Trade Center Health Program by adding additional forms of proof that may be used to establish eligibility; and clarifying the types of fees and charges that would come within the caps on amounts that a claimant's representative may charge in connection with a claim made to the Fund.
Noncompetitive Appointment of Certain Military Spouses
Document Number: 2011-22268
Type: Rule
Date: 2011-08-31
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management is issuing final regulations to eliminate the 2-year eligibility limitation for noncompetitive appointment for spouses of certain deceased or 100 percent disabled veterans. OPM is removing this restriction to provide spouses of certain deceased or 100 percent disabled veterans with unlimited eligibility for noncompetitive appointment. The intended effect of this change is to further facilitate the entry of these military spouses into the Federal civil service.
Final Flood Elevation Determinations
Document Number: 2011-22252
Type: Rule
Date: 2011-08-31
Agency: Federal Emergency Management Agency, Department of Homeland Security
Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Airworthiness Directives; Turbomeca Arriel 1B Turboshaft Engines
Document Number: 2011-22246
Type: Proposed Rule
Date: 2011-08-31
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) 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:
Proposed Amendment of Class E Airspace; Kipnuk, AK
Document Number: 2011-22230
Type: Proposed Rule
Date: 2011-08-31
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to revise Class E airspace at Kipnuk, AK. The amendment of two standard instrument approach procedures at the Kipnuk Airport has made this action necessary to enhance safety and management of Instrument Flight Rules (IFR) operations.
Proposed Amendment of Class E Airspace; Kwigillingok, AK
Document Number: 2011-22229
Type: Proposed Rule
Date: 2011-08-31
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to revise Class E airspace at Kwigillingok, AK. The amendment of two standard instrument approach procedures at the Kwigillingok Airport has made this action necessary to enhance safety and management of Instrument Flight Rules (IFR) operations.
Proposed Amendment of Class E Airspace Galbraith Lake, AK
Document Number: 2011-22228
Type: Proposed Rule
Date: 2011-08-31
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Galbraith Lake AK. The creation of two special instrument approach procedures at the Galbraith Lake Airport has made this action necessary to enhance safety and management of Instrument Flight Rules (IFR) operations.
Proposed Amendment of Class E Airspace; Emmonak, AK
Document Number: 2011-22227
Type: Proposed Rule
Date: 2011-08-31
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to revise Class E airspace at Emmonak, AK. The amendment of two standard instrument approach procedures at the Emmonak Airport has made this action necessary to enhance safety and management of Instrument Flight Rules (IFR) operations.
Airworthiness Directives; 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 Airplanes
Document Number: 2011-22226
Type: Proposed Rule
Date: 2011-08-31
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:
Airworthiness Directives; Cessna Aircraft Company Model 680 Airplanes
Document Number: 2011-22225
Type: Proposed Rule
Date: 2011-08-31
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD would require adding diodes to the fuel cross-feed wiring, and revising the airplane flight manual to include procedures to use when the left or right generator is selected OFF. This proposed AD was prompted by a false cross-feed command to the right-hand fuel control card, due to the cross-feed inputs on the left- and right-hand fuel control cards being connected together and causing an imbalance of fuel between the left and right wing tanks. We are proposing this AD to prevent lateral imbalance of the airplane, which can be corrected by deflecting the aileron trim, but which increases the pilot's workload. Uncontrolled fuel cross-feed results in lateral imbalance that could exceed the airplane's limitation in a short period of time. Exceeding the lateral imbalance limit could result in reduced control of the airplane.
Airworthiness Directives; BAE SYSTEMS (Operations) Limited Model 4101 Airplanes
Document Number: 2011-22224
Type: Proposed Rule
Date: 2011-08-31
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:
Television Broadcasting Services; Hampton-Norfolk, Virginia; Norfolk, Virginia-Elizabeth City, NC
Document Number: 2011-22200
Type: Proposed Rule
Date: 2011-08-31
Agency: Federal Communications Commission, Agencies and Commissions
The Commission has before it a petition for rulemaking filed by Hampton Roads Educational Telecommunications Association (``HRETA''), the licensee of noncommercial educational television station WHRO-TV, channel *16, Hampton-Norfolk, Virginia, requesting the reallotment of its channel *16 to Norfolk, Virginia-Elizabeth City, North Carolina, as Elizabeth City's first local TV service. HRETA also requests modification of station WHRO-TV's license to specify Norfolk, Virginia-Elizabeth City, North Carolina as its community of license. There is presently a freeze on the filing of television allotment rulemaking petitions, but since HRETA'S proposal contemplates no changes in the technical specifications of WHRO-TV, a grant of its request for a waiver of the freeze will not undermine the underlying purpose of the freeze. Waiving the freeze will serve the public interest by moving forth with HRETA's proposal to change its community of license to provide Elizabeth City with its first television broadcast station.
Attorney General's Guidelines on Implementation of the Provisions of the Voting Rights Act Regarding Language Minority Groups
Document Number: 2011-22160
Type: Rule
Date: 2011-08-31
Agency: Department of Justice
This rule updates the Attorney General's interpretative guidelines under the language minority provisions of the Voting Rights Act, which require certain states and political subdivisions to conduct elections in the language of certain ``language minority groups'' in addition to English. The rule reflects 2006 statutory amendments extending the time period for which covered jurisdictions must adhere to the minority language requirements in sections 4(f)(4) and 203 of the Voting Rights Act. The rule also amends the Appendix to the guidelines to reflect 2002 coverage determinations based upon the 2000 Census made by the Director of the Census pursuant to section 203(b) of the Act. It also makes technical changes to conform the guidelines to the 2006 and 2008 amendments to the Voting Rights Act, the 2002 Census determinations, and a 2009 Supreme Court decision, as well as to add or correct statutory citations.
Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports
Document Number: 2011-22159
Type: Rule
Date: 2011-08-31
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is amending the Cotton Board Rules and Regulations by updating the value assigned to imported cotton for the purpose of calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. An amendment is required to adjust the supplemental assessment and to ensure that assessments collected on imported raw cotton and the cotton content of imported cotton-containing products are the same as assessments collected on domestically produced cotton. In addition, AMS is updating the textile trade conversion factors used to determine the raw fiber equivalents of imported cotton-containing products and expanding the number of Harmonized Tariff Schedule (HTS) statistical reporting numbers from the current 706 to 2,371 to assess all imported cotton and cotton-containing products.
Tebuconazole; Pesticide Tolerances
Document Number: 2011-22138
Type: Rule
Date: 2011-08-31
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of tebuconazole in or on wheat, grain; oats, grain; wheat, shorts; and wheat, germ. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Fenamiphos; Proposed Data Call-In Order for Pesticide Tolerance
Document Number: 2011-22127
Type: Proposed Rule
Date: 2011-08-31
Agency: Environmental Protection Agency
This document proposes to require the submission of various data required to support the continuation of the tolerances for the pesticide fenamiphos. Pesticide tolerances are established under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines
Document Number: 2011-22125
Type: Proposed Rule
Date: 2011-08-31
Agency: Department of Labor, Mine Safety and Health Administration
The Mine Safety and Health Administration (MSHA) is proposing to require underground coal mine operators to equip continuous mining machines (except full-face continuous mining machines) with proximity detection systems. Miners working near continuous mining machines face pinning, crushing, and striking hazards that have resulted, and continue to result, in accidents involving life threatening injuries and death. The proposal would strengthen the protections for miners by reducing the potential for pinning, crushing, or striking accidents in underground coal mines.
Pears Grown in Oregon and Washington; Assessment Rate Decrease for Fresh Pears
Document Number: 2011-22113
Type: Rule
Date: 2011-08-31
Agency: Agricultural Marketing Service, Department of Agriculture
This rule decreases the assessment rate established for the Fresh Pear Committee (Committee) for the 2011-2012 and subsequent fiscal periods from $0.501 to $0.471 per standard box or equivalent of fresh winter pears handled. The Committee locally administers the marketing order which regulates the handling of fresh pears grown in Oregon and Washington. Assessments upon Oregon-Washington fresh pear handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 Series Airplanes
Document Number: 2011-22013
Type: Rule
Date: 2011-08-31
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:
Appeals of Post Office Closings
Document Number: 2011-22009
Type: Proposed Rule
Date: 2011-08-31
Agency: Postal Regulatory Commission, Agencies and Commissions
This document proposes revisions to the Commission's rules for appeals of post office closings. The existing rules are unnecessarily complex and outmoded. The revisions update the rules and shorten the appeal process. They also provide a clearer explanation of the appeal process, of how to participate in that process, and of the nature of the Commission's review. The Commission invites comments on the proposed revisions.
National Standards for Traffic Control Devices; the Manual on Uniform Traffic Control Devices for Streets and Highways; Revision
Document Number: 2011-22006
Type: Proposed Rule
Date: 2011-08-31
Agency: Federal Highway Administration, Department of Transportation
The MUTCD is incorporated in our regulations, approved by the Federal Highway Administration, and recognized as the national standard for traffic control devices used on all streets, highways, bikeways, and private roads open to public travel. The FHWA proposes to revise certain information relating to target compliance dates for traffic control devices. Consistent with Executive Order 13563, and in particular its emphasis on burden-reduction and on retrospective analysis of existing rules, the proposed changes are intended to reduce the costs and impacts of compliance dates on State and local highway agencies and to streamline and simplify the information.
Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Sonoma County Distinct Population Segment of California Tiger Salamander
Document Number: 2011-21945
Type: Rule
Date: 2011-08-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), designate revised critical habitat for the Sonoma County distinct population segment of the California tiger salamander (Ambystoma californiense) (Sonoma California tiger salamander) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 47,383 acres (19,175 hectares) of land are being designated as revised critical habitat for the Sonoma California tiger salamander.
Review of National Ambient Air Quality Standards for Carbon Monoxide
Document Number: 2011-21359
Type: Rule
Date: 2011-08-31
Agency: Environmental Protection Agency
This rule is being issued at this time as required by a court order governing the schedule for completion of this review of the air quality criteria and the national ambient air quality standards (NAAQS) for carbon monoxide (CO). Based on its review, the EPA concludes the current primary standards are requisite to protect public health with an adequate margin of safety, and is retaining those standards. After review of the air quality criteria, EPA further concludes that no secondary standard should be set for CO at this time. EPA is also making changes to the ambient air monitoring requirements for CO, including those related to network design, and is updating, without substantive change, aspects of the Federal reference method.
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