August 2011 – Federal Register Recent Federal Regulation Documents

The Federal Aviation Administration is requesting public comment on request by the Bowling GreenWarren County Airport Board to change a portion of airport property from aeronautical to non-aeronautical use at the Bowling GreenWarren County Regional Airport, Bowling Green, Kentucky. The request consists approximately of 4.66 acres of fee simple release. This action is taken under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21).

The Federal Aviation Administration (FAA) is changing the way the Office of Commercial Space Transportation (AST) makes its permits, licenses, and all accompanying orders (authorizations) available to the public. The FAA intends to post all current and future authorizations online on the AST Web site \1\ beginning on October 24, 2011. The FAA will not publish license or permit applications or evaluations. The FAA has determined that posting authorizations online will allow it to more effectively and efficiently inform the public of its commercial space transportation permit and license determinations.

Pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), and NASA NEPA policy and procedures (14 CFR part 1216 subpart 1216.3), NASA has prepared a Draft EA for launch of NASA routine payloads on expendable launch vehicles. For purposes of this Draft EA, NASA routine payloads include science instruments, spacecraft or technology demonstrations. This EA updates the Final Environmental Assessment for Launch of NASA Routine Payloads on Expendable Launch Vehicles from Cape Canaveral Air Force Station Florida and Vandenberg Air Force Base California published in June 2002. NASA missions covered by this Draft EA would be scheduled for launch at one of the proposed launch sites and would be within the total number of launch operations previously analyzed in launch vehicle and launch site NEPA documents. The proposed launches would occur from existing launch facilities at CCAFS, Florida, VAFB, California, the United States Army Kwajalein Atoll/Reagan Test Site (USAKA/RTS) in the Republic of the Marshall Islands (RMI), NASA's Wallops Flight Facility (WFF), Virginia, and the Kodiak Launch Complex (KLC), Alaska. The Cooperating Agencies on this Draft EA include the Federal Aviation Administration (FAA), the Air Force Space and Missile Systems Center, the U.S. Army Space and Missile Defense Command, and the National Oceanic and Atmospheric Administration (NOAA). The Draft EA analyzes the potential environmental impacts associated with preparing and implementing launches of missions that are designated NASA routine payloads on U.S. expendable launch vehicles from existing U.S. facilities using established procedures. The NASA routine payloads meet rigorously defined criteria ensuring that the spacecraft and their operation would not present any new or substantial environmental and safety concerns. A Routine Payload Checklist is used to exclude missions from consideration as routine payloads if they: (1) Include any extraterrestrial sample return; (2) would be launched on a vehicle or from a launch site for which NASA has not completed NEPA compliance; (3) carry radioactive sources that could not be approved by the NASA Office of Safety and Mission Assurance Nuclear Flight Safety Assurance Manager or designee; (4) cause the manifested launch rate (per year) for a particular launch vehicle to exceed the rate previously approved and permitted at the launch sites; (5) require the construction of any new facilities (or substantial modification of existing facilities); (6) utilize hazardous materials in quantities exceeding the Envelope Payload Characteristics (EPCs); (7) utilize potentially hazardous material whose type or amount would not be covered by new or existing local permits; (8) release material other than propulsion system exhaust or inert gases into the atmosphere; (9) suggest the potential for any substantial impact on public health and safety not covered by this Draft EA; (10) have the potential for substantial effects on the environment outside the United States; (11) utilize an Earth-pointing laser system that does not meet the requirements for safe operations according to American National Standards Institute analysis techniques; (12) carry live or inactive disease-causing biological agents beyond Biological Safety Level 1; or (13) have the potential to create substantial public controversy related to environmental issues. Payloads that fall within the Routine Payload Checklist would utilize materials, quantities of materials, launch vehicles, and operational characteristics that are consistent with normal and routine payload preparation and flight activities at these specified launch sites. Therefore, the environmental impacts of launching routine payloads would fall within the range of routine, ongoing, and previously documented impacts associated with approved programs that have been determined not to be significant. The purpose and need for this proposed action is to fulfill NASA's mission for Earth exploration, space exploration, technology development, and scientific research. The scientific missions associated with NASA routine payloads could not be accomplished without launching orbital and interplanetary spacecraft.

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.

This document informs the public that an appeal of the closing of the Francitas, Texas post office has been filed. It identifies preliminary steps and provides a procedural schedule. Publication of this document will allow the Postal Service, petitioners, and others to take appropriate action.

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.

The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) intends to review its approach to classifying carcinogens and establishing recommended exposure limits (RELs) for occupational exposures to hazards associated with cancer. As part of this effort, NIOSH is requesting initial input on these issues (including answers to the 5 questions in the following section), to be submitted to the NIOSH Docket number 240, for a comment period lasting through September 22, 2011. This information will be taken under consideration and used to inform NIOSH efforts to assess and document its carcinogen policy and REL policy regarding occupational hazards associated with cancer. NIOSH has also created a new NIOSH Cancer and REL Policy Web Topic Page [see https://www.cdc.gov/niosh/topics/cancer/policy.html] to provide additional details about this effort and progress updates. Public Comment Period: Comments must be received by September 22, 2011.

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).

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.

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.

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.

NMFS will present two public workshops on the Central Gulf of Alaska Rockfish Program (Rockfish Program) for potentially eligible participants and other interested parties. At each workshop, NMFS will provide an overview of the proposed Rockfish Program, discuss the key differences between the Rockfish Program and the Rockfish Pilot Program, provide information on the proposed rule comment process, and answer questions. NMFS is conducting these public workshops to assist fishery participants in understanding and reviewing the proposed rule that would implement this new Rockfish Program.

This notice advises the public of an additional waiver applicable to the Community Development Block Grant (CDBG) disaster recovery grants provided to the State of New York for the purpose of assisting in the recovery from the September 11, 2001, terrorist attacks on New York City. As described in the SUPPLEMENTARY INFORMATION section of this notice, HUD is authorized by statute and regulations to waive statutory and regulatory requirements and specify alternative requirements for this purpose upon the request of the grantee. HUD previously published Federal Register notices applicable to these grants on January 28, 2002, February 7, 2002, March 18, 2002, May 22, 2002, May 16, 2003, and April 12, 2004.

The FHWA has approved a request from Maryland Transportation Authority (MDTA) to temporarily close a portion of I-395 (just south of Conway Street in Baltimore City) from approximately 7 p.m. on Thursday, September 1, 2011, until approximately 6 a.m. on Tuesday, September 6, 2011. The closure is requested to accommodate the construction and operation of the Baltimore Grand Prix (BGP), which will use the streets of downtown Baltimore as a race course. The approval is granted in accordance with the provisions of 23 CFR 658.11 which authorizes the deletion of segments of the federally designated routes that make up the National Network designated in Appendix A of 23 CFR Part 658. The FHWA published a Notice and Request for Comment on June 28, 2011, seeking comments from the general public on this request submitted by the MDTA for a deletion in accordance with 23 CFR 658.11(d). No public comments were received.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.

As a result of the determinations by the Department of Commerce (``Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty orders on heavy forged hand tools (i.e., Axes & Adzes, Bars & Wedges, Hammers & Sledges, and Picks & Mattocks) (``Hand Tools'') from the People's Republic of China (``PRC'') would likely lead to continuation or recurrence of dumping and of material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty orders.