September 1, 2011 – Federal Register Recent Federal Regulation Documents

Determining the Amount of Taxes Paid for Purposes of the Foreign Tax Credit; Correction
Document Number: 2011-22523
Type: Proposed Rule
Date: 2011-09-01
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2011-12 Early Season
Document Number: 2011-22497
Type: Rule
Date: 2011-09-01
Agency: Fish and Wildlife Service, Department of the Interior
This rule prescribes special early-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of tribal authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest, at levels compatible with populations and habitat conditions.
Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards
Document Number: 2011-22451
Type: Proposed Rule
Date: 2011-09-01
Agency: Environmental Protection Agency
EPA is proposing to approve submittals from the Commonwealth of Pennsylvania pursuant to the Clean Air Act (CAA) sections 110(k)(2) and (3). These submittals address the infrastructure elements specified in CAA section 110(a)(2), necessary to implement, maintain, and enforce the 1997 8-hour ozone and fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) and the 2006 PM2.5 NAAQS. This proposed action is limited to the following infrastructure elements which were subject to EPA's completeness findings pursuant to CAA section 110(k)(1) for the 1997 8- hour ozone NAAQS dated March 27, 2008 and the 1997 PM2.5 NAAQS dated October 22, 2008: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof; and the following infrastructure elements for the 2006 PM2.5 NAAQS: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof.
Determination of Nonattainment and Reclassification of the Baltimore 1997 8-Hour Ozone Nonattainment Area; MD
Document Number: 2011-22449
Type: Proposed Rule
Date: 2011-09-01
Agency: Environmental Protection Agency
EPA is proposing to determine that the Baltimore moderate 8- hour ozone nonattainment area (the Baltimore Area) did not attain the 1997 8-hour ozone national ambient air quality standard (NAAQS) by its June 15, 2011, attainment date. The attainment date for moderate ozone nonattainment areas was June 15, 2010. However, the Baltimore Area qualified for a 1-year extension of its attainment date. Therefore, EPA extended the area's attainment date to June 15, 2011. This proposal is based on EPA's review of complete, quality assured, and certified ambient air quality monitoring data for the 2008-2010 monitoring period that are available in the EPA Air Quality System (AQS) database. If EPA finalizes this determination, the Baltimore Area will be reclassified by operation of law as a serious 8-hour ozone nonattainment area for the 1997 8-hour ozone standard. The serious area attainment date for the Baltimore Area would be as expeditiously as practicable, but not later than June 15, 2013. Once reclassified, the State of Maryland must submit State Implementation Plan (SIP) revisions for the Baltimore Area to meet the Clean Air Act (CAA) requirements for serious ozone nonattainment areas. In this action, EPA is also proposing that the State of Maryland submit the necessary SIP revisions to EPA by no later than September 30, 2012. This action is being taken under the CAA.
Regulatory Review Schedule
Document Number: 2011-22445
Type: Proposed Rule
Date: 2011-09-01
Agency: Department of the Interior, National Indian Gaming Commission
The purpose of this document is to cancel ten tribal consultations scheduled during November 2011, December 2011, January 2012, and February 2012 and to modify the dates for six tribal consultations scheduled during September 2011, October 2011 and November 2011.
Proposed Flood Elevation Determinations
Document Number: 2011-22443
Type: Proposed Rule
Date: 2011-09-01
Agency: Federal Emergency Management Agency, Department of Homeland Security
On March 25, 2009, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This document provides corrections to that table, to be used in lieu of the information published. The table provided in this document represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Cumberland County, Kentucky, and Incorporated Areas. Specifically, it addresses the following flooding sources: Bear Creek (backwater effects from Cumberland River), Big Renox Creek (backwater effects from Cumberland River), Big Whetstone Creek (backwater effects from Cumberland River), Big Willis Creek (backwater effects from Cumberland River), Brush Creek (backwater effects from Cumberland River), Carter Branch West (backwater effects from Cumberland River), Casey Branch (backwater effects from Dale Hollow Lake), Cedar Creek North (backwater effects from Cumberland River), Clover Creek (backwater effects from Cumberland River), Cumberland River, Cumberland River Tributary 32 (backwater effects from Cumberland River), Cumberland River Tributary 55 (backwater effects from Cumberland River), Cumberland River Tributary 57 (backwater effects from Cumberland River), Dale Hollow Lake (Obey River), Fanny's Creek (backwater effects from Dale Hollow Lake), Galloway Creek (backwater effects from Cumberland River), Galloway Creek Tributary 3 (backwater effects from Cumberland River), Goose Creek (backwater effects from Cumberland River), Haggard Branch (backwater effects from Cumberland River), Hendricks Creek (backwater effects from Dale Hollow Lake), Hoot Branch (backwater effects from Dale Hollow Lake), Hoot Branch Tributary 1 (backwater effects from Dale Hollow Lake), Judio Creek (backwater effects from Cumberland River), Lewis Creek (backwater effects from Cumberland River), Lewis Creek Tributary 5 (backwater effects from Cumberland River), Little Whetstone Creek (backwater effects from Cumberland River), Little Willis Creek (backwater effects from Cumberland River), Little Willis Creek Tributary 1 (backwater effects from Cumberland River), Marrowbone Creek (backwater effects from Cumberland River), Mud Camp Creek (backwater effects from Cumberland River), Otter Creek (backwater effects from Cumberland River), Perry Cary Hollow (backwater effects from Cumberland River), Potters Creek (backwater effects from Cumberland River), Raft Creek (backwater effects from Cumberland River), Riddle Prong (backwater effects from Dale Hollow Lake), Sulphur Creek (backwater effects from Dale Hollow Lake), and Williams Creek (backwater effects from Dale Hollow Lake).
Programmatic Environmental Assessment
Document Number: 2011-22437
Type: Proposed Rule
Date: 2011-09-01
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission seeks comment on a draft programmatic environmental assessment (PEA) of the Antenna Structure Registration (ASR) program. The purpose of the PEA is to evaluate the potential environmental effects of the Commission's ASR program. Owners of structures that are taller than 200 feet above ground level or that may interfere with the flight path of a nearby airport must register those structures with the FCC. The antenna structure owner must obtain painting and lighting specifications from the Federal Aviation Administration and include those specifications in its registration prior to construction.
Fisheries of the Northeastern United States; Atlantic Herring Fishery; Regulatory Amendment
Document Number: 2011-22436
Type: Rule
Date: 2011-09-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS revises the reporting requirements for vessels issued Atlantic herring (herring) permits, because more timely catch information is necessary to monitor herring catch against the stock- wide herring annual catch limit (ACL) and herring management area sub- ACLs, to help prevent sub-ACLs overages and the chance of premature fishery closures. This action requires limited access herring vessels to report catch daily via vessel monitoring systems (VMS), open access herring vessels to report catch weekly via the interactive voice response (IVR) system, and all herring-permitted vessels to submit vessel trip reports (VTRs) weekly.
Migratory Bird Hunting; Early Seasons and Bag and Possession Limits for Certain Migratory Game Birds in the Contiguous United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands
Document Number: 2011-22424
Type: Rule
Date: 2011-09-01
Agency: Fish and Wildlife Service, Department of the Interior
This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits of mourning, white-winged, and white- tipped doves; band-tailed pigeons; rails; moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early (September) waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico, and the Virgin Islands; and some extended falconry seasons. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits taking of designated species during the 2011-12 season.
Animal Welfare; Importation of Live Dogs
Document Number: 2011-22413
Type: Proposed Rule
Date: 2011-09-01
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the regulations to implement an amendment to the Animal Welfare Act (AWA). The Food, Conservation, and Energy Act of 2008 added a new section to the AWA to restrict the importation of certain live dogs. Consistent with this amendment, this proposed rule would, with certain limited exceptions, prohibit the importation of dogs from any part of the world into the continental United States or Hawaii for purposes of resale, research, or veterinary treatment, unless the dogs are in good health, have received all necessary vaccinations, and are at least 6 months of age. This proposed rule is necessary to implement the amendment to the AWA and would help to ensure the welfare of imported dogs.
Airworthiness Directives; PIAGGIO AERO INDUSTRIES S.p.A Model PIAGGIO P-180 Airplanes
Document Number: 2011-22387
Type: Proposed Rule
Date: 2011-09-01
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:
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List All Chimpanzees (Pan troglodytes) as Endangered
Document Number: 2011-22372
Type: Proposed Rule
Date: 2011-09-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list all chimpanzees (Pan troglodytes) as endangered under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing all chimpanzees as endangered may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the entire species as endangered is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12- month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.
Airworthiness Directives; The Boeing Company Model 747 Airplanes
Document Number: 2011-22371
Type: Proposed Rule
Date: 2011-09-01
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 repetitive general visual inspections for broken or missing latch pins of the lower sills of the forward and aft lower lobe cargo doors; repetitive detailed inspections for cracking of the latch pins; and corrective actions if necessary. This proposed AD was prompted by reports of fractured latch pins found in service; investigation revealed that the cracking and subsequent fracture were initiated by fatigue and propagated by a combination of fatigue and stress corrosion. We are proposing this AD to detect and correct fractured or broken latch pins, which could result in a forward or aft lower lobe cargo door opening and detaching during flight, and consequent rapid decompression of the airplane.
Airworthiness Directives; The Boeing Company Model 737-200, -200C, -300, -400, and -500 Series Airplanes
Document Number: 2011-22370
Type: Proposed Rule
Date: 2011-09-01
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) that applies to certain Model 737-300, -400, and -500 series airplanes. The existing AD currently requires repetitive external non-destructive inspections to detect cracks in the fuselage skin along the chem-mill step at stringers S-1 and S-2 right, between station (STA) 827 and STA 847, and repair if necessary. Since we issued that AD, we have received reports of additional crack findings of the fuselage crown skin at the chem-milled steps. This proposed AD would add inspections for cracking in additional fuselage crown skin locations, and repair if necessary. This proposed AD would also reduce the inspection thresholds for certain airplanes, extend certain repetitive inspection intervals, and add airplanes to the applicability of the existing AD. We are proposing this AD to detect and correct fatigue cracking of the fuselage skin panels at the chem- milled steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression of the airplane.
International Anti-Fouling System Certificate
Document Number: 2011-22361
Type: Proposed Rule
Date: 2011-09-01
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to amend its vessel inspection regulations to add the International Anti-fouling System (IAFS) Certificate to the list of certificates a recognized classification society may issue on behalf of the Coast Guard. This action is being taken in response to recently enacted legislation implementing the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001. This proposed rule would enable recognized classification societies to apply to the Coast Guard for authorization to issue IAFS Certificates to vessel owners on behalf of the Coast Guard.
Safety Zone; Suttons Bay Labor Day Fireworks, Suttons Bay, Grand Traverse Bay, MI
Document Number: 2011-22357
Type: Rule
Date: 2011-09-01
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone in the Captain of the Port Sault Sainte Marie zone. This zone is intended to restrict vessels from certain portions of water areas within Sector Sault Sainte Marie Captain of the Port zone, as defined by 33 CFR 3.45- 45. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays.
Safety Zone; Cleveland National Air Show, Lake Erie, Cleveland, OH
Document Number: 2011-22356
Type: Rule
Date: 2011-09-01
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on Lake Erie, Cleveland, OH. This zone is intended to restrict vessels from a portion of Lake Erie during the Cleveland National Air Show. This safety zone is necessary to protect persons and vessels from the potential safety hazards associated with high speed, low altitude acrobatic and military aircraft.
Safety Zone; Labor Day Fireworks, Ancarrows Landing Park, James River, Richmond, VA
Document Number: 2011-22355
Type: Rule
Date: 2011-09-01
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a 420-foot radius safety zone on the navigable waters of James River in Richmond, VA in support of the Labor Day Fireworks event. This action is necessary to provide for the safety of life on navigable waters during the Labor Day Fireworks show. This action is intended to restrict vessel traffic movement to protect mariners and spectators from the hazards associated with aerial fireworks displays.
Safety Zone; Thunder on the Gulf, Gulf of Mexico, Orange Beach, AL
Document Number: 2011-22354
Type: Rule
Date: 2011-09-01
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone for a portion of the Gulf of Mexico for the waters off Orange Beach, Alabama. This action is necessary for the protection of crews, vessels, persons, and spectators on navigable waters during the Thunder on the Gulf high speed boat races. Entry into, transiting or anchoring in this zone is prohibited to all vessels, mariners, and persons unless specifically authorized by the Captain of the Port (COTP) Mobile or a designated representative.
Airworthiness Directives; Lycoming Engines (Type Certificate Previously Held by Textron Lycoming) Reciprocating Engines
Document Number: 2011-22351
Type: Proposed Rule
Date: 2011-09-01
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 removing certain ``machined-from-billet'' Volare LLC (formerly Precision Airmotive Corporation, formerly Facet Aerospace Products Company, formerly Marvel-Schebler (BorgWarner)) HA-6 carburetors, inspecting for a loose mixture control sleeve or for a sleeve that may become loose, repairing the carburetor, or replacing the carburetor with one eligible for installation. This proposed AD was prompted by a report of a ``machined-from-billet'' HA-6 carburetor having a loose mixture control sleeve that rotated in the carburetor body causing restriction of fuel and power loss. We are proposing this AD to prevent engine in-flight shutdown, power loss, and reduced control of the airplane.
Airworthiness Directives; Austro Engine GmbH Model E4 Diesel Piston Engines
Document Number: 2011-22347
Type: Rule
Date: 2011-09-01
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) for the products listed above. That AD currently requires frequent inspections of the fuel pressure supply for excessive oscillations to determine if high-pressure (HP) fuel pumps have been exposed to damaging pressure oscillations. Pumps that have been exposed require replacement before further flight. This new AD requires the initial and repetitive inspections of AD 2010-23-09, but also requires installing HP fuel pump part number (P/N) E4A-30-200-000, as mandatory terminating action to the repetitive inspections. We are issuing this AD to prevent engine power loss or in-flight shutdown, which could result in loss of control of the airplane.
Human Subjects Research Protections: Enhancing Protections for Research Subjects and Reducing Burden, Delay, and Ambiguity for Investigators; Extension of Comment Period
Document Number: 2011-22341
Type: Proposed Rule
Date: 2011-09-01
Agency: Food and Drug Administration, Department of Health and Human Services, Office of the Secretary
The Office of the Secretary of the Department of Health and Human Services (HHS) in coordination with the Office of Science and Technology Policy (OSTP) is extending the comment period for an advance notice of proposed rulemaking (ANPRM) requesting comment on how current regulations for protecting human subjects who participate in research might be modernized and revised to be more effective. That ANPRM was published in the Federal Register on July 26, 2011.
California State Implementation Plan, South Coast Air Quality Management District; Withdrawal of Direct Final Rule
Document Number: 2011-22289
Type: Rule
Date: 2011-09-01
Agency: Environmental Protection Agency
On July 15, 2011 (76 FR 41717), EPA published a direct final approval of a revision to the California State Implementation Plan (SIP). This revision concerned South Coast Air Quality Management District (SCAQMD) Rule 1143, Consumer Paint Thinner & Multi-Purpose Solvents and Rule 1144, Metal Working Fluids & Direct-Contact Lubricants. The direct final action was published without prior proposal because EPA anticipated no adverse comment. The direct final rule stated that if adverse comments were received by August 15, 2011, EPA would publish a timely withdrawal in the Federal Register. EPA received timely adverse comments. Consequently, with this revision we are withdrawing the direct final approval of SCAQMD Rules 1143 and 1144. EPA will either address the comments in a subsequent final action based on the parallel proposal also published on July 15, 2011 (76 FR 41745), or repropose an alternative action. As stated in the parallel proposal, EPA will not institute a second comment period on a subsequent final action. Accordingly, the amendment to 40 CFR 52.220 published in the Federal Register on July 15, 2011, (76 FR 41717) which was to become effective on September 13, 2011 is withdrawn.
Disclosure for Asset-Backed Securities Required by Section 943 of the Dodd-Frank Wall Street Reform and Consumer Protection Act
Document Number: 2011-22257
Type: Rule
Date: 2011-09-01
Agency: Securities and Exchange Commission, Agencies and Commissions
We are making a technical correction to Rule 15Ga-1 adopted in Release No. 33-9175 (January 20, 2011), which was published in the Federal Register on January 26, 2011. The document contained an incorrect paragraph reference in an instruction to Rule 15Ga-1. This correction is being published to correct the paragraph reference.
Board Policy Statements
Document Number: 2011-22203
Type: Rule
Date: 2011-09-01
Agency: Farm Credit Administration, Agencies and Commissions
The Farm Credit Administration (FCA) Board recently undertook its 5-year review of FCA Board policy statements. This review resulted in revisions to 14 policy statements that are mostly technical, grammatical, or syntactical. However, a few of the revisions add clarity to the policy statements and other revisions incorporate changes required either by new laws or by changes in the functional statement of operations for some FCA offices.
Medicare Program; Medicare Advantage and Prescription Drug Benefit Programs
Document Number: 2011-22126
Type: Rule
Date: 2011-09-01
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule finalizes revisions to the regulations governing the Medicare Advantage (MA) program (Part C), prescription drug benefit program (Part D) and section 1876 cost plans including conforming changes to the MA regulations to implement statutory requirements regarding special needs plans (SNPs), private fee-for- service plans (PFFS), regional preferred provider organizations (RPPO) plans, and Medicare medical savings accounts (MSA) plans, cost-sharing for dual-eligible enrollees in the MA program and prescription drug pricing, coverage, and payment processes in the Part D program, and requirements governing the marketing of Part C and Part D plans.
Swap Data Repositories: Registration Standards, Duties and Core Principles
Document Number: 2011-20817
Type: Rule
Date: 2011-09-01
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') is adopting its regulations to implement section 21 of the Commodity Exchange Act (``CEA'' or ``Act''), which establishes registration requirements, statutory duties, core principles and certain compliance obligations for registered swap data repositories (``SDRs''). Section 21 of the CEA was added by section 728 of the Dodd- Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'').
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