September 9, 2011 – Federal Register Recent Federal Regulation Documents

Safety Zone; TriRock Triathlon, San Diego Bay, San Diego, CA
Document Number: 2011-23260
Type: Rule
Date: 2011-09-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a safety zone upon the specified navigable waters of the San Diego Bay, San Diego, California, in support of a bay swim in San Diego Harbor. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative.
Dicamba; Pesticide Tolerances
Document Number: 2011-23159
Type: Rule
Date: 2011-09-09
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of dicamba in or on teff, forage; teff, grain; teff, straw; and teff, hay. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Hazardous Waste Management System: Identification and Listing of Hazardous Waste: Carbon Dioxide (CO2
Document Number: 2011-23156
Type: Proposed Rule
Date: 2011-09-09
Agency: Environmental Protection Agency
On August 8, 2011, the U.S. Environmental Protection Agency (EPA or the Agency) published a proposed rule in the Federal Register to revise the regulations for hazardous waste management under the Resource Conservation and Recovery Act (RCRA) to conditionally exclude carbon dioxide (CO2) streams that are hazardous from the definition of hazardous waste, provided these hazardous CO2 streams meet certain conditions. This correction is necessary because EPA published incorrect burden estimates in the Section VII.B. of the preamble to the proposed rule. However, EPA notes that the correct burden estimates were in the Information Collection Request (ICR) document prepared by EPA, submitted for approval to the Office of Management and Budget (OMB) under the Paperwork Reduction Act, and placed into the docket for the August 8, 2011 proposed rule.
Partial Approval and Partial Disapproval of Air Quality Implementation Plans; California; San Joaquin Valley; Reasonably Available Control Technology for Ozone
Document Number: 2011-23151
Type: Proposed Rule
Date: 2011-09-09
Agency: Environmental Protection Agency
EPA is proposing to partially approve and partially disapprove a revision to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD or SJV) portion of the California State Implementation Plan (SIP). Specifically, we propose to partially approve and partially disapprove SJVUAPCD's ``Reasonably Available Control Technology (RACT) Demonstration for Ozone State Implementation Plan (SIP)'' (RACT SIP) for the 8-hour ozone National Ambient Air Quality Standard (NAAQS) 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.
Workshops To Discuss Revisions to Federal and Indian Coal Valuation Regulations: Advance Notice of Proposed Rulemaking
Document Number: 2011-23140
Type: Proposed Rule
Date: 2011-09-09
Agency: Department of the Interior, Office of Natural Resources Revenue
The Office of Natural Resources Revenue (ONRR) announces three public workshops to discuss specific issues regarding the existing royalty valuation regulations at 30 CFR parts 1202 and 1206 for coal produced from Federal and Indian leases.
Track Safety Standards; Concrete Crossties
Document Number: 2011-23133
Type: Rule
Date: 2011-09-09
Agency: Federal Railroad Administration, Department of Transportation
This document responds to petitions for reconsideration of FRA's final rule published on April 1, 2011, mandating specific requirements for effective concrete crossties, for rail fastening systems connected to concrete crossties, and for automated inspections of track constructed with concrete crossties. This document amends and clarifies the final rule.
Extension of Comment Period for Notice of Proposed Rulemaking on Changes in Requirements for Specimens and for Affidavits or Declarations of Continued Use or Excusable Nonuse in Trademark Cases
Document Number: 2011-23129
Type: Proposed Rule
Date: 2011-09-09
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') is extending until September 23, 2011, the period for public comment on the proposal to revise the Trademark Rules of Practice and the Rules of Practice for Filings Pursuant to the Madrid Protocol to permit the USPTO to require: any information, exhibits, and affidavits or declarations deemed reasonably necessary to examine an affidavit or declaration of continued use or excusable nonuse in trademark cases, or for the USPTO to assess the accuracy and integrity of the register; and upon request, more than one specimen in connection with a use-based trademark application, an allegation of use, an amendment to a registered mark, or an affidavit or declaration of continued use in trademark cases.
Cape Hatteras National Seashore Proposed Rule: Off-Road Vehicle Management-Reopening of Public Comment Period
Document Number: 2011-23127
Type: Proposed Rule
Date: 2011-09-09
Agency: Department of the Interior, National Park Service
We, the National Park Service, are reopening the public comment period for the proposed rule to manage off-road vehicle use at Cape Hatteras National Seashore in North Carolina. The additional comment period allows more time for those who may have been affected by Hurricane Irene to submit comments.
Fisheries Off West Coast States; Notice of Availability for Secretarial Amendment 1 to the Pacific Coast Groundfish Fishery Management Plan
Document Number: 2011-23125
Type: Proposed Rule
Date: 2011-09-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has prepared Secretarial Amendment 1 to the Pacific Coast Groundfish Fishery Management Plan (FMP). Secretarial Amendment 1 would modify the FMP to add an overfished species rebuilding plan for petrale sole and revise existing overfished species rebuilding plans. In addition, Secretarial Amendment 1 would modify the default proxy values for FMSY and BMSY as they apply to the flatfish species, including petrale sole; and the harvest control rule policies. Finally the amendment makes non-substantive changes and updates factual information.
Workshops To Discuss Revisions to Federal Oil and Gas Royalty Valuation Regulations: Advance Notice of Proposed Rulemaking
Document Number: 2011-23104
Type: Proposed Rule
Date: 2011-09-09
Agency: Department of the Interior, Office of Natural Resources Revenue
The Office of Natural Resources Revenue (ONRR) announces three public workshops to discuss specific issues regarding the existing Federal oil and gas royalty valuation regulations at 30 CFR parts 1202 and 1206 for oil and gas produced from Federal onshore and offshore oil and gas leases.
Non-Face-to-Face Sale and Distribution of Tobacco Products and Advertising, Promotion, and Marketing of Tobacco Products
Document Number: 2011-23096
Type: Proposed Rule
Date: 2011-09-09
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is issuing this advance notice of proposed rulemaking (ANPRM) to obtain information related to the regulation of non-face-to-face sale and distribution of tobacco products and the advertising, promotion, and marketing of tobacco products. FDA is taking this action as part of its implementation of the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act). FDA is requesting comments, data, research, or other information related to non-face-to-face sale and distribution of tobacco products; the advertising, promotion, and marketing of such products; and the advertising of tobacco products via the Internet, e-mail, direct mail, telephone, smart phones, and other communication technologies that can be directed to specific recipients.
Federal Motor Vehicle Safety Standards; Electronic Stability Control Systems
Document Number: 2011-23092
Type: Rule
Date: 2011-09-09
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document responds to a petition for reconsideration of a September 2008 final rule that made changes to a new Federal motor vehicle safety standard requiring light vehicles to be equipped with electronic stability control systems. In that final rule, the agency stated that it had previously fulfilled the obligations of the United States with respect to initiating rulemaking with respect to the global technical regulation for electronic stability control and had adopted the regulation to the extent appropriate. The petition for reconsideration identified three areas of the present text of the electronic stability control standard that are not, in the petitioner's view, harmonized with the global technical regulation. After considering the petition, the agency is granting the petition in part and amending slightly the test procedures of the standard and is otherwise denying the petition.
Outbound International Mailings of Lithium Batteries
Document Number: 2011-23054
Type: Rule
Date: 2011-09-09
Agency: Postal Service, Agencies and Commissions
The Postal Service is withdrawing a final rule that would incorporate new maximum limits for the outbound mailing of lithium batteries to international, or APO, FPO or DPO locations. The Postal Service also withdraws the corresponding Code of Federal Regulations revision to reflect these new limits.
Inspection of Towing Vessels
Document Number: 2011-23053
Type: Proposed Rule
Date: 2011-09-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard announces a series of public meetings to receive comments on a notice of proposed rulemaking (NPRM) entitled ``Inspection of Towing Vessels'' that was published in the Federal Register on August 11, 2011. As stated in that document, the regulations proposed in the NPRM would establish safety regulations governing the inspection, standards, and safety management systems of towing vessels. The proposal includes provisions covering: Specific electrical and machinery requirements for new and existing towing vessels, the use and approval of third-party auditors and surveyors, and procedures for obtaining Certificates of Inspection. Without making a specific proposal in the NPRM regarding potential requirements for hours of service or crew endurance management for mariners aboard towing vessels, the Coast Guard also welcomes comments on these two important issues, which are discussed in the NPRM.
Federal Motor Vehicle Safety Standards, Child Restraint Systems
Document Number: 2011-23047
Type: Rule
Date: 2011-09-09
Agency: National Highway Traffic Safety Administration, Department of Transportation
This final rule, the first of two under the designation RIN 2127-AJ44, amends a provision in Federal Motor Vehicle Safety Standard No. 213, ``Child restraint systems,'' that permits NHTSA to allow manufacturers of child restraint systems (CRSs) manufactured before August 1, 2010, to choose to have NHTSA test the CRSs with either the Hybrid II 6-year old child (H2-6C) dummy or the Hybrid III 6-year-old child (HIII-6C) dummy. This final rule amends the provision to permit manufacturers of currently-manufactured CRSs the choice of NHTSA testing their child restraints with either the H2-6C dummy or the HIII-6C dummy until further notice. While the HIII-6C is an advanced test dummy with state-of-the-art capabilities, NHTSA believes the agency should complete ongoing research programs to improve the usability of the HIII-6C dummy in FMVSS No. 213 before testing child restraints solely with this crash test dummy.
Federal Motor Vehicle Safety Standards No. 121; Air Brake Systems
Document Number: 2011-23043
Type: Proposed Rule
Date: 2011-09-09
Agency: National Highway Traffic Safety Administration, Department of Transportation
This Notice denies the petition for rulemaking from William B. Trescott, in which the petitioner requested that the National Highway Traffic Safety Administration (NHTSA) vacate Federal Motor Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems by removing requirements for antilock brake systems (ABS) for newly-manufactured vehicles equipped with air-brake systems; or that the agency require a driver-controllable switch that would allow the driver to deactivate the ABS on air-braked vehicles; or that the agency require the automatic deactivation of ABS on air braked vehicles when the vehicles are traveling at speeds greater than 55 mph. The petitioner claims that an agency report shows that ABS on tractor-trailers increases fatal crash involvements, and also that ABS allows incompetent truck drivers to drive trucks. The agency reviewed these claims and found them to be without merit, and concludes that the agency report cited by the petitioner does not support the conclusion that safety would be improved by allowing ABS to be deactivated. Rather, the data supports the conclusion that removing ABS from trucks would result in an increase in crashes.
Broadcast Applications and Proceedings; Fairness Doctrine and Digital Broadcast Television Redistribution Control; Fairness Doctrine, Personal Attacks, Political Editorials and Complaints Regarding Cable Programming Service Rates
Document Number: 2011-23010
Type: Rule
Date: 2011-09-09
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission makes several nonsubstantive, editorial revisions to parts 1, 73 and 76 of the Commission's rules. The Commission removes rules that are without current legal effect and are obsolete. The deleted rules include the fairness doctrine, broadcast flag rules and cable programming services complaint rules.
2,4-D; Pesticide Tolerances
Document Number: 2011-22984
Type: Rule
Date: 2011-09-09
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of 2,4-D in or on teff, bran; teff, forage; teff, grain; and teff, straw. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Mandipropamid; Pesticide Tolerances for Emergency Exemptions
Document Number: 2011-22983
Type: Rule
Date: 2011-09-09
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for residues of mandipropamid in or on basil, fresh and basil, dried. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on basil. This regulation establishes a maximum permissible level for residues of mandipropamid in or on these commodities. The time-limited tolerances expire on December 31, 2012.
Novaluron; Pesticide Tolerances
Document Number: 2011-22981
Type: Rule
Date: 2011-09-09
Agency: Environmental Protection Agency
This regulation establishes tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA) for residues of novaluron in or on multiple commodities which are identified and discussed later in this document. Additionally, the Agency is amending existing tolerances for meat byproducts and revising commodity terms for hog and poultry byproducts. Interregional Research Project Number 4 (IR-4) requested the sweet corn tolerances; Makhteshim-Agan of North America, Inc. requested the food and feed handling establishment tolerances.
Privacy Act of 1974; Proposed Implementation
Document Number: 2011-22979
Type: Proposed Rule
Date: 2011-09-09
Agency: Office of the Secretary, Department of the Treasury, Department of Treasury
In accordance with the requirements of the Privacy Act of 1974, the Department of the Treasury gives notice of a proposed amendment to this part to exempt a system of records from certain provisions of the Privacy Act.
Federal Acquisition Regulation; Constitutionality of Federal Contracting Programs for Minority-Owned and Other Small Businesses
Document Number: 2011-22944
Type: Proposed Rule
Date: 2011-09-09
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to address the impact of the decision in Rothe Development Corporation vs. the DoD and the U.S. Department of the Air Force (USAF) on small disadvantaged business concerns and certain institutions of higher education.
Amendments To Include New Applicant Types on Form ID
Document Number: 2011-22895
Type: Rule
Date: 2011-09-09
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission (``Commission'') is amending Form ID to include additional applicant types in order to facilitate processing of the form. Form ID is the application for access codes to file on the Commission's Electronic Data Gathering, Analysis, and Retrieval (``EDGAR'') system. The purpose of introducing these new applicant types is to improve the Commission's internal procedures for processing filings, including by routing Form ID filings to the appropriate internal office or division.
Approval of Clean Air Act Prevention of Significant Deterioration Permit Issued to Avenal Power Center, LLC To Construct the Avenal Energy Project
Document Number: 2011-22834
Type: Rule
Date: 2011-09-09
Agency: Environmental Protection Agency
This document announces that EPA has issued a final permit decision granting the Clean Air Act Prevention of Significant Deterioration (PSD) permit application submitted by Avenal Power Center, LLC to authorize construction of the Avenal Energy Project.
2011-2012 Refuge-Specific Hunting and Sport Fishing Regulations
Document Number: 2011-22752
Type: Rule
Date: 2011-09-09
Agency: Fish and Wildlife Service, Department of the Interior
The Fish and Wildlife Service adds one refuge to the list of areas open for hunting and/or sport fishing and increases the activities available at nine other refuges, along with adopting pertinent refuge-specific regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2011-2012 season.
Efficiency and Renewables Advisory Committee, Appliance Standards Subcommittee, Negotiated Rulemaking Subcommittee/Working Group for Liquid-Immersed and Medium-Voltage Dry Type Transformers
Document Number: 2011-22457
Type: Proposed Rule
Date: 2011-09-09
Agency: Department of Energy
This document announces an open meeting of the Negotiated Rulemaking Working Group for Liquid-Immersed and Medium-Voltage Dry Type Transformers (hereafter ``MV Group''). The MV Group is a working group within the Appliance Standards Subcommittee of the Efficiency and Renewables Advisory Committee (ERAC). The purpose of the MV Group is to discuss and, if possible, reach consensus on a proposed rule for regulating the energy efficiency of distribution transformers, as authorized by the Energy Policy Conservation Act (EPCA) of 1975, as amended, 42 U.S.C. 6313(a)(6)(C) and 6317(a). A separate Working Group on Low-Voltage Dry Type Transformers is being convened to discuss and, if possible, reach consensus on a proposed rule for regulating the energy efficiency of low-voltage transformers, as authorized by the Energy Policy Conservation Act (EPCA) of 1975, as amended, 42 U.S.C. 6313(a)(6)(C) and 6317(a) [76 FR 50148].
Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 Series Airplanes
Document Number: 2011-22277
Type: Rule
Date: 2011-09-09
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:
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 190 Airplanes
Document Number: 2011-22028
Type: Rule
Date: 2011-09-09
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:
Mandatory Reporting of Greenhouse Gases: Technical Revisions to the Electronics Manufacturing and the Petroleum and Natural Gas Systems Categories of the Greenhouse Gas Reporting Rule
Document Number: 2011-21725
Type: Proposed Rule
Date: 2011-09-09
Agency: Environmental Protection Agency
This action proposes technical revisions to the electronics manufacturing and the petroleum and natural gas systems source categories of the greenhouse gas reporting rule. Proposed changes include providing clarification on existing requirements, increasing flexibility for certain calculation methods, amending data reporting requirements clarifying terms and definitions, and technical corrections. In addition, the Environmental Protection Agency is proposing to amend the definition of heat transfer fluids in subpart I to include more fluorocarbons used as heat transfer fluids in the electronics manufacturing industry.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes
Document Number: 2011-21622
Type: Rule
Date: 2011-09-09
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:
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