September 13, 2011 – Federal Register Recent Federal Regulation Documents

National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List
Document Number: 2011-23522
Type: Proposed Rule
Date: 2011-09-13
Agency: Environmental Protection Agency
On July 15, 2011, EPA published a Notice of Intent to Delete and a direct final Notice of Deletion for the Hipps Road Landfill from the National Priorities List. The EPA is withdrawing the Notice of Intent to Delete due to an administrative error in processing the deletion notice. The online Federal Document Management System (FDMS) did not include required documents including the State of Florida's concurrence letter and the Final Closeout Report as required. The FDMS will be updated to include these documents. After the administrative error is corrected on the intent to delete the Hipps Road Landfill Superfund Site from the National Priority List, EPA will re-publish a Notice of Intent to Delete in the Federal Register.
National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List
Document Number: 2011-23519
Type: Rule
Date: 2011-09-13
Agency: Environmental Protection Agency
On July 15, 2011, EPA published a Notice of Intent to Delete and a direct final Notice of Deletion for the Hipps Road Landfill from the National Priorities List. The EPA is withdrawing the Final Notice of Deletion due to an administrative error in processing the direct- final rule. The online Federal Document Management System (FDMS) did not include required documents including the State of Florida's concurrence letter and the Final Closeout Report as required. The FDMS will be updated to include these documents and the direct final rule will be reissued in the Federal Register.
Expedited Vocational Assessment Under the Sequential Evaluation Process
Document Number: 2011-23396
Type: Proposed Rule
Date: 2011-09-13
Agency: Social Security Administration, Agencies and Commissions
We propose to give adjudicators the discretion to proceed to the fifth step of the sequential evaluation process for assessing disability when we have insufficient information about a claimant's past relevant work history to make the findings required for step 4. If an adjudicator finds at step 5 that a claimant may be unable to adjust to other work existing in the national economy, the adjudicator would return to the fourth step to develop the claimant's work history and make a finding about whether the claimant can perform his or her past relevant work. This proposed new process would not disadvantage any claimant or change the ultimate conclusion about whether a claimant is disabled, but it would promote administrative efficiency and help us make more timely disability determinations and decisions.
Fisheries Off West Coast States; Highly Migratory Species Fisheries; Annual Catch Limits and Accountability Measures
Document Number: 2011-23387
Type: Rule
Date: 2011-09-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a final rule under authority of the Magnuson- Stevens Fishery Conservation and Management Act (MSA) to implement Amendment 2 to the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). NMFS approved Amendment 2 on June 12, 2011. The final rule implements regulatory components specified under Amendment 2 by changing the suite of management unit species and modifying the process for revising numerical estimates of maximum sustainable yield and optimal yield, and specify status determination criteria so that overfishing and overfished determinations can be made for all management unit species. The final rule is necessary to ensure that the HMS FMP is consistent with the objectives of National Standard 1 in the MSA. National Standard 1 mandates that ``Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the U.S. fishing industry.''
Atlantic Surfclam and Ocean Quahog Fisheries; 2012 Fishing Quotas for Atlantic Surfclams and Ocean Quahogs; and Suspension of Minimum Atlantic Surfclam Size Limit
Document Number: 2011-23373
Type: Rule
Date: 2011-09-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS suspends the minimum size limit for Atlantic surfclams for the 2012 fishing year. NMFS also announces that the quotas for the Atlantic surfclam and ocean quahog fisheries for 2012 will remain status quo. Regulations governing these fisheries require NMFS to notify the public in the Federal Register of the allowable harvest levels for Atlantic surfclams and ocean quahogs from the Exclusive Economic Zone if the previous year's quota specifications remain unchanged.
Capital Project Management
Document Number: 2011-23371
Type: Proposed Rule
Date: 2011-09-13
Agency: Federal Transit Administration, Department of Transportation
This proposal would transform the current FTA rule for project management oversight into a discrete set of managerial principles for sponsors of major capital projects; enable FTA to more clearly identify the necessary management capacity and capability of a sponsor of a major capital project; spell out the many facets of project management that must be addressed by a sponsor of a major capital project in a project management plan; change the scope and applicability of the rule; tailor the level of FTA oversight to the costs, complexities, and risks of a major capital project; set forth the means and objectives of FTA risk assessments; and articulate the roles and responsibilities of FTA's project management oversight contractors.
Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Framework Adjustment (FW) 45; Adjustments for Fishing Year (FY) 2011
Document Number: 2011-23369
Type: Rule
Date: 2011-09-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS adjusts the differential days-at-sea (DAS) rate for common pool vessels for FY 2011 due to overages of FY 2010 catch levels. This measure will help prevent FY 2011 catch levels from being exceeded. NMFS also announces the amount of unused FY 2010 annual catch entitlement (ACE) carryover available to each sector in FY 2011, and adjusts the final number of vessels fishing in a sector in FY 2011.
Parts and Accessories Necessary for Safe Operation; Saddle-Mount Braking Requirements
Document Number: 2011-23344
Type: Rule
Date: 2011-09-13
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) amends the Federal Motor Carrier Safety Regulations (FMCSRs) to eliminate the requirement for operational brakes on the last saddle-mounted truck or tractor in a triple saddle-mount combination, except when a full mount is present. This is in response to a petition for rulemaking from the Automobile Carriers Conference (ACC) of the American Trucking Associations (ATA), which stated that this requirement degrades the braking performance of these combinations because the lightly loaded axle of the last vehicle tends to lock up under heavy braking.
Standards of Ethical Conduct for Employees of the Executive Branch; Proposed Amendments Limiting Gifts From Registered Lobbyists and Lobbying Organizations
Document Number: 2011-23311
Type: Proposed Rule
Date: 2011-09-13
Agency: Office of Government Ethics, Government Ethics Office, Agencies and Commissions
The Office of Government Ethics is proposing amendments to the regulation governing standards of ethical conduct for executive branch employees of the Federal Government, to impose limits on the use of gift exceptions by all employees to accept gifts from registered lobbyists and lobbying organizations, and to implement the lobbyist gift ban for appointees required to sign the Ethics Pledge prescribed by Executive Order 13490.
Proposed Modification of Class E Airspace; Driggs, ID
Document Number: 2011-23289
Type: Proposed Rule
Date: 2011-09-13
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify Class E airspace at Driggs-Reed Memorial Airport, Driggs, ID. Controlled airspace is necessary to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Driggs-Reed Memorial Airport, Driggs, ID. This action also would note the airport name change and adjust the geographic coordinates of the airport. The FAA is proposing this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at Driggs-Reed Memorial Airport, Driggs, ID.
Proposed Amendment of Class E Airspace; Anaktuvuk Pass, AK
Document Number: 2011-23288
Type: Proposed Rule
Date: 2011-09-13
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to revise Class E airspace at Anaktuvuk Pass, AK. The creation of two standard instrument approach procedures at the Anaktuvuk Pass Airport has made this action necessary to enhance safety and management of Instrument Flight Rules (IFR) operations.
Energy Conservation Program for Consumer Products: Test Procedures for Residential Furnaces and Boilers (Standby Mode and Off Mode)
Document Number: 2011-23286
Type: Proposed Rule
Date: 2011-09-13
Agency: Department of Energy
In an earlier final rule, the U.S. Department of Energy (DOE) prescribed amendments to its test procedures for residential furnaces and boilers to include provisions for measuring the standby mode and off mode energy consumption of those products, as required by the Energy Independence and Security Act of 2007. These test procedure amendments are primarily based on provisions incorporated by reference from the International Electrotechnical Commission (IEC) Standard 62301 (First Edition), ``Household electrical appliancesMeasurement of standby power.'' This document proposes to further update the DOE test procedure through incorporation by reference of the latest edition of the industry standard, specifically IEC Standard 62301 (Second Edition). The new version of this IEC standard includes a number of methodological changes designed to increase accuracy while reducing testing burden. DOE's review suggests that this document represents an improvement over the prior version, so DOE has decided to exercise its discretion to consider the revised IEC standard. DOE is also announcing a public meeting to discuss and receive comments on the issues presented in this rulemaking.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Franklin's Bumble Bee as Endangered
Document Number: 2011-23282
Type: Proposed Rule
Date: 2011-09-13
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Franklin's bumble bee (Bombus franklini) as endangered and to designate critical habitat 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 this species 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 Franklin's bumble bee 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.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List 42 Great Basin and Mojave Desert Springsnails as Threatened or Endangered With Critical Habitat
Document Number: 2011-23272
Type: Proposed Rule
Date: 2011-09-13
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list 42 Great Basin and Mojave Desert springsnails as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). We addressed 3 of the 42 petitioned species in a 90-day finding dated August 18, 2009, in which we found that substantial scientific or commercial information was presented indicating that listing may be warranted for those 3 species. In this finding, we find that the petition does not present substantial scientific or commercial information indicating that listing 7 of the remaining 39 may be warranted. In addition, we find that the petition presents substantial scientific or commercial information indicating that listing may be warranted for 32 of the remaining 39 species. Therefore, with the publication of this notice, we are initiating status reviews of these 32 species to determine if listing is warranted. To ensure that the status reviews are comprehensive, we are requesting scientific and commercial data and other information regarding these 32 species. Based on the status reviews, we will issue 12-month findings on these 32 species, which will address whether the petitioned actions are warranted, as provided in the Act. If an emergency situation develops for any of the 42 petitioned species that warrants emergency listing, we will act immediately to provide necessary protection.
Inflatable Personal Flotation Devices
Document Number: 2011-23271
Type: Rule
Date: 2011-09-13
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is withdrawing its direct final rule published on March 30, 2011. The direct final rule notified the public of the Coast Guard's intent to harmonize structural and performance standards for inflatable recreational personal flotation devices (PFDs) with current voluntary industry consensus standards, and to slightly modify regulatory text in anticipation of a future rulemaking addressing the population for which inflatable recreational PFDs are approved. The Coast Guard is withdrawing that rule because we received an adverse comment. That rule will not become effective as scheduled. Instead, the Coast Guard plans to consider these issues in a notice of proposed rulemaking.
Removal of Approved Non-U.S.-Licensed Space Stations From the Section 214 Exclusion List
Document Number: 2011-23270
Type: Proposed Rule
Date: 2011-09-13
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission's (Commission's) International Bureau (Bureau) adopts its proposal to remove from the Section 214 Exclusion List those non-U.S.-licensed space stations that have been allowed to enter the U.S. market for satellite services pursuant to the procedures adopted in the DISCO II Order.
Schools and Libraries Universal Service Support Mechanism and a National Broadband Plan for Our Future
Document Number: 2011-23267
Type: Rule
Date: 2011-09-13
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) adds the statutory language from the Protecting Children in the 21st Century Act regarding the education of students about appropriate online behavior to the existing Commission rules implementing the Children's Internet Protection Act (CIPA) for the schools and libraries universal service support mechanism (also known as the E-rate program). The Commission also makes minor non-substantive revisions to its rules to conform to existing statutory language from the CIPA statute where necessary. Finally, the Commission makes minor corrections to its Schools and Libraries Sixth Report and Order.
Hazardous Materials: Minor Editorial Corrections and Clarifications
Document Number: 2011-23167
Type: Rule
Date: 2011-09-13
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do not impose new requirements.
Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Series Airplanes
Document Number: 2011-23131
Type: Rule
Date: 2011-09-13
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. 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:
Energy Conservation Program for Consumer Products: Test Procedures for Residential Water Heaters, Direct Heating Equipment, and Pool Heaters (Standby Mode and Off Mode)
Document Number: 2011-23089
Type: Proposed Rule
Date: 2011-09-13
Agency: Department of Energy
On August 30, 2010, the U.S. Department of Energy (DOE) published a notice of proposed rulemaking (NOPR) in which DOE proposed to amend, where appropriate, its test procedures for residential water heaters, direct heating equipment, and pool heaters to include provisions for measuring standby mode and off mode energy consumption, as required by the Energy Independence and Security Act of 2007 (EISA 2007). (DOE notes that the test procedure and metric for residential water heaters currently address and incorporate standby mode and off mode energy consumption, so DOE has tentatively concluded that no related amendments are required for those products.). These proposed test procedure amendments are primarily based on provisions of the International Electrotechnical Commission (IEC) Standard 62301, ``Household electrical appliancesMeasurement of standby power,'' that DOE would incorporate by reference into its regulations. The NOPR relied upon IEC Standard 62301 (First Edition 2005-06), which was the most current version at the time. However, the IEC recently adopted a new version of its standard which includes a number of methodological changes designed to increase accuracy while reducing testing burden. DOE's review suggests that this document represents an improvement over the prior version. Accordingly, today's supplemental notice of proposed rulemaking (SNOPR) proposes to incorporate the latest edition of that standardIEC Standard 62301 (Second Edition 2011).
Availability of Information, Public Observation of Meetings, Procedure, Practice for Hearings, and Post-Employment Restrictions for Senior Examiners; Savings and Loan Holding Companies
Document Number: 2011-22854
Type: Rule
Date: 2011-09-13
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors of the Federal Reserve System (``Board'') is publishing an interim final rule with a request for public comment that sets forth regulations for savings and loan holding companies (``SLHCs''). On July 21, 2011, the responsibility for supervision and regulation of SLHCs transferred from the Office of Thrift Supervision (``OTS'') to the Board pursuant to section 312 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd- Frank Act''). This interim final rule provides for the corresponding transfer from the OTS to the Board of the regulations necessary for the Board to administer the statutes governing SLHCs. Technical changes to other regulations have also been made to account for the transfer of authority over SLHCs to the Board.
Airworthiness Directives; Airbus Model A330-201, -202, -203, -223, and -243 Airplanes, Model A330-300 Series Airplanes, Model A340-200 Series Airplanes, and Model A340-300 Series Airplanes
Document Number: 2011-22635
Type: Rule
Date: 2011-09-13
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; Bombardier, Inc. Model DHC-8-400 Series Airplanes
Document Number: 2011-22468
Type: Rule
Date: 2011-09-13
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) that applies to 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; Airbus Model A330-200 and -300 Series Airplanes, and Model A340-200 and -300 Series Airplanes
Document Number: 2011-22380
Type: Rule
Date: 2011-09-13
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; Bombardier, Inc. Model DHC-8-400 Series Airplanes
Document Number: 2011-22278
Type: Rule
Date: 2011-09-13
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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