September 14, 2011 – Federal Register Recent Federal Regulation Documents

Ohio: Final Authorization of State Hazardous Waste Management Program Revision
Document Number: 2011-23553
Type: Proposed Rule
Date: 2011-09-14
Agency: Environmental Protection Agency
Ohio has applied to EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has reviewed Ohio's application with regards to Federal requirements, and is proposing to authorize the State's changes.
Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District
Document Number: 2011-23550
Type: Proposed Rule
Date: 2011-09-14
Agency: Environmental Protection Agency
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) emissions from confined animal facilities (CAFs) and biosolids, animal manure, and poultry litter operations. We are approving local rules that regulate 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.
Approval and Promulgation of Air Quality Implementation Plans; California; Determinations of Failure To Attain the One-Hour Ozone Standard
Document Number: 2011-23544
Type: Proposed Rule
Date: 2011-09-14
Agency: Environmental Protection Agency
The EPA is proposing to determine that three areas in California, previously designated nonattainment for the one-hour ozone national ambient air quality standard (NAAQS), did not attain that standard by their applicable attainment dates: the Los Angeles-South Coast Air Basin Area (``South Coast''), the San Joaquin Valley Area (``San Joaquin Valley''), and the Southeast Desert Modified Air Quality Maintenance Area (``Southeast Desert''). These proposed determinations are based on three years of quality-assured and certified ambient air quality monitoring data for the period preceding the applicable attainment deadline.
Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Revisions to Safety and Environmental Management Systems
Document Number: 2011-23537
Type: Proposed Rule
Date: 2011-09-14
Agency: Department of the Interior, Bureau of Ocean Energy Management, Regulation and Enforcement
This rulemaking proposes to amend BOEMRE regulations to require operators to develop and implement additional provisions in their Safety and Environmental Management Systems (SEMS) programs for oil, gas, and sulphur operations in the Outer Continental Shelf (OCS). These revisions pertain to developing and implementing stop work authority and ultimate work authority, requiring employee participation in the development and implementation of SEMS programs, and establishing requirements for reporting unsafe working conditions. In addition, this proposed rule requires independent third parties to conduct audits of operators' SEMS programs and establishes further requirements relating to conducting job safety analysis (JSA) for activities identified in an operator's SEMS program. We believe that these new requirements will further reduce the likelihood of accidents, injuries, and spills in connection with OCS activities that are regulated under BOEMRE jurisdiction, by requiring OCS operators to specifically address issues associated with human behavior as it applies to their SEMS program.
Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Georgia: Atlanta; Determination of Attaining Data for the 1997 Annual Fine Particulate Matter Standards
Document Number: 2011-23527
Type: Proposed Rule
Date: 2011-09-14
Agency: Environmental Protection Agency
EPA is proposing to make two determinations regarding the Atlanta, Georgia, fine particulate (PM2.5) nonattainment area (hereafter referred to as the ``Atlanta Area'' or ``Area''). First, EPA is proposing to determine that the Area has attained the 1997 annual average PM2.5 National Ambient Air Quality Standards (NAAQS). This proposed determination of attaining data is based upon complete, quality-assured and certified ambient air monitoring data for the 2008-2010 period showing that the Area has monitored attainment of the 1997 annual PM2.5 NAAQS. If EPA finalizes this proposed determination of attaining data, the requirements for the Area to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plan (SIP) revisions related to attainment of the standard shall be suspended so long as the Area continues to attain the annual PM2.5 NAAQS. Second, EPA is also proposing to determine, based on quality-assured and certified monitoring data for the 2007-2009 monitoring period, that the area has attained the 1997 annual PM2.5 NAAQS by its applicable attainment date of April 5, 2010.
CLIA Program and HIPAA Privacy Rule; Patients' Access to Test Reports
Document Number: 2011-23525
Type: Proposed Rule
Date: 2011-09-14
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Office of the Secretary
This proposed rule would amend the Clinical Laboratory Improvement Amendments of 1988 (CLIA) regulations to specify that, upon a patient's request, the laboratory may provide access to completed test reports that, using the laboratory's authentication process, can be identified as belonging to that patient. Subject to conforming amendments, the proposed rule would retain the existing provisions that provide for release of test reports to authorized persons and, if applicable, the individuals (or their personal representative) responsible for using the test reports and, in the case of reference laboratories, the laboratory that initially requested the test. In addition, this proposed rule would also amend the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to provide individuals the right to receive their test reports directly from laboratories by removing the exceptions for CLIA-certified laboratories and CLIA-exempt laboratories from the provision that provides individuals with the right of access to their protected health information.
Atrazine, Chloroneb, Chlorpyrifos, Clofencet, Endosulfan, et al.; Tolerance Actions
Document Number: 2011-23515
Type: Rule
Date: 2011-09-14
Agency: Environmental Protection Agency
EPA is revoking certain tolerances in follow-up to canceled uses for chloroneb, chlorpyrifos, clofencet, endosulfan, ethyl parathion, methidathion, methyl parathion, and N,N-diethyl-2-(4- methylbenzyloxy)ethylamine, modifying certain tolerances for atrazine, setting a revocation date for specific endosulfan tolerances, and making minor revisions to tolerance expressions for a few of the aforementioned pesticide ingredients. Also, EPA is removing expired tolerances for methidathion, and ethyl and methyl parathion.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure
Document Number: 2011-23507
Type: Rule
Date: 2011-09-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS closes the western zone of the Gulf of Mexico (Gulf) to commercial king mackerel fishing in the exclusive economic zone (EEZ). This closure is necessary to protect the Gulf king mackerel resource.
Sunscreen Drug Products for Over-the-Counter Human Use; Request for Data and Information Regarding Dosage Forms; Extension of Comment Period
Document Number: 2011-23479
Type: Proposed Rule
Date: 2011-09-14
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is extending the comment period for the advance notice of proposed rulemaking (ANPRM) that published on June 17, 2011. The ANPRM is requesting data and information on certain dosage forms of over-the-counter (OTC) sunscreen drug products marketed without approved applications. The comment period for that ANPRM will end on September 15, 2011. This document extends the comment period to October 17, 2011.
Airworthiness Directives; Airbus Model A330-200 and -300 Series Airplanes; Model A340-200 and -300 Series Airplanes; Model A340-500 and -600 Series Airplanes
Document Number: 2011-23470
Type: Proposed Rule
Date: 2011-09-14
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:
Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL
Document Number: 2011-23463
Type: Rule
Date: 2011-09-14
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the regulations found in 33 CFR 165.931 for Navy Pier Fireworks in Chicago, Illinois. This event occurs in the Captain of the Port, Sector Lake Michigan's zone from September 10, 2011 through October 29, 2011. This action is necessary and intended to ensure safety of life on the navigable waters of the United States immediately prior to, during, and immediately after fireworks events. During the aforementioned period, restrictions will be enforced upon, and control movement of, vessels in a specified area immediately prior to, during, and immediately after fireworks events. During the enforcement period, no person or vessel may enter the safety zones without permission of the Captain of the Port, Sector Lake Michigan.
Safety Zone; Head of the Cuyahoga, Cuyahoga River, Cleveland, OH
Document Number: 2011-23462
Type: Rule
Date: 2011-09-14
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the Cuyahoga River, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of the Cuyahoga River during the Head of the Cuyahoga. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with a rowing regatta.
Tuberculosis in Cattle and Bison; State and Zone Designations; Michigan
Document Number: 2011-23432
Type: Rule
Date: 2011-09-14
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the bovine tuberculosis regulations to adjust the boundaries of the modified accredited, modified accredited advanced, and accredited-free tuberculosis risk classification zones for the State of Michigan. We have determined that 55 counties that are currently designated modified accredited advanced status now meet our requirements for accredited-free status. In addition, Iosco and Ogemaw Counties, of which some portions are designated modified accredited and other portions designated modified accredited advanced, now meet the requirements for accredited-free status. We also have determined that Presque Isle County, which is currently designated modified accredited, now meets our requirements for modified accredited advanced status. These actions lessen restrictions on the interstate movement of cattle and bison from these areas of Michigan.
Unlicensed Operation in the TV Broadcast Bands
Document Number: 2011-23426
Type: Rule
Date: 2011-09-14
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements contained in the regulations for issues relating to the unlicensed use of the TV bands (TV White Space). The information collection requirements were approved on September 7, 2011 by OMB.
Proposed Flood Elevation Determinations
Document Number: 2011-23413
Type: Proposed Rule
Date: 2011-09-14
Agency: Federal Emergency Management Agency, Department of Homeland Security
Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this proposed rule is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
Video Description Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010
Document Number: 2011-23382
Type: Rule
Date: 2011-09-14
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements contained in the regulations for issues relating to the video description rules. The final information collection requirements were approved on September 8, 2011 by OMB. The Commission received OMB preapproval for the proposed requirements on April 22, 2011. The information collection requirements were adopted as proposed.
Approval and Promulgation of Air Quality Implementation Plans; Ohio and West Virginia; Determinations of Attainment of the 1997 Annual Fine Particle Standard for Four Nonattainment Areas
Document Number: 2011-23367
Type: Rule
Date: 2011-09-14
Agency: Environmental Protection Agency
EPA is taking final action determining that the fine particulate matter (PM2.5) nonattainment areas of Cleveland- Akron, Columbus, Dayton-Springfield, and Steubenville-Weirton (hereafter referred to as ``Areas'') have attained the 1997 annual average PM2.5 National Ambient Air Quality Standard (NAAQS) under the Clean Air Act (CAA). EPA is also determining, based on quality-assured, quality-controlled, and certified ambient air monitoring data for the 2007-2009 monitoring period, that these Areas have attained the 1997 annual PM2.5 NAAQS by the applicable attainment date of April 5, 2010.
Sulfur Dioxide; Pesticide Tolerances for Emergency Exemptions
Document Number: 2011-23359
Type: Rule
Date: 2011-09-14
Agency: Environmental Protection Agency
This regulation establishes a time-limited tolerance for residues of sulfur dioxide in or on fig. This action is associated with the utilization of a crisis exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on figs. This regulation establishes a maximum permissible level for residues of sulfur dioxide, including its metabolites and degradates (determined by measuring only sulfur dioxide (SO2)), in or on fig at 10 parts per million (ppm). This time-limited tolerance expires on December 31, 2014.
Energy Conservation Program: Test Procedures for General Service Fluorescent Lamps, General Service Incandescent Lamps, and Incandescent Reflector Lamps
Document Number: 2011-23249
Type: Proposed Rule
Date: 2011-09-14
Agency: Department of Energy
The U.S. Department of Energy (DOE) is proposing to revise its test procedures for general service fluorescent lamps (GSFLs) and general service incandescent lamps (GSILs) established under the Energy Policy and Conservation Act (EPCA). DOE is not proposing changes to the existing test procedure for incandescent reflector lamps (IRLs) established under EPCA. For GSFLs and GSILs, DOE is proposing to update several citations and references to the industry standards currently referenced in DOE's test procedures. DOE is also proposing to establish a lamp lifetime test procedure for GSILs. Additionally, in this NOPR, DOE is requesting comments on all aspects of the GSFL, GSIL, and IRL test procedures and whether any further amendments are necessary. DOE's review of the GSFL, GSIL, and IRL test procedures fulfills the EPCA requirement that DOE review test procedures for all covered products at least once every seven years. Finally, DOE is proposing to extend the compliance certification date for GSILs so as to be consistent with the compliance date of the amended test procedure. DOE is also announcing a public meeting to discuss and receive comments on the issues presented in this rulemaking.
Energy Efficiency Program for Consumer Products: Public Meeting and Availability of the Framework Document for General Service Fluorescent Lamps and Incandescent Reflector Lamps
Document Number: 2011-23245
Type: Proposed Rule
Date: 2011-09-14
Agency: Department of Energy
The U.S. Department of Energy (DOE or the Department) is initiating the rulemaking and data collection process to consider establishing amended energy conservation standards for certain general service fluorescent lamps (GSFLs) and incandescent reflector lamps (IRLs). Accordingly, DOE will hold a public meeting to discuss and receive comments on its planned analytical approach and the issues it will address in this rulemaking proceeding. DOE welcomes written comments from the public on this rulemaking. To inform stakeholders and to facilitate this process, DOE has prepared a framework document which details the analytical approach and identifies several issues on which DOE is particularly interested in receiving comment. The framework document is posted at: https://www.eere.energy.gov/buildings/appliance_ standards/residential/incandescent_lamps.html.
Designation of Product Categories for Federal Procurement
Document Number: 2011-23067
Type: Proposed Rule
Date: 2011-09-14
Agency: Department of Agriculture
The U.S. Department of Agriculture (USDA) is proposing to amend the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add 13 sections that will designate the following product categories within which biobased products would be afforded Federal procurement preference: Air fresheners and deodorizers; asphalt and tar removers; asphalt restorers; blast media; candles and wax melts; electronic components cleaners; floor coverings (non-carpet); foot care products; furniture cleaners and protectors; inks; packaging and insulating materials; pneumatic equipment lubricants; and wood and concrete stains. USDA is also proposing minimum biobased contents for each of these product categories.
Airworthiness Directives; Lycoming Engines Model IO-720-A1B Reciprocating Engines
Document Number: 2011-22244
Type: Rule
Date: 2011-09-14
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain model IO-720-A1B Lycoming Engines reciprocating engines. This AD requires a crankshaft inspection for certain parts that may be installed. This AD was prompted by the failure of a crankshaft due to incorrect parts installed. We are issuing this AD to prevent engine crankshaft failure and damage to the airplane.
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