September 28, 2011 – Federal Register Recent Federal Regulation Documents

Isaria fumosorosea Apopka Strain 97; Exemption From the Requirement of a Tolerance
Document Number: 2011-24990
Type: Rule
Date: 2011-09-28
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of Isaria fumosorosea (formerly known as Paecilomyces fumosoroseus) Apopka strain 97 in or on all food commodities when applied as an insecticide or miticide and used in accordance with good agricultural practices. Certis USA, LLC, submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA) requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Isaria fumosorosea Apopka strain 97 under the FFDCA.
Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Withdrawal of proposed rule
Document Number: 2011-24984
Type: Proposed Rule
Date: 2011-09-28
Agency: Environmental Protection Agency
Because EPA has discovered additional information which we believe is pertinent for consideration in this decision, we are withdrawing the proposed rule to grant an exclusion for Republic Services, Inc./BFI Gulf West Landfill (Gulf West) located in Anahuac, TX, published on January 28, 2011. This notice removes the proposed rule published in 76 FR 5110 (January 28, 2011) for public review and comment.
Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles
Document Number: 2011-24978
Type: Rule
Date: 2011-09-28
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document contains corrections to the final rule regulations (49 CFR 535.6), which were published in the Federal Register of Thursday, September 15, 2011 (76 FR 57106). The regulations established fuel efficiency standards for medium- and heavy-duty engines and vehicles, as prescribed under the Energy Independence and Security Act (49 U.S.C. 32902(k)(2)).
Fisheries of the Exclusive Economic Zone Off Alaska; “Other Rockfish” in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area
Document Number: 2011-24977
Type: Rule
Date: 2011-09-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting retention of ``other rockfish'' in the Aleutian Island subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2011 total allowable catch (TAC) of ``other rockfish'' in the Aleutian Island subarea of the BSAI has been reached.
Fisheries of the Exclusive Economic Zone Off Alaska; Skates in the Bering Sea and Aleutian Islands Management Area
Document Number: 2011-24975
Type: Rule
Date: 2011-09-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting retention of skates in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2011 total allowable catch (TAC) of skates in the BSAI has been reached.
Pacific Cod by Non-American Fisheries Act Crab Vessels Harvesting Pacific Cod for Processing by the Inshore Component in the Western Regulatory Area of the Gulf of Alaska
Document Number: 2011-24972
Type: Rule
Date: 2011-09-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by non- American Fisheries Act (AFA) crab vessels that are subject to sideboard limits harvesting Pacific cod for processing by the inshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2011 Pacific cod sideboard limit established for non-AFA crab vessels harvesting Pacific cod for processing by the inshore component in the Western Regulatory Area of the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Sharks in the Bering Sea and Aleutian Islands Management Area
Document Number: 2011-24970
Type: Rule
Date: 2011-09-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting retention of sharks in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2011 total allowable catch (TAC) of sharks in the BSAI has been reached.
Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Postponement of Effective Date
Document Number: 2011-24969
Type: Rule
Date: 2011-09-28
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (Department) is postponing the effective date of the Wage Methodology for the Temporary Non- Agricultural Employment H-2B Program; Final Rule, 76 FR 3452, Jan. 19, 2011, (the Wage Rule). The Wage Rule revised the methodology by which we calculate the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status. The effective date of the Wage Rule was set at January 1, 2012. However, the Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Amendment of Effective Date; Final Rule, 76 FR 45667, August 1, 2011 revised the effective date to September 30, 2011. Due to pending legal challenges, we are postponing the effective date of the Wage Rule to November 30, 2011, pursuant to the Administrative Procedure Act, 5 U.S.C. 705.
Branded Prescription Drug Fee; Correction
Document Number: 2011-24913
Type: Rule
Date: 2011-09-28
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to a notice of proposed rulemaking that was published in the Federal Register on Thursday, August 18, 2011. The proposed regulation provides guidance relating to the branded prescription drug fee imposed by the Affordable Care Act.
Branded Prescription Drug Fee; Correction
Document Number: 2011-24911
Type: Rule
Date: 2011-09-28
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to temporary regulations that were published in the Federal Register on Thursday, August 18, 2011. The temporary regulations provide guidance on the annual fee imposed on covered entities engaged in the business of manufacturing or importing branded prescription drugs. This fee was enacted by section 9008 of the Patient Protection and Affordable Care Act, as amended by section 1404 of the Health Care and Education Reconciliation Act of 2010.
Branded Prescription Drug Fee; Correction
Document Number: 2011-24903
Type: Rule
Date: 2011-09-28
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to temporary regulations (TD 9544) that were published in the Federal Register on Thursday, August 18, 2011. The temporary regulations provide guidance on the annual fee imposed on covered entities engaged in the business of manufacturing or importing branded prescription drugs. This fee was enacted by section 9008 of the Patient Protection and Affordable Care Act, as amended by section 1404 of the Health Care and Education Reconciliation Act of 2010.
Proposed Flood Elevation Determinations
Document Number: 2011-24898
Type: Proposed Rule
Date: 2011-09-28
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.
Interconnected VoIP Service; Wireless E911 Location Accuracy Requirements; E911 Requirements for IP-Enabled Service Providers
Document Number: 2011-24865
Type: Rule
Date: 2011-09-28
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission continues to strengthen its existing Enhanced 911 (E911) location accuracy regime for wireless carriers by retaining the existing handset-based and network-based location accuracy standards and the eight-year implementation period established in our September 2010 E911 Location Accuracy Second Report and Order but providing for phasing out the network-based standard over time. We also require all Commercial Mobile Radio Service (CMRS) providers, launching new stand-alone networks, to comply with the handset-based location criteria, regardless of the location technology they actually use. In addition, we will require wireless carriers to periodically test their outdoor E911 location accuracy results and to share the results with Public Safety Answering Points (PSAPs), state 911 offices, and the Commission, subject to confidentiality safeguards.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Citizenship and Immigration Services-015 Electronic Immigration System-2 Account and Case Management System of Records
Document Number: 2011-24857
Type: Proposed Rule
Date: 2011-09-28
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/U.S. Citizenship and Immigration Services-015 Electronic Immigration System-2 Account and Case Management System of Records'' and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Airworthiness Directives; BRP-Powertrain GMBH & CO KG 914 F2, 914 F3, and 914 F4 Reciprocating Engines
Document Number: 2011-24842
Type: Proposed Rule
Date: 2011-09-28
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) issued 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:
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Prevention of Significant Deterioration Greenhouse Gas Tailoring Rule
Document Number: 2011-24790
Type: Rule
Date: 2011-09-28
Agency: Environmental Protection Agency
EPA is approving revisions to the Indiana State Implementation Plan (SIP), submitted by the Indiana Department of Environmental Management (IDEM) to EPA on July 7, 2011. The SIP revision modifies Indiana's Prevention of Significant Deterioration (PSD) program to establish appropriate emission thresholds for determining which new stationary sources and modification projects become subject to Indiana's PSD permitting requirements for their greenhouse gas (GHG) emissions. EPA proposed approval of these regulatory revisions on June 17, 2011, and received no comments. This action affects major stationary sources in Indiana that have GHG emissions above the thresholds established in the PSD regulations.
Designation of Agent To Receive Notification of Claimed Infringement
Document Number: 2011-24780
Type: Proposed Rule
Date: 2011-09-28
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is issuing this Notice of Proposed Rulemaking to solicit public comment on proposals to update its interim regulations governing the designation by online service providers of agents to receive notifications of claimed copyright infringement as provided for in the Copyright Act.
Occupational Injury and Illness Recording and Reporting Requirements-NAICS Update and Reporting Revisions
Document Number: 2011-24779
Type: Proposed Rule
Date: 2011-09-28
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA is reopening the rulemaking record to allow interested persons to comment on OSHA's proposal to update Appendix A to Subpart B of its Injury and Illness Recording and Reporting regulation and the proposed requirement to report to OSHA, within eight hours, all work- related fatalities and all work-related in-patient hospitalizations; and within 24 hours, all work-related amputations. The docket is being reopened in response to a request made by the National Automobile Dealers Association. The record will remain open for 30 days.
Special Local Regulation, Hydroplane Races, Lake Sammamish, WA
Document Number: 2011-24728
Type: Rule
Date: 2011-09-28
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the Special Local Regulation, Hydroplane Races within the Captain of the Port Puget Sound Area of Responsibility for the 2011 Fall Championship hydroplane event in Lake Sammamish, WA from 11 a.m. until 4:30 p.m. from September 30, 2011 through October 2, 2011. This action is necessary to restrict vessel movement in the vicinity of the race courses thereby ensuring the safety of participants and spectators during these events. During the enforcement period non-participant vessels are prohibited from entering the designated race areas. Spectator craft entering, exiting or moving within the spectator area must operate at speeds which will create a minimum wake.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Implementation of Nondiscretionary, Non-Electronic Benefits Transfer-Related Provisions
Document Number: 2011-24722
Type: Rule
Date: 2011-09-28
Agency: Department of Agriculture, Food and Nutrition Service
This final rule incorporates into the regulations governing the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) several changes set forth in the Healthy, Hunger-Free Kids Act of 2010 (HHFK Act). These provisions address: certification periods for children participating in the WIC Program; increased emphasis on breastfeeding promotion and support; compiling and publishing data for partially and fully breastfed infants; sharing nutrition education materials with institutions participating in the Child and Adult Care Food Program (CACFP); and infant formula (and other foods) rebate management.
IFR Altitudes; Miscellaneous Amendments
Document Number: 2011-24718
Type: Rule
Date: 2011-09-28
Agency: Federal Aviation Administration, Department of Transportation
This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.
Closed Captioning of Internet Protocol-Delivered Video Programming: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010
Document Number: 2011-24703
Type: Proposed Rule
Date: 2011-09-28
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission proposes rules to implement provisions of the Twenty-First Century Communications and Video Accessibility Act of 2010 (``CVAA'') that mandate rules for closed captioning of certain video programming delivered using Internet protocol (``IP''). The Commission seeks comment on rules that would apply to the distributors, providers, and owners of IP-delivered video programming, as well as the devices that display such programming.
Amisulbrom; Pesticide Tolerances
Document Number: 2011-24685
Type: Rule
Date: 2011-09-28
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of amisulbrom in or on grapes and tomatoes. Nissan Chemical Industries, Inc., c/o Lewis & Harrison requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Treatment of Aliens Whose Employment Creation Immigrant (EB-5) Petitions Were Approved After January 1, 1995 and Before August 31, 1998
Document Number: 2011-24619
Type: Proposed Rule
Date: 2011-09-28
Agency: Department of Homeland Security
The Department of Homeland Security (DHS) is proposing to amend its regulations governing the employment creation (EB-5) immigrant classification. This rule only proposes requirements and procedures for special determinations on the applications and petitions of qualifying aliens whose employment-creation immigrant petitions were approved by the former Immigration and Naturalization Service (INS) after January 1, 1995 and before August 31, 1998. This rule would implement provisions of the 21st Century Department of Justice Appropriations Authorization Act.
Endangered and Threatened Wildlife and Plants; Revised Endangered Status, Revised Critical Habitat Designation, and Taxonomic Revision for Monardella linoides ssp. viminea
Document Number: 2011-24608
Type: Proposed Rule
Date: 2011-09-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the June 9, 2011, proposed rule to revise the listing and critical habitat designation for Monardella viminea (willowy monardella) under the Endangered Species Act of 1973, as amended (Act) (76 FR 33880). We also announce the availability of a draft economic analysis (DEA) of the proposed revised designation of critical habitat for Monardella viminea and an amended required determinations section of the proposal. In the proposed rule that published June 9, 2011 (76 FR 33880), we recognized the taxonomic split of the listed entity, Monardella linoides ssp. viminea, into two distinct full species: Monardella viminea (willowy monardella) and Monardella stoneana (Jennifer's monardella). We proposed to retain the listing status of Monardella viminea as endangered; we proposed to remove protections afforded by the Act from those individuals now recognized as a separate species, Monardella stoneana, because the new species does not meet the definition of endangered or threatened under the Act; and we proposed revised critical habitat for Monardella viminea. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed listing determinations and critical habitat designation, the associated DEA, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.
Federal Travel Regulation (FTR); Terms and Definitions for “Dependent”, “Domestic Partner”, “Domestic Partnership”, and “Immediate Family”
Document Number: 2011-24605
Type: Rule
Date: 2011-09-28
Agency: General Services Administration, Agencies and Commissions
GSA has adopted as final, with two changes, an interim rule amending the Federal Travel Regulation (FTR) by adding terms and definitions for ``Dependent'', ``Domestic partner'', and ``Domestic partnership'', and by revising the definition of ``Immediate family'' to include ``Domestic partner'' and children, dependent parents, and dependent brothers and sisters of the Domestic partner as named members of the employee's household. This final rule also adds references to domestic partners and domestic partnerships, where applicable, in the FTR.
Fluazifop-P-butyl; Pesticide Tolerances
Document Number: 2011-24517
Type: Rule
Date: 2011-09-28
Agency: Environmental Protection Agency
This regulation establishes and increases tolerances for residues of fluazifop-P-butyl in or on cotton, gin byproducts; cotton, refined oil; and cotton, undelinted seed. Syngenta Crop Protection requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Prohibition Against Conflicts of Interest in Certain Securitizations
Document Number: 2011-24404
Type: Proposed Rule
Date: 2011-09-28
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission (``Commission'') is proposing for comment a new rule under the Securities Act of 1933 (``Securities Act'') to implement the prohibition under Section 621 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (``Dodd-Frank Act'') on material conflicts of interest in connection with certain securitizations. Proposed Rule 127B under the Securities Act would prohibit certain persons who create and distribute an asset- backed security, including a synthetic asset-backed security, from engaging in transactions, within one year after the date of the first closing of the sale of the asset-backed security, that would involve or result in a material conflict of interest with respect to any investor in the asset-backed security. The proposed rule also would provide exceptions from this prohibition for certain risk-mitigating hedging activities, liquidity commitments, and bona fide market-making.
Chlorantraniliprole; Pesticide Tolerances; Correction
Document Number: 2011-24370
Type: Rule
Date: 2011-09-28
Agency: Environmental Protection Agency
EPA issued a final rule in the Federal Register of July 27, 2011, concerning the regulation to establish pesticide tolerances for residues of chlorantraniliprole in or on multiple commodities. This document is being issued to correct an omission of the tolerance for Bushberry, subgroup 13-07B.
Assistance to States for the Education of Children With Disabilities
Document Number: 2011-22784
Type: Proposed Rule
Date: 2011-09-28
Agency: Department of Education
The Secretary proposes to amend regulations under Part B of the Individuals with Disabilities Education Act (IDEA or Act). These regulations govern the Assistance to States for the Education of Children with Disabilities program, including the Preschool Grants program. The Secretary seeks public comment on these proposed amendments regarding the use of public benefits or insurance in which a child participates to provide or pay for services required under Part B of IDEA. Since the Part B regulations were amended in 2006, our experience with implementing the provisions on obtaining parental consent for the use of public benefits or insurance has raised two important issues. First, the current regulations do not require that public agencies inform parents specifically of all of the protections regarding access to public benefits or insurance, including their rights under the Family Educational Rights and Privacy Act (FERPA) and IDEA confidentiality provisions. Second, State educational agencies (SEAs) and local educational agencies (LEAs) have expressed concerns about the overall costs and administrative burdens imposed by requiring parental consent to access public benefits or insurance, in addition to the parental consent required by FERPA.
Early Intervention Program for Infants and Toddlers With Disabilities
Document Number: 2011-22783
Type: Rule
Date: 2011-09-28
Agency: Department of Education
The Secretary issues final regulations governing the Early Intervention Program for Infants and Toddlers with Disabilities. These regulations are needed to reflect changes made to the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004 (Act or IDEA).
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