October 7, 2011 – Federal Register Recent Federal Regulation Documents

We are revising an earlier proposed airworthiness directive (AD) for certain Aviation Communication & Surveillance Systems (ACSS) traffic alert and collision avoidance system (TCAS) units installed on but not limited to various transport and small airplanes. That NPRM proposed to require upgrading software. That NPRM was prompted by reports of anomalies with TCAS units during a flight test over a high density airport. The TCAS units dropped several reduced surveillance aircraft tracks because of interference limiting. This action revises that NPRM by proposing to require new updated software for certain TCAS units. We are proposing this supplemental NPRM to correct the unsafe condition on these products. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

We are extending the comment period for our proposed rule that would establish minimum national official identification and documentation requirements for the traceability of livestock moving interstate. This action will allow interested persons additional time to prepare and submit comments.

The Audio Division, on its own motion, proposes the deletion of twenty vacant allotments in various communities in Arkansas, Georgia, Illinois, Louisiana, Michigan, Missouri, Montana, Oklahoma, Texas, and Wisconsin. These vacant allotments have been auctioned through our competitive bidding process, and are considered unsold permits that were included in Auction 91. Interested parties should file comments expressing an interest in the vacant allotments to prevent their removal. Moreover, interested parties must provide an explanation as to why they did not participate in our competitive bidding process.

Based on the 2010/2011 Southeast Data, Assessment and Review (SEDAR) assessments for sandbar, dusky, and blacknose sharks, NMFS is declaring the following stock status determinations. Sandbar sharks are still overfished, but no longer experiencing overfishing. Dusky sharks are still overfished and still experiencing overfishing (i.e., their stock status has not changed). Blacknose sharks were assessed as two separate stocks for the first time in the 2010/2011 assessment (Atlantic and Gulf of Mexico); therefore, NMFS is making separate stock status determinations for the two blacknose shark stocks. The Atlantic stock is overfished and experiencing overfishing, and the status of the Gulf of Mexico stock is unknown. Scalloped hammerhead sharks were previously determined to be overfished and experiencing overfishing by NMFS in April 2011. As such, NMFS announces its intent to prepare an EIS under the National Environmental Policy Act (NEPA). This EIS would assess the potential effects on the human environment of action proposed through rulemaking to rebuild and end overfishing of these stocks, consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Through the rulemaking process, NMFS would amend the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) and examine management alternatives available to rebuild these shark stocks and end overfishing, as necessary. To begin scoping for that rulemaking process, NMFS is requesting comments on a range of commercial and recreational management measures, in both directed and incidental fisheries, including, but not limited to, quota levels, regional and seasonal quotas, retention limits, gear modifications, and time/area closures.

The Coast Guard is establishing a temporary safety zone on the waters of the New River, from Esplanade Park to the Henry Kinney Tunnel, in Fort Lauderdale, Florida during the Rotary Club of Fort Lauderdale New River Raft Race. The race is scheduled to take place on Saturday, November 19, 2011. The temporary safety zone is necessary for the safety of race participants, participant vessels, spectators, and the general public during the 550 yard raft race. Persons and vessels would be prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Miami or a designated representative.

In this final rule, the Department of the Treasury makes technical corrections to an appendix to its regulations regarding disclosure of records. These amendments update the name of the former Bureau of Alcohol, Tobacco and Firearms to the Alcohol and Tobacco Tax and Trade Bureau, and also update the contact information for the Alcohol and Tobacco Tax and Trade Bureau and the procedures by which individuals may request disclosure of information under the Privacy Act. These amendments do not change the Department's interpretation of any regulation or the requirements of any recordkeeping provision.

This document adopts the Countermeasures Injury Compensation Program Administrative Implementation Interim Final Rule as the final rule with technical amendments. The Public Readiness and Emergency Preparedness Act (PREP Act) authorizes the Secretary of Health and Human Services (the Secretary) to establish the Countermeasures Injury Compensation Program (CICP or Program). The Department of Health and Human Services (HHS) is issuing this final rule to adopt the administrative policies, procedures, and requirements for the CICP set out in the interim final rule, which was published and effective on October 15, 2010. This Program is designed to provide benefits to certain persons who sustain serious physical injuries or death as a direct result of administration or use of covered countermeasures identified by the Secretary in declarations issued under the PREP Act. In addition, the Secretary may provide death benefits to certain survivors of individuals who died as the direct result of such covered injuries or their health complications. The Secretary makes only minor technical amendments to the interim final rule, described below, and otherwise adopts the regulation as published on October 15, 2010.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the black-footed albatross (Phoebastria nigripes) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). The petitioners provided three listing options for consideration by the Service: Listing the black- footed albatross throughout its range; listing the Hawaiian Islands breeding population of the black-footed albatross as a Distinct Population Segment (DPS); or listing the Japanese Islands breeding population of the black-footed albatross as a DPS. After a review of the best available scientific and commercial information, we find that listing the black-footed albatross rangewide is not warranted at this time. We find that the Hawaiian Islands breeding population and the Japanese Islands breeding population are separate DPSs, as defined by DPS policy. However, we further find that neither the Hawaiian Islands DPS nor the Japanese Islands DPS of the black-footed albatross warrants listing at this time. We ask the public to submit to us any new information that becomes available concerning the threats to the black- footed albatross or its habitat at any time.