October 13, 2011 – Federal Register Recent Federal Regulation Documents

This document contains a correction to a notice of proposed rulemaking that were published in the Federal Register on Tuesday, October 11, 2011. These proposed regulations would modify existing regulations related to the tax return preparer penalties under section 6695 of the Internal Revenue Code. The proposed regulations are necessary to monitor and to improve compliance with the tax return preparer due to diligence requirements of this section.

NMFS is prohibiting directed fishing for Pacific cod by vessels harvesting Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2011 Pacific total allowable catch (TAC) apportioned to vessels harvesting Pacific cod for processing by the inshore component of the Central Regulatory Area of the GOA.

This document sets forth the revised appendices to the Dairy Tariff-Rate Import Quota Licensing Regulation for the 2011 quota year reflecting the cumulative annual transfers from Appendix 1 to Appendix 2 for certain dairy product import licenses permanently surrendered by licensees or revoked by the Licensing Authority.

We propose to revise an existing airworthiness directive (AD) that applies to all Eclipse Aerospace, Inc. Model EA500 airplanes equipped with Pratt & Whitney Canada, Corp. (P&WC) Model PW610F-A engines. The existing AD currently requires incorporating an operating limitation of a maximum operating altitude of 30,000 feet into Section 2, Limitations, of the airplane flight manual (AFM). Since we issued that AD, P&WC has developed a design change for the combustion chamber liner assembly. This proposed AD would retain the requirements of the current AD, clarify the engine applicability, and allow the option of incorporating the design change to terminate the current operating limitation and restore the original certificated maximum operating altitude of 41,000 feet. We are proposing this AD to correct the unsafe condition on these products.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is issuing a new regulatory guide, (RG) 1.221, ``Design-Basis Hurricane and Hurricane Missiles for Nuclear Power Plants.'' This regulatory guide provides licensees and applicants with new guidance that the staff of the NRC considers acceptable for use in selecting the design- basis hurricane and design-basis hurricane-generated missiles that a nuclear power plant should be designed to withstand to prevent undue risk to the health and safety of the public.

The Federal Maritime Commission proposes to amend its rules regarding certainty of terms of service contracts and non-vessel- operating common carrier service arrangements. The proposed rule is intended to provide common carriers and their customers with certainty and flexibility if they decide to use long-term contracts that adjust based on a freight rate index that reflects changes in market conditions.

The Federal Election Commission requests comments on whether to begin a rulemaking to revise its regulations concerning disclaimers on certain Internet communications and, if so, what changes should be made to those rules. The Commission intends to review the comments received as it decides what revisions, if any, it will propose making to these rules.

In this document, the Federal Communications Commission (FCC) announces that it has received Office of Management and Budget (OMB) approval for public information collection 3060-0411, which is associated with the new complaint mechanism for resolving data roaming disputes with commercial mobile data service providers.

EPA is proposing to extend the grace period before the MOtor Vehicle Emission Simulator model (currently MOVES2010a) is required for regional emissions analyses for transportation conformity determinations (``regional conformity analyses''). This proposal would provide an additional year to the previously established two-year conformity grace period, so that MOVES2010a would not be required for regional conformity analyses until March 2, 2013. This proposal would not affect EPA's previous approval of the use of MOVES in official state air quality implementation plan (SIP) submissions or the existing grace period before MOVES2010a is required for carbon monoxide and particulate matter hot-spot analyses for project-level conformity determinations.

EPA is proposing to approve a revision to the Indiana State Implementation plan (SIP) submitted by the Indiana Department of Environmental Management (IDEM) on November 24, 2010. The SIP revision consists of amendments to 326 Indiana Administrative Code (IAC) 8-2-1 and 326 IAC 8-2-9, the applicability sections for Indiana's miscellaneous metal and plastic parts surface coating rules. These rules are approvable because they satisfy the requirements of the Clean Air Act (CAA) for volatile organic compound (VOC) reasonably available control technology (RACT) rules.

The Board proposes to amend its rules to require rail carriers that submit to the Board ``R-1'' reports that identify information on capital and operating expenditures for Positive Train Control (PTC) to break out those expenses so that they can be viewed both as component parts of and separately from other capital investments and expenses. PTC is an automated system designed to prevent train-to-train collisions and other accidents. Rail carriers with traffic routes that carry passengers and/or hazardous toxic-by-inhalation (TIH) or poisonous-by-inhalation (PIH) materials, as so designated under federal law, must implement PTC pursuant to federal legislation. We propose to adopt supplemental schedules to the R-1 to require financial disclosure with respect to PTC to help inform the Board and the public about the specific costs attributable to PTC implementation.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list a distinct population segment of the red tree vole (Arborimus longicaudus) as endangered or threatened and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). The Petition provided three listing options for the Service to consider: Listing the dusky tree vole subspecies throughout its range; listing the North Oregon Coast population of the red tree vole (Arborimus longicaudus) as a distinct population segment (DPS); or listing the red tree vole because it is endangered or threatened in a significant portion of its range. After review of the best available scientific and commercial information, we have determined that listing the North Oregon Coast population of the red tree vole as a DPS is warranted. However, the development of a proposed listing rule is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add this DPS of the red tree vole to our candidate species list. We will develop a proposed rule to list this DPS of the red tree vole as our priorities allow. We will make any determination on critical habitat during development of the proposed listing rule. In any interim period, we will address the status of the candidate taxon through our annual Candidate Notice of Review (CNOR).