October 19, 2011 – Federal Register Recent Federal Regulation Documents

Defense Federal Acquisition Regulation Supplement: Reporting of Government-Furnished Property (DFARS Case 2012-D001)
Document Number: 2011-27062
Type: Proposed Rule
Date: 2011-10-19
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to revise and expand reporting requirements for Government-furnished property to include items uniquely and non-uniquely identified and clarify policy for contractor access to Government supply sources.
Orphan Drug Regulations
Document Number: 2011-27037
Type: Proposed Rule
Date: 2011-10-19
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is proposing to amend the 1992 Orphan Drug Regulations issued to implement the Orphan Drug Act. These amendments are intended to clarify regulatory provisions and make minor improvements to address issues that have arisen since those regulations were issued.
Pilot Loading of Navigation and Terrain Awareness Database Updates
Document Number: 2011-27036
Type: Proposed Rule
Date: 2011-10-19
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to amend the maintenance regulations by removing from the preventive maintenance category the task of updating databases used in self-contained, front-panel or pedestal-mounted navigation equipment. This change would allow pilots who operate certificated aircraft to update the specified databases and eliminate the requirement for certificated mechanics or repair stations to perform the update. The effect of this revision would be to ensure that pilots using specified navigation equipment have the most current and accurate navigational data and thereby increase aviation safety.
Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Series Airplanes
Document Number: 2011-27026
Type: Proposed Rule
Date: 2011-10-19
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede two existing ADs. 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:
Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 Series Airplanes
Document Number: 2011-27023
Type: Proposed Rule
Date: 2011-10-19
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:
Airworthiness Directives; Bombardier, Inc. Model BD-100-1A10 (Challenger 300) Airplanes
Document Number: 2011-27011
Type: Proposed Rule
Date: 2011-10-19
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:
Airworthiness Directives; Learjet Inc. Model 45 Airplanes
Document Number: 2011-27010
Type: Proposed Rule
Date: 2011-10-19
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD would require revising the maintenance program to include new or more restrictive life-limits and inspections. This proposed AD was prompted by changes to the Airworthiness Limitations Section (ALS) of the maintenance manual, which adds life-limits, revises life-limits, or adds inspections not previously identified. We are proposing this AD to limit exposure of flight critical components to corrosion, cracking, or failure due to life-limits, which if not corrected, could result in loss of roll control, fatigue cracking, or loss of structural components.
Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 Series Airplanes
Document Number: 2011-27009
Type: Proposed Rule
Date: 2011-10-19
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:
Airworthiness Directives; General Electric Company Turbofan Engines
Document Number: 2011-27006
Type: Proposed Rule
Date: 2011-10-19
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede two existing airworthiness directives (ADs) that apply to General Electric Company (GE) CF6-45 and CF6-50 series turbofan engines with certain low-pressure turbine (LPT) rotor stage 3 disks installed. The existing ADs currently require inspections of high pressure turbine (HPT) and LPT rotors, engine checks, and surveys. Since we issued those ADs, GE has determined that the low- cycle fatigue (LCF) lives of the LPT rotor stage 3 disks affected by those ADs are below the current published engine manual life limits and has introduced a new LPT rotor stage 3 disk part number. This proposed AD would establish a new lower life limit for the LPT rotor stage 3 disks. We are proposing this AD to prevent critical life-limited rotating engine part failure, which could result in an uncontained engine failure and damage to the airplane.
Safety Zone; Mainardi/Kinsey Wedding Fireworks, Lake Erie, Lakewood, OH
Document Number: 2011-26989
Type: Rule
Date: 2011-10-19
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone in Lake Erie, Lakewood, OH for the Mainardi/Kinsey Wedding Fireworks. This temporary zone is intended to restrict vessels from a portion of Lake Erie during the Mainardi/Kinsey Wedding Fireworks on October 22, 2011. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with a firework display.
Safety Zone; Truman-Hobbs Alteration of the Elgin Joliet & Eastern Railroad Drawbridge, Morris, IL
Document Number: 2011-26988
Type: Rule
Date: 2011-10-19
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the Illinois River near Morris, Illinois. This zone is intended to restrict vessels from a portion of the Illinois River due to the Truman-Hobbs alteration of the Elgin Joliet & Eastern Railroad Drawbridge. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the removal of the Elgin Joliet & Eastern Railroad Drawbridge's old bridge piers and pier protection cells.
Sugar Program; Feedstock Flexibility Program for Bioenergy Producers
Document Number: 2011-26974
Type: Proposed Rule
Date: 2011-10-19
Agency: Department of Agriculture, Commodity Credit Corporation
The Commodity Credit Corporation (CCC) proposes regulations with respect to general sugar inventory disposition and the establishment of a new Feedstock Flexibility Program (FFP) that requires the Secretary to purchase sugar to produce bioenergy as a means to avoid forfeitures of sugar loan collateral under the sugar loan program. These regulations are as required by the Food Security and Rural Investment Act of 2002 (the 2002 Farm Bill), as amended by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill).
Deduction for Qualified Film and Television Production Costs
Document Number: 2011-26973
Type: Rule
Date: 2011-10-19
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final and temporary regulations relating to deductions for the cost of producing film and television productions. These temporary regulations reflect changes to the law made by the Tax Extenders and Alternative Minimum Tax Relief Act of 2008, and affect taxpayers that produce films and television productions within the United States. The text of these temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register.
Deduction for Qualified Film and Television Production Costs
Document Number: 2011-26972
Type: Proposed Rule
Date: 2011-10-19
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations relating to deductions for the costs of producing film and television productions. Those temporary regulations reflect changes to the law made by the Tax Extenders and Alternative Minimum Tax Relief Act of 2008, and affect taxpayers that produce films and television productions within the United States. The text of those temporary regulations also serves as the text of these proposed regulations.
Inquiry Into Disbursement Process for the Universal Service Fund Low Income Program
Document Number: 2011-26940
Type: Proposed Rule
Date: 2011-10-19
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Wireline Competition Bureau (WCB) seeks comment on a proposal for disbursing Universal Service Fund low income support to eligible telecommunications carriers (ETCs) based upon claims for reimbursement of actual support payments made, instead of projected claims for support. Payment based on actual support payments would replace the current administrative process, under which the Universal Service Administrative Company (USAC) reimburses ETCs for low income support each month based on USAC's projection of payments and on a ``true-up'' calculated using an ETC's actual support payments. Among other things, we are seeking comment on a proposal that, if adopted, would require that the FCC Form 497 be filed monthly.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Transportation Conformity Regulations
Document Number: 2011-26905
Type: Rule
Date: 2011-10-19
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the State Implementation Plan (SIP) submitted by the Commonwealth of Virginia. This revision establishes Virginia's transportation conformity requirements. After they have been approved, the Commonwealth's regulations will govern transportation conformity determinations in the Commonwealth of Virginia. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Transportation Conformity Regulations
Document Number: 2011-26904
Type: Proposed Rule
Date: 2011-10-19
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. The SIP revision amends existing regulation 9VAC5 Chapter 151 in order to incorporate federal revisions to transportation conformity requirements. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.
Approval and Promulgation of Air Quality Implementation Plans; Ohio and Indiana; Redesignation of the Cincinnati-Hamilton Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter
Document Number: 2011-26890
Type: Proposed Rule
Date: 2011-10-19
Agency: Environmental Protection Agency
EPA is proposing to approve Ohio's and Indiana's requests to redesignate their respective portions of the Cincinnati-Hamilton OH-IN- KY nonattainment area (for Ohio: Butler, Clermont, Hamilton, and Warren Counties, Ohio; for IN: a portion of Dearborn County) to attainment for the 1997 annual National Ambient Air Quality Standard (NAAQS or standard) for fine particulate matter (PM2.5). The Ohio Environmental Protection Agency (Ohio EPA) submitted its request on December 9, 2010, and the Indiana Department of Environmental Management (IDEM) submitted its request on January 25, 2011. Kentucky's request to redesignate its portion of the Cincinnati- Hamilton area, submitted to EPA to on January 27, 2011, will be addressed in a separate rulemaking action. EPA's proposal here involves several additional related actions. EPA has previously determined that the entire Cincinnati-Hamilton (OH-IN-KY) area has attained the 1997 annual PM2.5 standard. EPA is proposing to approve, as revisions to the Ohio and Indiana State Implementation Plans (SIPs), the States' plans for maintaining the 1997 annual PM2.5 NAAQS through 2021 in the area. EPA is proposing to approve the 2005 emissions inventories for the Ohio and Indiana portions of the Cincinnati-Hamilton area as meeting the comprehensive emissions inventory requirement of the Clean Air Act (CAA). Finally, EPA finds adequate and is proposing to approve Ohio and Indiana's Nitrogen Oxides (NOX) and PM2.5 Motor Vehicle Emission Budgets (MVEBs) for 2015 and 2021 for the Cincinnati-Hamilton area.
Approval and Promulgation of Air Quality Implementation Plans, Ohio and Indiana; Redesignation of the Ohio and Indiana Portions Cincinnati-Hamilton Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter
Document Number: 2011-26887
Type: Rule
Date: 2011-10-19
Agency: Environmental Protection Agency
EPA is approving, under the Clean Air Act (CAA), Ohio's and Indiana's requests to redesignate their respective portions of the Cincinnati-Hamilton nonattainment area (for Ohio: Butler, Clermont, Hamilton, and Warren Counties, Ohio; for IN: a portion of Dearborn County) to attainment for the 1997 annual National Ambient Air Quality Standard (NAAQS or standard) for fine particulate matter (PM2.5). The Ohio Environmental Protection Agency (Ohio EPA) submitted its request on December 9, 2010, and the Indiana Department of Environmental Management (IDEM) submitted its request on January 25, 2011. Kentucky's request to redesignate its portion of the Cincinnati-Hamilton area, submitted to EPA on January 27, 2011, will be addressed in a separate rulemaking action. EPA's approvals here involve several additional related actions. EPA has determined that the entire Cincinnati-Hamilton area has attained the 1997 annual PM2.5 standard. EPA is approving, as revisions to the Ohio and Indiana State Implementation Plans (SIPs), the states' plans for maintaining the 1997 annual PM2.5 NAAQS through 2021 in the area. EPA is approving the 2005 emissions inventories for the Ohio and Indiana portions of the Cincinnati-Hamilton area as meeting the comprehensive emissions inventory requirement of the CAA. Finally, EPA finds adequate and is approving Ohio and Indiana's Nitrogen Oxides (NOX) and PM2.5 Motor Vehicle Emission Budgets (MVEBs) for 2015 and 2021 for the Cincinnati-Hamilton area.
Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG (RRD) BR700-710 Series Turbofan Engines
Document Number: 2011-26885
Type: Rule
Date: 2011-10-19
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) 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:
Review of Commission's Regulations; Request for Comments and Information
Document Number: 2011-26820
Type: Proposed Rule
Date: 2011-10-19
Agency: Consumer Product Safety Commission, Agencies and Commissions
Consumer Product Safety Commission (``CPSC'' or ``we'') staff is considering the appropriate process and substance of a plan to review existing CPSC regulations. CPSC has conducted reviews of rules in the past and intends to build on that experience to develop a plan of review that also satisfies recent direction from President Obama, set forth in Executive Order 13579, ``Regulation and Independent Regulatory Agencies'' (76 FR 41587 (July 14, 2011)), which states that independent regulatory agencies should follow certain key principles when developing new regulations and should review existing significant regulations. To that end, Executive Order 13579 (``E.O. 13579'') emphasizes the importance of retrospective analysis of rules and the need to develop a plan under which the agency will conduct periodic reviews of existing regulations. We invite comments on the issues discussed in this document to help us formulate a plan that builds on our past review efforts while incorporating the principles outlined in E.O. 13579.
Electronic Prescriptions for Controlled Substances Clarification
Document Number: 2011-26738
Type: Rule
Date: 2011-10-19
Agency: Drug Enforcement Administration, Department of Justice
DEA wishes to emphasize that third-party audits of software applications for Electronic Prescriptions for Controlled Substances (EPCS) must encompass all applicable requirements in our regulations, including security, and must address ``processing integrity'' as set forth in our regulations. Likewise, where questions or gaps may arise in reviewing a particular application, DEA recommends consulting federal guidelines set forth in NIST Special Publication 800-53A. DEA is also announcing the first DEA approved certification process for EPCS. Certifying organizations with a certification process approved by DEA pursuant to the regulations are posted on DEA's Web site once approved.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Airplanes
Document Number: 2011-26718
Type: Rule
Date: 2011-10-19
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB- 145, -145ER, -145MR, -145LR, -145MP, and -145EP airplanes. 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:
Beverages: Bottled Water Quality Standard; Establishing an Allowable Level for di(2-ethylhexyl)phthalate
Document Number: 2011-26707
Type: Rule
Date: 2011-10-19
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending its bottled water quality standard regulations by establishing an allowable level for the chemical di(2-ethylhexyl)phthalate (DEHP). As a consequence, bottled water manufacturers are required to monitor their finished bottled water products for DEHP at least once each year under the current good manufacturing practice (CGMP) regulations for bottled water. Bottled water manufacturers are also required to monitor their source water for DEHP as often as necessary, but at least once every year unless they meet the criteria for source water monitoring exemptions under the CGMP regulations. This final rule will ensure that FDA's standards for the minimum quality of bottled water, as affected by DEHP, will be no less protective of the public health than those set by the Environmental Protection Agency (EPA) for public drinking water.
Rules of Adjudication and Enforcement
Document Number: 2011-26664
Type: Rule
Date: 2011-10-19
Agency: International Trade Commission, Agencies and Commissions
The United States International Trade Commission (``Commission'') amends its Rules of Practice and Procedure concerning rules of adjudication and enforcement. The amendments are necessary to gather more information on public interest issues arising from complaints filed with the Commission requesting institution of an investigation under Section 337 of the Tariff Act of 1930. The intended effect of the amendments is to aid the Commission in identifying investigations that require further development of public interest issues in the record, and to identify and develop information regarding the public interest at each stage of the investigation.
Endangered and Threatened Wildlife and Plants; Designation of Revised Critical Habitat for the Tidewater Goby
Document Number: 2011-26301
Type: Proposed Rule
Date: 2011-10-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to revise critical habitat for the tidewater goby (Eucyclogobius newberryi) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 12,157 acres (4,920 hectares) are being proposed for designation as critical habitat. The proposed revised critical habitat is located in Del Norte, Humboldt, Mendocino, Sonoma, Marin, San Mateo, Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, and San Diego Counties, California.
Airworthiness Directives; Diamond Aircraft Industries Powered Sailplanes
Document Number: 2011-26300
Type: Rule
Date: 2011-10-19
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for Diamond Aircraft Industries Model H-36 ``DIMONA'' powered sailplanes. This 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:
Airworthiness Directives; Airbus Airplanes
Document Number: 2011-26257
Type: Rule
Date: 2011-10-19
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) that applies to certain Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model C4-605R Variant F airplanes (collectively called A300-600 series airplanes). 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; Sicma Aero Seat Passenger Seat Assemblies Installed on Various Transport Category Airplanes
Document Number: 2011-26083
Type: Rule
Date: 2011-10-19
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for Sicma Aero Seat 88xx, 89xx, 90xx, 91xx, 92xx, 93xx, 95xx, and 96xx series passenger seat assemblies, installed on various transport category airplanes. 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 A300 B4-103, B4-203, and B4-2C Airplanes
Document Number: 2011-26082
Type: Rule
Date: 2011-10-19
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; Bombardier, Inc. Airplanes
Document Number: 2011-26081
Type: Rule
Date: 2011-10-19
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440); Model CL-600-2C10 (Regional Jet Series 700, 701, & 702); Model CL-600- 2D15 (Regional Jet Series 705); and Model CL-600-2D24 (Regional Jet Series 900) airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an airworthiness authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Airworthiness Directives; BAE SYSTEMS (Operations) Limited Model 4101 Airplanes
Document Number: 2011-25802
Type: Rule
Date: 2011-10-19
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:
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