October 2011 – Federal Register Recent Federal Regulation Documents

In this document, the Commission via the Office of Managing Director makes two nonsubstantive, editorial amendments to Part 64 of the Commission's rules. The Managing Director makes these amendments to delete certain provisions and notes that are without current legal effect and thus obsolete. The Chief of the Consumer and Governmental Affairs Bureau has approved these editorial amendments.

NMFS closes the recreational sector for black sea bass in the portion of the exclusive economic zone (EEZ) of the South Atlantic through 35[deg]15.19' N. lat., the latitude of Cape Hatteras Light, North Carolina. NMFS has determined that the recreational annual catch limit (ACL) for black sea bass has been reached. This closure is necessary to protect the black sea bass resource.

This document announces an open meeting of two Negotiated Rulemaking Working Groups; one concerning Liquid Immersed and Medium- Voltage Dry-Type and the second addressing Low-Voltage Dry-Type Distribution Transformers. The Liquid Immersed and Medium-Voltage Dry- Type Group (MV Group) and the Low-Voltage Dry-Type Group (LV Group) are working groups within the Appliance Standards Subcommittee of the Efficiency and Renewables Advisory Committee (ERAC). The purpose of the MV and LV Groups is to discuss and, if possible, reach consensus on a proposed rule for regulating the energy efficiency of distribution transformers, as authorized by the Energy Policy Conservation Act (EPCA) of 1975, as amended, 42 U.S.C. 6313(a)(6)(C) and 6317(a).

On October 18, 2011, the Commission will hold a public roundtable at which invited participants will discuss various issues related to the Commission's required rulemaking under Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Act''), which relates to reporting requirements regarding conflict minerals originating in the Democratic Republic of the Congo and adjoining countries. Roundtable panelists are expected to reflect the views of different constituencies, including investors, affected issuers, human rights organizations, and other stakeholders. The roundtable will consist of a series of panels that are designed to provide a forum for various stakeholders to exchange views and provide input on issues related to the Commission's required rulemaking.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is requesting comments on Draft NUREG-1022, Revision 3, ``Event Reporting Guidelines: 10 CFR 50.72 and 50.73''. The NUREG-1022 contains guidelines that the NRC staff considers acceptable for use in meeting the event reporting requirements for operating nuclear power reactors. Revision 3 to NUREG-1022 incorporates revisions to the guidelines for the purpose of clarification.

The Federal Election Commission is establishing an agency procedure to formalize the agency's practice in the latter stages of Probable Cause process in enforcement matters brought under the Federal Election Campaign Act of 1971, as amended (FECA).

The Coast Guard is establishing a temporary security zone within 200 yards of the Dredge Vessels Patriot and Liberty while the vessels are underway, anchored, or conducting dredging operations in the vicinity of Willamette River Mile 2 and Columbia River Mile 105. Entry into this zone is prohibited unless authorized by the Captain of the Port, Columbia River or his designated representative. The Coast Guard is establishing this temporary security zone around the vessels to provide security during operations and this will be done so by prohibiting all persons or vessels from operating within 200 yards of the vessel.

EPA is taking direct final action 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 final rule provides an additional year to the previously established two-year conformity grace period. As a result, EPA is announcing in this Federal Register that MOVES is not required for regional conformity analyses until March 2, 2013. This action does 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 approving 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.

This rule informs the public that the U.S. Merit Systems Protection Board (MSPB or Board) is launching a pilot program under which the Washington Regional Office (WRO) and Denver Field Office (DEFO) will require all pleadings filed by agencies and attorneys who represent appellants in MSPB proceedings to be electronically filed (e- filed). This requirement will apply to all pleadings except those containing classified information or Sensitive Security Information (SSI) in all adjudicatory proceedings before the Board. Any agency or appellant's attorney who believes e-filing would create an undue burden may request an exemption from the administrative judge; however, requests will generally be considered only for pleadings that include scanned material, for example, not documents prepared and saved in a word processing program, and will be granted only when supported by a specific and detailed explanation, such as when the submission of a voluminous amount of scanned documents would create a hardship for a party.

This direct final rule contains various amendments conforming SBA regulations to changes made by the Small Business Jobs Act of 2010 to several SBA programs, including business lending, disaster lending, and contract bundling. This rule also makes additional conforming changes to ensure that the regulations governing certain fees payable in the business loan programs are consistent with the related statutory authority in the Small Business Act.

The U.S. Department of Energy (DOE or the Department) is revising its National Environmental Policy Act (NEPA) Implementing Procedures. The majority of the changes are being made to the categorical exclusion provisions. These revisions are intended to better align the Department's regulations, particularly its categorical exclusions, with DOE's current activities and recent experiences, and to update the provisions with respect to current technologies and regulatory requirements. DOE is establishing 20 new categorical exclusions and removing two categorical exclusion categories, one environmental assessment category, and three environmental impact statement categories. Other changes modify and clarify DOE's existing provisions.

On August 30, 2011, the National Labor Relations Board (Board) published a final rule requiring employers, including labor organizations in their capacity as employers, subject to the National Labor Relations Act (NLRA) to post notices informing their employees of their rights as employees under the NLRA. The Board hereby amends that rule to change the effective date from November 14, 2011, to January 31, 2012. The purpose of this delay is to allow for enhanced education and outreach to employers.

We are amending the fruits and vegetables regulations to allow, under certain conditions, the importation into the United States of commercial consignments of tomatoes with stems from the Republic of Korea. The conditions for the importation of tomatoes with stems from the Republic of Korea will include requirements for pest exclusion at the production site, fruit fly trapping inside and outside the production site, and pest-excluding packinghouse procedures. The tomatoes will also be required to be accompanied by a phytosanitary certificate issued by the national plant protection organization of the Republic of Korea with an additional declaration confirming that the tomatoes have been produced in accordance with the requirements. This action will allow for the importation of tomatoes with stems from the Republic of Korea while continuing to provide protection against the introduction of injurious plant pests into the United States.

This rule finalizes the interim final rule that implemented section 1122 of the Small Business Jobs Act of 2010, which authorizes projects approved for financing under Title V of the Small Business Investment Act to include the refinancing of qualified debt. As a result of comments received, this final rule amends the interim final rule to authorize the financing of business expenses as part of a Refinancing Project, to allow the Third Party Loan to be at least as much as the 504 loan instead of requiring that the Third Party Loan provide at least 50% of the financing, and to revise the definition of qualified debt. Other aspects of the interim final rule are adopted as final without change.

NMFS is reallocating the projected unused amount of the 2011 yellowfin sole total allowable catch (TAC) assigned to the Bering Sea and Aleutian Islands trawl limited access sector to the Amendment 80 cooperative in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2011 total allowable catch of yellowfin sole to be fully harvested.

This document gives notice of OSHA's approval of a change to the state of Hawaii's occupational safety and health state plan to exclude coverage of private sector employers and employees at all military installations. The state of Hawaii, Department of Labor and Industrial Relations, requested in a November 15, 2010 memorandum which was reiterated in a February 22, 2011, letter from the Governor, that jurisdiction be relinquished to federal OSHA for conducting safety and health inspections of private sector employers within the borders of all military installations in Hawaii. Accordingly, OSHA amends its regulations to reflect this change in the level of federal enforcement.

In this document, the Commission seeks to accelerate the development and deployment of Next Generation 911 (NG911) technology that will enable the public to send emergency communications to 911 Public Safety Answering Points (PSAPs) via text, photos, videos, and data and enhance the information available to PSAPs and first responders for assessing and responding to emergencies. This Notice of Proposed Rulemaking seeks comment on a variety of issues related to the short-term and long-term transition to NG911.

The Coast Guard is establishing a temporary safety zone on Lake St. Clair, Muscamoot Bay, Harsens Island, MI. This safety zone is intended to restrict vessels from a portion of Lake St. Clair during the Cannonade event.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD would require installing an automatic shutoff system for the center and auxiliary tank fuel boost pumps, as applicable, and installing a placard in the airplane flight deck if necessary; replacing the P5-2 fuel system module assembly; and installing the un-commanded on (UCO) protection system for the center and auxiliary tank fuel boost pumps, as applicable. This proposed AD would also require revisions to the Limitations and Normal Procedures sections of the airplane flight manual to advise the flightcrew of certain operating restrictions for airplanes equipped with an automatic shutoff system. This proposed AD would also require revising the maintenance program by incorporating new airworthiness limitations for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. This proposed AD was prompted by fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent operation of the center and auxiliary tank fuel boost pumps with continuous low pressure, which could lead to friction sparks or overheating in the fuel pump inlet that could create a potential ignition source inside the center and auxiliary fuel tanks. These conditions, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

The U.S. Small Business Administration (SBA) proposes to increase small business size standards for 15 industries in North American Industry Classification System (NAICS) Sector 51, Information. As part of its ongoing comprehensive review of all size standards, SBA has evaluated all receipts based size standards in NAICS Sector 51 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposals that examines size standards of industries grouped by NAICS Sector. The SBA issued a White Paper entitled ``Size Standards Methodology'' and published a document in the October 21, 2009, issue of the Federal Register that ``Size Standards Methodology'' is available on its Web site at https://www.sba.gov/size for public review and comments. The ``Size Standards Methodology'' White Paper explains how SBA establishes, reviews and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing and modifying a receipts based size standard.

The Department of the Treasury's Office of Foreign Assets Control (``OFAC'') is amending the Sudanese Sanctions Regulations and the Iranian Transactions Regulations to authorize the processing of funds transfers for the operating expenses or other official business of third-country diplomatic or consular missions in Sudan or Iran, respectively. OFAC also is amending the Sudanese Sanctions Regulations and the Iranian Transactions Regulations to authorize the transportation of human remains to or from Sudan and Iran, respectively, for burial, cremation, or interment.

The Department of Homeland Security (DHS), with the concurrence of the Office of Government Ethics (OGE), is proposing supplemental standards of ethical conduct for DHS employees. The proposed regulations would supplement the OGE Standards of Ethical Conduct for Employees of the Executive Branch (OGE Standards) and, among other things, would set forth employee restrictions on the purchase of certain Government-owned property, require employees to report allegations of waste, fraud, and abuse, require employees to seek prior approval for certain outside employment and activities, prohibit employees in some DHS components from engaging in certain types of outside employment and activities, require designated components to develop instructions regarding the procedures for obtaining prior approval for outside employment and activities, and designate components within DHS as a separate agency for purposes of determining whether the donor of a gift is a ``prohibited source'' and of identifying an employee's agency for the regulations governing teaching, speaking, and writing.

This Notice announces and invites comment on additional information obtained by the Environmental Protection Agency (Agency or EPA) in conjunction with the proposed rule: Hazardous and Solid Waste Management System: Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities that was published in the Federal Register on June 21, 2010 (75 FR 35127). This information is generally categorized as: Chemical constituent data from coal combustion residuals (CCRs); Facility and waste management unit data; Information on additional alleged damage cases; Adequacy of State programs; and Beneficial Use. In addition, EPA is considering a variety of possible approaches to update and enhance the risk assessment and the regulatory impact analysis (RIA) supporting the development of the final rule. EPA is specifically soliciting comments on the validity and propriety of the use of all new information, data, and potential analyses being noticed today. The Agency is only requesting comment on the information either specifically identified in this Notice or located in the docket for this Notice and is not reopening any other aspect of the proposal or the underlying support documents that were previously available for comment. Comments submitted on any issues other than those specifically identified in this Notice will be considered ``late comments,'' and EPA will not respond to such comments, nor will they be considered part of the rulemaking record.

We are adopting a new airworthiness directive (AD) for Diamond Aircraft Industries GmbH Model (Diamond) DA 40 airplanes equipped with cabin air conditioning vapor cycle system (VCS) installed per STC SA03674AT held by Premier Aircraft Services (originally held by DER Services, Inc.) following DER Services Master Document List MDL-2006- 020-1, Revision C, dated February 3, 2009; Revision D, dated April 22, 2009; Revision E, dated May 12, 2010; or Revision F, dated July 6, 2010. This AD was prompted by reports of damage around the VCS compressor mounting areas found during maintenance inspections. This AD requires deactivation of the VCS, removal of the compressor and bracket, and revision to the airplane weight and balance. We are issuing this AD to correct the unsafe condition on these products.