November 10, 2011 – Federal Register Recent Federal Regulation Documents
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Fraser River Sockeye and Pink Salmon Fisheries; Inseason Orders
NMFS publishes Fraser River salmon inseason orders to regulate treaty and non-treaty (all citizen) commercial salmon fisheries in U.S. waters. The orders were issued by the Fraser River Panel (Panel) of the Pacific Salmon Commission (Commission) and subsequently approved and issued by NMFS during the 2011 salmon fisheries within the U.S. Fraser River Panel Area. These orders established fishing dates, times, and areas for the gear types of U.S. treaty Indian and all citizen commercial fisheries during the period the Panel exercised jurisdiction over these fisheries.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Alabama; Redesignation of the Birmingham 2006 24-Hour Fine Particulate Matter Nonattainment Area to Attainment
On June 17, 2010, the State of Alabama, through the Alabama Department of Environmental Management (ADEM), Air Division, submitted a request for EPA to redesignate the Birmingham fine particulate matter (PM2.5) nonattainment area (hereafter referred to as the ``Birmingham Area'' or ``Area'') to attainment for the 2006 24-hour PM2.5 National Ambient Air Quality Standards (NAAQS); and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the Area. The Birmingham 2006 24-hour PM2.5 nonattainment area is comprised of Jefferson and Shelby Counties in their entireties and a portion of Walker County. EPA is proposing to approve the redesignation request for the Birmingham Area, along with the related SIP revision, including Alabama's 2009 emissions inventory for the Area and Alabama's plan for maintaining attainment of the PM2.5 standard in the Area. EPA is also proposing to approve the motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and PM2.5 for the year 2024 for the Birmingham Area. These actions are being proposed pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.
Atlantic Highly Migratory Species; Update to Information on the Effective Date of Atlantic Smoothhound Shark Fishery Management Measures
NMFS is updating the anticipated effective date of smoothhound shark management measures implemented in the Final Rule for Amendment 3 to the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) that published on June 1, 2010, and were corrected on August 17, 2010. These measures originally were to be effective around April 2012, before the beginning of the 2012 fishing year. However, the recently enacted Shark Conservation Act of 2010 requires NMFS to re-evaluate its shark management measures. The effective date will therefore be later than originally thought to fully consider the Shark Conservation Act implications and to allow time for the Section 7 consultation under the Endangered Species Act (ESA) to be completed. This rule also removes and reserves the smoothhound shark regulations. These sections will be returned, with amendments as needed, in a final rule that implements both the smoothhound shark sections of the Shark Conservation Act and any requirements of the Section 7 consultation regarding smoothhound sharks.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Alabama; Redesignation of the Birmingham 1997 Annual Fine Particulate Matter Nonattainment Area to Attainment
On May 2, 2011, the State of Alabama, through the Alabama Department of Environmental Management (ADEM), Air Division, submitted a request for EPA to redesignate the Birmingham fine particulate matter (PM2.5) nonattainment area (hereafter referred to as the ``Birmingham Area'' or ``Area'') to attainment for the 1997 Annual PM2.5 National Ambient Air Quality Standards (NAAQS); and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the Area. The Birmingham 1997 Annual PM2.5 nonattainment area is comprised of Jefferson and Shelby Counties in their entireties and a portion of Walker County. EPA is proposing to approve the redesignation request for the Birmingham Area, along with the related SIP revision, including Alabama's 2009 emissions inventory for the Area and Alabama's plan for maintaining attainment of the PM2.5 standard in the Area. EPA is also proposing to approve the motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and PM2.5 for the year 2024 for the Birmingham Area. These actions are being proposed pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.
Federal Home Loan Bank Community Support Amendments
The Federal Housing Finance Agency (FHFA) is proposing to amend its community support regulation by requiring the Federal Home Loan Banks (Banks) to monitor and assess the eligibility of each Bank member for access to long-term advances through compliance with the regulation's Community Reinvestment Act of 1977 (CRA) and first-time homebuyer standards. The proposed rule would also replace the current practice in which members submit to FHFA biennial community support statements containing their most recent CRA evaluations. Instead, the Banks would verify a member's CRA rating from publicly-available information from the Federal Financial Institutions Examination Council (FFIEC) or the member's primary Federal banking regulatory agency. In addition, the Banks would be responsible for overseeing members' compliance with first-time homebuyer requirements.
Taxpayers and Ratepayers United, et al.; Environmental Impacts of Severe Reactor and Spent Fuel Pool Accidents
The U.S. Nuclear Regulatory Commission (NRC or the Commission) has received 15 petitions for rulemaking (PRMs), each dated August 10, August 11, or August 12, 2011, from the multiple petitioners listed in Section I, Procedural Processing, of this document. The petitioners request that the NRC rescind its regulations that allow generic conclusions about the environmental impacts of severe reactor and spent fuel pool accidents and its regulations that preclude considerations of those issues in individual licensing proceedings. The petitioners also request the NRC to suspend multiple ongoing licensing proceedings while the NRC considers these petitions and the environmental issues raised in the Fukushima Task Force Report. The NRC is not instituting a public comment period for these PRMs at this time.
Technical Revisions To Update Reference to the Required Assessment Tool for State Nursing Homes Receiving Per Diem Payments From VA
The Department of Veterans Affairs (VA) proposes to amend its regulations to update the reference to the required resident assessment tool for State homes that receive per diem from VA for providing nursing home care to veterans. The proposed rule would require State nursing homes receiving per diem from VA to use the most recent version of the Centers for Medicare and Medicaid Services (CMS) Resident Assessment Instrument/Minimum Data Set (MDS), which is version 3.0. This will ensure that the standard used to assess veterans is the same as the standard applicable to Medicare and Medicaid beneficiaries.
Importation of Live Swine, Swine Semen, Pork, and Pork Products From Liechtenstein and Switzerland
We are amending the regulations governing the importation of animals and animal products to add Liechtenstein and Switzerland to the region of Europe that we recognize as low risk for classical swine fever (CSF). We are also adding Liechtenstein to the list of regions we consider free from swine vesicular disease (SVD) and to the list of regions considered free from foot-and-mouth disease (FMD) and rinderpest. These actions will relieve some restrictions on the importation into the United States of certain animals and animal products from those regions, while continuing to protect against the introduction of CSF, SVD, FMD, and rinderpest into the United States.
Defense Federal Acquisition Regulation Supplement; Safeguarding Unclassified DoD Information (DFARS Case 2011-D039)
On October 28, 2011 (76 FR 66889), DoD gave notice of a public meeting to be held on November 15, 2011, from 9:30 a.m. to 12 p.m. EST at the General Services Administration (GSA), Central Office Auditorium. This meeting has been cancelled and may be rescheduled at a later date after review and evaluation of public comments received. Public comments should still be submitted by December 16, 2011 using one of the methods discussed under the section below titled ADDRESSES.
Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines
In response to requests from interested parties, the Mine Safety and Health Administration (MSHA) is extending the comment period on the proposed rule addressing Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines. This extension gives commenters additional time to comment on the proposed rule. The proposal was published on August 31, 2011.
Establishment of Class D and Amendment of Class E Airspace; Los Angeles, CA
This action establishes Class D airspace at Los Angeles International Airport, Los Angeles, CA. Controlled airspace is necessary to contain potential missed approaches at Los Angeles International Airport. This action enhances the safety and management of aircraft operations at the airport. This action also edits Class E airspace by adding the geographic coordinates and the airport name to the airspace designation.
Extending Religious and Family Member FICA and FUTA Exceptions to Disregarded Entities; Correction
This document describes a correction to final and temporary regulations (TD 9554) extending the exceptions from taxes under the Federal Insurance Contributions Act (``FICA'') and the Federal Unemployment Tax Act (``FUTA'') under sections 3121(b)(3) (concerning individuals who work for certain family members), 3127 (concerning members of religious faiths), and 3306(c)(5) (concerning persons employed by children and spouses and children under 21 employed by their parents) of the Internal Revenue Code (``Code'') to entities that are disregarded as separate from their owners for Federal tax purposes. The temporary regulations also clarify the existing rule that the owners of disregarded entities, except for qualified subchapter S subsidiaries, are responsible for backup withholding and related information reporting requirements under section 3406. These regulations were published in the Federal Register on Tuesday, November 1, 2011 (76 FR 67363).
National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List: Partial Deletion of the Tar Lake Superfund Site
The Environmental Protection Agency (EPA) Region 5 is issuing a Notice of intent of Partial Deletion of the following two parcels of the Tar Lake Site Superfund (Site) located in Mancelona, Michigan from the National Priorities List (NPL): the non-East Tailings Area (ETA) part of property PIN 05-11-129-006-00 (41.4 acres); and the non-ETA part of property PIN 05-11-129-007-00 (33.63 acres) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA and the State of Michigan, through the Michigan Department of Environmental Quality, have determined that all appropriate response actions at these two parcels under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund. This partial deletion pertains only to the two property PINs listed above. The deletion of these two parcels from the Site affects all surface soils, subsurface soils, structures and groundwater within the boundaries of these parcels. In 2005, the ETA, approximately 45.49 acres, in the northeastern part of the Site, was deleted from the NPL when EPA determined that the ETA was acceptable for unrestricted use and unlimited exposure (UU/UE). The two parcels being proposed for deletion are adjacent to and south of the ETA. The current remaining areas of the Site will remain on the NPL and are not being considered for deletion as part of this action.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List: Partial Deletion of the Tar Lake Superfund Site
The U.S. Environmental Protection Agency (EPA) Region 5 is publishing a direct final Notice of Partial Deletion of the following two parcels of the Tar Lake Superfund Site (Site) located in Mancelona, Michigan from the National Priorities List (NPL): The non-East Tailings Area (ETA) part of property PIN 05-11-129-006-00 (41.4 acres); and the non-ETA part of property PIN 05-11-129-007-00 (33.63 acres). Refer to Figures 1 to 3 in the deletion docket to view the location of the two parcels being proposed for deletion. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, as amended, is an appendix to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final partial deletion is being published by EPA with the concurrence of the State of Michigan, through the Michigan Department of Environmental Quality (MDEQ), because EPA has determined that all appropriate response actions at these two parcels under CERCLA, other than operation, maintenance and five-year reviews, have been completed. However, this partial deletion does not preclude future actions under Superfund. This partial deletion pertains only to the two property PINs listed above. The deletion of these two parcels from the Site affects all surface soils, subsurface soils, structures and groundwater within the boundaries of these parcels. In 2005, the ETA, approximately 45.49 acres in the northeastern part of the Site, was deleted from the NPL when EPA determined that the ETA was acceptable for unrestricted use and unlimited exposure (UU/UE). The two parcels being proposed for deletion are adjacent to and south of the ETA. The remaining areas of the Site will remain on the NPL and are not being considered for deletion as part of this action.
Airworthiness Directives; Pacific Aerospace Limited Airplanes
We are adopting a new airworthiness directive (AD) for Pacific Aerospace Limited Model FU24 Airplanes. 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:
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes
We are adopting a new airworthiness directive (AD) for certain Model ATR42 and ATR72 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:
Medicare Program; End-Stage Renal Disease Prospective Payment System and Quality Incentive Program; Ambulance Fee Schedule; Durable Medical Equipment; and Competitive Acquisition of Certain Durable Medical Equipment, Prosthetics, Orthotics and Supplies
This final rule updates and makes certain revisions to the End-Stage Renal Disease (ESRD) prospective payment system (PPS) for calendar year (CY) 2012. We are also finalizing the interim final rule with comment period published on April 6, 2011, regarding the transition budget-neutrality adjustment under the ESRD PPS,. This final rule also sets forth requirements for the ESRD quality incentive program (QIP) for payment years (PYs) 2013 and 2014. In addition, this final rule revises the ambulance fee schedule regulations to conform to statutory changes. This final rule also revises the definition of durable medical equipment (DME) by adding a 3-year minimum lifetime requirement (MLR) that must be met by an item or device in order to be considered durable for the purpose of classifying the item under the Medicare benefit category for DME. Finally, this final rule implements certain provisions of section 154 of the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) related to the durable medical equipment, prosthetics, orthotics and supplies (DMEPOS) Competitive Acquisition Program and responds to comments received on an interim final rule published January 16, 2009, that implemented these provisions of MIPPA effective April 18, 2009. (See the Table of Contents for a listing of the specific issues addressed in this final rule.)
Airworthiness Directives; Gulfstream Aerospace LP (Type Certificate Previously Held by Israel Aircraft Industries, Ltd.) Airplanes
We are adopting a new airworthiness directive (AD) for certain Gulfstream Aerospace LP (type certificate previously held by Israel Aircraft Industries, Ltd.) Model Galaxy and Gulfstream G150 airplanes; and Gulfstream Aerospace LP Model Gulfstream 200 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; Eurocopter France Model AS350B, B1, B2, B3, BA, C, D, and D1; and AS355E, F, F1, F2, N, and NP Helicopters
This amendment supersedes an existing airworthiness directive (AD) for the Eurocopter France (Eurocopter) Model AS350B, B1, B2, B3, BA, C, D, and D1 helicopters; and Model AS355E, F, F1, F2, and N helicopters with certain tail rotor pitch control rods installed. That AD requires a daily check of the tail rotor (T/R) pitch control rod (control rod) outboard spherical bearing (bearing) for play. If play exists, that AD requires measuring the bearing's radial and axial play. Since that AD was issued, an incident occurred where the pilot of a Model AS350 helicopter felt vibrations in the anti-torque pedal in flight, resulting in a precautionary landing. An investigation determined that the control rod showed extensive wear on the ball- joint. This superseding AD maintains the requirements of the existing AD, and expands the applicability to include the Model AS355NP helicopter and additional part-numbered control rods. The actions specified by this AD are intended to prevent failure of a control rod, loss of T/R control, and subsequent loss of control of the helicopter.
Federal Regulations; OMB Circulars, OFPP Policy Letters, and CASB Cost Accounting Standards Included in the Semiannual Agenda of Federal Activities; Withdrawal
The Office of Management and Budget (OMB) is announcing the withdrawal of its semiannual agenda of upcoming activities for Federal regulations, OMB Circulars, Office of Federal Procurement Policy (OFPP) Policy Letters, and Cost Accounting Standards Board (CASB) Cost Accounting Standards.
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