November 15, 2011 – Federal Register Recent Federal Regulation Documents

Standards of Ethical Conduct for Employees of the Executive Branch; Proposed Amendments Limiting Gifts From Registered Lobbyists and Lobbying Organizations; Extension of Comment Period
Document Number: 2011-29569
Type: Proposed Rule
Date: 2011-11-15
Agency: Office of Government Ethics
On September 13, 2011, the Office of Government Ethics published in the Federal Register proposed amendments to the regulation governing standards of ethical conduct for executive branch employees of the Federal Government to impose limits on the use of gift exceptions by all employees to accept gifts from registered lobbyists and lobbying organizations, and to implement the lobbyist gift ban for appointees required to sign the Ethics Pledge prescribed by Executive Order 13490. The public comment period closes on November 14, 2011. OGE is extending the comment period to December 14, 2011.
Taking and Importing Marine Mammals: U.S. Navy Training in 12 Range Complexes and U.S. Air Force Space Vehicle and Test Flight Activities in California
Document Number: 2011-29494
Type: Proposed Rule
Date: 2011-11-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Between January 2009 and May 2011, pursuant to the Marine Mammal Protection Act (MMPA), NMFS issued twelve 5-year final regulations to govern the unintentional taking of marine mammals incidental to Navy training and associated activities. Additionally, in February 2009, pursuant to the MMPA, NMFS issued 5-year regulations to govern the unintentional taking of marine mammals incidental to U.S. Air Force (USAF) space vehicle and test flight activities from Vandenberg Air Force Base (VAFB). These regulations require the issuance of annual ``Letters of Authorization'' (LOAs). Since the issuance of the rules, the Navy realized that their evolving training programs, which are linked to real world events, necessitate greater flexibility in the types and amounts of sound sources that they use. NMFS now proposes to amend the regulations for the affected Navy training ranges to provide for additional flexibility and allow for LOAs with longer periods of validity. Similarly, NMFS now proposes to amend the regulations issued to VAFB in February 2009, to allow for greater flexibility regarding the types and amounts of missile and rocket launches that the USAF conducts.
Medical Certification Requirements as Part of the Commercial Driver's License (CDL); Extension of Certificate Retention Requirements
Document Number: 2011-29481
Type: Rule
Date: 2011-11-15
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA amends its regulations to keep in effect until January 30, 2014, the requirement that interstate drivers subject to the commercial driver's license (CDL) regulations and the Federal physical qualification requirements must retain paper copies of their medical examiner's certificate. Interstate motor carriers are also required to retain copies of their drivers' medical certificates in their driver qualification files. This action is being taken to ensure the medical qualification of CDL holders until all States are able to post the medical self-certification and medical examiner's certificate data on the Commercial Driver's License Information System (CDLIS) driver record. This rule does not, however, extend the compliance dates for States to collect and to post to the CDLIS driver record data from a CDL holder's medical self-certification and medical examiner's certificate.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area
Document Number: 2011-29474
Type: Rule
Date: 2011-11-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS apportions amounts of the non-specified reserve to the initial total allowable catch of Pacific ocean perch in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area. This action is necessary to allow fishing operations to continue. It is intended to promote the goals and objectives of the fishery management plan for the Bering Sea and Aleutian Islands management area.
Fee for Filing a Patent Application Other Than by the Electronic Filing System
Document Number: 2011-29462
Type: Rule
Date: 2011-11-15
Agency: Department of Commerce, Patent and Trademark Office
The Leahy-Smith America Invents Act provides an additional fee of $400 for applications not filed electronically. This final rule revises the rules of practice to include the fee for applications not filed electronically.
Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits
Document Number: 2011-29461
Type: Rule
Date: 2011-11-15
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans to prescribe interest assumptions under the regulation for valuation dates in December 2011. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Citizenship and Immigration Services-015 Electronic Immigration System-2 Account and Case Management System of Records
Document Number: 2011-29452
Type: Rule
Date: 2011-11-15
Agency: Department of Homeland Security, Office of the Secretary
The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of an updated and reissued system of records titled, ``Department of Homeland Security/U.S. Citizenship and Immigration Services-015 Electronic Immigration System- 2 Account and Case Management System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ``Department of Homeland Security/U.S. Citizenship and Immigration Services-015 Electronic Immigration System-2 Account and Case Management System of Records'' from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Small Business Size Standards: Real Estate and Rental and Leasing
Document Number: 2011-29448
Type: Proposed Rule
Date: 2011-11-15
Agency: Small Business Administration, Agencies and Commissions
The U.S. Small Business Administration (SBA) proposes to increase small business size standards for 20 industries and one sub- industry in North American Industry Classification System (NAICS) Sector 53, Real Estate and Rental and Leasing. As part of its ongoing comprehensive review of all size standards, SBA has evaluated all size standards in NAICS Sector 53 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposals that will examine size standards of industries grouped by NAICS Sector. SBA issued a White Paper entitled ``Size Standards Methodology'' and published 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.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Citizenship and Immigration Services-016 Electronic Immigration System-3 Automated Background Functions System of Records
Document Number: 2011-29447
Type: Rule
Date: 2011-11-15
Agency: Department of Homeland Security, Office of the Secretary
The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of an updated and reissued system of records titled, ``Department of Homeland Security/U.S. Citizenship and Immigration Services-016 Electronic Immigration System- 3 Automated Background Functions System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ``Department of Homeland Security/U.S. Citizenship and Immigration Services-016 Electronic Immigration System-3 Automated Background Functions System of Records'' from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Small Business Size Standards: Educational Services
Document Number: 2011-29445
Type: Proposed Rule
Date: 2011-11-15
Agency: Small Business Administration, Agencies and Commissions
The U.S. Small Business Administration (SBA) proposes to increase small business size standards for nine industries in North American Industry Classification System (NAICS) Sector 61, Educational Services. As part of its ongoing comprehensive size standards review, SBA has evaluated all size standards in NAICS Sector 61 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposals that will examine size standards of industries grouped by NAICS Sector. SBA issued a White Paper entitled ``Size Standards Methodology'' and published a notice 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.
Petition for Reconsideration of Action of Rulemaking Proceeding
Document Number: 2011-29437
Type: Rule
Date: 2011-11-15
Agency: Federal Communications Commission, Agencies and Commissions
In this document, Petitions for Reconsideration (Petitions) have been filed in the Commission's Rulemaking proceeding concerning the Commission's Second Report and Order.
Safety Zone; Fireworks Display, Potomac River, National Harbor Access Channel, MD
Document Number: 2011-29409
Type: Rule
Date: 2011-11-15
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a safety zone upon specified waters of the Potomac River. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from a floating platform located within the National Harbor Access Channel, in Prince Georges County, Maryland. This safety zone is intended to protect the maritime public in a portion of the Potomac River.
Safety Zone; Department of Defense Exercise, Hood Canal, WA
Document Number: 2011-29408
Type: Rule
Date: 2011-11-15
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone around vessels involved in a Department of Defense exercise in Hood Canal, WA that will take place on November 21, 2011. A safety zone is necessary to ensure the safety of the maritime public during the exercise. The zone will do so by prohibiting any person or vessel from entering or remaining in the safety zone unless authorized by the Captain of the Port.
Special Local Regulations; Seminole Hard Rock Winterfest Boat Parade, New River and Intracoastal Waterway, Fort Lauderdale, FL
Document Number: 2011-29398
Type: Rule
Date: 2011-11-15
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing special local regulations on the waters of the New River and the Intracoastal Waterway in Fort Lauderdale, Florida during the Seminole Hard Rock Winterfest Boat Parade on Saturday, December 10, 2011. The marine parade will consist of approximately 120 vessels. The marine parade will begin at Cooley's Landing Marina and end at Lake Santa Barbara. From Cooley's Landing Marina, the marine parade will transit east on the New River, then head north on the Intracoastal Waterway to Lake Santa Barbara. These special local regulations are necessary to provide for the safety of life on navigable waters during the marine parade. The special local regulations consist of a series of moving buffer zones around participant vessels as they transit from Cooley's Landing Marina to Lake Santa Barbara. Persons and vessels that are not participating in the marine parade are prohibited from entering, transiting through, anchoring in, or remaining within any of the buffer zones unless authorized by the Captain of the Port Miami or a designated representative.
Performance Measurement
Document Number: 2011-29391
Type: Rule
Date: 2011-11-15
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is adopting a rule addressing reporting requirements for the measurement of the level of service the Postal Service provides in connection with Stamp Fulfillment Services following consideration of comments filed in response to a proposed rule. No commenter opposed the proposed rule. The final rule is therefore adopted as proposed. Adoption of this rule will foster greater transparency and accountability.
Agricultural Career and Employment Grants Program; Correction
Document Number: 2011-29389
Type: Rule
Date: 2011-11-15
Agency: Department of Agriculture
On November 8, 2011, the Office of Advocacy and Outreach published an interim rule concerning grants to assist agricultural employers and farmworkers by improving the supply, stability, safety, and training of the agricultural labor force. The effective date for the rule was inadvertently omitted. This document establishes the effective date of that November 8 interim final rule.
Prohibition on Federal Protective Service Guard Services Contracts With Business Concerns Owned, Controlled, or Operated by an Individual Convicted of a Felony [HSAR Case 2009-001]; Correction
Document Number: 2011-29388
Type: Rule
Date: 2011-11-15
Agency: Department of Homeland Security
This document corrects internal citations within the Homeland Security Acquisition Regulation to reflect previous redesignation of sections related to contracting with corporate expatriates and the recodification of certain public contracting laws in title 41, United States Code.
Privacy Act of 1974; Implementation
Document Number: 2011-29385
Type: Rule
Date: 2011-11-15
Agency: Office of the Secretary, Department of the Treasury
In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Department of the Treasury gives notice of an amendment to this part to reflect consolidation of existing Internal Revenue Service (IRS) systems of records and to continue to exempt the resulting revised systems of records from certain provisions of the Privacy Act. The Office of Chief Counsel has consolidated twelve systems of records into six systems of records. This final rule migrates the previously approved exemptions to the newly revised, renamed, and renumbered systems of records.
Policy Statement on Grant Stamp Procedure in Routine Director Orders
Document Number: 2011-29348
Type: Rule
Date: 2011-11-15
Agency: Surface Transportation Board, Department of Transportation
The Surface Transportation Board (STB or Board) is issuing this policy statement to inform the public that, beginning on December 15, 2011, the Board will implement a grant stamp procedure for certain decisions issued by the Director of the Office of Proceedings (Director). The grant stamp will be used for decisions in uncontested, routine procedural matters delegated to the Director when no further explanation or discussion is necessary. This procedure is designed to better serve the public, to streamline Board processes, and to remove uncertainty.
National Emission Standards for Hazardous Air Pollutant Emissions for Primary Lead Processing
Document Number: 2011-29287
Type: Rule
Date: 2011-11-15
Agency: Environmental Protection Agency
This action finalizes the residual risk and technology review conducted for the Primary Lead Processing source category regulated under national emission standards for hazardous air pollutants (NESHAP). This action finalizes amendments to the NESHAP that include revision of the rule's title and applicability provision, revisions to the stack emission limits for lead, work practice standards to minimize fugitive dust emissions, and the modification and addition of testing and monitoring and related notification, recordkeeping, and reporting requirements. It also finalizes revisions to the regulatory provisions related to emissions during periods of startup, shutdown, and malfunction and makes minor non-substantive changes to the rule.
Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Charlotte-Gastonia-Rock Hill, NC and SC; Determination of Attainment of the 1997 8-Hour Ozone Standard
Document Number: 2011-29184
Type: Rule
Date: 2011-11-15
Agency: Environmental Protection Agency
EPA is taking final action to determine that the Charlotte- Gastonia-Rock Hill, North Carolina-South Carolina nonattainment area has attained the 1997 8-hour ozone national ambient air quality standards (NAAQS). The Charlotte-Gastonia-Rock Hill, North Carolina- South Carolina 1997 8-hour ozone nonattainment area (hereafter referred to as the ``bi-state Charlotte Area'') is composed of Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, Union and a portion of Iredell (Davidson and Coddle Creek Townships) Counties in North Carolina; and a portion of York County in South Carolina. This determination is based upon complete, quality assured, quality controlled, and certified ambient air monitoring data for the years 2008-2010 showing that the bi-state Charlotte Area has monitored attainment of the 1997 8-hour ozone NAAQS. Under the provisions of EPA's ozone implementation rule the requirements for the States of North Carolina and South Carolina to submit an attainment demonstration and associated reasonably available control measures (RACM) analyses, reasonable further progress (RFP) plans, contingency measures, and other planning state implementation plans (SIPs) related to attainment of the 1997 8-hour ozone NAAQS for the bi-state Charlotte Area, shall be suspended for as long as the Area continues to attain the 1997 8-hour ozone NAAQS. Additionally, EPA is responding to comments received on EPA's April 12, 2011, proposed rulemaking.
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