November 28, 2011 – Federal Register Recent Federal Regulation Documents

Passive Activity Losses and Credits Limited
Document Number: 2011-30611
Type: Proposed Rule
Date: 2011-11-28
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations regarding the definition of an ``interest in a limited partnership as a limited partner'' for purposes of determining whether a taxpayer materially participates in an activity under section 469 of the Internal Revenue Code (Code). These proposed regulations affect individuals who are partners in partnerships.
Airworthiness Directives; The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 Series Airplanes
Document Number: 2011-30603
Type: Proposed Rule
Date: 2011-11-28
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede two existing airworthiness directives (AD) that apply to Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The first existing AD currently requires, for certain airplanes, repetitive inspections of the Station (STA) 348.2 frame to detect cracking under the stop fittings and intercostal flanges at stringers S-14L, S-15L, and S-16L, and corrective action if necessary. The second existing AD currently requires repetitive inspections to detect cracking of the intercostal webs, attachment clips, and stringer splice channels, and corrective action if necessary. Since we issued those ADs, we have received reports of cracking of the STA 348.2 frame above the two outboard fasteners attaching the frame inner chord and door stop fittings, and in the outboard chord at stringer S-16L. We have also received reports of missing fasteners in the STA 348.2 frame inner chord. This proposed AD would require additional airplanes to do the inspection for cracking under the stop fittings; extend the repetitive interval for certain airplanes; add a one-time inspection to detect missing fasteners; and update or add certain inspection and repair instructions. This proposed AD would also require, for certain airplanes, repetitive inspections of the cargo barrier net fitting for cracking and repair if necessary. This proposed AD would also add, for certain airplanes, repetitive inspections for cracking of the S-15L aft intercostal, and repair if necessary. We are proposing this AD to detect and correct fatigue cracking of the intercostals on the forward and aft sides of the forward entry door cutout, which could result in loss of the forward entry door and rapid decompression of the airplane.
Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List the Scalloped Hammerhead Shark as Threatened or Endangered Under the Endangered Species Act
Document Number: 2011-30599
Type: Proposed Rule
Date: 2011-11-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, announce a 90-day finding on a petition to list the scalloped hammerhead shark (Sphyrna lewini) or, in the alternative, multiple distinct population segments (DPSs) of the scalloped hammerhead shark as threatened or endangered under the Endangered Species Act (ESA), and to designate critical habitat concurrently with the listing. We find that the petition and information in our files present substantial scientific or commercial information indicating that the petitioned action may be warranted. We will conduct a status review of the species to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information pertaining to this species from any interested party.
FM Asymmetric Sideband Operation and Associated Technical Studies
Document Number: 2011-30598
Type: Proposed Rule
Date: 2011-11-28
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission seeks comment on a request by certain private parties, identified below, that the Commission authorize voluntary asymmetric digital sideband power for FM stations. This document establishes a period for public comment on this request and on two related technical reports.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2011-30582
Type: Proposed Rule
Date: 2011-11-28
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 707-100 long body, -200, -100B long body, and -100B short body series airplanes; Model 707-300, -300B, - 300C, and -400 series airplanes; and Model 720 and 720B series airplanes. For certain airplanes, this proposed AD would require using redefined flight cycle counts, determining the type of material of the horizontal stabilizer, rear spar, upper chords, and lower chords on the inboard and outboard ends of the rear spar; repetitively inspecting for cracking of the horizontal stabilizer components; and repairing or replacing the chord, or modification of chord segments made from 7079 aluminum, if necessary. For all airplanes, this proposed AD would require inspecting certain structurally significant items, and repairing discrepancies if necessary. This proposed AD was prompted by reports of stress corrosion cracking in the chord segments made from 7079 aluminum in the horizontal stabilizer rear spar, and fatigue cracking in the chord segments made from 7075 aluminum. We are proposing this AD to detect and correct stress corrosion and/or fatigue cracking in the horizontal stabilizer, which could compromise the structural integrity of the stabilizer.
Proposed Establishment of Class E Airspace; Boyne City, MI
Document Number: 2011-30572
Type: Proposed Rule
Date: 2011-11-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E airspace at Boyne City, MI. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Boyne City Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Airplanes
Document Number: 2011-30571
Type: Proposed Rule
Date: 2011-11-28
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 190 airplanes. 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; The Boeing Company Airplanes
Document Number: 2011-30559
Type: Proposed Rule
Date: 2011-11-28
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) that applies to certain Model 737-300, -400, and -500 series airplanes. The existing AD currently requires repetitive external detailed inspections or non-destructive inspections to detect cracks in the fuselage skin along the chem-mill steps at stringers S-1 and S-2R, between station (STA) 400 and STA 460, and repair if necessary. Since we issued that AD, we have received reports of additional crack findings of the fuselage skin at the chem-mill steps. This proposed AD would add inspections for cracking in additional fuselage skin locations, and repair if necessary. This proposed AD would also reduce the inspection thresholds and repetitive intervals for certain airplanes. We are proposing this AD to detect and correct fatigue cracking of the fuselage skin panels at the chem-mill steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression of the airplane.
Adjustment of Monetary Threshold for Reporting Rail Equipment Accidents/Incidents for Calendar Year 2012
Document Number: 2011-30540
Type: Rule
Date: 2011-11-28
Agency: Federal Railroad Administration, Department of Transportation
This rule increases the rail equipment accident/incident reporting threshold from $9,400 to $9,500 for certain railroad accidents/incidents involving property damage that occur during calendar year 2012. This action is needed to ensure that FRA's reporting requirements reflect cost increases that have occurred since the reporting threshold was last published in December of 2010.
Proposed Amendment of Class E Airspace; Hastings, NE
Document Number: 2011-30537
Type: Proposed Rule
Date: 2011-11-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Hastings, NE. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Hastings Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.
Safety Zone; Truman-Hobbs Alteration of the Elgin Joliet & Eastern Railroad Drawbridge; Illinois River, Morris, IL
Document Number: 2011-30519
Type: Rule
Date: 2011-11-28
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.
Drawbridge Operation Regulation; City Waterway Also Known as Thea Foss Waterway, Tacoma, WA
Document Number: 2011-30513
Type: Rule
Date: 2011-11-28
Agency: Coast Guard, Department of Homeland Security
The Commander, Thirteenth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the South 11th Street (``Murray Morgan'') Bridge across City Waterway also known as the Thea Foss Waterway, mile 0.6, at Tacoma, WA. The deviation is necessary to perform extensive maintenance and repair work on the bridge, including but not limited to removal and replacement of the roadway surface and the underlying steel stringer substructure as part a major bridge rehabilitation project. This deviation allows the bridge to remain in the closed position during construction activities.This deviation is effective from 8 a.m. on November 14, 2011 through 6 p.m. April 30, 2012.
Safety Zones; New Year's Eve Fireworks Displays within the Captain of the Port St. Petersburg Zone, FL
Document Number: 2011-30509
Type: Rule
Date: 2011-11-28
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing four temporary safety zones during New Year's Eve fireworks displays on certain navigable waterways in Naples, St. Petersburg, Cape Coral, and Sarasota, Florida. These safety zones are necessary to protect the public from the hazards associated with launching fireworks over navigable waters of the United States. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within any of the four safety zones unless authorized by the Captain of the Port St. Petersburg or a designated representative.
Amendment and Establishment of Air Traffic Service Routes; Northeast United States
Document Number: 2011-30500
Type: Rule
Date: 2011-11-28
Agency: Federal Aviation Administration, Department of Transportation
This action corrects a final rule published by the FAA in the Federal Register on September 19, 2011, that amends and establishes nine Air Traffic Service Routes (ATS) in the Northeast United States. This action provides more accurate latitude/longitude coordinates for one waypoint (WP) in the description of area navigation (RNAV) route Q- 480.
Proposed Establishment of Restricted Areas R-5402, R-5403A, R-5403B, R-5403C, R-5403D, R-5403E, and R-5403F; Devils Lake, ND
Document Number: 2011-30495
Type: Proposed Rule
Date: 2011-11-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish restricted area airspace within the Devils Lake Military Operations Area (MOA), overlying Camp Grafton Range, in the vicinity of Devils Lake, ND. The new restricted areas would permit realistic training in modern tactics to be conducted at Camp Grafton Range while ensuring the safe and efficient use of the National Airspace System (NAS) in the Devils Lake, ND, area. Unlike restricted areas which are designated under Title 14 Code of Federal Regulations (14 CFR) part 73, MOAs are not rulemaking airspace actions. However, since the proposed restricted areas overlap the Devils Lake East MOA, the FAA is including a description of the Devils Lake East MOA change in this NPRM. The MOA change described herein will also be published in the National Flight Data Digest (NFDD).
Amendment of Class E Airspace; Luray, VA
Document Number: 2011-30492
Type: Rule
Date: 2011-11-28
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E Airspace at Luray, VA, to accommodate the new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures serving Luray Caverns Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System. This action also makes a minor adjustment to the geographic coordinates of the airport.
Amendment of Class D and Class E Airspace; Baltimore, MD
Document Number: 2011-30489
Type: Rule
Date: 2011-11-28
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class D and Class E airspace at Baltimore, MD, as the Martin Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures have been developed at Martin State Airport. This action also updates the geographic coordinates of the Baltimore VORTAC and makes a minor adjustment to the geographic coordinates of the airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Voluntary Mergers of Federal Home Loan Banks
Document Number: 2011-30487
Type: Rule
Date: 2011-11-28
Agency: Federal Housing Finance Agency
Section 1209 of the Housing and Economic Recovery Act of 2008 (HERA) amended section 26 of the Federal Home Loan Bank Act (Bank Act) to permit any Federal Home Loan Bank (Bank) to merge with another Bank with the approval of its board of directors, its members, and the Director of the Federal Housing Finance Agency (FHFA). This final rule establishes the conditions and procedures for the consideration and approval of voluntary Bank mergers.
Rule Concerning Disclosures Regarding Energy Consumption and Water Use of Certain Home Appliances and Other Products Required Under the Energy Policy and Conservation Act (“Appliance Labeling Rule”)
Document Number: 2011-30436
Type: Proposed Rule
Date: 2011-11-28
Agency: Federal Trade Commission, Agencies and Commissions
The Commission seeks comment on disclosures to help consumers, distributors, contractors, and installers easily determine whether a specific furnace, central air conditioner, or heat pump meets the applicable new Department of Energy efficiency standard for the regions where it will be installed. The Commission seeks comment on the content, location, and format of such disclosures. As part of this effort, the Commission staff will hold a public meeting with the Department of Energy to discuss possible disclosures.
Digital Low Power Television, Television Translator, and Television Booster Stations and To Amend Rules for Digital Class A Television Stations
Document Number: 2011-30424
Type: Rule
Date: 2011-11-28
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements contained in a final rule published July 27, 2011. The information collection requirements were approved on February 7, 2011, and November 17, 2011, by OMB.
Financial Crimes Enforcement Network; Amendment to the Bank Secrecy Act Regulations-Imposition of Special Measure Against the Islamic Republic of Iran as a Jurisdiction of Primary Money Laundering Concern
Document Number: 2011-30331
Type: Proposed Rule
Date: 2011-11-28
Agency: Department of the Treasury
In a notice of finding published elsewhere in this issue of the Federal Register, the Secretary of the Treasury, through his delegate, the Director of FinCEN, found that reasonable grounds exist for concluding that the Islamic Republic of Iran (``Iran'') is a jurisdiction of primary money laundering concern pursuant to 31 U.S.C. 5318A. FinCEN is issuing this notice of proposed rulemaking to impose a special measure against Iran.
Approval and Promulgation of Air Quality Implementation Plans: South Carolina; Negative Declarations for Groups I, II, III and IV Control Techniques Guidelines; and Reasonably Available Control Technology
Document Number: 2011-30303
Type: Rule
Date: 2011-11-28
Agency: Environmental Protection Agency
EPA is taking direct final action to approve several State Implementation Plan (SIP) revisions submitted by the South Carolina Department of Health and Environmental Control (SC DHEC). These revisions establish reasonably available control technology (RACT) requirements for the three major sources located in the portion of York County, South Carolina that is within the bi-state Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina 1997 8-hour ozone nonattainment area that either emit volatile organic compounds (VOC), nitrogen oxides (NOX) or both. The bi-state Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area is hereinafter referred to as the ``bi-state Charlotte Area.'' In addition, South Carolina's SIP revisions include negative declarations for certain source categories for which EPA has control technique guidelines (CTG), meaning that SC DHEC has concluded that no such sources are located in that portion of the nonattainment area. EPA has evaluated the proposed revisions to South Carolina's SIP, and has concluded that they are consistent with statutory and regulatory requirements and EPA guidance.
Approval and Promulgation of Air Quality Implementation Plans: South Carolina; Negative Declarations for Groups I, II, III and IV Control Techniques Guidelines; and Reasonably Available Control Technology
Document Number: 2011-30297
Type: Proposed Rule
Date: 2011-11-28
Agency: Environmental Protection Agency
EPA is proposing to approve several State Implementation Plan (SIP) revisions submitted by the South Carolina Department of Health and Environmental Control (SC DHEC). These revisions establish reasonably available control technology (RACT) requirements for the three major sources located in the portion of York County, South Carolina that is within the bi-state Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina 1997 8-hour ozone nonattainment area that either emit volatile organic compounds, nitrogen oxides or both. The bi-state Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area is hereinafter referred to as the ``bi-state Charlotte Area.'' In addition, South Carolina's SIP revisions include negative declarations for certain source categories for which EPA has control technique guidelines, meaning that SC DHEC has concluded that no such sources are located in that portion of the nonattainment area. EPA has evaluated the proposed revisions to South Carolina's SIP, and has preliminarily concluded that they are consistent with statutory and regulatory requirements and EPA guidance.
Federal Motor Vehicle Safety Standards; Small Business Impacts of Motor Vehicle Safety
Document Number: 2011-30277
Type: Proposed Rule
Date: 2011-11-28
Agency: National Highway Traffic Safety Administration, Department of Transportation
NHTSA seeks comments on the economic impact of its regulations on small entities. As required by Section 610 of the Regulatory Flexibility Act, we are attempting to identify rules that may have a significant economic impact on a substantial number of small entities. We also request comments on ways to make these regulations easier to read and understand. The focus of this notice is rules that specifically relate to school buses and other buses.
Medicare Program; Payment Policies Under the Physician Fee Schedule, Five-Year Review of Work Relative Value Units, Clinical Laboratory Fee Schedule: Signature on Requisition, and Other Revisions to Part B for CY 2012
Document Number: 2011-28597
Type: Rule
Date: 2011-11-28
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule with comment period addresses changes to the physician fee schedule and other Medicare Part B payment policies to ensure that our payment systems are updated to reflect changes in medical practice and the relative value of services. It also addresses, implements or discusses certain statutory provisions including provisions of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (collectively known as the Affordable Care Act) and the Medicare Improvements for Patients and Providers Act (MIPPA) of 2008. In addition, this final rule with comment period discusses payments for Part B drugs; Clinical Laboratory Fee Schedule: Signature on Requisition; Physician Quality Reporting System; the Electronic Prescribing (eRx) Incentive Program; the Physician Resource-Use Feedback Program and the value modifier; productivity adjustment for ambulatory surgical center payment system and the ambulance, clinical laboratory, and durable medical equipment prosthetics orthotics and supplies (DMEPOS) fee schedules; and other Part B related issues.
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