December 2, 2011 – Federal Register Recent Federal Regulation Documents

Farm Loan Programs Loan Making Activities
Document Number: 2011-31046
Type: Rule
Date: 2011-12-02
Agency: Department of Agriculture, Farm Service Agency
The Farm Service Agency (FSA) is amending the Farm Loan Programs (FLP) loan making regulations to implement a new program and to amend existing regulations for direct and guaranteed loans as required by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). This rule establishes the loan making and servicing regulations for the new Land Contract (LC) Guarantee Program. The amendments change the farm experience requirements in the regulations for direct Farm Operating Loans (OL) and direct Farm Ownership Loans (FO), and make certain equine farmers and certain equine losses eligible for Emergency Loans (EM).
Autopsies at VA Expense
Document Number: 2011-31031
Type: Proposed Rule
Date: 2011-12-02
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) proposes to amend its regulation that governs the performance of autopsies on veterans. The proposed rule would correct a cross-reference to VA regulations that authorize certain outpatient and ambulatory care. The proposed rule would also clarify that consent for an autopsy will be implied if 6 months has passed since the decedent's death and there are no objections from the decedent's surviving spouse or next of kin. The proposed rule would also modify current regulations to make the laws of the jurisdiction in which the autopsy will be performed the controlling laws for purposes of determining who has authority to grant permission for the autopsy. The proposed rule would also clarify the authorized purposes of a VA autopsy. Lastly, the proposed rule would clarify that the authority to order an autopsy includes transporting the body at VA's expense to the autopsy facility.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic; Amendment 10
Document Number: 2011-31025
Type: Rule
Date: 2011-12-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this final rule to implement Amendment 10 to the Fishery Management Plan for the Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic (FMP), as prepared and submitted by the Gulf of Mexico and South Atlantic Fishery Management Councils (Councils). This rule revises the lobster species contained within the fishery management unit; establishes an annual catch limit (ACL) for Caribbean spiny lobster; revises the Federal spiny lobster tail-separation permit requirements; revises the regulations specifying the condition of spiny lobster landed during a fishing trip; modifies the undersized attractant regulations; modifies the framework procedures and the protocol for cooperative management with Florida; and authorizes the removal of derelict traps in Federal waters off Florida through Florida's trap cleanup program. Additionally, this rule revises codified text to reflect updated contact information for the state of Florida and regulatory references for the Florida Administrative Code. The intent of this final rule is to specify ACLs for spiny lobster while maintaining catch levels consistent with achieving optimum yield (OY) for the resource.
Servicemembers' Group Life Insurance Traumatic Injury Protection Program-Genitourinary Losses
Document Number: 2011-31020
Type: Rule
Date: 2011-12-02
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is issuing this interim final rule that amends the regulations governing the Servicemembers' Group Life Insurance Traumatic Injury Protection (TSGLI) program by adding certain genitourinary (GU) system losses to the TSGLI Schedule of Losses and defining terms relevant to these new losses. This amendment is necessary to make qualifying GU losses a basis for paying GU-injured Servicemembers TSGLI benefits. The intended effect is to expand the list of losses for which TSGLI payments can be made.
United States Navy Restricted Area, SUPSHIP Bath Maine Detachment Mobile at AUSTAL, USA, Mobile, AL; Restricted Area
Document Number: 2011-31018
Type: Proposed Rule
Date: 2011-12-02
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (Corps) is proposing to amend an existing restricted area to reflect changes in responsible parties for the restricted area around the AUSTAL, USA shipbuilding facility located in Mobile, Alabama. The Supervisor of Shipbuilding, Conversion and Repair, United States Navy (USN), Gulf Coast (SUPSHIP Gulf Coast) assumed the duties of administering new construction contracts at AUSTAL USA in Mobile, Alabama, on October 9, 2011, replacing Supervisor of Shipbuilding, Conversion, and Repair, USN, Bath (SUPSHIP Bath). Therefore, the Department of the Navy has requested an amendment to the regulation to reflect the change in responsible parties. There are no other changes proposed for this restricted area.
Restricted Areas and Danger Zones at Eglin Air Force Base, FL
Document Number: 2011-31017
Type: Rule
Date: 2011-12-02
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (Corps) is amending its restricted area/danger zone regulations to update and revise several existing danger zone and restricted area descriptions and restrictions, remove one existing restricted area and establish four new restricted areas within the Eglin Air Force Base (AFB) facilities and along the Eglin AFB facility shoreline in Florida. The Eglin AFB and Eglin Reservation span over 724 square miles with over 150 miles of waterway boundary. This amendment to the existing regulation is necessary to update Eglin AFB water safety and water boundary security in order to provide adequate protection to Eglin AFB personnel and resources in concert with changing mission goals and multi-service/agency special testing and operation needs.
Table Saw Blade Contact Injuries; Notice of Extension of Time for Comments
Document Number: 2011-31008
Type: Proposed Rule
Date: 2011-12-02
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (``CPSC'' or ``Commission'' or ``we'') is considering whether a new performance safety standard is needed to address an unreasonable risk of injury associated with table saws. We are conducting this proceeding under the authority of the Consumer Product Safety Act (``CPSA''), 15 U.S.C. 2051-2084. In the Federal Register of October 11, 2011 (76 FR 62678), we published an advance notice of proposed rulemaking (``ANPR''), inviting written comments concerning the risk of injury associated with table saw blade contact, regulatory alternatives, other possible means to address this risk, and other topics or issues. In response to a request from the Power Tool Institute, Inc., we are announcing an extension of the comment period for 60 days.
Safety Zone; Container Crane Relocation, Cooper and Wando Rivers, Charleston, SC
Document Number: 2011-30984
Type: Rule
Date: 2011-12-02
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a 100 yard temporary moving safety zone around a barge transporting two container cranes on the Cooper and Wando Rivers during their relocation from berth 3 at Columbus Street Terminal to berth 1 at Wando Welch Terminal in Charleston, South Carolina on Monday, December 5, 2011. The safety zone is necessary to protect the public from hazards associated with transporting the large cranes by barge. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative.
Express Mail Domestic Postage Refund Policy and Waiver of Signature
Document Number: 2011-30974
Type: Rule
Date: 2011-12-02
Agency: Postal Service, Agencies and Commissions
The Postal Service is revising Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) throughout various sections to modify the policy for filing claims for domestic Express Mail[supreg] postage refunds from 90 days to 30 days after the date of mailing, and to change the Express Mail ``waiver of signature'' standard for domestic items by obtaining an addressee's signature only when the mailer selects the ``signature required'' option on the Express Mail label.
Atlantic Highly Migratory Species; Vessel Monitoring Systems
Document Number: 2011-30956
Type: Rule
Date: 2011-12-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service (NMFS) is finalizing requirements for fishermen to replace currently required Mobile Transmitting Unit (MTU) Vessel Monitoring System (VMS) units with Enhanced Mobile Transmitting Unit (E-MTU) VMS in Atlantic HMS fisheries. The key difference between MTU and E-MTU VMS units is that the E-MTU VMS units are capable of two-way communication. The purpose of this final action is to facilitate enhanced communication with HMS vessels at sea, provide HMS fishery participants with an additional means of sending and receiving information at sea, ensure that HMS VMS units are consistent with the current VMS technology and type approval requirements that apply to newly installed units, and to provide NMFS enforcement with additional information describing gear onboard and target species. This rule affects all HMS pelagic longline (PLL), bottom longline (BLL), and shark gillnet fishermen who are currently required to have VMS onboard their vessels.
Fatigue Tolerance Evaluation of Metallic Structures
Document Number: 2011-30941
Type: Rule
Date: 2011-12-02
Agency: Federal Aviation Administration, Department of Transportation
This rule amends the airworthiness standards for fatigue tolerance evaluation (FTE) of transport category rotorcraft metallic structures. This revises the FTE safety requirements to address advances in structural fatigue substantiation technology for metallic structures. This provides an increased level of safety by avoiding or reducing the likelihood of the catastrophic fatigue failure of a metallic structure. These increased safety requirements will help ensure that should serious accidental damage occur during manufacturing or within the operational life of the rotorcraft, the remaining structure could withstand, without failure, any fatigue loads that are likely to occur, until the damage is detected or the part is replaced. Besides improving the safety standards for FTE of all principal structural elements (PSEs), the amendment is harmonized with international standards.
Establishment of Class D and E Airspace; Frederick, MD
Document Number: 2011-30940
Type: Rule
Date: 2011-12-02
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class D and E airspace at Frederick, MD, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) at Frederick Municipal Airport. This action enhances the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.
Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Revisions To Control Volatile Organic Compound Emissions for Surface Coatings and Graphic Arts
Document Number: 2011-30924
Type: Rule
Date: 2011-12-02
Agency: Environmental Protection Agency
EPA is approving State Implementation Plan (SIP) revisions for control of volatile organic compounds (VOCs) adopted by Louisiana on June 20, 2009 and August 20, 2010, and submitted to EPA on August 31, 2010. EPA is also approving, by parallel processing, a SIP revision for control of emission of organic compounds which was proposed by Louisiana on January 10, 2011 and adopted on April 20, 2011. EPA issued Control Techniques Guidelines (CTGs) in 2006, 2007 and 2008; Louisiana's rule revisions being approved in this action were developed in response to these CTGs. EPA is approving these revisions because they meet the requirements of Reasonably Available Control Technology (RACT) as set forth in the Clean Air Act (CAA) as well as the requirements of EPA's regulations, and they are consistent with EPA's guidance. This action is being taken under section 110 and part D of the CAA.
Approval and Promulgation of Air Quality Implementation Plans; West Virginia and Ohio; Determinations of Attainment of the 1997 Annual Fine Particle Standard for the Parkersburg-Marietta and Wheeling Nonattainment Areas
Document Number: 2011-30923
Type: Rule
Date: 2011-12-02
Agency: Environmental Protection Agency
EPA is making determinations that the Parkersburg-Marietta, West Virginia-Ohio (WV-OH) fine particle (PM2.5) nonattainment area and the Wheeling, WV-OH PM2.5 nonattainment area (hereafter referred to as ``Areas'') have attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) by their applicable attainment date of April 5, 2010. These determinations are based upon complete, quality-assured, and certified ambient air monitoring data for the 2007-2009 monitoring period. EPA is finding these Areas to be in attainment, in accordance with the requirements of the Clean Air Act (CAA).
Defense Federal Acquisition Regulation Supplement: Proposal Adequacy Checklist (DFARS Case 2011-D042)
Document Number: 2011-30907
Type: Proposed Rule
Date: 2011-12-02
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to incorporate a proposal adequacy checklist for proposals in response to solicitations that require submission of certified cost or pricing data.
Amendment of Class E Airspace; Emmonak, AK
Document Number: 2011-30893
Type: Rule
Date: 2011-12-02
Agency: Federal Aviation Administration, Department of Transportation
This action modifies Class E airspace at Emmonak, AK. The revision of two standard instrument approach procedures at the Emmonak Airport has made this action necessary to enhance safety and management of Instrument Flight Rules (IFR) operations.
Amendment of Class E Airspace; Mercury, NV
Document Number: 2011-30884
Type: Rule
Date: 2011-12-02
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Mercury, Desert Rock Airport, Mercury, NV. Decommissioning of the Mercury Non-Directional Beacon (NDB) at Mercury, Desert Rock Airport has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also makes a minor adjustment to the geographic coordinates in the regulatory text.
Airworthiness Directives; Quest Aircraft Design, LLC Airplanes
Document Number: 2011-30881
Type: Rule
Date: 2011-12-02
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Quest Aircraft Design, LLC (Quest) Model Kodiak 100 airplanes. This AD requires you to inspect the torque of the inertial particle separator (IPS) bolts; correct the torque, if necessary; replace the IPS bolts with new IPS bolts within a certain time; and install safety wire around the new IPS bolts. This AD was prompted by five instances where a loose IPS bolt was found on the right-hand side of the engine bypass door attachment. This condition, if not corrected, could lead to an inoperable bypass door, which could result in engine inlet icing with consequent loss of engine power and forced landing. We are issuing this AD to correct the unsafe condition on these products.
Drivers of CMVs: Restricting the Use of Cellular Phones
Document Number: 2011-30749
Type: Rule
Date: 2011-12-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation, Pipeline and Hazardous Materials Safety Administration
FMCSA and PHMSA are amending the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR) to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs). This rulemaking will improve safety on the Nation's highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of CMVs. The Agencies also amend their regulations to implement new driver disqualification sanctions for drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver's license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, motor carriers are prohibited from requiring or allowing drivers of CMVs to use hand-held mobile telephones.
Family Educational Rights and Privacy
Document Number: 2011-30683
Type: Rule
Date: 2011-12-02
Agency: Department of Education
The Secretary of Education (Secretary) amends the regulations implementing section 444 of the General Education Provisions Act (GEPA), which is commonly referred to as the Family Educational Rights and Privacy Act (FERPA). These amendments are needed to ensure that the U.S. Department of Education (Department or we) continues to implement FERPA in a way that protects the privacy of education records while allowing for the effective use of data. Improved access to data will facilitate States' ability to evaluate education programs, to ensure limited resources are invested effectively, to build upon what works and discard what does not, to increase accountability and transparency, and to contribute to a culture of innovation and continuous improvement in education. The use of data is vital to ensuring the best education for our children. However, the benefits of using student data must always be balanced with the need to protect student privacy. Protecting student privacy helps achieve a number of important goals, including avoiding discrimination, identity theft, as well as other malicious and damaging criminal acts.
Drawbridge Operation Regulation; Gulf Intracoastal Waterway (Algiers Alternate Route), Belle Chasse, LA
Document Number: 2011-30637
Type: Proposed Rule
Date: 2011-12-02
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to change the regulation governing the operation of the SR 23 bridge across the Gulf Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse, Plaquemines Parish, Louisiana. Due to increased vehicular traffic, the State of Louisiana requested a change to the operation schedule, allowing the bridge to open only on the hour during the day from Monday through Friday, while maintaining morning and afternoon maritime restrictions.
Amendment of Class E Airspace; Olathe, KS
Document Number: 2011-30530
Type: Rule
Date: 2011-12-02
Agency: Federal Aviation Administration, Department of Transportation
This action removes Class E airspace designated as an extension to Class D, and amends Class E airspace for Olathe, KS. Decommissioning of the Johnson County VHF Omnidirectional Range/ Distance Measuring Equipment (VOR/DME) at Johnson County Executive Airport, Olathe, KS, has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Establishment of Class E Airspace; Stuart, IA
Document Number: 2011-30529
Type: Rule
Date: 2011-12-02
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E airspace for Stuart, IA, to accommodate new COPTER area navigation (RNAV) Standard Instrument Approach Procedures at the City of Stuart Helistop. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the heliport.
Amendment of Class E Airspace; Centerville, IA
Document Number: 2011-30527
Type: Rule
Date: 2011-12-02
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace for Centerville, IA. Decommissioning of the Centerville non-directional beacon (NDB) and cancellation of the NDB approach, at Centerville Municipal Airport, as well as the addition of a new COPTER area navigation (RNAV) SIAP at Mercy Medical Center-Centerville Heliport, has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations within the National Airspace System. The geographic coordinates of Centerville Municipal Airport are being updated also.
Certification of Part 23 Turbofan- and Turbojet-Powered Airplanes and Miscellaneous Amendments
Document Number: 2011-30412
Type: Rule
Date: 2011-12-02
Agency: Federal Aviation Administration, Department of Transportation
This action enhances safety by amending the applicable standards for part 23 turbofan- and turbojet-powered airplaneswhich are commonly referred to as ``part 23 jets,'' or ``jets''as well as turbopropeller-driven and reciprocating-engine airplanes, to reflect the current needs of industry, accommodate future trends, address emerging technologies, and provide for future airplane operations. This action is necessary to eliminate the current workload of processing exemptions, special conditions, and equivalent level of safety findings necessary to certificate jets. The effect of the changes will: Enhance safety by requiring additional battery endurance requirements; increase the climb gradient performance for certain part 23 airplanes; standardize and simplify the certification of jets; clarify areas of frequent non-standardization and misinterpretation, particularly for electronic equipment and system certification; and codify existing certification requirements in special conditions for jets that incorporate new technologies.
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