2011 – Federal Register Recent Federal Regulation Documents

On August 24, 2011, FRA published a notice of proposed rulemaking that would remove regulatory provisions requiring railroads to either conduct further analyses or meet certain risk-based criteria in order to avoid positive train control (PTC) system implementation on track segments that do not transport poison- or toxic-by-inhalation (PIH) hazardous materials traffic and are not used for intercity or commuter rail passenger transportation as of December 31, 2015. FRA is announcing a public hearing to provide interested persons an opportunity to provide comments on the proposal and to discuss further development of the regulation. The Rail Safety Improvement Act of 2008 requires the implementation of PTC systems. FRA is also extending the comment period for this proceeding to allow time for interested parties to submit comments after the public hearing.

The U.S. Army Corps of Engineers, Sacramento District, (Corps) received a complete Department of the Army permit application from Tsakopoulos Investments (applicant) to fill 39.81 acres of waters of the United States to construct the proposed Excelsior Estates Project in Sacramento County, CA, in June 2010. The Corps, as the lead agency responsible for compliance with the National Environmental Policy Act (NEPA), determined that the proposed project may result in significant impacts to the environment, and that the preparation of an Environmental Impact Statement (EIS) is required. The applicant proposes to construct a mixed-use community including residential, commercial, office, schools, parks and open space land uses. The residential component of the proposed community would include approximately 4,400 single- and multi-family units, varying in density. The proposed project would also involve 57 acres of commercial and office uses, as well as two elementary schools and a combined middle school and high school on 102 acres. A proposed community park would be constructed on 20 acres and three neighborhood parks would be constructed on 31 acres. The proposed project would also involve the preservation of 123 acres on the eastern portion of the site, containing Morrison Creek and adjacent wetlands. The applicant also proposes to construct approximately 30 acres of drainageways and greenbelts. Finally, the proposed project would involve the construction of on-site and off-site infrastructure, consisting of roads and utility lines, including road extensions along Keifer Boulevard, Excelsior Road and the Jackson Highway. The project site is approximately 862 acres and contains 39.81 acres of waters of the U.S. In addition, the site also contains 13.61 acres of isolated, intrastate waters that are not subject to Corps jurisdiction, which may contain suitable habitat for Federally listed threatened and/or endangered species. The proposed project would involve the discharge of fill material into approximately 28.77 acres of waters of the United States, and the preservation of 11.04 acres of waters of the U.S. The proposed project would also involve the placement of fill material into 13.61 acres of isolated waters. The proposed project may also have indirect impacts on other waters of the U.S.

Announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 61/572,677, entitled ``Method for Estimating Core Body Temperature from Heart Rate,'' filed on July 8, 2011. The United States Government, as represented by the Secretary of the Army, has rights to this invention.

The U.S. Nuclear Regulatory Commission (NRC or Commission) is proposing to update its policy statement on products intended for use by the general public (consumer products). While the NRC is not making any significant changes to the policy, general updating is needed to reflect the approaches and terminology used in radiation protection that have evolved over time, as well as relevant legislation and regulatory actions.

The United States Army Pacific and United States Army Garrison, Hawai`i propose to modernize training ranges, training support infrastructure (e.g., roads and utilities), and training support facilities in the cantonment area at PTA to meet the training requirements of military units in Hawai`i. This modernization would improve the quality of training, make more efficient use of facilities at PTA and reduce a current shortfall in collective (group) live-fire training capabilities for units stationed in Hawai`i. The shortfall has been created by ranges that do not meet current Army design standards or are otherwise not resourced to train platoon and company-sized units when they deploy with their battalions and brigades to PTA to conduct semiannual training. In addition, much of the training support facilities and training support infrastructure at PTA are old, are operating beyond their useful life and do not meet current DoD design standards as defined in the Military Standard 3007 Unified Facilities Criteria and Unified Facilities Guide Specifications. The Army provides a list of modernization projects that could be built in the reasonably foreseeable future within the Draft Programmatic EIS. The modernization list also includes requirements from the U.S. Marine Corps (another major user of PTA), with these projects being evaluated in the cumulative impacts section of the Draft Programmatic EIS. These projects are essential to support modernization of PTA, and to ensure that the Army and other users of PTA continue to have ready access to sustainable training ranges, training support infrastructure (e.g., roads and utilities), and training support facilities in the cantonment area. The Draft Programmatic EIS specifically addresses the requirement for an Infantry Platoon Battle Area (IPBA) at PTA that would include an Infantry Platoon Battle Course (IPBC), Live-fire Shoothouse, and Military Operations on Urban Terrain (MOUT) facility. Other projects on the modernization list are not fully mature because they are still in the planning process and are not yet ready for decision. The Army plans to tier from this Draft Programmatic EIS to address those projects at a time when design alternatives are ready for decision. The IPBA is the only modernization project ready for decision presently.

The NCUA intends to submit the following information collection to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This information collection is published to obtain comments from the public.

The Committee is proposing to add a product and services to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes a service previously furnished by such agency. Comments Must Be Received On or Before: 11/14/2011.

The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM Montana State Office, Billings, Montana, on November 14, 2011.

The Centers for Disease Control and Prevention (CDC), Food and Drug Administration (FDA), and National Institutes of Health (NIH) announce an open meeting concerning antimicrobial resistance. The purpose of the meeting is to present the annual report on progress by Federal agencies in accomplishing activities outlined in A Public Health Action Plan to Combat Antimicrobial Resistance (Action Plan) and solicit comments from the public regarding ITFAR activities including the Annual Progress Report and the Action Plan. The meeting will take place at the Hubert H. Humphrey Building in Washington, DC on Tuesday, November 15, 2011 from 1 p.m.-3:30 p.m. The agenda will consist of welcome and introductory comments, a review of the Action Plan status and plans to update it; and reports of the progress toward implementing the Action Plan in each of the four focus areas: Surveillance, Prevention and Control, Research, and Product Development. The agenda is subject to change without notice. The meeting will then be open for comments from the general public. Persons wishing to participate, including those who wish to make an oral presentation, must register in advance and provide a copy of their presentation by noon Tuesday, November 8, 2011.

These special conditions are issued for the Gulfstream Aerospace LP (GALP) Model G280 airplane. This airplane will have a novel or unusual design feature associated with the pilot-compartment view through a hydrophobic windshield coating, in lieu of windshield wipers. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

These special conditions are issued for the Boeing Model 767- 400ER series airplane. These airplanes, as modified by Continental Airlines, will have a novel or unusual design feature associated with seats with inflatable lapbelts. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The Administration on Aging (AoA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection requirements relating to the Evaluation of the Aging and Disability Resource Center Program.

The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the Neuse River Railroad Bridge, at mile 33.7, over the Neuse River, at New Bern, NC. The deviation restricts the operation of the draw span to facilitate repairs to the main mechanism of the bridge.

The Coast Guard is establishing a temporary security zone encompassing certain waters of the Potomac River, Georgetown Channel, in Washington, DC, in order to safeguard high-ranking public officials from terrorist acts and incidents. This action is necessary to ensure the safety of persons and property, and prevent terrorist acts or incidents. This rule prohibits vessels and people from entering the security zone and requires vessels and persons in the security zone to depart the security zone, unless specifically exempt under the provisions in this rule or granted specific permission from the Coast Guard Captain of the Port Baltimore.

In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) will publish periodic summaries of proposed data collections. Comments are invited on: (a) Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB's estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. 1. Title and purpose of information collection: Appeal Under the Railroad Retirement and Railroad Unemployment Insurance Act; OMB 3220- 0007. Under Section 7(b)(3) of the Railroad Retirement Act (RRA), and Section 5(c) of the Railroad Unemployment Insurance Act (RUIA) any person aggrieved by a decision on his or her application for an annuity or benefit under that Act has the right to appeal to the RRB. This right is prescribed in 20 CFR part 260 and 20 CFR part 320. The notification letter, which is sent at the time of the original action on the application, informs the applicant of such right. When an applicant protests a decision, the concerned RRB office reviews the entire file and any additional evidence submitted and sends the applicant a letter explaining the basis of the determination. The applicant is then notified that if he or she wishes to protest further, they can appeal to the RRB's Bureau of Hearings and Appeals. The appeal process is prescribed in 20 CFR 260.5 and 260.9 and 20 CFR 320.12 and 320.38. The form prescribed by the RRB for filing an appeal under the RRA or RUIA is Form HA-1, Appeal Under the Railroad Retirement Act or Railroad Unemployment Insurance Act. The form asks the applicant to explain the basis for their request for an appeal and, if necessary, to describe any additional evidence they wish to submit in support of the appeal. Completion is voluntary, however, if the information is not provided the RRB cannot process the appeal. The RRB proposes minor editorial and cosmetic changes to Form HA-1.

The Commander, Thirteenth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Spokane Street Swing Bridge across the Duwamish West Waterway, mile 0.3, at Seattle, WA. This deviation mitigates the displacement of approximately 110,000 vehicles that may be affected by the Alaska Way Viaduct Tunnel construction, a major infrastructure improvement project. This temporary deviation benefits public health and safety by permitting more vehicle access across the bridge during peak hours. This deviation allows the bridge to remain closed to waterway traffic during weekday afternoon peak traffic times for a five day period.