2011 – Federal Register Recent Federal Regulation Documents

This is a notice of an Administrative declaration of a disaster for the State of California dated 09/29/2011. Incident: Canyon Fire. Incident Period: 09/04/2011 through 09/11/2011. Effective Date: 09/29/2011. Physical Loan Application Deadline Date: 11/28/2011. Economic Injury (EIDL) Loan Application Deadline Date: 06/29/2012.

This is an amendment of the Presidential declaration of a major disaster for the State of Texas (FEMA-4029-DR), dated 09/09/2011. Incident: Wildfires. Incident Period: 08/30/2011 and continuing. Effective Date: 09/28/2011. Physical Loan Application Deadline Date: 11/08/2011. EIDL Loan Application Deadline Date: 06/06/2012.

The National Marine Fisheries Service (NMFS) announces approval of Amendment 13 to the Fishery Management Plan for the Scallop fishery off Alaska (FMP). Amendment 13 implements an annual catch limit (ACL) and accountability measures (AMs) to prevent overfishing in the target fishery for weathervane scallops. Implementing these measures requires revising the maximum sustainable yield (MSY) and the optimum yield (OY) for weathervane scallops to account for total catch. Amendment 13 also clarifies that, in the absence of a statewide estimate of spawning biomass for weathervane scallops, the overfishing level (OFL) is specified as the MSY. Under Amendment 13, scallop species not targeted in the fishery are classified as Ecosystem Component (EC) species. Amendment 13 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), the FMP, and other applicable laws. No changes in Federal regulations are implemented by this amendment.

OSHA invites interested parties to participate in an informal stakeholder meeting on preventing occupational hearing loss. Every year, between 20,000 and 25,000 workers suffer from preventable hearing loss due to high workplace noise levels. The purpose of this meeting is to provide a forum and gather information on the best practices for noise reduction in the workplace, including a discussion on personal protective equipment, hearing conservation programs and engineering controls. OSHA is holding this stakeholder meeting as part of its commitment to work with stakeholders on approaches to preventing occupational hearing loss.

The Department of Education (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public and helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Director, Information Collection Clearance Division, Privacy, Information and Records Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

This public notice provides information on how to apply for the DV-2013 Program. This notice is issued pursuant to 22 CFR 42.33(b)(3) which implements sections 201(a)(3), 201(e), 203(c), and 204(a)(1)(I) of the Immigration and Nationality Act, as amended, (8 U.S.C. 1151, 1153, and 1154(a)(1)(I)).

The U.S. Department of Energy (DOE) announces its decision to issue a loan guarantee under Title XVII of the Energy Policy Act of 2005 (EPAct 2005) to First Solar, Inc., (First Solar) for construction and start-up of the Desert Sunlight Solar Farm Project (DSSFP or the Project), a 550-megawatt (MW) nominal capacity solar photovoltaic power generating facility on approximately 4,144 acres, all of which is administered by the U.S. Department of the Interior, Bureau of Land Management (BLM), in Riverside County, California. The potential environmental impacts of constructing and operating this project were analyzed pursuant to the National Environmental Policy Act (NEPA) in Plan Amendment/Final Environmental Impact Statement for the Desert Sunlight Solar Farm Project (76 Federal Register [FR] 21402; April 15, 2011) prepared by the BLM Palm Springs- South Coast Field Office with DOE as a cooperating agency. BLM consulted DOE during preparation of the EIS, DOE provided comments to BLM on the content, and BLM addressed those comments in the Final EIS. DOE subsequently determined that the project analyzed in the Final EIS is substantially the same as the project that would be covered by the DOE loan guarantee and that its own NEPA procedures had been satisfied, and DOE adopted the Final EIS (DOE/EIS-0448) (76 FR 37112; June 24, 2011).

This notice announces a teleconference of the Environmental Management Site-Specific Advisory Board (EM SSAB) Chairs. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this teleconference be announced in the Federal Register.

The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt of an application (Application), filed on August 22, 2011, by ConocoPhillips Company (ConocoPhillips), requesting blanket authorization to export liquefied natural gas (LNG) that previously had been imported into the United States from foreign sources in an amount up to the equivalent of 500 Billion cubic feet (Bcf) of natural gas on a short-term or spot market basis over a two year period commencing on November 30, 2011. ConocoPhillips further requests that such authorization extend to LNG supplies imported from foreign sources to which ConocoPhillips holds title, as well as to LNG supplies imported from foreign sources that ConocoPhillips may export on behalf of other entities who themselves hold title. The LNG would be exported from the LNG terminal facilities owned by Freeport LNG Development, L.P. (Freeport LNG) on Quintana Island, Texas, to any country with the capacity to import LNG via ocean-going carrier and with which trade is not prohibited by U.S. law or policy. The application was filed under section 3 of the Natural Gas Act (NGA), as amended by section 201 of the Energy Policy Act of 1992. Protests, motions to intervene, notices of intervention, and written comments are invited.

The FRA and FTA are issuing this Notice of Intent (NOI) to advise other agencies and the public that they will jointly prepare an EIS to study the implementation of passenger rail service between Tucson, Arizona and Phoenix, Arizona and to serve communities in between the two metropolitan areas (the proposed action). The FRA, FTA, and Arizona Department of Transportation (ADOT) will use a tiered process, as described in the regulations of the Council on Environmental Quality (CEQ) implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) at 40 CFR 1502.20 and 1508.28 (NEPA) and FTA's environmental procedures at 23 CFR 771.111(g) and 774.7. This EIS is the first planning-level tier of the two-tiered environmental review process for the proposed action. FRA and FTA are issuing this Notice to alert interested parties, to solicit public and agency input on the scope of the Tier 1 EIS, provide information on the nature of the proposed project, including the purpose and need for the proposed action, possible alternatives to be considered in the preparation of the Tier 1 EIS, potentially significant impacts to the natural and built environment of those alternatives, and invite public participation in the EIS process. The Tier 1 EIS will be prepared in accordance with the National Environmental Policy Act (NEPA), the CEQ regulations implementing NEPA, the FRA's Procedures for Considering Environmental Impacts as set forth in 64 FR 28545 dated May 26, 1999 (Environmental Procedures), and FTA's Environmental Impact and Related Procedures, in 23 CFR part 771. The EIS will also address Section 106 of the National Historic Preservation Act, Section 4(f) of the U.S. Department of Transportation Act of 1966 (49 U.S.C. 303) and other applicable Federal and state laws and regulations to the extent relevant for a planning-level Tier-1 document. In addition, the Tier 1 study will incorporate the alternatives analyses process required by Federal transit law (49 U.S.C. 5309) and regulation (49 CFR part 611) for a project proposed for New Starts funding. Environmental Review Process: The FRA and FTA will use a tiered process, as provided for in 40 CFR 1508.28 and in accordance with FRA guidance, in the completion of the environmental review of the proposed action. ``Tiering'' is a staged environmental review process applied to environmental reviews for complex projects. The Tier 1 EIS will address broad corridor-level issues and alternatives. Subsequent tiers will analyze site-specific component projects and alternatives based on the decisions made in Tier 1. Tier 1: The Tier 1 assessment will result in a NEPA document with the appropriate level of detail for corridor-level decisions and will address broad overall issues of concern, including but not limited to: Confirming the purpose and need for the proposed action. Confirming the study area appropriate to assess reasonable alternatives. Developing evaluation criteria to identify alternatives that meet the purpose and need of the proposed action and those that do not. Identifying the range of reasonable alternatives to be considered, including the no action alternative, consistent with the current and planned use of the corridor and the existing services within and adjacent to the study area. Identifying the general alignment(s) of the reasonable alternatives. Identifying right-of-way requirements for the reasonable alternatives. Identifying the infrastructure and equipment investment requirements for the reasonable alternatives. Specifying the future no-build alternative that reflects already planned highway and transit developments in the study area expected to be in place by the project design year. Specifying the New Starts baseline alternative that addresses the proposed action's purpose and need to the maximum extent possible without a new transit fixed guideway. Identifying the operational changes required for the reasonable alternatives. Describing and evaluating the potential environmental impacts and mitigation associated with the proposed alternatives in the level of detail appropriate for a Tier 1 EIS. Establishing the timing and sequencing of independent actions to implement the proposed action. Evaluating the transit alternatives under the New Starts criteria specified in 49 U.S.C. 5309 and 49 CFR part 611. The transit alternatives may be subsets of the full build alternatives that provide intercity rail service. Identifying the Locally Preferred Alternative (LPA), FTA's planning level alternative for the New Starts program, through an Alternatives Analysis process. Tier 2: The Tier 2 assessments will not be included in this study but will be identified as future actions to address components of the planning level alternative selected at the conclusion of the Tier 1 EIS. This Tier 1 EIS preparation will include initial planning level elements of a Service Development Plan; present corridor route alternatives; and provide conceptual engineering designs of track, ancillary facilities, stations, and other major design features to a level sufficient to allow for meaningful understanding and comparison of alternatives. The Tier 1 EIS will provide programmatic assessment of environmental effects associated with the construction, operation, and maintenance components of the proposed action. The Tier 1 EIS will evaluate a range of reasonable corridor-level alternatives to include the ``Baseline Conditions'' and ``No Action'' Alternatives. Build alternatives may occur along existing rail line(s) or may be on a new alignment. The EIS will provide for: (1) An FTA-compliant Alternatives Analysis and (2) an FTA-compliant Tier 1 Environmental Impact Statement.

This document announces the availability of and request for public comments on the proposed policy statement addressing the action taken by some Design Approval Holders (DAH) restricting the availability, distribution, and use of Instructions (ICA) through contractual agreements or restrictive language in the actual ICA.

EPA is proposing to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from Motor Vehicle and Mobile Equipment Coating Operations and Adhesives and Sealants. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.

This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Pennsylvania (FEMA-4030-DR), dated September 12, 2011, and related determinations.

Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this proposed rule is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.

The U.S. Department of Energy (DOE) announces its decision to issue a $134 million loan guarantee under Title XVII of the Energy Policy Act of 2005 (EPAct 2005) to Abengoa Bioenergy Biomass of Kansas, LLC (Abengoa) for construction and start-up of a cellulosic ethanol plant near Hugoton, Kansas (Project). The integrated biorefinery will use a combination of biomass feedstocks, such as corn stover and wheat straw, to produce cellulosic ethanol and to generate sufficient electricity to power the facility. The Project site comprises approximately 810 acres of row-cropped agricultural land. The biorefinery facilities will be developed on 385 acres and the remaining 425 acres will continue in agricultural use and act as a buffer area between the biorefinery and the Hugoton city limits. The environmental impacts of the construction and operation of this project were analyzed pursuant to the National Environmental Policy Act (NEPA) in the Final Environmental Impact Statement for the Proposed Abengoa Biorefinery Project near Hugoton, Stevens County, Kansas (DOE/EIS-0407F) (Final EIS) (August 2010) and in an associated Supplement Analysis (DOE/EIS- 0407/SA-1; July 2011), prepared by the DOE Office of Energy Efficiency and Renewable Energy (EERE) Golden Field Office. DOE published a Record of Decision (ROD) on January 12, 2011 (76 FR 2096) to provide Federal funding under Section 932 of EPAct 2005 to Abengoa for the Project. The project for which DOE earlier provided funding under Section 932, with some modifications, is the same project for which DOE is now making a decision to issue a loan guarantee under Title XVII of EPAct 2005. DOE Loan Programs Office determined that the project analyzed in the Final EIS and Supplement Analysis encompasses all activities covered by the loan guarantee.

This notice announces the appointment of the members of the Performance Review Board (PRB) of the Defense Finance and Accounting Service (DFAS). The publication of PRB membership is required by 5 U.S.C. 4314(c)(4). The Performance Review Board (PRB) provides fair and impartial review of Senior Executive Service performance appraisals and makes recommendations regarding performance ratings and performance scores to the Deputy Secretary of Defense.

The Lake Tahoe Federal Advisory Committee meeting that was to be held on October 21 or 24, 2011 at the Lake Tahoe Basin Management Unit, 35 College Drive, South Lake Tahoe, CA 96150 is cancelled. This Committee, established by the Secretary of Agriculture on December 15, 1998 (64 FR 2876), is chartered to provide advice to the Secretary on implementing the terms of the Federal Interagency Partnership on the Lake Tahoe Region and other matters raised by the Secretary.