2011 – Federal Register Recent Federal Regulation Documents

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Vermont (FEMA-4022-DR), dated 09/01/2011. Incident: Tropical Storm Irene. Incident Period: 08/27/2011 through 09/02/2011. Effective Date: 09/16/2011. Physical Loan Application Deadline Date: 10/31/2011. Economic Injury (EIDL) Loan Application Deadline Date: 06/01/2012.

This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of New Jersey (FEMA- 4033-DR), dated 09/15/2011. Incident: Severe Storms and Flooding. Incident Period: 08/13/2011 through 08/15/2011. Effective Date: 09/15/2011. Physical Loan Application Deadline Date: 11/14/2011. Economic Injury (EIDL) Loan Application Deadline Date: 06/15/2012.

EPA is taking direct final action to approve revisions to the Maryland State Implementation Plan (SIP). The revisions establish transportation conformity regulations for the State of Maryland. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of North Carolina for the purpose of establishing system-wide emission limitations from the North Carolina Clean Smokestacks Act (CSA) into the North Carolina SIP. On August 21, 2009, the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (NC DENR), Division of Air Quality (DAQ), submitted an attainment demonstration for the Hickory-Morganton-Lenoir and Greensboro-Winston Salem-High Point 1997 fine particulate matter (PM2.5) nonattainment area. That submittal included a request that the system-wide emission limitations from the North Carolina CSA be incorporated into the State's federally approved SIP. EPA has determined that the CSA portion of this SIP revision is approvable pursuant to the Clean Air Act (CAA or Act).

The Food and Drug Administration (FDA) is amending certain regulations regarding environmental impact considerations, food additives, and generally recognized as safe (GRAS) substances to correct minor errors in the Code of Federal Regulations (CFR). This action is editorial in nature and is intended to provide accuracy and clarity to the Agency's regulations.

The Department of Transportation (Department) proposes to revise its rule implementing the Air Carrier Access Act (ACAA) to provide greater accommodations for individuals with disabilities in air travel by requiring U.S. and foreign air carriers to make their Web sites accessible to individuals with disabilities and to ensure that their ticket agents do the same. It would also require U.S. and foreign air carriers to ensure that their proprietary and shared-use automated airport kiosks are accessible to individuals with disabilities. In addition, the Department proposes to revise its rule implementing Section 504 of the Rehabilitation Act to require U.S. airports to ensure that shared-use automated airport kiosks are accessible to individuals with disabilities. This supplemental notice of proposed rulemaking (SNPRM) applies to U.S. carriers and to foreign air carriers operating flights to, from, and in the United States. It also applies to U.S. airports with annual enplanements of 10,000 or more. The proposed rule establishes the technical criteria and procedures that apply to automated airport kiosks and to Web sites on which covered air transportation is marketed to the general public in the U.S. to ensure that individuals with disabilities can readily use these technologies to obtain the same information and services as other members of the public.

We are adopting a new airworthiness directive (AD) for Empresa Brasileira de Aeron[aacute]utica S.A. (EMBRAER) Model EMB-505 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued 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:

On September 12, 2011, the Secretary of Education (Secretary) published a notice in the Federal Register proposing requirements for Phase 3 of the Race to the Top program (RTT-Phase 3 NPR) (76 FR 56183). The RTT-Phase 3 NPR was incomplete and included minor errors. Through this document, we correct the errors and add the information that was unintentionally omitted. Except as corrected by this notice, the RTT- Phase 3 NPR, including the date by which public comments are due, remains unchanged.

On August 16, 2011 (76 FR 50744), the Coast Guard published a notice of meeting for the Merchant Marine Personnel Advisory Committee in the Federal Register. The Merchant Marine Personnel Advisory Committee was unable to complete all agenda items during a two day working group meeting on September 8-9, 2011 therefore, Coast Guard is adding a day to the meeting. This notice corrects the August 16, 2011 (76 FR 50744) Federal Register notice.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service (NPS) announces the availability of the Record of Decision (ROD) for the Final Environmental Impact Statement (EIS) for the General Management Plan (GMP)/Wilderness Management Plan for Apostle Islands National Lakeshore, Wisconsin. On June 24, 2011, the Regional Director for the NPS Midwest Region approved the ROD for the Final GMP/EIS. As soon as practicable, the NPS will begin to implement the selected alternative.

Pursuant to the Mutual Educational and Cultural Exchange Act of 1961 (the ``Act''), the Department of State (Department) is authorized to facilitate and direct educational and cultural exchange activities in order to develop and promote mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. These exchanges, conducted by Department-designated sponsors assist the Department in furthering the foreign policy objectives of the United States. By this Notice, and in order to enhance its continued oversight and monitoring of designated sponsors, the Department announces its intent to conduct on- site reviews of sponsors in the Summer Work Travel Program to evaluate regulatory compliance with Program regulations set forth at 22 CFR Part 62. The Summer Work Travel Program provides foreign college and university students the opportunity to work and travel in the United States during their extended academic break (i.e., summer vacation) for a period not to exceed four months. On April 26, 2011, the Department published in the Federal Register, an Interim Final Rule governing the Summer Work Travel category of the Exchange Visitor Program. In that rulemaking, the Department explained its three-step approach to addressing a number of concerns regarding sponsor administration of this program. Step one occurred in January 2011 when the Department adopted a pilot program to enhance protections for foreign nationals from Belarus, Bulgaria, Moldova, Romania, Russia, and the Ukraine (``Pilot Program''). Step two was the Interim Final Rule, which incorporated many of the concepts of the Pilot Program into the overall Summer Work Travel program regulations. Now, as step three, the Department intends to conduct on-site reviews of the largest Summer Work Travel program sponsors to monitor sponsor performance, ``to assess category-wide regulatory compliance and to consult with sponsors about implementation of the Interim Final Rule.'' The Department's close monitoring of Summer Work Travel sponsors during the summer of 2011 has resulted in a modification to its plans for on-site reviews. Specifically, the Department evaluated all Summer Work Travel sponsors' compliance with program regulations regarding the maintenance of current and accurate records in the Student and Exchange Visitor Information System (SEVIS) for the period September 1, 2009 through August 30, 2010. It also reviewed Summer Work Travel-related complaints for the 2011 summer season and monitored the media for additional reports of program problems. As a result of these efforts, the Department has determined that it will not visit sponsors based solely on their size, but instead will conduct compliance reviews of those designated sponsors whose compliance with the relevant Exchange Visitor Program regulations deserve closer examination by the Department. Currently there are 51 designated exchange sponsor entities in the Summer Work Travel category. Of those, the Department has identified 14 sponsors that will be part of in the upcoming compliance review. Although the Department may later decide to evaluate additional sponsors, at this time, it intends to visit these 14 sponsors (which together sponsor approximately 65% of all Summer Work Travel participants) sometime between October and December 2011. On average, it is expected that each on-site review will take two full business days and will be preceded ten work days' in advance by written notice and a request for certain specified documents. As noted above, these on-site reviews will focus on evaluating the overall program administration and the effectiveness of the modifications to sponsors' program administration resulting from implementation of the Interim Final Rule and the Pilot Program. A primary goal of these reviews is to assess whether the sponsors have been able ``to comply and remain in continual compliance with all provisions of Part 62'' (22 CFR 62.3(b)(1)). To this end, the reviews will focus on sponsor compliance with the Pilot Program guidelines and participant monitoring requirements, maintenance of accurate SEVIS records, and sponsors' relationships with third parties they have engaged to assist in carrying out the core programmatic functions inherent in the administration of exchange visitor programs, as set forth in the regulations in Part 62 (i.e., screening, selection, orientation, placement, monitoring, and the promotion of mutual understanding). Other areas of interest may include sponsors' roles in assisting participants in finding suitable housing; decision-making processes (including the numbers of participants accepted); self- imposed compliance mechanisms; procedures for handling student participant problems (including finding new jobs for those whose pre- arranged placements were unsatisfactory); and policies for refunding deposits or payments to student participants. Finally, the Department intends to use these reviews as an opportunity for sponsors to provide feedback on the Pilot Program and the Interim Final Rule in general, and more specifically, sponsors' experience with the relevant new regulatory provisions during the summer season of 2011. Feedback will be used to assist in issuing the Final Rule. Best practices will be collected from the on-site reviews and shared with the wider sponsor community. Sponsors who are not included in these reviews and wish to comment should address their comments and concerns to the Department at JVisas@State.gov. The Department believes these compliance reviews are one of many critical steps that can help ensure the Summer Work Travel program meets the underlying goals of the Act while also allowing participants to enjoy safe and successful exchange program experiences conducted within the parameters of the Exchange Visitor Program regulations.

This proposed notice with comment period acknowledges the receipt of a deeming application from the Community Health Accreditation Program (CHAP) for continued recognition as a national accrediting organization for home health agencies (HHAs) that wish to participate in the Medicare or Medicaid programs. Section 1865(a)(3)(A) of the Social Security Act (the Act) requires that within 60 days of receipt of an organization's complete application, we publish a notice that identifies the national accrediting body making the request, describes the nature of the request, and provides at least a 30-day public comment period.

This notice announces the annual adjustment in the amount in controversy (AIC) threshold amounts for Administrative Law Judge (ALJ) hearings and judicial review under the Medicare appeals process. The adjustment to the AIC threshold amounts will be effective for requests for ALJ hearings and judicial review filed on or after January 1, 2012. The calendar year 2012 AIC threshold amounts are $130 for ALJ hearings and $1,350 for judicial review.

The United States Environmental Protection Agency is announcing the 2011 Fall Meeting of the Ozone Transport Commission (OTC). This OTC meeting will explore options available for reducing ground-level ozone precursors in a multi-pollutant context. The Commission will be evaluating potential measures and considering actions in areas such as performance standards for electric generating units (EGUs) for high electric demand days; oil and gas boilers serving EGUs; small natural gas boilers; stationary generators; energy security/energy efficiency; architectural industrial and maintenance coatings; consumer products; institutional, commercial and industrial (ICI) boilers; vapor recovery at gas stations; large above ground storage tanks; seaports; aftermarket catalysts; lightering and non-road idling.