2011 – Federal Register Recent Federal Regulation Documents

In this document, the Commission extends the deadline for filing reply comments on the Commission's Notice of Proposed Rulemaking (NPRM) in this proceeding, which was published in the Federal Register on September 28, 2011. The extension will facilitate the development of a full record given the importance of the issues in this proceeding.

This action proposes to amend Class E airspace at Rugby, ND. Decommissioning of the Rugby non-directional beacon (NDB) at Rugby Municipal Airport, Rugby, ND, has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at Rugby Municipal Airport.

The EPA is announcing that the period for providing public comments on the August 23, 2011 proposed rule titled, ``Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants Reviews,'' is being extended to November 30, 2011.

This action proposes to amend Class E airspace at Portsmouth, OH. Decommissioning of the Portsmouth non-directional beacon (NDB) at the Greater Portsmouth Regional Airport, Portsmouth, OH, has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

This rule finalizes changes to eligibility determinations for free and reduced price school meals to implement nondiscretionary provisions of the Child Nutrition and WIC Reauthorization Act of 2004. This rule also finalizes the following changes set forth in the interim rule published on November 13, 2007 (72 FR 63785)addition of a statutory definition of ``local educational agency,'' specification that a family only has to submit one application for all children in the household as long as they attend schools in the same local educational agency, and requirements to enhance descriptive materials distributed to families. This rule finalizes requirements for electronically-submitted applications, electronic signatures, and use and disclosure standards for such applications. This rule also finalizes year-long eligibility for free or reduced price school meals, unless the household chooses to decline a level of benefits. These changes are intended to provide children with increased access to the school nutrition programs by simplifying the certification process, streamlining program operations, and improving program management.

This action proposes to amend Class E Airspace at Rockingham, NC, as the Roscoe Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures have been developed at Richmond County Airport. This action also would update the airport's geographic coordinates and note the name change to Richmond County Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.

This document proposes to amend provisions in Customs and Border Protection (CPB) regulations to increase the informal entry limit from $2,000 to $2,500. Section 662 of the Customs Modernization provisions of the North American Free Trade Agreement Implementation Act raised the statutory limit by which the Secretary of the Treasury is authorized to prescribe rules and regulations for the declaration and entry of, among other things, imported merchandise when the aggregate value of the shipment does not exceed an amount specified, but not greater than $2,500. The current limit of $2000 was established in 1998 and while that dollar amount has been unchanged, inflation over the intervening years has reduced the value of that amount in real terms. Consequently, CBP proposes to raise the current informal entry amount to its maximum statutory limit in response to inflation that has occurred and thereby to reduce the administrative burden on importers and other entry filers. Moreover, CBP proposes to remove the language requiring formal entry for certain articles, because with the elimination of absolute quotas under the Agreement on Textiles and Clothing, CBP no longer needs to require formal entries for these articles. This document also makes non-substantive editorial and nomenclature changes.

This notice of proposed rulemaking proposes to create a border crossing in Big Bend National Park to be called Boquillas. The Boquillas crossing would be situated between Presidio and Del Rio, Texas. U.S. Customs and Border Protection (CBP) and the National Park Service plan to partner on the construction of a joint use facility in Big Bend National Park where the border crossing would operate. This NPRM proposes to designate the Boquillas border crossing as a ``Customs station'' for customs purposes and a Class B port of entry for immigration purposes. This NPRM also proposes to update the description of a Class B port of entry to reflect current border crossing documentation requirements.

The Gulf of Mexico Fishery Management Council (Council) has submitted Amendment 32 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) for review, approval, and implementation by NMFS. Amendment 32 proposes to implement a 10-year rebuilding plan for gag; revise the annual catch limits (ACLs) and accountability measures (AMs) for gag, red grouper, and shallow-water grouper (SWG); revise recreational annual catch targets (ACTs) for gag and red grouper; implement a 4-month gag recreational season; adjust the commercial quota for gag and SWG for 2012 through 2015 and subsequent fishing years; adjust multi-use individual fishing quota (IFQ) shares for gag and red grouper; and implement a 22-inch (56-cm) commercial minimum size limit for gag. The intent of Amendment 32 is to end overfishing of gag, allow the gag stock to rebuild, and constrain the harvest of red grouper consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).

NMFS is closing the directed herring fishery in management area 1A, because 95 percent of the catch limit for that area has been caught. Effective 0001 hr, October 27, 2011, federally permitted vessels may not fish for, catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of Atlantic herring (herring) in or from Management Area 1A (Area 1A) per calendar day until January 1, 2012, when the 2012 allocation for Area 1A becomes available.

This document adopts, as a final rule, a proposal to amend the Alcohol and Tobacco Tax and Trade Bureau regulations by adding a number of new names to the list of grape variety names approved for use in designating American wines, and to include in the list several separate entries for synonyms of existing entries so that readers can more readily find them. These amendments will allow bottlers of wine to use more grape variety names on wine labels and in wine advertisements.

This action proposes to modify Class D airspace at Santa Monica Municipal Airport, CA, to accommodate aircraft departing and arriving under Instrument Flight Rules (IFR) at Santa Monica Municipal Airport. This action is a result of the FAA's biennial review, along with a study of the Santa Monica Municipal Airport airspace area that would further enhance the safety and management of aircraft operations at the airport.

This amendment adopts a new airworthiness directive (AD) for Sikorsky Model S-92A helicopters. This action requires making pen and ink changes, inserting a copy of this AD, or inserting specified temporary revisions into the Limitations section of the Rotorcraft Flight Manual (RFM) limiting the maximum rolling groundspeed for a normal landing or takeoff from 65 knots to 50 knots for helicopters with a certain serial-numbered landing gear retract actuator (actuator). Instead of limiting the groundspeed, replacing the affected actuator with a modified actuator is terminating action for the requirements of this AD. This amendment is prompted by a report of a main landing gear that would not retract. The manufacturer reports that certain actuators were manufactured with down-lock keys that did not meet the specified minimum hardness requirements. This condition, if not corrected, could lead to a landing gear collapse following a roll- on landing that exceeds 50 knots groundspeed. These actions are intended to prevent collapse of a landing gear and subsequent loss of control of the helicopter.

This action proposes special conditions for the Gulfstream Aerospace LP (GALP) Model G280 airplane. This airplane will have a novel or unusual design feature associated with operation without normal electrical power. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.

This document amends the delegation of authority from the Secretary of Agriculture to the Director of the Office of Communications to serve as the central authority for the creation and use of logos/marks not otherwise provided for by specific laws and regulations, and excluding the Official USDA Seal and Official USDA Symbol.

NMFS proposes to implement Amendment 2 to the Fishery Management Plan for Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands and Amendment 5 to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands (Amendments 2 and 5), prepared by the Caribbean Fishery Management Council (Council). This proposed rule would: establish annual catch limits (ACLs) and accountability measures (AMs) for queen conch and for all reef fish units or complexes that are classified as undergoing overfishing or that contain sub-units which are classified as undergoing overfishing (i.e., snapper, grouper and parrotfish); allocate ACLs among island management areas and, in Puerto Rico only, among commercial and recreational sectors; revise the composition of the snapper and grouper complexes; prohibit fishing for and possession of three parrotfish species; establish recreational bag limits for snappers, groupers, and parrotfishes; and establish framework procedures for queen conch and reef fish species. Amendments 2 and 5 would also revise management reference points and status determination criteria for queen conch, snappers, groupers, and parrotfishes. The intended effect of the rule is to prevent overfishing of queen conch and reef fish species while maintaining catch levels consistent with achieving optimum yield (OY).

This document publishes in the Federal Register an amendment adopting Airworthiness Directive (AD) 2011-15-51, which was sent previously to all known U.S. owners and operators of the specified Bell Model 407 and 427 helicopters by individual letters. This AD requires inspecting certain hydraulic servo actuators to determine whether the shaft turns independently of the nut or the clevis assembly. If the shaft turns independently, this AD requires replacing the servo with an airworthy servo. If the shaft does not turn independently, the AD requires inspecting to determine the condition of the lock washers. Based on the condition of the lock washers, the AD requires either replacing the servo with an airworthy servo, or if any tab of the lock washer is not flush against a flat surface of the nut or clevis assembly, bending it flush against a flat surface. The AD also requires reidentifying the servo by metal-impression stamping or by vibro- etching ``67.01'' onto the modification plate. Also, the AD requires before installing a servo with a part number or serial number identified in this AD, not identified by ``67-01'' on the modification plate, inspecting it by following the requirements of this AD. This AD is prompted by a report that a quality escape by a supplier has occurred and certain servos may have a loose nut, shaft, and clevis assembly due to improper lock-washer installation. An investigation after an accident revealed the clevis nut on the servo was loose. The actions specified by this AD are intended to prevent a malfunction of a servo in the flight control system and subsequent loss of control of the helicopter.

This amendment adopts a new airworthiness directive (AD) for the specified Eurocopter model helicopters. This action requires inspecting the upper end fitting ball joints of the main rotor servocontrols for lateral play, and depending on the findings either repetitively inspecting the ball joint or replacing the servocontrol. This amendment is prompted by reports of noncompliant swaging of the end fitting ball joints on main rotor servocontrols. Investigation has shown that the swaging load applied to the ball joints was 1.3 metric tons instead of the specified 13 metric tons. The actions specified in this AD are intended to prevent failure of the upper end fitting ball joints of the main rotor servocontrols, failure of the upper end fittings, and loss of control of the helicopter.

We, the National Marine Fisheries Service (NMFS), hereby designate critical habitat for the endangered black abalone under the Endangered Species Act (ESA). This designation includes approximately 360 square kilometers of rocky intertidal and subtidal habitat within five segments of the California coast between the Del Mar Landing Ecological Reserve to the Palos Verdes Peninsula, as well as on the Farallon Islands, A[ntilde]o Nuevo Island, San Miguel Island, Santa Rosa Island, Santa Cruz Island, Anacapa Island, Santa Barbara Island, and Santa Catalina Island. This designation includes rocky intertidal and subtidal habitats from the mean higher high water (MHHW) line to a depth of -6 meters (m) (relative to the mean lower low water (MLLW) line), as well as the coastal marine waters encompassed by these areas. We are not designating the specific area from Corona Del Mar State Beach to Dana Point, California, because we conclude that the economic benefits of exclusion from the critical habitat designation outweigh the benefits of inclusion and that exclusion of this specific area will not result in the extinction of the species. We also conclude that two of the specific areas proposed for designation (San Nicolas Island and San Clemente Island) are no longer eligible for designation, based on determinations that the U.S. Navy's revised integrated natural resource management plans (INRMPs) for these areas provide benefits to black abalone.

This document contains a final rule that supersedes the existing procedure governing the filing and processing of applications for administrative exemptions from the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code of 1986 (the Code), and the Federal Employees' Retirement System Act of 1986 (FERSA). The Secretary of Labor is authorized to grant exemptions from the prohibited transaction provisions of ERISA, the Code, and FERSA and to establish an exemption procedure to provide for such relief. This final rule clarifies and consolidates the Department of Labor's exemption procedures and provides the public with a more comprehensive description of the prohibited transaction exemption process.

Section 14204 of the Food, Conservation and Energy Act of 2008 authorizes the Secretary of Agriculture to make grants to assist agricultural employers and farmworkers by improving the supply, stability, safety, and training of the agricultural labor force. Such grants may be made to eligible entities for use in providing services to assist farmworkers who are citizens or otherwise legally present in the United States in securing, retaining, upgrading, or returning from agricultural jobs. The Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act, 2010 (2010 Appropriations Act), included an appropriation of $4 million to the U.S. Department of Agriculture's (USDA) Rural Housing Service (RHS) for this program. The delegation of authority and funding for the program has since been transferred to the Office of Advocacy and Outreach (OAO), within Departmental Management of USDA. The purpose of this rulemaking is to establish regulations governing the grants program, including eligibility, application for, evaluation, award and post- award administration of grants made pursuant to the authority granted to the Secretary under Section 14204.

NMFS proposes 2012 specifications and management measures for Atlantic mackerel and butterfish, and 2012-2014 specifications for Illex and longfin squid. This is the first year that the specifications are being recommended for Atlantic mackerel and butterfish under the provisions of the Mid-Atlantic Fishery Management Council's (Council) Annual Catch Limit and Accountability Measure Omnibus Amendment (Omnibus Amendment). The two squid species are exempt from these requirements because they have a life cycle of less than 1 year. This action also proposes to adjust the closure threshold for the commercial mackerel fishery to 95 percent (from 90 percent), to allow the use of jigging gear to target longfin squid if the longfin squid fishery is closed due to the butterfish mortality cap, and to require a 3-inch (76-mm) minimum codend mesh size in order to possess more than 2,000 lb (0.9 mt) of butterfish (up from 1,000 lb (0.45mt)). Finally, this rule proposes minor corrections in existing regulatory text intended to clarify the intent of the regulations. These proposed specifications and management measures promote the utilization and conservation of the Atlantic Mackerel, Squid, and Butterfish (MSB) resource.

The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the SR 13 Bridge across the Nanticoke River, mile 39.6, at Seaford, DE. The deviation is necessary to accommodate the cleaning and painting of the bridge. This deviation allows the bridge to remain in the closed position throughout the month of November to facilitate the maintenance work.

This document contains final regulations relating to disregarded entities and excise taxes. These regulations also make conforming changes to the tax liability rule for disregarded entities and the treatment of entity rule for disregarded entities with respect to employment taxes. These regulations affect disregarded entities in general and, in particular, disregarded entities that pay or pay over certain federal excise taxes or that are required to be registered by the IRS.