2011 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing safety zones for Fireworks displays within the Captain of the Port (COTP) Long Island Sound Zone. This action is necessary to provide for the safety of life on navigable waters during these events. Entry into, transit through, mooring or anchoring within these zones is prohibited unless authorized by the COTP Sector Long Island Sound.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the red-crowned parrot (Amazona viridigenalis) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that listing the red-crowned parrot as endangered or threatened is warranted. Currently, however, listing the red-crowned parrot is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add the red- crowned parrot to our candidate species list. We will develop a proposed rule to list the red-crowned parrot as our priorities allow. We will make any determination on critical habitat during development of the proposed listing rule. During any interim period, we will address the status of the candidate taxon through our annual Candidate Notice of Review (CNOR).

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's Electronic Tariff Filing System (ETFS), Report and Order (Order). This notice is consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules.

This document describes a correcting amendment to final regulations (TD 9549) that implement the redesigned Form 990, ``Return of Organization Exempt From Income Tax''. These regulations were published in the Federal Register on Thursday, September 8, 2011 (76 FR 55746).

We, the U.S. Fish and Wildlife Service (Service), determine endangered status under the Endangered Species Act of 1973 (Act), as amended, for the Ozark Hellbender (Cryptobranchus alleganiensis bishopi), a subspecies found in northern Arkansas and southern Missouri. This final rule implements the Federal protections provided by the Act for this species. We have also determined that the designation of critical habitat for the Ozark Hellbender is not prudent. The final rule for the CITES Appendix III listing for the Ozark and Eastern Hellbender is being published concurrently in today's Federal Register.

We, the U.S. Fish and Wildlife Service (Service), announce a partial 90-day finding on a petition to list 404 species in the southeastern United States as threatened or endangered under the Endangered Species Act of 1973, as amended (Act) and to designate critical habitat. Based on our review, we find that for 11 of the 404 species: Sarah's hydroptila caddisfly (Hydroptila sarahae), Rogue Creek hydroptila caddisfly (Hydroptila okaloosa), Florida brown checkered summer sedge (Polycentropus floridensis), Florida fairy shrimp (Dexteria floridana), South Florida rainbow snake (Farancia erytrogramma seminola), Ouachita creekshell (Villosa arkansasensis), crystal darter (Crystallaria asprella), spotted darter (Etheostoma maculatum), Florida bog frog (Rana okaloosae), Greensboro burrowing crayfish (Cambarus catagius), and Blood River crayfish (Orconectes burri), the petition does not present substantial scientific or commercial information indicating that listing may be warranted at this time. Therefore, we are not initiating a status review for these 11 species. However, we ask the public to submit to us any new information that becomes available concerning the status of, or threats to, these 11 species or their habitat at any time.

This document contains corrections to final regulations (TD 9543) that were published in the Federal Register on Tuesday, August 23, 2011 (76 FR 52561), the regulations provide guidance on the proper use of registered or certified mail, or a service of a private delivery service designated under criteria established by the Internal Revenue Service, will constitute prima facie evidence of delivery. The regulations affect taxpayers who mail Federal tax documents to the Internal Revenue Service or the United States Tax Court.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list five mussel species in Texas as threatened or endangered and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). The five species are Texas fatmucket (Lampsilis bracteata), golden orb (Quadrula aurea), smooth pimpleback (Q. houstonensis), Texas pimpleback (Q. petrina), and Texas fawnsfoot (Truncilla macrodon). After review of all available scientific and commercial information, we find that listing these five mussel species is warranted. Currently, however, listing of these species is precluded by higher priority actions to amend the Federal Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add these five species to our candidate species list. We will develop a proposed rule to list these species as our priorities allow. We will make any determination on critical habitat during development of the proposed listing rule. In any interim period, we will address the status of the candidate taxa through our annual Candidate Notice of Review.

The U.S. Small Business Administration (SBA or Agency) is proposing to amend its regulations to implement provisions of the Small Business Jobs Act of 2010, which pertain to small business subcontracting. SBA is proposing to amend its regulations to provide for a ``covered contract'' (a contract for which a small business subcontracting plan is required, currently valued above $1.5 million for construction and $650,000 for all other contracts), a prime contractor must notify the contracting officer in writing whenever the prime contractor does not utilize a subcontractor used in preparing its bid or proposal during contract performance. SBA is also proposing to amend its regulations to require a prime contractor to notify a contracting officer in writing whenever the prime contractor reduces payments to a subcontractor or when payments to a subcontractor are 90 days or more past due. In addition, SBA is proposing to clarify that the contracting officer is responsible for monitoring and evaluating small business subcontracting plan performance. SBA is also proposing to clarify which subcontracts must be included in subcontracting data reporting, which subcontracts should be excluded, and the way subcontracting data is reported. SBA is also proposing to make other changes to update its subcontracting regulations, including changing subcontracting plan thresholds and referencing the electronic subcontracting reporting system (eSRS). Some of the SBA's proposed changes would require the contracting officer to review subcontracting plan reports within 60 days of the report ending date. Finally, SBA is also proposing to address how subcontracting plan requirements and credit towards subcontracting goals can be implemented in connection with Multi-agency, Federal Supply Schedule, Multiple Award Schedule and Government-wide Acquisition indefinite delivery, indefinite quantity (IDIQ) contracts.

U.S. Customs and Border Protection (CBP) currently operates a border crossing known as Morses Line, Vermont, located within the port limits of the port of entry of Highgate Springs/Alburg, Vermont. CBP officers are stationed at the Morses Line border crossing to accept entries of merchandise, collect duties, and enforce various provisions of the customs and immigration laws. The Morses Line border crossing is an aging facility that requires extensive upgrades and significant financial resources to update the facility to today's modern standards of border crossings. Based on internal analyses, feedback from many individuals in the local community, and consultation with members of Congress, CBP is evaluating the potential closure of the Morses Line border crossing. CBP is seeking public comment on this potential closure.

This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

This regulation establishes tolerances for residues of prothioconazole in or on multiple commodities which are identified and discussed later in this document. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

We are adopting a new airworthiness directive (AD) for the products listed above. 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:

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.

We, the U.S. Fish and Wildlife Service (Service), are revising designated critical habitat for marbled murrelet (Brachyramphus marmoratus marmoratus) pursuant to the Endangered Species Act of 1973, as amended (Act). On May 24, 1996, we designated 3,887,800 ac (ac) (1,573,340 hectares (ha)) as critical habitat for the marbled murrelet in Washington, Oregon, and California. We are revising the designated critical habitat for the marbled murrelet by removing approximately 189,671 ac (76,757 ha) in northern California and southern Oregon from the 1996 designation, based on new information indicating that these areas do not meet the definition of critical habitat. The areas being removed from the 1996 designation in northern California are within Inland Zone 2, where we have no historical or current survey records documenting marbled murrelet presence. Intensive surveys in southern Oregon indicate the inland distribution of the marbled murrelet is strongly associated with the hemlock/tanoak habitat zone, rather than distance from the coast. Accordingly, the areas being removed in southern Oregon are limited to those areas not associated with the hemlock/tanoak zone. The areas being removed are not considered essential for the conservation of the species. Approximately 3,698,100 ac (1,497,000 ha) of critical habitat is now designated for the marbled murrelet. In this rule, we are also finalizing the taxonomic revision of the scientific name of the marbled murrelet from Brachyramphus marmoratus marmoratus to Brachyramphus marmoratus.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD would require replacement of the thumbnail fairing edge seals on both sides of the engines with Nitronic 60 stainless steel alloy seals. This proposed AD was prompted by reports of excessive in-service wear damage of the thumbnail fairing edge seal and the fan cowl panel rub strip and fan cowl skin assembly. We are proposing this AD to prevent failure of the fire seal, which could allow a fire in the fan compartment to spread beyond the firewall and reach the flammable fluid leakage zones, resulting in an uncontrolled fire.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated 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:

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) as threatened or endangered and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). Additionally, the petition requested that we recognize and list a western subspecies of the cactus ferruginous pygmy-owl (Glaucidium ridgwayi cactorum), or, alternatively, two potential distinct population segment (DPS) configurations. After review of all available scientific and commercial information, we find that Glaucidium ridgwayi cactorum is not a valid taxon, and, therefore, not a listable entity under the Act. Additionally, using the currently accepted taxonomic classification of the pygmy-owl (Glaucidium brasilianum cactorum), we find that listing the pygmy-owl is not warranted at this time throughout all or a significant portion of its range, including the petitioned and other potential DPS configurations. However, we ask the public to submit to us at any time any new information concerning the taxonomy or status of the pygmy-owl, as well as any new information on the threats to the pygmy-owl or its habitat.

We, the U.S. Fish and Wildlife Service, announce a 12-month finding on a petition to list the northern leopard frog (Lithobates (=Rana) pipiens) under the Endangered Species Act of 1973, as amended (Act). After review of the best scientific and commercial information, we find that listing the northern leopard frog is not warranted at this time. However, we ask the public to submit to us any new information that becomes available concerning threats to the northern leopard frog or its habitat at any time.

The Food and Drug Administration (FDA) is announcing that it has determined, after conducting a review of its existing regulations issued within the past 10 years that contain statements in regulatory preambles or codified provisions intended by the Agency to preempt State law, that three FDA regulatory preambles contain or refer to statements about preemption that are not legally justified. FDA conducted this review in response to the President's May 20, 2009, ``Memorandum for the Heads of Executive Departments and Agencies,'' which outlined the Administration's policy on preemption, in keeping with the principles in Executive Order 13132 on Federalism. The President's memorandum included a directive that such a review be conducted. FDA is also taking this opportunity to clarify certain preamble statements related to preemption resulting from express preemption provisions in the Federal Food, Drug, and Cosmetic Act (FD&C Act) concerning nonprescription drugs and food labeling.

We, the U.S. Fish and Wildlife Service (Service or USFWS), are proposing to remove the gray wolf (Canis lupus) in Wyoming from the List of Endangered and Threatened Wildlife. This rule focuses on the Wyoming portion of the Northern Rocky Mountain (NRM) Distinct Population Segment (DPS), except where discussion of the larger Greater Yellowstone Area (GYA) or NRM metapopulation (a population that exists as partially isolated sets of subpopulations) is necessary to understand impacts to wolves in Wyoming. The best scientific and commercial data available indicate that wolves in Wyoming are recovered and no longer meet the definition of endangered or threatened under the Endangered Species Act of 1973, as amended (Act). Wyoming's wolf population is stable, threats are addressed, and a post-delisting monitoring and management framework has been developed. However, additional changes to Wyoming State law and Wyoming Game and Fish Commission regulations are necessary for implementation. We expect the State of Wyoming to adopt the necessary statutory and regulatory changes within the next several months. If this proposal is finalized, the gray wolf would be delisted in Wyoming, the nonessential experimental population designation would be removed, and future management for this species, except in National Parks and National Wildlife Refuges, would be conducted by the appropriate State or Tribal wildlife agencies. We seek information, data, and comments from the public about this proposal including the post-delisting monitoring and management framework.

We are adopting a new airworthiness directive (AD) for all Airbus Model A300 series airplanes; Model A310 series airplanes; and Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model C4- 605R Variant F airplanes (collectively called A300-600 series airplanes). This AD results from mandatory continuing airworthiness information (MCAI) originated 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: * * * * * A recent analysis conducted by the manufacturer showed a particular risk for explosive failure of the * * * hydraulic accumulator. This condition, if not detected and corrected, might, for some aeroplane installations, lead to damage to all three hydraulic circuits, possibly resulting in loss of control of the aeroplane or could, for certain other aeroplane installations, lead to an undetected fire in the wheel bay. * * * * * We are issuing this AD to require actions to correct the unsafe condition on these products.

We are amending the bovine tuberculosis regulations regarding State and zone classifications by reclassifying a zone in New Mexico consisting of Curry and Roosevelt Counties. We have determined that the zone meets the criteria for accredited-free status. Since the remainder of the State is already classified as accredited free, the entire State of New Mexico is now classified as accredited free. This action relieves certain restrictions on the interstate movement of cattle and bison from Curry and Roosevelt Counties in New Mexico.

This document announces the approval of the Office of Management and Budget (OMB) for information collection requirements in the sections outlined in the DATES section.