2011 – Federal Register Recent Federal Regulation Documents

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to address the impact of the decision in Rothe Development Corporation vs. the DoD and the U.S. Department of the Air Force (USAF) on small disadvantaged business concerns and certain institutions of higher education.

This document announces that EPA has issued a final permit decision granting the Clean Air Act Prevention of Significant Deterioration (PSD) permit application submitted by Avenal Power Center, LLC to authorize construction of the Avenal Energy Project.

This document announces an open meeting of the Negotiated Rulemaking Working Group for Liquid-Immersed and Medium-Voltage Dry Type Transformers (hereafter ``MV Group''). The MV Group is a working group within the Appliance Standards Subcommittee of the Efficiency and Renewables Advisory Committee (ERAC). The purpose of the MV Group is to discuss and, if possible, reach consensus on a proposed rule for regulating the energy efficiency of distribution transformers, as authorized by the Energy Policy Conservation Act (EPCA) of 1975, as amended, 42 U.S.C. 6313(a)(6)(C) and 6317(a). A separate Working Group on Low-Voltage Dry Type Transformers is being convened to discuss and, if possible, reach consensus on a proposed rule for regulating the energy efficiency of low-voltage transformers, as authorized by the Energy Policy Conservation Act (EPCA) of 1975, as amended, 42 U.S.C. 6313(a)(6)(C) and 6317(a) [76 FR 50148].

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

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

The Administrator of the Drug Enforcement Administration (DEA) is issuing this notice of intent to temporarily schedule three synthetic cathinones under the Controlled Substances Act (CSA) pursuant to the temporary scheduling provisions of 21 U.S.C. 811(h). The substances are 4-methyl-N-methylcathinone (mephedrone), 3,4- methylenedioxy-N-methylcathinone (methylone), and 3,4- methylenedioxypyrovalerone (MDPV). This action is based on a finding by the Administrator that the placement of these synthetic cathinones into schedule I of the CSA is necessary to avoid an imminent hazard to the public safety. Any final order will be published in the Federal Register and may not be issued prior to October 11, 2011. Any final order will impose the administrative, civil, and criminal sanctions and regulatory controls of schedule I substances under the CSA on the manufacture, distribution, possession, importation, and exportation of these synthetic cathinones.

NMFS is opening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) for 120 hours. This action is necessary to fully use the C season allowance of the 2011 total allowable catch (TAC) of pollock in Statistical Area 630 of the GOA.

The Coast Guard is establishing safety zones for marine events within the Captain of the Port (COTP) Long Island Sound Zone for a surfing event and fireworks displays. This action is necessary to provide for the safety of life on navigable waters during the events. Entry into, transit through, mooring or anchoring within this zone 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 Arctostaphylos franciscana (Franciscan manzanita), as endangered under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat. After review of all available scientific and commercial information, we find that listing A. franciscana as an endangered species under the Act is warranted. Accordingly, we herein propose to list A. franciscana as an endangered species pursuant to the Act. This proposed rule, if made final, would extend the Act's protections to this species. We believe that critical habitat is not determinable at this time due to lack of knowledge of what physical and biological features are essential to the conservation of the species, or what other areas outside the site that is currently occupied, may be essential for the conservation of the species. The Service seeks data and comments from the public on this proposed listing rule and whether the designation of critical habitat for the species is prudent and determinable.

EPA is taking direct final action to approve a revision to the Yolo-Solano Air Quality Management District portion of the California State Implementation Plan (SIP). This revision concerns volatile organic compound (VOC) emissions from expandable polystyrene product manufacturing operations. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA).

A public hearing is being held to consider and take evidence on a proposal to modify the Pool Plant Definition in the Mideast Milk Marketing Order.

The Department of Veterans Affairs (VA) amends its regulations concerning per diem payments to States to permit continuation of such payments in some situations for veterans who have been evacuated from a State home as a result of an emergency. Per diem is the daily rate paid by VA to a State for providing a specified level of care to eligible veterans in a facility that is officially recognized and certified by VA. This final rule authorizes VA to continue to pay per diem when veterans for whom VA is paying per diem are evacuated as a result of an emergency from a State home to a facility that is not recognized by VA as a State home. The rule requires, in order for per diem payments to continue while the veteran is relocated due to an emergency, that an appropriate VA official determine whether an emergency exists and whether the facility to which veterans may be evacuated (evacuation facility) complies with certain minimum standards. The rule establishes the minimum standards that facilities to which veterans are evacuated must meet in order for States to continue receiving per diem for relocated veterans. These standards also apply to evacuation facilities when veterans are evacuated from contract nursing homes.

The Coast Guard will establish special local regulation during the Chesapeake Bay Workboat Race, a series of boat races to be held on the waters of Back River, Poquoson, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the events. This action is intended to restrict vessel traffic during the power boat races on the Back River in the vicinity of Messick Point, in Poquoson, Virginia.

The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the California Highway 160 Drawbridge across Steamboat Slough, mile 11.2, at the head of Grand Island, Sacramento County, CA. The deviation is necessary to allow California Department of Transportation to paint and perform routine maintenance on the drawbridge. This deviation allows single leaf operation of the double leaf bascule style drawbridge during the project.

The Commission is proposing rules addressing reporting requirements for the measurement of the level of service the Postal Service provides in connection with Stamp Fulfillment Services, through which it fills stamp and product orders received via mail, telephone, facsimile, or Internet at a dedicated fulfillment center. The proposed rules are intended to be consistent with recent Postal Service representations about proposed service standards, measurement methods, and reporting requirements. This document informs the public of the proposed rule and invites public comment.

This Order reinstates the video description rules adopted by the Commission in 2000. ``Video description,'' which is the insertion of audio narrated descriptions of a television program's key visual elements into natural pauses in the program's dialogue, makes video programming more accessible to individuals who are blind or visually impaired. The Order reinstates the requirement that large-market broadcast affiliates of the top four national networks, and multichannel video programming distributor systems (``MVPDs'') with more than 50,000 subscribers, provide video description. It also reinstates the requirement that that all network-affiliated broadcasters (commercial or non-commercial) and all MVPDs pass through any video description provided with network programming they carry, to the extent that they are technically capable of doing so and when that technical capability is not being used for another purpose related to the programming.

The EPA is making a finding that certain states, the District of Columbia, and the Commonwealth of Puerto Rico have not submitted a complete State Implementation Plan (SIP) that addresses basic program elements of the Clean Air Act (CAA or Act) necessary to implement, maintain, and enforce the 2006 24-hour Fine Particulate Matter (PM2.5) National Ambient Air Quality Standards (NAAQS). The EPA refers to these SIP submissions as ``infrastructure'' SIPs, because they address basic structural requirements specified in section 110(a)(1) and (2) that states must establish that they meet following the promulgation of a new or revised NAAQS. Specifically, the EPA is evaluating whether these states, the District of Columbia, and the Commonwealth of Puerto Rico made complete infrastructure SIP submissions to address the applicable requirements of section 110(a)(2)(A) through (M) necessary to implement the 2006 PM2.5 NAAQS, with the exception of section 110(a)(2)(I), portions of section 110(a)(2)(C) pertaining to nonattainment area requirements and section 110(a)(2)(D)(i)(I). By this action, the EPA is identifying those states, the District of Columbia, and the Commonwealth of Puerto Rico that have failed to make a complete submission for some or all of these specific requirements. The finding of failure to submit for some or all of these specific elements establishes a 24-month deadline for the EPA to promulgate a Federal Implementation Plan (FIP) to address each state's outstanding infrastructure SIP elements unless, prior to that time, the state submits, and the EPA approves, a submission that meets the required elements, or unless the state is already subject to an existing FIP that addresses the SIP deficiency.

EPA is determining that the Chattanooga, Alabama-Tennessee- Georgia, fine particulate (PM2.5) nonattainment area (hereafter referred to as ``the Chattanooga Area'') and the Macon, Georgia PM2.5 nonattainment area (hereafter referred to as ``the Macon Area'') have attained the 1997 annual PM2.5 national ambient air quality standards (NAAQS) by the applicable attainment date of April 5, 2010. The determinations of attainment were previously finalized by EPA on May 31, 2011, for the Chattanooga Area and June 2, 2011, for the Macon Area, and were based on quality-assured and certified monitoring data for the 2007-2009 monitoring period. The Chattanooga Area is comprised of Hamilton County in Tennessee, Catoosa and Walker Counties in Georgia, and a portion of Jackson County in Alabama. The Macon Area is comprised of Bibb County in its entirety and a portion of Monroe County in Georgia. EPA is determining to find that both of the above-identified areas attained the 1997 annual PM2.5 NAAQS by the applicable attainment date. EPA is finalizing these actions because they are consistent with the Clean Air Act (CAA) and its implementing regulations.

EPA is taking final action to approve portions of a revision to the State Implementation Plan (SIP), submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (EPD), to EPA on September 30, 2010, for parallel processing. Georgia submitted the final version of this SIP revision on January 13, 2011. The portions of the SIP revision approved by this action incorporate two updates to Georgia's air quality regulations under Georgia's New Source Review (NSR) Prevention of Significant Deterioration (PSD) program. First, the SIP revision establishes appropriate emission thresholds for determining which new stationary sources and modification projects become subject to Georgia's PSD permitting requirements for its greenhouse gas (GHG) emissions. Second, the SIP revision incorporates provisions for implementing the PSD program for the fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). EPA is approving Georgia's January 13, 2011, SIP revision because the Agency has made the determination that this SIP revision is in accordance with the Clean Air Act (CAA or Act) and EPA regulations, including those relating to PSD permitting for GHGs and the PM2.5 NAAQS. Additionally, EPA is responding to adverse comments received on EPA's November 29, 2010, proposed approval of Georgia's September 30, 2010, draft SIP revision.

This action amends Class E Airspace at Shelby, NC, to accommodate the new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures serving Shelby-Cleveland County Regional Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System. This action also changes the airport name.

This notice proposes special conditions for the Diamond Aircraft Industries (DAI), model DA-40NG airplane. This airplane will have a novel or unusual design feature(s) associated with an electronic engine control (EEC), also known as a Full Authority Digital Engine Control (FADEC). 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.

These special conditions are issued for the Embraer S.A., EMB 505 airplane. This airplane will have a novel or unusual design feature(s) associated with the installation of a single-place side- facing seat. The applicable airworthiness regulations do not provide adequate or appropriate safety standards for this design feature. In order to provide a level of safety that is equivalent to that afforded to occupants of forward and aft facing seating, additional airworthiness standards, in the form of special conditions, are necessary.

The Office of Personnel Management published a final rule in the Federal Register on August 23, 2011, (76 FR 52539) revising the factor at 5 CFR 843.309(b)(2) used to convert a lump sum basic employee death benefit under 5 U.S.C. 8442(b) to 36 installment payments. That change inadvertently stated that the revised factor would apply to deaths occurring on or after October 1, 2004. The revised factor, however, applies to deaths occurring on or after October 1, 2011. Therefore, this document corrects the final regulation by revising this date. Additionally, this document corrects a misspelling in the heading to Appendix A to subpart C of part 843 that was included with the rule.

This document is being issued to correctly revise tolerance levels, for the pesticide, flubendiamide in or on the meat and meat byproducts of cattle, goat, hog, horse, and sheep. The tolerance levels were inadvertently transcribed incorrectly in a final rule printed in the Federal Register on March 23, 2011.