2011 – Federal Register Recent Federal Regulation Documents

The Copyright Royalty Judges are amending their regulations to authorize the use of proxy reports of use to permit distribution of royalties collected for the period April 1, 2004, through December 31, 2009, for the public performance of sound recordings by means of digital audio transmissions pursuant to statutory license. Proxy reports of use will be used for those services for which no reports of use were submitted or for which the reports of use were unusable.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania for the purpose of incorporating the Commonwealth's Diesel-Powered Motor Vehicle Idling Act (Act 124 of 2008, or simply Act 124) into the Pennsylvania SIP. Act 124, passed by the Pennsylvania General Assembly and signed into state law by Governor Rendell in October 2008 (and effective at the state level in February 2009), reduces the allowable time that heavy-duty, commercial highway diesel vehicles of over 10,000 pounds gross vehicle weight can idle their main propulsion engines. The law restricts idling of these commercial diesel vehicles (mostly heavy trucks and buses) to a period of 5 minutes per continuous 60 minute period (with certain allowable exemptions and exclusions). Act 124 applies statewide in the Commonwealth, and is estimated by Pennsylvania to significantly reduce emissions of nitrogen oxides (NOX), volatile organic compounds (VOCs), and fine particulate matter (PM). While idle time emissions limits are not mandatory under the Clean Air Act (CAA), incorporation of Act 124 into the SIP does strengthen the SIP, makes the state law federally enforceable by EPA, and allows the Commonwealth to take credit for emissions benefits from the rule as part of future Pennsylvania SIP revisions to demonstrate compliance with CAA National Ambient Air Quality Standards (NAAQS). This action is being taken under the CAA. In the Final Rules section of this Federal Register, EPA is approving the Commonwealth's SIP submittal as a direct final rule without prior proposal because EPA views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

We, the U.S. Fish and Wildlife Service, are revising regulations governing the Wildlife Restoration, Sport Fish Restoration, and Hunter Education and Safety (Enhanced Hunter Education and Safety) financial assistance programs. We proposed a revision of these regulations on June 10, 2010, to address changes in law, regulation, policy, technology, and practice during the past 25 years. We also proposed a clarification of some provisions of the issue-specific final rule that we published on July 24, 2008. This final rule simplifies specific requirements of the establishing authorities of the three programs and clarifies terms in those authorities as well as terms generally used in grant administration. We organized the final rule to follow the life cycle of a grant, and we reworded and reformatted the regulations following Federal plain language policy and current rulemaking guidance.

The Commission proposes to expand coverage of the Lighting Facts label to include all screw-based and GU-10 and GU-24 pin-based light bulbs. Under this proposal, manufacturers would have 2\1/2\ years to conform their products and packaging to the labeling requirements. The Commission also proposes to require a specific test procedure (LM- 79) for measuring light output for all light emitting diode (LED) bulbs covered by the Rule. Finally, the Commission is not proposing amendments for several other issues such as watt-equivalent standards, directional light disclosures, and lead content disclosures.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires inspecting the wings for internal and external damage, repairing any damage, reinforcing the wings, installing operational limitation placards in the cockpit, and adding limitations to the airplane flight manual supplement. This AD was prompted by a review of installed Flint Aero, Inc. wing tip auxiliary fuel tanks, Supplemental Type Certificate (STC) SA5090NM. We are issuing this AD to detect and correct damage in the wings and to prevent overload failure of the wing due to the installation of the STC. Damage in the wing or overload failure of the wing could result in structural failure of the wing, which could result in loss of control.

The Coast Guard proposes to amend the existing regulations that implement the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention), as well as the Seafarer's Training, Certification and Watchkeeping Code (STCW Code). The changes proposed in this Supplemental Notice of Proposed Rulemaking (SNPRM) address the comments received from the public response to the Notice of Proposed Rulemaking (NPRM), in most cases through revisions based on those comments, and propose to incorporate the 2010 amendments to the STCW Convention that will come into force on January 1, 2012. In addition, this SNPRM proposes to make other non-STCW changes necessary to reorganize, clarify, and update these regulations.

The Environmental Protection Agency (EPA) Region 6 is publishing a direct final Notice of Deletion of the Palmer Barge Line (PBL) Superfund Site located in Port Arthur, Texas (Jefferson County), from the National Priorities List (NPL). The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Texas, through the Texas Commission on Environmental Quality, because EPA has determined that all appropriate response actions at these identified parcels under CERCLA, other than Five-Year Reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

This document extends the period for comments on the proposed rule published on June 21, 2011 (76 FR 36178), regarding the interpretation of section 203 of the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. 433, and corresponding revisions to the Form LM-10 Employer Report and to the Form LM-20 Agreement and Activities Report. The comment period, which was to expire on August 22, 2011, is extended to September 21, 2011.

The Environmental Protection Agency (EPA) Region 6 is issuing a Notice of Intent to Delete the State Marine of Port Arthur (SMPA) Superfund Site located in Port Arthur, Texas, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Texas, through the Texas Commission on Environmental Quality, have determined that all appropriate response actions at these identified parcels under CERCLA, other than Five-Year Reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

Pursuant to the regulations governing the subsistence taking of northern fur seals, this document summarizes the annual fur seal subsistence harvests on St. George and St. Paul Islands (the Pribilof Islands) for 2008 to 2010 and proposes annual estimates of fur seal subsistence needs for 2011 through 2013 on the Pribilof Islands, Alaska. NMFS solicits public comments on the proposed estimates.

On September 25, 2008, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 73 FR 55469. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Henderson County, Kentucky, and Incorporated Areas. Specifically, it addresses the flooding sources Canoe Creek, Canoe Creek Tributary 1 (backwater effects from Ohio River), Cash Creek (backwater effects from Ohio River), Elam Ditch, Elam Ditch Tributary 1, Elam Ditch Tributary 1.1 (backwater effects from Elam Ditch Tributary 1), Elam Ditch Tributary 2, Elam Ditch Tributary 3, Elam Ditch Tributary 4 (backwater effects from Elam Ditch), Elam Ditch Tributary 8 (backwater effects from Elam Ditch), Grane Creek (backwater effects from Ohio River), Grane Creek Tributary 1 (backwater effects from Ohio River), Grane Creek Tributary 5 (backwater effects from Ohio River), Kimsey Lane Left Tributary, Kimsey Lane Right Tributary, Lick Creek (backwater effects from Ohio River), Lick Creek Tributary 2 (backwater effects from Ohio River), Lick Creek Tributary 2.1 (backwater effects from Ohio River), Lick Creek Tributary 4 (backwater effects from Ohio River), Middle Canoe Creek, North Fork Canoe Creek, Ohio River, Old Knoblick Road Creek (backwater effects from Ohio River), Pond Creek (overflow effects from Ohio River), Pond Creek Tributary 6 (overflow effects from Ohio River), Race Creek (backwater effects from Ohio River), Sellers Ditch, Sputzman Creek (backwater effects from Ohio River), Sputzman Creek Tributary 1 (backwater effects from Ohio River), Sputzman Creek Tributary 2 (backwater effects from Ohio River), Sugar Creek (backwater effects from Ohio River), Tiger Ditch (formerly Highway 812 Tributary), Tiger Ditch Tributary 1, and Upper Canoe Creek.

This document corrects the proposed accessibility guidelines for pedestrian facilities in the public right-of-way published in the Federal Register on July 26, 2011. Some of the Web pages referenced in the preamble are inactive and some of the sections of the proposed guidelines contain incorrect references to other sections of the guidelines. This document corrects the Web page references and section references.

The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Third Street Drawbridge across China Basin, mile 0.0, at San Francisco, CA. The deviation is necessary to allow the public to cross the bridge to participate in the scheduled San Francisco Marathon, a community event. This deviation allows the bridge to remain in the closed-to- navigation position during the deviation period.

The Coast Guard is establishing a temporary safety zone in the Houma Navigation Canal, from Waterway Mile Markers 19.0 to 20.0, Southwest of Bayou Plat, bank to bank, Terrebonne Parish, Louisiana. This temporary safety zone is needed to protect the general public, vessels and tows from destruction, loss or injury due to the installation of flood control structures/barriers. Vessels and tows transiting this zone transiting the specified water are required to proceed at slowest safe speed to minimize wake. If necessary, entry into, transit through, mooring, or anchoring within the safety zone during time of enforcement may be prohibited unless authorized by the Captain of the Port, Morgan City or designated representative.

The Postal Service published in the Federal Register of July 12, 2011, a proposed rule pertaining to changes in Move Update standards, which established the comment period through August 11, 2011. This document extends the comment period.

This action proposes to revise Class E airspace at Allakaket AK. The amendment of one standard instrument approach procedure at the Allakaket Airport has made this action necessary to enhance safety and management of Instrument Flight Rules (IFR) operations.

This action proposes to establish Class E Airspace at Bumpass, VA, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures serving Lake Anna Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System.

These special conditions are issued for the installation of an inflatable three-point restraint safety belt with an integrated airbag device at the pilot, co-pilot and passenger seats on the Cessna Aircraft Company airplane models LC40-550FG, LC41-550FG, and LC42- 550FG. These airplanes, as modified by the installation of these inflatable safety belts, will have novel and unusual design features associated with the upper-torso restraint portions of the three-point safety belts, which contain an integrated airbag device. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These 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.

EPA is proposing to determine that the Harrisburg-Lebanon- Carlisle (Harrisburg), Johnstown, Lancaster, York, and Reading fine particle (PM2.5) nonattainment areas (the Areas) in the Commonwealth of Pennsylvania have attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. These proposed determinations are based upon complete, quality assured, and certified ambient air monitoring data that show these Areas have monitored attainment of the 1997 annual PM2.5 NAAQS for the 2007-2009 monitoring period. These determinations are being taken in accordance with the requirements of the Clean Air Act (CAA). In the Final Rules section of this Federal Register, EPA is making these determinations of attainment as a direct final rule without prior proposal because the Agency views these as noncontroversial actions and anticipates no adverse comments. A detailed rationale for the determinations is set forth in the direct final rule. If no adverse comments are received in response to these actions, no further activity is contemplated. If EPA receives adverse comments, the direct final rules will be withdrawn and all public comments received will be addressed in subsequent final rules based on these proposed rules. EPA will not institute a second comment period. Any parties interested in commenting on these actions should do so at this time.

The Food and Drug Administration (FDA) is announcing the re- establishment of the Medical Imaging Drugs Advisory Committee in FDA's Center for Drug Evaluation and Research. This rule amends the current language for the Medical Imaging Drugs Advisory Committee in the Agency's list of standing advisory committees in FDA's regulations.

HUD is moving its regulation implementing the governmentwide common rule on drug-free workplace requirements for financial assistance from one title in the Code of Federal Regulations (CFR) to another title. This relocation of the requirements from one CFR title to another responds to directions from the Office of Management and Budget (OMB) to all federal agencies to consolidate into one CFR title all federal regulations on drug-free workplace requirements for financial assistance. These changes constitute an administrative simplification and make no substantive change in HUD policy or procedures for drug-free workplace.

The National Marine Fisheries Service (NMFS) announces that the North Pacific Fishery Management Council (Council) has submitted Amendment 88 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) for review by the Secretary of Commerce (Secretary). If approved, Amendment 88 would establish the Central Gulf of Alaska Rockfish Program (Rockfish Program). This proposed program would allocate exclusive harvest privileges to a select group of License Limitation Program (LLP) license holders who used trawl gear to target Pacific ocean perch, pelagic shelf rockfish, and northern rockfish during specific qualifying years. Amendment 88 would modify the FMP to retain the conservation, management, safety, and economic gains realized under the Rockfish Pilot Program and viability of the Gulf of Alaska fisheries. This action is necessary to replace particular Rockfish Pilot Program regulations that are scheduled to expire at the end of 2011. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable law.

The Office of the Secretary of the Department of the Interior and Bureau of Indian Affairs (collectively, the Department) are confirming the interim final rule published and effective on February 10, 2011, to implement the latest statutory changes to the Indian Land Consolidation Act, as amended by the 2004 American Indian Probate Reform Act and later amendments (ILCA/AIPRA). The February 10, 2011, publication stated that the Department would review comments on the interim final rule and either confirm the rule or initiate a proposed rulemaking. The Department did not receive any adverse comments, and therefore confirms the rule without change.

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 interim final rule establishes procedures for the public to obtain information from the Bureau of Consumer Financial Protection, under the Freedom of Information Act, the Privacy Act of 1974, and in legal proceedings. This interim final rule also establishes the CFPB's rules regarding the confidential treatment of information obtained from persons in connection with the exercise of its authorities under federal consumer financial law.