2011 – Federal Register Recent Federal Regulation Documents

EPA has determined that the Atlanta, Georgia, fine particulate (PM2.5) nonattainment area (hereafter referred to as the ``Atlanta Area'' or ``Area'') has attained the 1997 annual average PM2.5 national ambient air quality standards (NAAQS) and, additionally, that the Area has attained the 1997 annual PM2.5 NAAQS by its applicable attainment date of April 5, 2010. The Atlanta Area is comprised of Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding and Walton Counties in their entireties, and portions of Heard and Putnam Counties. First, the determination that the Atlanta Area has attained the 1997 annual PM2.5 NAAQS is based on upon quality-assured and certified ambient air monitoring data for the 2008-2010 period showing that the Area has monitored attainment of the 1997 annual PM2.5 NAAQS. The requirements for the Area to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plan (SIP) revisions related to attainment of the standard shall be suspended so long as the Area continues to attain the 1997 annual PM2.5 NAAQS. Second, the determination that the Atlanta Area has attained the 1997 PM2.5 NAAQS by its applicable attainment date of April 5, 2010, is based upon quality-assured and certified ambient air monitoring data for the 2007- 2009 period showing that the Area has monitored attainment of the 1997 annual PM2.5 NAAQS during that period. Additionally, in this action EPA is addressing a typographical error found in the proposed approval for these actions.

We are adopting a new airworthiness directive (AD) for BRP- Powertrain GmbH & Co. KG Rotax 912 F2, 912 F3, 912 F4, 912 S2, 912 S3, 912 S4, 914 F2, 914 F3, and 914 F4 reciprocating engines. 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:

We propose to adopt a new airworthiness directive (AD) for DG Flugzeugbau GmbH Models DG-500 Elan Orion sailplanes and DG-500M and DG-500MB powered sailplanes. 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 incorrect re-installation of the rear cockpit securing rope for the headrest of the rear seat during maintenance, which could cause the rear seat to interfere with the control stick of the sailplane. We are issuing this proposed AD to require actions to correct the unsafe condition on these products.

The Commission has before it a petition for rulemaking filed by Lincoln Broadcasting, LLC (``LBL''), the licensee of KFXL-TV, channel 51, Lincoln, Nebraska, requesting the substitution of channel 15 for channel 51 at Lincoln. LBL's proposal complies with the Commission announcement that it would lift the current freeze on the acceptance of channel substitution rulemaking proceeding for petitions proposing to relocate from channel 51. LBL also states that the proposed facility will increase the net total population served by the station by almost 700,000 persons. LBL believes the grant of this petition would serve the public interest.

This regulation establishes tolerances for residues of saflufenacil in or on Banana; Coffee, green bean; and Mango. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Lost River sucker (Deltistes luxatus) and shortnose sucker (Chasmistes brevirostris) under the Endangered Species Act of 1973, as amended (Act). In total, we are proposing as critical habitat approximately 146 miles (234 kilometers) of streams and 117,848 acres (47,691 hectares) of lakes and reservoirs for Lost River sucker and approximately 128 miles (207 kilometers) of streams and 123,590 acres (50,015 hectares) of lakes and reservoirs for shortnose sucker. The proposed critical habitat is located in Klamath and Lake Counties, Oregon, and Modoc County, California. On December 1, 1994, we published proposed critical habitat for Lost River sucker and shortnose sucker. This new proposed rule uses updated information concerning Lost River sucker's and shortnose sucker's ecology, as well as the technological advancements made available since preparing the 1994 proposed rule, to inform our proposed critical habitat designation for Lost River sucker and shortnose sucker.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is denying a petition for rulemaking (PRM) submitted by Mr. Sherwood Martinelli (the petitioner) (PRM-50-94). The petitioner requests that the NRC amend its regulations as they relate to decommissioning and decommissioning funding. Specifically, the petitioner requests that the NRC revise its reporting requirements, restrict funding mechanisms, require deposits within 90 days to cover shortfalls regardless of cause, amend the definition of the safe storage (SAFSTOR) decommissioning option, and eliminate the ENTOMB decommissioning option.

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Union Pacific Railroad Swing Span Bridge across the Old Brazos River, mile 4.4, at Freeport, Brazoria County, Texas. This deviation allows the bridge to remain closed to navigation for four days to replace lift cables.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Amtrak Pelham Bay Railroad Bridge at mile 0.5, across the Hutchinson River at the Bronx, New York. The deviation is necessary to facilitate scheduled maintenance at the bridge, pinion shaft bushing replacement. This deviation allows the bridge to remain in the closed position for four days.

DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes and guidance to contracting officers.

This final rule with comment period revises the regulations implementing medical loss ratio (MLR) requirements for health insurance issuers under the Public Health Service Act in order to address the treatment of ``mini-med'' and expatriate policies under these regulations for years after 2011; modify the way the regulations treat ICD-10 conversion costs; change the rules on deducting community benefit expenditures; and revise the rules governing the distribution of rebates by issuers in group markets.

The Environmental Protection Agency (EPA) Region 6 is issuing a Notice of Intent to Delete the Palmer Barge Line (PBL) 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 operation, maintenance, and Five-Year Reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

The Coast Guard is establishing three special anchorage areas in Wells Harbor, Wells, Maine. This action is necessary to facilitate safe navigation in that area and provide safe and secure anchorages for vessels not more than 20 meters in length. This action is intended to increase the safety of life and property in Wells Harbor, improve the safety of anchored vessels, and provide for the overall safe and efficient flow of vessel traffic and commerce.

EPA is taking several related actions affecting Lake and Porter Counties and the State of Indiana for the 1997 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS or standard). EPA is approving a request from the State of Indiana for the redesignation of Lake and Porter Counties to attainment of the 1997 annual PM2.5 standard. EPA is approving, as a revision to the Indiana State Implementation Plan (SIP), the State's plan for maintaining the 1997 annual PM2.5 standard in the Chicago-Gary-Lake County, Illinois- Indiana (IL-IN) PM2.5 nonattainment area (Greater Chicago nonattainment area) through 2025. EPA is also approving Indiana's 2025 Nitrogen Oxides (NOX) and PM2.5 Motor Vehicle Emission Budgets (MVEBs). Finally, EPA is approving Indiana's 2005 NOX, primary PM2.5, and sulfur dioxide (SO2) emissions inventories for Lake and Porter Counties.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 777 airplanes. This proposed AD was prompted by reports of corrosion damage on the outer diameter chrome surface of the horizontal stabilizer pivot pins. Micro cracks in the chrome plating of the pivot pin, some of which extended into the base metal, were also reported. This condition, if not corrected, could result in a fractured horizontal stabilizer pivot pin, which may cause excessive horizontal stabilizer freeplay and structural damage significant enough to result in loss of control of the airplane. This proposed AD would require replacing the existing horizontal stabilizer pivot pins with new or reworked pivot pins having improved corrosion resistance, doing repetitive inspections after installing the pivot pins, and doing corrective actions if necessary. We are proposing this AD to correct the unsafe condition on these products.

We are announcing receipt of a proposed amendment to the Montana regulatory program (hereinafter, the ``Montana program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Montana proposes revisions to and additions of statutory definitions for ``approximate original contour,'' ``in situ coal gasification,'' and ``recovery fluid.'' Montana intends to revise its program to clarify ambiguities and improve operational efficiency. This document gives the times and locations that the Montana program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

The Department of State is amending the International Traffic in Arms Regulations (ITAR) to identify the Federal Reserve Wire Network (FedWire) as another method of electronic payment of registration fees, so as to provide a choice in and facilitate the submission of fees by registrants.

Notice is hereby given that the Department of State proposes to amend its Privacy Act regulation exempting portions of a newly created system of records from certain provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a). Certain portions of the Risk Analysis and Management (RAM) Records, State-78, system of records contain criminal investigation records, investigatory material for law enforcement purposes, confidential source information and are proposed to be exempted under 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), and (k)(5).

The Environmental Protection Agency (EPA) Region 6 is publishing a direct final Notice of Deletion of the State Marine of Port Arthur (SMPA) 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 operation, maintenance, and Five-Year Reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

We propose to adopt a new airworthiness directive (AD) for Eurocopter Deutschland GmbH Model BO-105A, BO-105C, BO-105LS A-1, BO- 105LS A-3, and BO-105S helicopters. This proposed AD would require inspecting certain main rotor blades for debonding of the erosion protective shell. If the erosion protective shell is debonded, you would be required to replace the main rotor blade with an airworthy main rotor blade. This proposed AD is prompted by the results of an inspection on a BO-105 helicopter where debonding was discovered on a main rotor blade erosion protective shell, and it was determined that the debonding was due to incorrect installation of the erosion protective shell. Subsequently, an incident occurred where a BO-105 helicopter lost its main rotor blade erosion protective shell during flight. The actions specified by this proposed AD are intended to detect debonding of the main rotor blade erosion protective shell which could lead to an unbalanced main rotor, high vibrations, damage to the tail boom or tail rotor, and loss of control of the helicopter.

The Food and Drug Administration (FDA) is extending the comment period until January 19, 2012, for an advance notice of proposed rulemaking (ANPRM) that was published in the Federal Register of September 9, 2011 (76 FR 55835). In that document, FDA requested comments, data, research, or other information related to non-face-to- face sale and distribution of tobacco products; the advertising, promotion, and marketing of such products; and the advertising of tobacco products via the Internet, email, direct mail, telephone, smart phones, and other communication technologies that can be directed to specific recipients. The Agency is extending the comment period in response to a request to give interested parties additional time to comment.

EPA is making an interim final determination to defer imposition of sanctions based on a proposed approval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD or District) portion of the California State Implementation Plan (SIP) published elsewhere in today's Federal Register. The revisions concern SJVUAPCD Rules 2020 and 2201.

This document describes a correction to final and temporary regulations (TD 9554) extending the exceptions from taxes under the Federal Insurance Contributions Act (``FICA'') and the Federal Unemployment Tax Act (``FUTA'') under sections 3121(b)(3) (concerning individuals who work for certain family members), 3127 (concerning members of religious faiths), and 3306(c)(5) (concerning persons employed by children and spouses and children under 21 employed by their parents) of the Internal Revenue Code (``Code'') to entities that are disregarded as separate from their owners for Federal tax purposes. The temporary regulations also clarify the existing rule that the owners of disregarded entities, except for qualified subchapter S subsidiaries, are responsible for backup withholding and related information reporting requirements under section 3406. These regulations were published in the Federal Register on Tuesday, November 1, 2011 (76 FR 67363).