April 26, 2012 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities; Submission for OMB Review; Comment Request; Notice of Blackout Period Under ERISA
The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Notice of Blackout Period Under ERISA,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; ERISA Procedure 76-1; Advisory Opinion Procedure
The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``ERISA Procedure 76-1; Advisory Opinion Procedure,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Transcontinental Gas Pipe Line Corporation Permit From State Implementation Plan
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia removing the operating permit for the Transcontinental Gas Pipe Line Corporation (Transco) Station 175 from the Virginia SIP. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency 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 If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule.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.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Transcontinental Gas Pipe Line Corporation Permit From State Implementation Plan
EPA is taking direct final action to approve a revision to the Virginia State Implementation Plan (SIP). The revision pertains to a Transcontinental Gas Pipe Line Corporation (Transco) operating permit that EPA approved into the Virginia SIP to meet nitrogen oxides (NOX) reduction requirements for large stationary internal combustion engines under the NOX SIP Call. Transco Station 175 has permanently shut down, and this revision removes the permit from the Virginia SIP. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767 airplanes. This AD was prompted by reports of cracking in the upper wing skin at the fastener holes common to the pitch load fittings of the inboard and outboard front spar, which could result in the loss of the strut-to-wing upper link load path and possible separation of a strut and engine from the airplane during flight. This AD requires repetitive inspections to detect fatigue cracking in the wing skin, and corrective actions if necessary. We are issuing this AD to correct the unsafe condition on these products.
Hazardous Materials; Miscellaneous Amendments (RRR)
PHMSA proposes to make miscellaneous amendments to the Hazardous Materials Regulations to update and clarify certain regulatory requirements. These proposed amendments are designed to promote safer transportation practices; eliminate unnecessary regulatory requirements; address a petition for rulemaking; incorporate a special permit into the Hazardous Materials Regulations; facilitate international commerce; and simplify the regulations. Among other provisions, PHMSA is proposing to update various entries in the Hazardous Materials Table and corresponding special provisions, clarify the lab pack requirements for temperature-controlled materials, and revise the training requirements to require that a hazardous material employer must make hazardous materials employee training records available upon request to an authorized official of the Department of Transportation (DOT) or the Department of Homeland Security (DHS).
Endangered and Threatened Wildlife and Plants; Revising the Proposed Special Rule for the Utah Prairie Dog
We, the U.S. Fish and Wildlife Service (Service) notify the public that we are making changes to our proposed rule of June 2, 2011, to revise the special rule for the Utah prairie dog (Cynomys parvidens). We are reopening the comment period because we are making substantive changes and one addition to our proposed rule based on public and peer review comments received. Comments previously submitted will be considered and do not need to be resubmitted now. However, we invite comments on the new information presented in this announcement relevant to our consideration of these changes, as described below. We encourage those who may have commented previously to submit additional comments, if appropriate, in light of this new information. We are also making available for public review the draft Environmental Assessment (EA) on our proposed actions, in accordance with the National Environmental Policy Act.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel MARIE ELENA; Invitation for Public Comments
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Privacy Act of 1974; System of Records
Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is given that the Federal Bureau of Prisons (Bureau) proposes to modify in part its system of records entitled ``Inmate Central Records System, JUSTICE/BOP-005.'' The system notice, which was last published in the Federal Register on May 9, 2002 (67 FR 31371), and modified on January 25, 2007 (72 FR 3410), is now being modified by the Bureau for the reasons set forth below, as well as to reflect the overall modernization and technological changes of the Bureau's electronic information systems, such as SENTRY and BOPWARE, that maintain its inmate central records. The Bureau is making the following modifications: The Bureau clarifies in the ``System Location'' section that the records contained in this system may be located at any authorized Department of Justice location, in addition to the Central Office, Regional Offices, any of the Federal Bureau of Prisons and/or contractor-operated correctional facilities. This clarification is made to describe accurately where records from this system are located, and to reflect that the Bureau may store records at other locations, such as other Bureau administrative offices, or at any authorized Department of Justice locations. The Bureau alters the ``Categories of Individuals Covered by the System'' to include individuals who may be committed to the custody of the Attorney General and/or the Director of the Bureau of Prisons, including those individuals under custody for criminal and civil commitments. The Bureau is modifying and/or adding to the ``Routine Use'' section of the notice as follows: The Bureau makes a minor amendment to more accurately cite a statutory reference in routine use (i), which allows for disclosure to the United States Department of Veterans Affairs (VA), pursuant to 38 U.S.C. 5106, Public Law 94-432, for the purpose of matching the data against VA records to determine the eligibility of Bureau inmates to receive veterans' benefits. The incorrect citation to Public Law 96-385 is removed. The Bureau adds a routine use to clarify Bureau practice in keeping the public informed: Routine use (r) explains that information that is available as a general public record may be disclosed from this system of records, including information such as name, offense, sentence data, current and past institution confinements, and release date to the extent that it does not cause an unwarranted invasion of personal privacy. This routine use is needed in order to allow the release of information that is available as a general public record to members of the public via the Bureau's public Web site or via telephone. The Bureau adds a routine use: Routine use (s), which permits disclosures required by statute or treaty. The Bureau adds a routine use: Routine use (t), which permits disclosures to federal, state or community health care agencies and professionals, including physicians, psychiatrists, psychologists, and state and federal medical facility personnel, who are providing treatment for a pre-existing condition to former federal inmates, and to federal, state, or local health care agencies and professionals for the purpose of securing medical or mental health after-care for current federal inmates. This routine use is needed to permit sharing of information to these entities in order to ensure continuity of inmate medical care. The Bureau adds a routine use: Routine use (u) will permit disclosures to the Department of State (DOS), for the purposes of matching the data against DOS records for detection/prevention of criminal activity under 18 U.S.C. 1544. This routine use was requested by the Department of State in furtherance of their mission and to ensure that inmate identities are not fraudulently misappropriated for criminal/unauthorized passport use. The Bureau makes a slight change in the ``Safeguards'' section to clarify that only those authorized Department of Justice personnel who require access to perform their official duties may access the system equipment and the information in the system. Previously, this section referred to only Bureau staff. The Bureau makes this change to accurately reflect that this system is accessed by other authorized Department of Justice personnel. The Bureau is adding a security classification of ``Unclassified.'' The Bureau clarifies the section ``Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System: Storage'' to account for changes in terminology and updated technology. Specifically, BOP changes ``stored in electronic media'' to ``stored electronically,'' ``client/server'' to ``servers,'' and ``magnetic tapes and/or optical disks'' to ``tape backup systems.'' BOP further clarifies that documentary (physical, ``hard copies,'' paper, etc.) records are maintained in the same method as information maintained in the system or in manual file folders, but that some older records are maintained on microfilm, microfiche, and/or index card files. The Bureau is proposing to exempt this system of records from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). Although this system of records was previously exempt from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), the Bureau is seeking additional exemptions pursuant to 5 U.S.C. 552a(j)(2) and adding exemptions pursuant to 5 U.S.C. 552a(k).
Privacy Act of 1974; Implementation
In the Federal Register, the Bureau of Prisons (Bureau or BOP), a component of the Department of Justice, has published a notice of a revised Privacy Act system of records, Inmate Central Records System (JUSTICE/BOP-005). In this notice of proposed rulemaking, the Bureau proposes to amend its Privacy Act regulations for the Inmate Central Records System (JUSTICE/BOP-005) by now exempting this system from subsections (c)(3) and (4); (d); (e)(1), (2), (3), (4)(G), (H), and (I), (5), and (8); (f); and (g) of the Privacy Act of 1974 pursuant to 5 U.S.C. 552a(j) and (k) for the reasons set forth in the following text. The exemptions are necessary to avoid interference with the law enforcement and functions and responsibilities of the Bureau. Public comment is invited.
Notice of Intent To Rule on Request To Release Airport Property at the South Texas Regional Airport at Hondo (formerly Hondo Municipal Airport), Hondo, TX
The FAA proposes to rule and invite public comment on the release of land at the South Texas Regional Airport at Hondo under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21).
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes equipped with analog transient suppression devices (ATSDs) installed in accordance with Supplemental Type Certificate ST00146BO. This AD was prompted by multiple reports of corrosion on ATSDs. This AD requires revising the maintenance program to incorporate certain limitations. We are issuing this AD to detect and correct corrosion on ATSDs, which could result in the loss of high voltage transient protection (e.g., lightning protection) in the fuel tanks and consequent fuel tank explosion and loss of the airplane.
Hydrographic Services Review Panel Meeting
The Hydrographic Services Review Panel (HSRP) is a Federal Advisory Committee established to advise the Under Secretary of Commerce for Oceans and Atmosphere on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act of 1998, its amendments, and such other appropriate matters that the Under Secretary refers to the Panel for review and advice.
Airworthiness Directives; Airbus Airplanes
We are adopting a new airworthiness directive (AD) for all Airbus Model A310 series airplanes. This AD was prompted by a report of an electrical arc and hydraulic haze in the wheel bay of the left-hand main landing gear (MLG) possibly resulting from chafing between the hydraulic high pressure hose and electrical wiring of the green electrical motor pump (EMP). This AD requires temporarily prohibiting in-flight use of the green EMPs; temporarily revising the airplane flight manual (AFM) limitations section; temporarily installing a placard in the cockpit overhead panel; doing a one-time general visual inspection for correct condition and installation of hydraulic pressure hoses, electrical conduits, feeder cables, and associated clamping devices; and corrective action if necessary. We are issuing this AD to detect and correct chafing of hydraulic pressure hoses and electrical wiring of the green EMPs, which in combination with a system failure, could cause an uncontrolled and undetected fire in the MLG bay.
Approval and Promulgation of Implementation Plans; South Dakota; Regional Haze State Implementation Plan
EPA is taking final action to approve a revision to the South Dakota State Implementation Plan (SIP) addressing regional haze submitted by the State of South Dakota on January 21, 2011, along with an amendment submitted on September 19, 2011. EPA has determined that the plan submitted by South Dakota satisfies the requirements of the Clean Air Act (CAA or Act) and our rules that require states to prevent any future and remedy any existing man-made impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``Regional Haze program'').
Safety Zone; Crowley Barge 750-2, Bayou Casotte, Pascagoula, MS
The Coast Guard is establishing a temporary safety zone for the specified waters of Bayou Casotte, Pascagoula, Mississippi. This action is necessary for the protection of persons and vessels on navigable waters during the launch of the Crowley Barge 750-2, particularly small craft in the area that risk being swamped. Entry into, transiting or anchoring in this zone is prohibited to all vessels, mariners, and persons unless specifically authorized by the Captain of the Port (COTP) Mobile or a designated representative.
Amendment to Agency Rules of Practice
The Federal Motor Carrier Safety Administration (FMCSA) amends its Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials proceedings. The Agency clarifies that paying the full proposed civil penalty in an enforcement proceeding, either in response to a Notice of Claim (NOC) or later in the proceeding, does not allow respondents to unilaterally avoid an admission of liability for the violations charged. Additionally, the Agency establishes procedures for issuing out-of- service orders to motor carriers, intermodal equipment providers, brokers, and freight forwarders it determines are reincarnations of other entities with a history of failing to comply with statutory or regulatory requirements; these procedures will provide for an administrative review before the out-of-service order takes effect. Finally, the Agency establishes a process for consolidating Agency records of reincarnated companies with their predecessor entities.
Plan of Operations, Environmental Assessment, Big Thicket National Preserve, Texas
Notice is hereby given in accordance with Section 9.52(b) of Title 36 of the Code of Federal Regulations, Part 9, Subpart B, that the National Park Service (NPS) has received from Cimarex Energy Company (Cimarex), a Plan of Operations to conduct the Rivers Edge 3-D Seismic Survey within the Beaumont, Little Pine IslandPine Island Bayou Corridor, Lower Neches River Corridor, and Village Creek Corridor Units of Big Thicket National Preserve (Preserve), in Hardin, Jasper, Jefferson, and Orange Counties, Texas. The NPS has prepared an Environmental Assessment of this proposal. The Environmental Assessment evaluates two alternatives: A No Action alternative under which there would be no new impacts, and the NPS preferred alternative under which Cimarex would conduct a 3-D seismic survey within the Preserve using a combination of helicopter-portable and tracked drilling equipment.
Final General Management Plan and Environmental Impact Statement for the South Unit of Badlands National Park, South Dakota
Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the National Park Service (NPS) announces the availability of the Final General Management Plan and Environmental Impact Statement (GMP/EIS) for the South Unit of Badlands National Park, South Dakota.
Radio Broadcasting Services; AM or FM Proposals to Change the Community of License
The following applicants filed AM or FM proposals to change the community of license: DIVINE WORD COMMUNICATIONS, Station WDLG, Facility ID 86328, BPED-20120313AEE, From THOMASVILLE, AL, To GROVE HILL; FIFE COMMUNICATION COMPANY, L.C., Station KCVM, Facility ID 17227, BPH-20120327ALB, From HUDSON, IA, To EVANSDALE; HOG RADIO, INC., Station KLYR-FM, Facility ID 22057, BPH-20120208ADK, From CLARKSVILLE, AR, To COAL HILL; JACKSON COUNTY BROADCASTING, INC., Station WKOV-FM, Facility ID 29691, BPH-20120326ALC, From FRAZEYSBURG, OH, To OAK HILL; S AND H BROADCASTING L.L.C., Station KRSX-FM, Facility ID 2316, BPH- 20120316ABT, From TWENTYNINE PALMS, CA, To NORTH SHORE; VERMONT BROADCAST ASSOCIATES, INC, Station NEW, Facility ID 189498, BNPH- 20110630AEC, From ALBANY, VT, To IRASBURG.
National Institute of Child Health and Human Development Submission for OMB Review; Comment Request; Provider-Based Sampling Feasibility Study for the Vanguard (Pilot) Study and Data Collection Updates for the National Children's Study (NICHD)
Under the provisions of Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the National Institute of Child Health and Human Development (NICHD), the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below. This proposed information collection was previously published in the Federal Register on January 30, 2012, pages 4569-4571, and allowed 60 days for public comment. No written comments were received. The purpose of this notice is to allow an additional 30 days for public comment. The National Institutes of Health may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.
Hawaii Disaster # HI-00026
This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Hawaii (FEMA-4062- DR), dated 04/18/2012. Incident: Severe Storms, Flooding, and Landslides. Incident Period: 03/03/2012 through 03/11/2012. Effective Date: 04/18/2012. Physical Loan Application Deadline Date: 06/18/2012. Economic Injury (EIDL) Loan Application Deadline Date: 01/18/2013.
Modernization of Poultry Slaughter Inspection
The Food Safety and Inspection Service (FSIS) is extending the comment period for the proposed rulemaking ``Modernization of Poultry Slaughter Inspection'' and responding to questions and addressing issues that have been raised concerning the proposed rule. The comment period was scheduled to close on April 26, 2012. During the comment period, a coalition of consumer advocacy organizations and two trade associations representing the poultry industry asked that FSIS clarify certain aspects of the proposed rule to help inform their comments. This document summarizes the issues raised by these groups and FSIS's response. FSIS is also soliciting additional comments on how it should implement the final rule resulting from the proposal and requesting available data on any worker safety issues associated with increased line speeds. FSIS received a request to hold a public technical meeting on the proposed rule. FSIS does not believe that such a meeting would be useful. The Agency will, however, assess public understanding of the proposed rule in connection with its review and evaluation of the comments submitted and will respond as appropriate.
Record of Decision for Authorizing the Use of Outer Continental Shelf (OCS) Sand Resources in the Martin County, Florida Hurricane Storm Damage Reduction Project
BOEM has issued a Record of Decision (ROD) to authorize the use of OCS sand resources by the U.S. Army Corps of Engineers (USACE) and Martin County Board of Commissioners in the Martin County, Florida Hurricane Storm Damage Reduction (HSDR) Project. The ROD documents the BOEM's decision in selecting the Preferred Alternative described in the USACE's Final Supplemental Environmental Impact Statement (SEIS) for the Martin County HSDR Project (August 2011). BOEM will enter into a negotiated agreement for the purpose of making sand available from a shoal on the OCS for placement on the beach in support of the beach nourishment, following the mandated 30-day wait period from the date of the issuance of the ROD. BOEM is announcing the availability of this ROD in accordance with the regulations implementing the National Environmental Policy Act (NEPA). The Deputy Director for the BOEM signed the ROD on March 28, 2012.
Agency Information Collection Activities; Proposed Collection; Comment Request; Regional Haze Regulations; EPA ICR No. 1813.08
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that the EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on October 31, 2012. Before submitting the ICR to OMB for review and approval, the EPA is soliciting comments on specific aspects of the proposed information collection as described below.
Notice on Outer Continental Shelf Oil and Gas Lease Sales
Pursuant to the authority vested in the Director of the Bureau of Ocean Energy Management by the joint bidding provisions of 30 CFR 556.41, each entity within one of the following groups shall be restricted from bidding with any entity in any other of the following groups at Outer Continental Shelf oil and gas lease sales to be held during the bidding period May 1, 2012, through October 31, 2012. The List of Restricted Joint Bidders published in the Federal Register on November 2, 2011, covered the period November 1, 2011, through April 30, 2012.
Renewal of Agency Information Collection for Indian Reservation Roads; Request for Comments
In compliance with the Paperwork Reduction Act of 1995, the Bureau of Indian Affairs (BIA) is seeking comments on renewal of Office of Management and Budget (OMB) approval for the collection of information for Indian Reservation Roads. The information collection is currently authorized by OMB Control Number 1076-0161, which expires July 31, 2012.
Draft Environmental Impact Statement for the Proposed Spokane Tribe of Indians West Plains Casino and Mixed Use Project, City of Airway Heights, Spokane County, WA
The Bureau of Indian Affairs (BIA) is reopening the comment period for the Draft Environmental Impact Statement (DEIS) for the Spokane Tribe of Indians West Plains casino and mixed use project, City of Airway Heights, Spokane County, Washington.
Secretarial Commission on Indian Trust Administration and Reform
The Office of the Secretary is announcing that the Secretarial Commission on Indian Trust Administration and Reform (the Commission) will hold a public webinar meeting on May 16, 2012. Having gathered valuable background information during the first meeting held in Washington, DC, March 1-2, 2012, the Commission is beginning to develop a comprehensive evaluation of how the Department of the Interior manages and administers trust responsibilities to American Indians. The Secretarial Commission's charter requires the Commission to provide well-reasoned and factually-based recommendations for potential improvements to the existing management and administration of the trust administration system. The Commission is committed to early public engagement and welcomes your participation in these important meetings.
Brass Sheet and Strip From France, Italy, Germany and Japan: Continuation of Antidumping Duty Orders
As a result of the determinations by the Department of Commerce (the ``Department'') that revocation of the antidumping duty (``AD'') orders on brass sheet and strip from France, Germany, Italy and Japan would likely lead to continuation or recurrence of dumping, and the determinations by the International Trade Commission (the ``ITC'') that revocation of the AD orders would likely lead to a continuation or recurrence of material injury to an industry in the United States, the Department is publishing this notice of the continuation of the AD orders.
Notice of Proposed Information Collection Requests; Office of the Secretary; Race to the Top Annual Performance Report
The Department has developed a Race to the Top Annual Performance Report that is tied directly to the Race to the Top selection criteria and priorities previously established and published in the Federal Register. The report is grounded in the key performance targets included in grantees' approved Race to the Top plans. Grantees will be required to report on their progress in the four core education reform areas and in Science, Technology, Engineering, and Mathematics. This reporting includes narrative sections on progress and key performance indicators. As was the case in the completion of the Race to the Top applications, grantees will coordinate with LEAs to collect and report on school and district-level data elements.
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