April 2012 – Federal Register Recent Federal Regulation Documents

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.).

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 If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule.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.

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.

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.

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).

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).

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.

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'').

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.

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.

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.

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.

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.

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.