Unknown. Final rule; technical amendment
2,894 words·~13 min read·
/register/2011/04/07/2011-8226·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2011-04-07.xml --- 76 67 Thursday, April 7, 2011 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Food Safety and Inspection Service See Forest Service NOTICES Privacy Act; Systems of Records, 19307-19309 2011-7722 Animal Animal and Plant Health Inspection Service NOTICES Letters of Interest to Participate in National Environmental Policy Act Pilot Project, 19309-19310 2011-8329 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 19362-19365 2011-8271 2011-8272 2011-8273 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations, 19528-19654 2011-7880 NOTICES Medicare Program: Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and Fiscal Year 2011 Final Wage Indices, etc., 19365-19373 2011-8209 Medicare Programs: Waiver Designs in Connection with Medicare Shared Savings Program and Innovation Center, 19655-19660 2011-7884 Coast Guard Coast Guard RULES Passenger Weight and Inspected Vessel Stability Requirements, 19275 2011-8119 PROPOSED RULES Safety Zones:
Commencement Bay, Tacoma, WA, 19290-19292 2011-8370 NOTICES Entry into Effect of Discharge Requirements: MARPOL Annex V, Wider Caribbean Region Special Area, 19380-19381 2011-8244 Commerce Commerce Department See Economic Analysis Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Privacy Act; Systems of Records, 19330-19332 2011-8346 Drug Drug Enforcement Administration NOTICES Decisions And Orders:
Beau Boshers, M.D., 19401-19419 2011-8344 Cynthia M. Cadet, M.D., 19450-19466 2011-8342 Jacobo Dreszer, M.D., 19386-19401 2011-8340 Michael J. Aruta, M.D., 19420-19434 2011-8348 Roni Dreszer, M.D., 19434-19450 2011-8345 Economic Analysis Bureau Economic Analysis Bureau PROPOSED RULES Direct Investment Surveys: Alignment of Regulations with Current Practices, 19282-19284 2011-7769 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19332-19333 2011-8332 Employee Benefits Employee Benefits Security Administration PROPOSED RULES Requests for Information Regarding Electronic Disclosure by Employee Benefit Plans, 19285-19290 2011-8288 Employment and Training Employment and Training Administration NOTICES Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance:
Masco Builder Cabinet Group, et al., Waverly and Seal Township, OH, 19466 2011-8307 Wellpoint, Inc., Enterprise Provider Data Management Team, et al., 19466-19467 2011-8306 Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance: Assembly and Test Worldwide, Inc., Livonia and Saginaw, MI, 19468 2011-8241 Mueller Steam Specialty et al., St. Pauls, NC, 19467-19468 2011-8236 Weyerhaeuser Co. Corporate Headquarters, et al., Federal Way, WA, 19467 2011-8242 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 19468-19471 2011-8239 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance, etc., 19471-19472 2011-8237 2011-8238 Negative Determinations on Reconsiderations:
Chrysler Financial Services Americas, LLC, etc., Troy, MI, 19473 2011-8308 Consolidated Glass and Mirror Corp., Galax, VA, 19472-19473 2011-8309 Revised Determinations on Reconsiderations: Columbia Forest Products, Inc., Presque Isle, ME, 19474 2011-8240 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES Approval and Promulgation of Implementation Plans: Oregon; Interstate Transport of Pollution;
Significant Contribution to Nonattainment and Interference with Maintenance Requirements, 19292-19304 2011-8330 Response to Petition from New Jersey Regarding SO <sup>2</sup> Emissions from the Portland Generating Station, 19662-19681 2011-8166 Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Letter of Interest Application; Final Collection, 19356 2011-8287 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Certified State Mediation Program, 19310 2011-8320 Federal Aviation Federal Aviation Administration RULES Pilot, Flight Instructor, and Pilot School Certification: Technical Amendment, 19267-19268 2011-8226 PROPOSED RULES Airworthiness Directives: Boeing Co. Model 747-100, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, etc. Series Airplanes, 19278-19280 2011-8276 Proposed Amendments of Class E Airspace: Bozeman, MT, 19281-19282 2011-8311 NOTICES Changes in Use of Aeronautical Property:
Bradford Regional Airport, Bradford, PA, 19515-19516 2011-8267 Meetings: Air Tour Management Plan, Hawaii Volcanoes National Park, HI, Preliminary Alternatives; Correction, 19516-19517 2011-8282 Orders Limiting Scheduled Operations: John F. Kennedy International Airport; LaGuardia Airport and Newark Liberty International Airport; High Density Rule at Reagan National Airport, 19517-19518 2011-8281 Requests to Release Airport Property: Northeast Philadelphia Airport (PNE), Philadelphia, PA;
Intent to Rule, 19518 2011-8268 Federal Communications Federal Communications Commission RULES Television Broadcasting Services: El Paso, TX, 19276 2011-7795 Jackson, MS, 19275-19276 2011-7792 NOTICES Meetings: Emergency Access Advisory Committee, 19357 2011-8319 Video Programming and Accessibility Advisory Committee, 19356-19357 2011-8211 Wireless Coverage Through the Use of Signal Boosters, 19357-19358 2011-8216 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings;
Sunshine Act, 19358-19359 2011-8471 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19333-19334 2011-8248 Applications Accepted for Filing, Soliciting Motions to Intervene and Protests, etc.: Fairlawn Hydroelectric Co., LLC, 19336-19337 2011-8302 Pacific Gas and Electric Co., 19334-19335 2011-8301 Applications for Amendments of Licenses and Soliciting Comments, Motions to Intervene, and Protests:
Duke Energy Carolinas, LLC, 19337-19338 2011-8250 Applications: Tennessee Gas Pipeline Co., 19338 2011-8247 Authorizations for Continued Project Operation: Green Island Power Authority, 19338-19339 2011-8249 Baseline Filings: Southcross Gulf Coast Transmission Ltd., Southcross Mississippi Pipeline, LP, Southcross CCNG Transmission Ltd., 19339 2011-8300 Combined Filings, 19339-19349 2011-8251 2011-8262 2011-8263 2011-8264 2011-8265 2011-8266 2011-8321 2011-8322 2011-8371 Environmental Assessments;
Availability, etc.: Appalachian Gateway Project, Dominion Transmission, Inc., 19349-19350 2011-8246 Filings: Hal D. Truax, 19350-19351 2011-8304 Initial Market-Based Rate Filings Include Requests for Blanket Section 204 Authorization: Monterey CA, LLC, 19352 2011-8255 Monterey MA, LLC, 19353-19354 2011-8254 Monterey MW, LLC, 19353 2011-8253 Monterey NY, LLC, 19353 2011-8252 SBR Energy, LLC, 19354 2011-8261 Southern California Telephone Co., 19352-19353 2011-8260 Stream Energy Maryland, LLC, 19351-19352 2011-8258 XO Energy MA, LP, 19354 2011-8257 XO Energy MW, LP, 19351 2011-8256 XO Energy NY, LP, 19351 2011-8259 Preliminary Permit Applications Accepted for Filing and Soliciting Comments, Motions to Intervene, etc.:
Oregon Winds Hydro, LLC, 19355 2011-8303 Requests for Waivers or Exemptions: City Utility Commission of City of Owensboro, KY, 19355 2011-8245 Staff Attendances: Southwest Power Pool, Inc. Markets Operations Policy Committee Meeting, 19355-19356 2011-8305 Federal Railroad Federal Railroad Administration NOTICES Safety Advisories: 2011-01, Equipment Fouling Adjacent Tracks, 19518-19519 2011-8232 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 19359 2011-8289 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Generic Clearance for Collection of Qualitative Feedback on Agency Service Delivery, 19359-19360 2011-8326 Federal Transit Federal Transit Administration NOTICES Environmental Impact Statements; Availability, etc.: Ferry Terminal Expansion Project in City and County of San Francisco, CA, 19519-19522 2011-8227 Limitation on Claims against Proposed Public Transportation Projects, 19522-19523 2011-8225 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants:
Endangered Status for Dunes Sagebrush Lizard, 19304-19305 2011-7339 Food and Drug Food and Drug Administration NOTICES 14th Annual FDA-Orange County Regulatory Affairs Educational Conference in Irvine, CA: New Regulatory Challenges, 19373 2011-8283 Debarment Orders: Cathryn Lyn Chatman (Also Known as Cathryn Lyn Garcia), 19373-19374 2011-8218 Meetings: Cardiovascular and Renal Drugs, and Drug Safety and Risk Management Advisory Committees, 19374-19375 2011-8284 Safety and Efficacy of Hypnotic Drugs, 19375-19376 2011-8285 Request for Scientific Data and Information:
Relative Risk to Public Health From Foodborne Listeria Monocytogenes, 19311-19313 2011-8360 Statements of Organizations, Functions, and Delegations of Authority, 19376-19378 2011-8313 Food Safety Food Safety and Inspection Service NOTICES Request for Scientific Data and Information: Relative Risk to Public Health From Foodborne Listeria Monocytogenes, 19311-19313 2011-8360 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization under Alternative Site Framework:
Foreign-Trade Zone 205, Port Hueneme, CA, 19314-19315 2011-8349 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Lakewood Southeast Project, Chequamegon-Nicolet National Forest, WI, 19313-19314 2011-8270 Meetings: Hood/Willamette Resource Advisory Committee, 19314 2011-8269 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:
Technical Advisory Panel on Medicare Trustee Reports, 19360-19361 2011-8359 Statements of Organization, Functions, and Delegations of Authority: Office of Assistant Secretary for Planning and Evaluation, 19361-19362 2011-8357 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Buy American Exceptions under 2009 American Recovery and Reinvestment Act, 19381-19382 2011-8234 Inspector General Health Inspector General Office, Health and Human Services Department NOTICES Medicare Programs:
Waiver Designs in Connection with Medicare Shared Savings Program and Innovation Center, 19655-19660 2011-7884 Interior Interior Department See Fish and Wildlife Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service RULES Reduction of Foreign Tax Credit Limitation Categories under Section 904(d), 19268-19275 2011-8229 NOTICES 2010 Inflation Adjustment Factor, Nonconventional Source Fuel Credit, and Reference Price, 19524 2011-8230 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews, Preliminary Results, etc.:
Certain Orange Juice from Brazil, 19315-19322 2011-8324 Antidumping Duty New Shipper Reviews; Rescissions: Garlic from People's Republic of China, 19322-19325 2011-8323 Preliminary Results of Antidumping Duty Administrative Review and Intent to Rescind Review in Part: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic of China, 19325-19329 2011-8347 International Trade Com International Trade Commission NOTICES Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations:
Galvanized Steel Wire from China and Mexico, 19382-19383 2011-8223 Antidumping Investigations and Scheduling of Preliminary Phase Investigations: Certain Stilbenic Optical Brightening Agents from China and Taiwan, 19383-19384 2011-8222 Complaints: Certain Motion-Sensitive Sound Effects Devices and Image Display Devices, etc., 19384-19385 2011-8299 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19385-19386 2011-7922 Lodgings of Consent Decrees, 19386 2011-8219 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration Maritime Maritime Administration NOTICES Environmental Assessments;
Availability, etc.: Beaumont Layberth Facility, 19523 2011-8080 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19474 2011-8224 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 19379 2011-8315 National Center for Complementary and Alternative Medicine, 19379-19380 2011-8314 National Institute of Environmental Health Sciences, 19378-19379 2011-8316 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Northeastern United States:
Summer Flounder Fishery; Quota Transfer, 19276-19277 2011-8352 PROPOSED RULES Fisheries of Northeastern United States: Northeast Multispecies Fishery; Limiting Excessive Accumulation of Control, etc., 19305-19306 2011-8353 NOTICES Meetings: New England Fishery Management Council, 19329-19330 2011-8343 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19474-19476 2011-8277 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemptions:
Exelon Generation Co., LLC Peach Bottom Atomic Power Station Units 2 and 3, 19476-19488 2011-8317 Exelon Generation Co., LLC, Oyster Creek Nuclear Generating Station, 19488-19510 2011-8318 Models for Plant Specific Adoption of Technical Specifications Task Force, etc.; Availability: Change in Technical Specifications End States for Combustion Engineering Pressurized Water Reactor Plants, etc., 19510 2011-8310 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Disclosure of Termination Information, 19510-19511 2011-8355 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: World Autism Awareness Day (Proc. 8647), 19265-19266 2011-8445 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX PHLX LLC, 19511-19512 2011-8231 Options Clearing Corp., 19512-19514 2011-8235 Suspension of Trading Orders: Sabratek Corp., et al., 19514-19515 2011-8390 Small Business Small Business Administration NOTICES Disaster Declarations:
California, 19515 2011-8335 Tennessee, 19515 2011-8336 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19380 2011-8293 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19382 2011-8312 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions:
Alabama Great Southern Railroad Co., Saint Bernard Parish, LA, 19523-19524 2011-8170 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Privacy Act; Systems of Records, 19524-19525 2011-8280 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 19528-19660 2011-7880 2011-7884 Health and Human Services Department, Centers for Medicare & Medicaid Services, Inspector General Office, 19655-19660 2011-7884 Part III Environmental Protection Agency, 19662-19681 2011-8166 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 67 Thursday, April 7, 2011 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 61 [Docket No. FAA-2006-26661; Amdt. No. 61-127] RIN 2120-AI86 Pilot, Flight Instructor, and Pilot School Certification;
Technical Amendment AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; technical amendment. SUMMARY: The FAA is correcting a final rule published on August 21, 2009 (74 FR 42500). In that rule, the FAA amended its regulations to revise the training, qualification, certification, and operating requirements for pilots, flight instructors, ground instructors, and pilot schools. This document reinstates two paragraphs that were inadvertently removed in one section, and amends an out-of-date cross reference in another section.
DATES: Effective April 7, 2011. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action, contact Jeffrey Smith, Airmen Certification and Training Branch, AFS-810, General Aviation and Commercial Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone
(202)493-4789; e-mail to *jeffrey.smith@faa.gov.* For legal interpretative questions about this final rule, contact: Anne Moore, AGC-240, Office of Chief Counsel, Regulations Division, Federal Aviation Administration,
(202)267-3073; e-mail to *anne.moore@faa.gov.* SUPPLEMENTARY INFORMATION: Background On August 21, 2009, the FAA published a final rule entitled, “Pilot, Flight Instructor, and Pilot School Certification; Final Rule” (74 FR 42500). That final rule revised the training, qualification, certification, and operating requirements for pilots, flight instructors, ground instructors, and pilot schools. The FAA is now issuing a technical amendment to § 61.57 to reinsert paragraphs (d)(1) and (d)(2) because those paragraphs were inadvertently removed from the final rule. The FAA is also amending an incorrect reference in § 61.65(c). Technical Amendment Section 61.57(d) establishes the requirements for an instrument proficiency check. Prior to issuance of the 2009 final rule, § 61.57(d) contained introductory text as well as paragraph (d)(1), which set forth the aircraft in which an instrument proficiency check must be performed, and paragraph (d)(2), which set forth those persons who are authorized to conduct an instrument proficiency check. In the 2009 final rule, the FAA stated in the amendatory instructions to § 61.57(d) that it was amending paragraph
(d)rather than the introductory text to paragraph (d). As a result, paragraphs (d)(1) and (d)(2) were unintentionally removed from the final rule. The FAA is issuing this technical amendment to restore paragraphs (d)(1) and (d)(2) to § 61.57. The FAA is also correcting a minor error to a reference in paragraph
(c)of § 61.65. In the 2009 final rule, the FAA added paragraphs
(e)and
(f)to this section. A corresponding change to a cross reference in paragraph
(c)that would have accounted for these additions was unintentionally omitted. This technical edit will correct that omission. Because the changes in this technical amendment result in no substantive change, we find good cause exists under 5 U.S.C. 553(d)(3) to make the amendment effective in less than 30 days. List of Subjects in 14 CFR Part 61 Aircraft, Airmen, Aviation safety. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends chapter I of title 14, Code of Federal Regulations as follows: PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS 1. The authority citation for part 61 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 45102-45103, 45301-45302. 2. Amend § 61.57 by adding paragraphs (d)(1) and (d)(2) to read as follows: § 61.57 Recent flight experience: Pilot in command.
(d)* * *
(1)The instrument proficiency check must be—
(i)In an aircraft that is appropriate to the aircraft category;
(ii)For other than a glider, in a flight simulator or flight training device that is representative of the aircraft category; or
(iii)For a glider, in a single-engine airplane or a glider.
(2)The instrument proficiency check must be given by—
(i)An examiner;
(ii)A person authorized by the U.S. Armed Forces to conduct instrument flight tests, provided the person being tested is a member of the U.S. Armed Forces;
(iii)A company check pilot who is authorized to conduct instrument flight tests under part 121, 125, or 135 of this chapter or subpart K of part 91 of this chapter, and provided that both the check pilot and the pilot being tested are employees of that operator or fractional ownership program manager, as applicable;
(iv)An authorized instructor; or
(v)A person approved by the Administrator to conduct instrument practical tests. 3. Amend § 61.65 by revising paragraph
(c)introductory text to read as follows: § 61.65 Instrument rating requirements.
(c)*Flight proficiency.* A person who applies for an instrument rating must receive and log training from an authorized instructor in an aircraft, or in a flight simulator or flight training device, in accordance with paragraph
(g)of this section, that includes the following areas of operation: Issued in Washington, DC, on April 1, 2011. Pamela Hamilton-Powell, Director, Office of Rulemaking. [FR Doc. 2011-8226 Filed 4-6-11; 8:45 am]
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- 14 CFR 61
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