2011 – Federal Register Recent Federal Regulation Documents

The Commodity Futures Trading Commission (``Commission'') is proposing regulations that establish a process for a designated contract market (``DCM'') or swap execution facility (``SEF'') to make a swap ``available to trade'' as set forth in new Section 2(h)(8) of the Commodity Exchange Act (``CEA'') pursuant to Section 723 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''). Only comments pertaining to the regulations proposed in this document will be considered as part of this further notice of proposed rulemaking (``Notice'').

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is issuing this interpretation of the term ``actual delivery'' as set forth in section 2(c)(2)(D)(ii)(III)(aa) of the Commodity Exchange Act (``CEA'') pursuant to section 742(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Commission requests comment on whether this interpretation accurately construes the statutory language. In the event that comments demonstrate a need to modify this interpretation, the Commission will take appropriate action.

This action reopens the comment period for guidance material that was published for comment in the Federal Register on November 8, 2011. In that document, the FAA clarifies guidance to employees on the responsibilities, qualifications, and oversight of designated aircraft dispatcher examiners. The comment period closed on December 8, 2011. This reopening is a result of a request for extension of the comment period.

This notice announces the availability of a proposed Advisory Circular, regarding stall and stick pusher training for transport category airplanes for comment. This Advisory Circular provides guidance to training providers on stall event and stick pusher demonstration training, including recommendations and best practices for academic training, job performance training, and instructor training.

We, NMFS, announce a 6-month extension of the deadline for a final determination regarding the December 10, 2010, proposed rule to list two distinct population segments (DPS) of the bearded seal (Erignathus barbatus) as threatened species under the Endangered Species Act of 1973, as amended (ESA). We are taking this action because there is substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the proposed listing rule. An additional 6 months will allow us to solicit additional data, evaluate and assess special independent peer review of those aspects of the status review report over which there is substantial disagreement, and better inform our final determination on the proposed listing rule.

EPA, Region 2, is issuing a Notice of Intent to Delete the Hiteman Leather Superfund Site (Site), located in West Winfield, New York, 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). EPA and the State of New York, through the New York State Department of Environmental Conservation, have determined that all appropriate response actions under CERCLA, other than monitoring and maintenance and five-year reviews, have been completed. However, the deletion does not preclude future action under Superfund.

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG) DG-4014, ``Decommissioning Planning During Operations.'' This guide describes a method that the NRC staff considers acceptable for use in complying with the NRC's Decommissioning Planning Rule.

The Department of Veterans Affairs (``VA'') proposes to amend its regulations governing Servicemembers' Group Life Insurance (``SGLI'') and Veterans' Group Life Insurance (``VGLI'') to prohibit payment of insurance proceeds payable because of the death of a person whose life was insured under SGLI or VGLI (``decedent'') or payment of a SGLI Traumatic Injury Protection (``TSGLI'') benefit to a person who is convicted of intentionally killing the decedent or determined in a civil proceeding to have intentionally killed the decedent (``slayer''); a member of the slayer's family who is not related to the decedent by blood, legal adoption, or marriage; and a member of the slayer's family who is related to the decedent by blood, legal adoption, or marriage and who is convicted of a crime involving the intentional killing of the decedent or found in a civil proceeding to have been involved in the intentional killing of the decedent.

This final rule implements the Consumer Operated and Oriented Plan (CO-OP) program, which provides loans to foster the creation of consumer-governed, private, nonprofit health insurance issuers to offer qualified health plans in the Affordable Insurance Exchanges (Exchanges). The goal of this program is to create a new CO-OP in every State in order to expand the number of health plans available in the Exchanges with a focus on integrated care and greater plan accountability.

This action proposes to establish Class E Airspace at Piseco, NY, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Piseco Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.

This action establishes two new restricted areas at the Warren Grove Range, NJ. In addition, the using agency for all Warren Grove restricted areas is updated to reflect the current organization tasked with that responsibility. The FAA is taking this action to provide the airspace needed for realistic military training so that aircrews can acquire and maintain proficiency in high altitude weapons employment and other modern tactics.

This action proposes to amend Class E airspace at Decatur, IL. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Decatur Airport. The geographic coordinates of the airport also would be adjusted. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.

This action proposes to amend Class E airspace at Omaha, NE. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Eppley Airfield. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.

We are revising an existing airworthiness directive (AD) for the products listed above. This AD was prompted by Turbomeca restoring all or part of the life limits of the affected discs, and European Aviation Safety Agency's (EASA) issuance of AD 2010-0101R2, dated March 24, 2011, to do the same. Turbomeca has introduced a reinforced eddy- current inspection (ECI) which, combined with a revised analysis, allows the life limit of the affected discs to be extended. We are issuing this revision to prevent failure of the gas generator (GG) second stage turbine disc which could result in the release of high energy debris and damage to the helicopter.

The Department of Energy (DOE) proposes to amend its regulations for the timely coordination of Federal authorizations for proposed interstate electric transmission facilities pursuant to section 216(h) of the Federal Power Act (FPA). The proposed rule would require permitting entities to inform DOE of requests for authorizations required under Federal law for Qualifying Projects as defined in the rule, as well as establish a process whereby applicants for Federal authorizations for interstate electric transmission facilities that are not Qualifying Projects can request DOE assistance in the Federal authorization process. Also, the proposed rule provides for the selection of a Federal Lead Agency responsible for compiling a single environmental review document, and a consolidated administrative record, for Qualifying Projects. In addition, the proposed rule provides for the establishment of intermediate and final deadlines for the review of Federal authorization decisions, as well as establishing a date certain after which all permit decisions and related environmental reviews under all applicable Federal laws shall be completed within one year, or as soon thereafter as practicable in compliance with Federal law.

We are superseding an existing airworthiness directive (AD) for all The Boeing Company 757-200, 757-200PF, 757-200CB, 757-300, 767- 200, 767-300, and 767-300F series airplanes. That AD currently requires revising the Limitations section of the airplane flight manual (AFM) to advise the flightcrew of procedures to follow to ensure that a fuel filter impending bypass condition due to gross fuel contamination is detected in a timely manner. This new AD requires installing new operating program software (OPS) (Version 7) of the engine indication and crew alerting system (EICAS) in the EICAS computers. This AD also requires various concurrent actions. This AD also retains the existing AD provision that relieves certain airplanes (those equipped with certain EICAS OPS versions) from the requirements. Accomplishment of the new actions terminates the requirements of the existing AD. This AD was prompted by an error in the EICAS OPS. The error prevents the display of an advisory message to the flightcrew of a left engine fuel filter contamination and imminent bypass condition, which may indicate an imminent multiple engine thrust loss or engine malfunction event due to fuel contamination. We are issuing this AD to correct the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model MD-11 and MD-11F airplanes. This AD was prompted by a report that the rub strips attached to the horizontal stabilizer front spar access door location were manufactured improperly using anodized aluminum. This AD requires replacing the anodized rub strips with new alodined rub strips to prevent inadequate electrical bonding between the rub strips and the fuel access door, which can contribute to possible ignition of flammable fuel vapor in the tail fuel tank as a result of a lightning strike. We are issuing this AD to correct the unsafe condition on these products.

The Environmental Protection Agency (EPA) is proposing to approve a proposed revision to the New York State Implementation Plan (SIP) for ozone concerning the control of volatile organic compounds. The proposed SIP revision consists of amendments to title 6 of the New York Codes, Rules and Regulations part 228, ``Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers,'' part 234, ``Graphic Arts,'' and part 241, ``Asphalt Pavement and Asphalt Based Surface Coating.'' The intended effect of this action is to approve control strategies, required by the Clean Air Act, which will result in emission reductions that will help attain and maintain the national ambient air quality standards for ozone.

This rule implements the Record of Decision for the 2011 Winter Use Plan/Environmental Impact Statement and governs winter visitation and certain recreational activities in Yellowstone National Park for the 2011-2012 winter season. The rule retains, for one additional year, the regulations and management framework that have been in place for the past two winter seasons (2009-2010 and 2010- 2011). Specifically, the rule retains provisions that: require most recreational snowmobiles operating in the park to meet certain National Park Service air and sound emissions requirements; require snowmobiles and snowcoaches in Yellowstone to be accompanied by a commercial guide; set daily entry limits on the numbers of snowmobiles (up to 318) and snowcoaches (up to 78) that may enter the park; and prohibit traveling off designated oversnow routes.

We propose to adopt a new airworthiness directive (AD) for all 328 Support Services GmbH (Type Certificate previously held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 and -300 airplanes that would supersede an existing AD. 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:

This rule clarifies the responsibility of the providers of Postage Evidencing Systems (PES) to safeguard customer information and maintain regulatory controls over agents operating third-party locations at domestic or international (off shore) facilities.

The Coast Guard is establishing an alternate size threshold based on the measurement system established under the International Convention on Tonnage Measurement of Ships, 1969, for Oil Spill Response Vessels (OSRVs), which are properly certificated under 46 CFR subchapter L. The present size threshold of 500 gross registered tons is based on the U.S. regulatory measurement system. This rule provides an alternative for owners and operators of offshore supply vessels (OSVs) that may result in an increase in oil spill response capacity and capability.

The Coast Guard is establishing both a safety zone and a Regulated Navigation Area on the Chicago Sanitary and Ship Canal near Romeoville, IL. This final rule places navigational, environmental, and operational restrictions on all vessels transiting the navigable waters located adjacent to and over the U.S. Army Corps of Engineers' electrical dispersal fish barrier system.

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by moving the substantive provisions of the comprehensive sanctions on Syria from General Order No. 2 in Supplement No. 1 to part 736 to a revised Sec. 746.9. This rule also includes conforming changes to the EAR. This rule will facilitate compliance with the comprehensive sanctions on Syria.

We are adopting a new airworthiness directive (AD) for International Aero Engines (IAE) V2500-A1, V2522-A5, V2524-A5, V2525- D5, V2527-A5, V2527E-A5, V2527M-A5, V2528-D5, V2530-A5, and V2533-A5 turbofan engines. This AD was prompted by three reports of high- pressure turbine (HPT) case burn-through events, numerous reports of loss of stage 1 blade outer air seal segments, and HPT case bulging. This AD requires initial and repetitive 360 degree borescope inspections of HPT stage 1 blade outer air seal segments for evidence of certain distress conditions. This AD also requires incorporation of improved durability stage 1 blade outer air seal segments at the next exposure to the HPT module subassembly as terminating action to the repetitive inspections. We are issuing this AD to prevent HPT case burn-through, uncontrolled under-cowl engine fire, and damage to the airplane.