January 30, 2012 – Federal Register Recent Federal Regulation Documents

New Mexico Regulatory Program
Document Number: 2012-1956
Type: Rule
Date: 2012-01-30
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We are approving an amendment to the New Mexico regulatory program (the ``New Mexico program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). New Mexico proposed non-substantive editorial revisions to its rules; substantive revisions and additions to rules concerning ownership and control; and substantive revisions to one rule about retention of sedimentation ponds. New Mexico revised its program to be consistent with the corresponding Federal regulations and to clarify ambiguities.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Ecosystem-Based Amendment 2 for the South Atlantic Region; Correction
Document Number: 2012-1943
Type: Rule
Date: 2012-01-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This document contains corrections to a final rule published in the Federal Register on December 30, 2011, to implement the Comprehensive Ecosystem-Based Amendment 2 (CE-BA 2) for the South Atlantic region. The final rule adds Appendix E to part 622, however, a final rule to implement Caribbean actions, published in the Federal Register on the same day (December 30, 2011), also adds an Appendix E to part 622. This rule corrects the final rule for CE-BA2 by removing ``Appendix E'' wherever it occurs, and adding in its place ``Appendix F.'' This rule also renumbers footnote 7 in Table 1 as footnote 5.
Patent Public Advisory Committee Public Hearings on the Proposed Patent Fee Schedule
Document Number: 2012-1939
Type: Proposed Rule
Date: 2012-01-30
Agency: Department of Commerce, United States Patent and Trademark Office
Under Section 10 of the America Invents Act (AIA), the United States Patent and Trademark Office (USPTO) may set or adjust by rule any patent or trademark fee established, authorized, or charged under Title 35 of the United States Code or the Trademark Act of 1946, respectively. The USPTO currently is planning to set or adjust patent fees pursuant to its Section 10 fee setting authority. As part of the rulemaking process to set or adjust patent fees, the Patent Public Advisory Committee (PPAC) is required under Section 10 of the AIA to hold a public hearing about any proposed patent fees, and the USPTO is required to assist PPAC in carrying out that hearing. To that end, the USPTO will make its proposed patent fees available as set forth in the Supplementary Information section of this Notice before any PPAC hearing and will help the PPAC to notify the public about the hearing. Accordingly, this document announces the dates and logistics for two PPAC public hearings regarding USPTO proposed patent fees. Interested members of the public are invited to testify at the hearing and/or submit written comments about the proposed patent fees and the questions posed on PPAC's Web site about the proposed fees.
Air Quality Implementation Plans; Kentucky; Attainment Plan for the Kentucky Portion of the Huntington-Ashland 1997 Annual PM2.
Document Number: 2012-1938
Type: Proposed Rule
Date: 2012-01-30
Agency: Environmental Protection Agency
EPA is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet, Division for Air Quality (DAQ), to EPA on December 3, 2008, for the purpose of providing for attainment of the 1997 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) in the Kentucky portion of the Huntington-Ashland, West Virginia-Kentucky-Ohio PM2.5 nonattainment area (hereafter referred to as the ``Huntington-Ashland Area'' or ``Area''). The Huntington-Ashland Area is comprised of Boyd County and a portion of Lawrence County in Kentucky; Cabell and Wayne Counties and a portion of Mason County in West Virginia; and Lawrence and Scioto Counties and portions of Adams and Gallia Counties in Ohio. The Kentucky plan (hereafter referred to as the ``attainment plan'') pertains only to the Kentucky portion of the Huntington-Ashland Area. EPA is now proposing to approve Kentucky's submittal regarding reasonably available control technology (RACT) and reasonably available control measures (RACM); reasonable further progress (RFP); base-year and attainment-year emissions inventories; contingency measures; and, for transportation conformity purposes, an insignificance determination for PM2.5 and nitrogen oxides (NOX) for the mobile source contribution to ambient PM2.5 levels for the Commonwealth's portion of the Huntington-Ashland Area. This action is being taken in accordance with the Clean Air Act (CAA or Act) and the ``Clean Air Fine Particle Implementation Rule,'' hereafter referred to as the ``PM2.5 Implementation Rule,'' issued by EPA on April 25, 2007. The States of West Virginia and Ohio have provided separate SIP revisions with attainment plans for their portions for the Huntington-Ashland Area. EPA will act on those SIP revisions in rulemaking separate from today's rulemaking.
Endangered and Threatened Wildlife and Plants; Reissuance of Interim Special Rule for the Polar Bear
Document Number: 2012-1914
Type: Rule
Date: 2012-01-30
Agency: Fish and Wildlife Service, Department of the Interior
On November 18, 2011, the United States District Court for the District of Columbia (Court) issued an order in regard to Misc. No. 08- 764 (EGS) MDL Docket No. 1993 IN RE: POLAR BEAR ENDANGERED SPECIES ACT LISTING AND Sec. 4(d) RULE LITIGATION, vacating and remanding to the U.S. Fish and Wildlife Service the December 16, 2008, final special rule for the polar bear (73 FR 76249). The Court further ordered that in its place the interim final special rule for the polar bear published on May 15, 2008 (73 FR 28306), shall remain in effect until superseded by the new special rule for the polar bear to be published in the Federal Register. This rule complies with that order and provides final notice of the reinstatement of the May 15, 2008, interim final special rule for the polar bear.
Special Local Regulation and Safety Zone; America's Cup Sailing Events, San Francisco, CA
Document Number: 2012-1907
Type: Proposed Rule
Date: 2012-01-30
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to adopt a temporary special local regulation and temporary safety zone for those portions of the ``America's Cup World Series,'' the ``Louis Vuitton Cup'' challenger selection series, and the ``America's Cup Finals Match'' sailing regattas that may be conducted in the waters of San Francisco Bay adjacent to the City of San Francisco waterfront in the vicinity of the Golden Gate Bridge and Alcatraz Island between August and September 2012 and between July and September 2013. These regulations would be necessary to provide for the safety of life on the navigable waters immediately prior to, during, and immediately after any regattas that may occur. The proposed regulation would temporarily restrict vessel traffic in a portion of the San Francisco Bay, prohibit vessels not participating in the America's Cup sailing events from entering the designated race area, and create a temporary safety zone around racing vessels.
Harmonizing Schedule I Drug Requirements
Document Number: 2012-1905
Type: Rule
Date: 2012-01-30
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) amends the physical qualifications for drivers and the instructions for the medical examination report to clarify that drivers may not use Schedule I drugs and be qualified to drive commercial motor vehicles (CMVs) under any circumstances. The rule harmonizes FMCSA's provisions regarding pre-employment and return-to-duty test refusals with corresponding Department of Transportation (DOT)-wide provisions. Finally, the rule corrects inaccurate uses of the term ``actual knowledge.''
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
Document Number: 2012-1900
Type: Rule
Date: 2012-01-30
Agency: Department of Defense, Department of the Navy
The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS ANCHORAGE (LPD 23) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
Document Number: 2012-1897
Type: Rule
Date: 2012-01-30
Agency: Department of Defense, Department of the Navy
The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS ARLINGTON (LPD 24) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.
Tribal Veterans Cemetery Grants
Document Number: 2012-1874
Type: Rule
Date: 2012-01-30
Agency: Department of Veterans Affairs
This final rule amends the Department of Veterans Affairs (VA) regulations governing Federal grants for the establishment, expansion, and improvement of veterans cemeteries. This final rule implements through regulation new statutory authority to provide grants for the establishment, expansion, and improvement of Tribal Organization veterans cemeteries, as authorized by Section 403 of the ``Veterans Benefits, Health Care, and Information Technology Act of 2006'' (the Act). The Act requires VA to administer grants to Tribal Organizations in the same manner and under the same conditions as grants to States. This final rule makes non-substantive changes to the part heading of Part 39 and the name of the State Cemetery Grants Service to more accurately reflect that VA awards veteran cemetery grants to States and Tribal Organizations. The final rule establishes criteria to guide VA's decisions on granting Tribal Organization requests to obtain grants for establishing, expanding, and improving veterans cemeteries that are or will be owned and operated by a Tribal Organization. The final rule also expands VA's preapplication requirement to all veterans cemetery grants as a means to promote consistency and communication in the grant application process. Further, the final rule revises VA regulations to address structural differences between Tribal Organizations and States.
Dental Conditions
Document Number: 2012-1873
Type: Rule
Date: 2012-01-30
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) adopts as a final rule the proposal to amend its adjudication regulations regarding service connection of dental conditions for treatment purposes. This amendment clarifies that principles governing determinations by VA's Veterans Benefits Administration (VBA) for service connection of dental conditions for the purpose of establishing eligibility for dental treatment by VA's Veterans Health Administration (VHA), apply only when VHA requests information or a rating from VBA for those purposes. This amendment also clarifies existing regulatory provisions and reflects the respective responsibilities of VHA and VBA in determinations concerning eligibility for dental treatment.
Rules and Regulations Under the Wool Products Labeling Act of 1939
Document Number: 2012-1862
Type: Proposed Rule
Date: 2012-01-30
Agency: Federal Trade Commission, Agencies and Commissions
The Federal Trade Commission (``FTC'' or ``Commission'') systematically reviews all its rules and guides to ensure that they continue to achieve their intended purpose without unduly burdening commerce. As part of this systematic review, the Commission requests public comment on the overall costs, benefits, necessity, and regulatory and economic impact of, and possible modifications to, the Rules and Regulations under the Wool Products Labeling Act of 1939 (``Wool Rules'' or ``Rules''). The Commission also seeks comment on how it should modify the Rules to implement the Wool Suit Fabric Labeling Fairness and International Standards Conforming Act, and on the costs and benefits of certain provisions of the Wool Products Labeling Act of 1939.
Amendment of Class E Airspace; Rockingham, NC
Document Number: 2012-1820
Type: Rule
Date: 2012-01-30
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E Airspace at Rockingham, NC. The Roscoe Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approaches have been developed for Richmond County Airport. This action also updates the airport's geographic coordinates and notes the name change to Richmond County Airport. This action enhances the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Amendment of Class D Airspace; Altus AFB, OK
Document Number: 2012-1800
Type: Rule
Date: 2012-01-30
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class D airspace for Altus AFB, OK. Procedural changes implemented to enhance safety for aircraft operating in the vicinity of Altus/Quartz Mountain Regional Airport, Altus, OK, has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at Altus AFB.
Amendment of Class E Airspace; Portsmouth, OH
Document Number: 2012-1793
Type: Rule
Date: 2012-01-30
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace for Portsmouth, OH. Decommissioning of the Portsmouth non-directional beacon (NDB) at Greater Portsmouth Regional Airport has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport. The geographic coordinates of the airport also are updated.
Amendment of Class E Airspace; Greenfield, IA
Document Number: 2012-1791
Type: Rule
Date: 2012-01-30
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace for Greenfield, IA. Decommissioning of the Greenfield non-directional beacon (NDB) at Greenfield Municipal Airport, has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Amendment of Class E Airspace; Rugby, ND
Document Number: 2012-1786
Type: Rule
Date: 2012-01-30
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace for Rugby, ND. Decommissioning of the Rugby non-directional beacon (NDB) at Rugby Municipal Airport has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources
Document Number: 2012-1610
Type: Proposed Rule
Date: 2012-01-30
Agency: Environmental Protection Agency
On October 29, 2009, the EPA promulgated national emission standards for the control of hazardous air pollutants for nine area source categories in the chemical manufacturing sector: Agricultural Chemicals and Pesticides Manufacturing, Cyclic Crude and Intermediate Production, Industrial Inorganic Chemical Manufacturing, Industrial Organic Chemical Manufacturing, Inorganic Pigments Manufacturing, Miscellaneous Organic Chemical Manufacturing, Plastic Materials and Resins Manufacturing, Pharmaceutical Production and Synthetic Rubber Manufacturing. Following that action, the Administrator received a petition for reconsideration. In response to the petition, the EPA is reconsidering and requesting comment on several provisions of the final rule. The EPA is also proposing certain revisions to its approach for addressing malfunctions and taking comment on those revisions. The EPA is further soliciting comment on the standards applicable during startup and shutdown periods, as set forth in the final rule. Additionally, the EPA is proposing amendments and technical corrections to the final rule to clarify applicability and compliance issues raised by stakeholders subject to the final rule.
Defense Federal Acquisition Regulation Supplement; Performance-Based Payments (DFARS Case 2011-D045)
Document Number: 2012-1498
Type: Proposed Rule
Date: 2012-01-30
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to provide detailed guidance and instructions on the use of the performance-based payments analysis tool.
Defense Federal Acquisition Regulation Supplement: Shipping Instructions (DFARS Case 2011-D052)
Document Number: 2012-1494
Type: Proposed Rule
Date: 2012-01-30
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update the form used by contractors to request shipping instructions and the associated contract clause and clause prescription to cover both commercial and Government bills of lading, and to relocate the coverage within the DFARS.
Defense Federal Acquisition Regulation Supplement; Independent Research and Development Technical Descriptions (DFARS Case 2010-D011)
Document Number: 2012-1490
Type: Rule
Date: 2012-01-30
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require major contractors to report independent research and development (IR&D) projects.
Defense Federal Acquisition Regulation Supplement: New Designated Country-Armenia (DFARS Case 2011-D057)
Document Number: 2012-1488
Type: Rule
Date: 2012-01-30
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add Armenia as a World Trade Organization Government Procurement Agreement (WTO GPA) country and a designated country, due to the accession of Armenia to membership in the World Trade Organization Government Procurement Agreement.
Defense Federal Acquisition Regulation Supplement; Trade Agreements Thresholds (DFARS Case 2012-D005)
Document Number: 2012-1487
Type: Rule
Date: 2012-01-30
Agency: Department of Defense, Defense Acquisitions Regulations System
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate adjusted thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative. Additionally, this rule includes language in prescriptions for use of contract clauses intended to clarify their applicability to commercial items.
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