January 2012 – Federal Register Recent Federal Regulation Documents

The Federal Maritime Commission proposes to amend its rules regarding the amount of bond coverage required in its optional China Bond Rider for Non-Vessel-Operating Common Carriers (NVOCCs). The proposed rule is intended to provide NVOCCs with the ability to post a bond with the Commission that satisfies the equivalent of 800,000 Chinese Renminbi, for which the equivalent dollar amount has fluctuated since the regulation was first adopted by the Commission.

The Federal Aviation Administration amends the airworthiness standards for transport category airplanes on landing gear retracting mechanisms and the pilot compartment view. For the landing gear retracting mechanism, this rulemaking adopts the 1-g stall speed as a reference stall speed instead of the minimum speed obtained in a stalling maneuver and adds an additional requirement to keep the landing gear and doors in the correct retracted position in flight. For the pilot compartment view, this rulemaking revises the requirements for pilot compartment view in precipitation conditions. This action eliminates regulatory differences between the airworthiness standards of the U.S. and the European Aviation Safety Agency (EASA), without affecting current industry design practices.

This document proposes to modify our rules to permit the implementation of foreign object debris (FOD) detection radar in the 78-81 GHz band. FOD at airports can seriously threaten the safety of airport personnel and airline passengers and can have a negative impact on airport logistics and operations. We seek comment on service and technical rules, and on whether such operations should be authorized on a licensed or unlicensed basis.

In this document, the Commission amends rules regarding the attributes of ``voice telephony service'' to be supported by the Federal universal service support mechanisms. This action is necessary to reflect the evolution of the marketplace and to limit supported services. The Commission also waives certain effective dates so that intercarrier compensation for non-access traffic exchanged between Local Exchange Carriers (LEC) and Commercial Mobile Radio Service (CMRS) providers pursuant to an interconnection agreement in effect as of December 23, 2011, will be subject to a default bill-and-keep methodology on July 1, 2012, rather than on December 29, 2011. This action is necessary to limit marketplace disruption by delaying bill- and-keep until carriers are eligible to receive recovery as part of the transitional revenue recovery mechanism for this type of traffic.

The U.S. Department of Energy (DOE) proposes to determine that Residential Central Air Conditioner Split-System Condensing Units (hereafter referred to as ``Condensing Units'') and Residential Heat Pump Split-System Outdoor Units (hereafter referred to as ``Outdoor Units) qualify as a covered product under Part A of Title III of the Energy Policy and Conservation Act (EPCA), as amended. DOE has determined that Condensing Units and Outdoor Units meet the criteria for covered products because: (1) Classifying products of such type as covered products is necessary or appropriate to carry out the purposes of EPCA, and (2) the average U.S. household energy use for Condensing Units and Outdoor Units are likely to exceed 100 kilowatt-hours (kWh) per year.

This action extends the comment period for an NPRM that was published on November 28, 2011. In that document, the FAA proposed to establish restricted area airspace within the Devils Lake East Military Operations Area (MOA), overlying Camp Grafton Range, in the vicinity of Devils Lake, ND. This extension is a result of a request from the North Dakota Aviation Council (NDAC), representing eight member groups including the Airport Association of North Dakota, North Dakota Business Aviation Association, North Dakota Pilots Association, North Dakota Professional Aviation Mechanics Association, and North Dakota Flying Farmers, to extend the comment period to the proposal.

This regulation establishes an exemption from the requirement of a tolerance for residues of the microbial pesticide Bacillus subtilis strain CX-9060 in or on all food commodities when applied/used in accordance with good agricultural practices. Certis U.S.A., L.L.C. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus subtilis strain CX-9060.

We are adopting a new airworthiness directive (AD) for Schempp-Hirth Flugzeugbau GmbH Model Discus 2cT gliders. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 small cracks which have been found on engine pylons in the area of the lower engine support that have not been detected during the standard daily inspection. This condition, if not detected and corrected, could lead to an engine pylon failure resulting in loss of control of the glider. We are issuing this AD to require actions to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for Socata Model TBM 700 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 installation of the wrong (switched) aileron control cables in the wing. This unsafe condition could lead to restricted movement of the aileron, resulting in reduced control of the airplane. We are issuing this AD to require actions to address the unsafe condition on these products.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt a newly established system of records titled, ``Department of Homeland Security/Federal Emergency Management Agency012 Suspicious Activity Reporting System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ``Department of Homeland Security/Federal Emergency Management Agency012 Suspicious Activity Reporting System of Records'' from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

This action proposes to amend Class E airspace at Springfield Municipal Airport, Springfield, CO. Decommissioning of the Tobe Tactical Air Navigation System (TACAN) has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

The Coast Guard proposes establishing a safety zone on the Atlantic Intracoastal Waterway (AICW) adjacent to Marine Corps Base (MCB) Camp Lejeune, North Carolina, which encompasses the navigable waters of the AICW between Mile Hammock Bay and the Onslow Swing Bridge in support of military training operations on February 6th and 7th, 2012. This action is necessary to provide for the safety of life on navigable waters during this military training operation. This action is intended to restrict vessel traffic on the Atlantic Intracoastal Waterway to protect mariners from the hazards associated with military training operations.

The United States Coast Guard is establishing a regulated navigation area (RNA) on the navigable waters of the Piscataqua River under and surrounding the Memorial Bridge between Portsmouth, NH and Kittery, ME. This temporary interim rule is necessary to provide for the safety of life on the navigable waters during bridge demolition and replacement construction operations. This rule implements certain safety measures, including speed restrictions and the temporary suspension of vessel traffic during construction operations that could be hazardous to nearby vessels.

The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Third Street Drawbridge across Islais Creek, mile 0.4, at San Francisco, CA. The deviation is necessary to allow the City of San Francisco to make emergency electrical repairs on the bridge. This deviation allows the bridge to be secured in the closed-to-navigation position during the deviation period.

EPA is making determinations that the Metropolitan Washington, District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle (PM2.5) nonattainment area and the Martinsburg-Hagerstown, West Virginia-Maryland (WV-MD) PM2.5 nonattainment area (hereafter referred to as ``Areas'') have attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) by their applicable attainment date of April 5, 2010. These determinations are based upon complete, quality-assured, and certified ambient air monitoring data for the 2007-2009 monitoring period. EPA is finding these Areas to be in attainment, in accordance with the requirements of the Clean Air Act (CAA).

This interim final rule with comment period implements parts of section 1104 of the Affordable Care Act which requires the adoption of a standard for electronic funds transfers (EFT). It defines EFT and explains how the adopted standards support and facilitate health care EFT transmissions.

This Final Rule revises USAID regulations to simplify implementation of the statutory requirement that Federal assistance, or program, funds made available by the United States Congress (Congress) to USAID under the authority of the Foreign Assistance Act of 1961, as amended (FAA), be used for procurement in the United States (U.S.), the recipient country, or developing countries. It does so by revising USAID's current source, origin and nationality (S/O/N) regulation to track more closely the statutory procurement authority provided under the FAA and referenced above by establishing a new code for procurements from the U.S., recipient country and developing countries as well as reflecting existing, special procurement authorities established by Congress; deleting the concept of ``origin,'' and simplifying the concepts of ``source'' and ``nationality'' to reflect better Congress's directive to procure from the U.S., recipient or developing countries; and simplifying application of the statutory waiver authority in the FAA.

The FAA is correcting an airworthiness directive (AD) that was published in the Federal Register. That AD applies to Turbomeca Arriel 1 series turboshaft engines. The AD number is incorrect in the preamble and in the Regulatory text. This document corrects those errors. In all other respects, the original document remains the same.

EPA is approving portions of a State Implementation Plan (SIP) revision submitted by the State of Colorado for the purpose of addressing the ``good neighbor'' provisions of Clean Air Act (``Act'' or ``CAA'') section 110(a)(2)(D)(i) for the 1997 8-hour ozone National Ambient Air Quality Standards (``NAAQS'' or ``standards'') and the 1997 fine particulate matter (``PM2.5'') NAAQS. This SIP revision addresses the requirement that the State of Colorado's SIP (``Interstate Transport SIP'') have adequate provisions to prohibit air emissions from adversely affecting another state's air quality through interstate transport. In this action, EPA is approving the Colorado Interstate Transport SIP provisions that address the requirement of section 110(a)(2)(D)(i) that emissions from Colorado sources do not significantly contribute to nonattainment of the 1997 PM2.5 NAAQS in any other state, interfere with maintenance of the 1997 PM2.5 NAAQS by any other state, or interfere with any other state's required measures to prevent significant deterioration of air quality for the 1997 PM2.5 and 8-hour ozone NAAQS. EPA is also approving certain revisions to Colorado Regulation No. 3 submitted by the State of Colorado in separate prior submissions. This action is being taken under section 110 of the CAA.

This document corrects amendments contained in a direct final rule published in the Federal Register on October 18, 2011, and involves only that portion of the rule related to acquiring a lease non-competitively for offshore renewable energy projects.

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

U.S. Citizenship and Immigration Services (USCIS) intends to change its current process for filing and adjudication of certain applications for waivers of inadmissibility filed in connection with an immediate relative immigrant visa application. Specifically, USCIS is considering regulatory changes that will allow certain immediate relatives of U.S. citizens to request provisional waivers under section 212(a)(9)(B)(v) of the Immigration and Nationality Act of 1952, as amended (INA or Act), 8 U.S.C. 1182(a)(9)(B)(v), prior to departing the United States for consular processing of their immigrant visa applications. An alien would be able to obtain such a waiver only if a Petition for Alien Relative, Form I-130, is filed by a U.S. citizen on his or her behalf and that petition has been approved, thereby classifying the alien as an ``immediate relative'' for purposes of the immigration laws, and he or she demonstrates that the denial of the waiver would result in extreme hardship to the alien's U.S. citizen spouse or parent ``qualifying relative.'' The qualifying relative for purposes of the waiver is not necessarily the immediate relative who filed the immigrant visa petition on the alien relative's behalf.

We are superseding an existing airworthiness directive (AD) for the products listed above. That AD currently requires initial and repetitive borescope inspections of the head section and meterpanel assembly of the combustion liner, and replacement if necessary. This new AD requires those same inspections, and replacement. This AD also expands the applicability to include part numbers (P/N) of additional combustion liners. This AD was prompted by an inquiry submitted by an operator, which resulted in RR performing a complete review of the affected front combustion liner part numbers. We are issuing this AD to prevent deterioration of the engine combustion liner, which can result in combustion liner breakup, case burn-through, engine fire, and damage to the airplane.

The Coast Guard is amending the Regulated Navigation Area (RNA) in the navigable waters of the Arthur Kill in New York and New Jersey. The amendment allows the Coast Guard to suspend enforcement of some RNA requirements when they are found to be impracticable and unnecessary for the maintenance of safety.

Under the Clean Air Act Section 211(o), the Environmental Protection Agency is required to set the renewable fuel standards each November for the following year. In general the standards are designed to ensure that the applicable volumes of renewable fuel specified in the statue are used. However, the statute specifies that EPA is to project the volume of cellulosic biofuel production for the upcoming year and must base the cellulosic biofuel standard on that projected volume if it is less than the applicable volume set forth in the Act. EPA is today finalizing a projected cellulosic biofuel volume for 2012 and annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and renewable fuels that will apply to all gasoline and diesel produced or imported for domestic use in year 2012. In the NPRM we also proposed an applicable volume of 1.28 billion gallons for biomass-based diesel for 2013. The statute specifies that the minimum volume of biomass-based diesel for years 2013 and beyond must be at least 1.0 billion gallons. We are continuing to evaluate the many comments on the NPRM from stakeholders, and will issue a final rule setting the applicable biomass-based diesel volume for calendar year 2013 as expeditiously as practicable. This action also presents a number of changes to the RFS2 regulations that are designed to clarify existing provisions and to address several unique circumstances that have come to light since the RFS2 program became effective on July 1, 2010. Finally, today's rule also makes a minor amendment to the gasoline benzene regulations regarding inclusion of transferred blendstocks in a refinery's early benzene credit generation calculations.