February 27, 2012 – Federal Register Recent Federal Regulation Documents
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Security Considerations for Lavatory Oxygen Systems
On March 8, 2011, the FAA published an interim final rule, request for comments (Amendment Nos. 21-94, 25-133, 121-354, 129-50; SFAR 111) on security considerations for lavatory oxygen systems (77 FR 12550). The interim final rule addresses a security vulnerability and is needed so the affected airplanes can continue operating until the non- compliance to airworthiness standards and operating rules is resolved. We sought public comment on the interim final rule even though it became effective upon publication. This action responds to the public comments the FAA received.
Delegation of National Emission Standards for Hazardous Air Pollutants for Source Categories; Nevada
Pursuant to section 112(l) of the 1990 Clean Air Act, EPA granted delegation of specific national emission standards for hazardous air pollutants (NESHAP) to the Nevada Division of Environmental Protection on October 6, 2011. EPA is proposing to revise the Code of Federal Regulations to reflect the current delegation status of NESHAP in Nevada.
Delegation of National Emission Standards for Hazardous Air Pollutants for Source Categories; Nevada
EPA is amending certain regulations to reflect the current delegation status of national emission standards for hazardous air pollutants (NESHAP) in Nevada. Several NESHAP were delegated to the Nevada Division of Environmental Protection on October 6, 2011. The purpose of this action is to update the listing in the Code of Federal Regulations.
Removal of Oman from the Restricted Destinations List
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its export and import regulations by removing Oman from the list of restricted destinations. This amendment is necessary to conform the NRC's regulations with U.S. Government foreign policy.
Prevailing Rate Systems; Abolishment of Monmouth, NJ, as a Nonappropriated Fund Federal Wage System Wage Area
The U.S. Office of Personnel Management is issuing a final rule to abolish the Monmouth, New Jersey, nonappropriated fund (NAF) Federal Wage System (FWS) wage area and redefine Monmouth County, NJ, to the Burlington, NJ, NAF wage area. These changes are necessary because the closure of Fort Monmouth left the Monmouth wage area without an activity having the capability to conduct a local wage survey.
Approval and Promulgation of Air Quality Implementation Plans; State of Georgia; Regional Haze State Implementation Plan
EPA is proposing a limited approval of a revision to the Georgia state implementation plan (SIP) submitted by the State of Georgia through the Georgia Department of Natural Resources, Environmental Protection Division (GA EPD), on February 11, 2010, as supplemented on November 19, 2010, that addresses regional haze for the first implementation period. This SIP revision, as supplemented, addresses the requirements of the Clean Air Act (CAA) and EPA's rules that require states to prevent any future and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas (national parks and wilderness areas) caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is proposing a limited approval of this SIP revision to implement the regional haze requirements for Georgia on the basis that the revision, as a whole, strengthens the Georgia SIP. EPA has previously proposed a limited disapproval of the Georgia regional haze SIP because of deficiencies in the State's regional haze SIP submittal arising from the remand by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to EPA of the Clean Air Interstate Rule (CAIR). Consequently, EPA is not proposing to take action in this rulemaking to address the State's reliance on CAIR to meet certain regional haze requirements.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 24
The South Atlantic Fishery Management Council (Council) has submitted Amendment 24 to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic Region (FMP) for review, approval, and implementation by NMFS. Amendment 24 proposes actions to revise definitions of management thresholds for South Atlantic red grouper; establish a rebuilding plan; establish red grouper sector annual catch limits (ACLs) based on allocation decisions, a recreational annual catch target (ACT), and sector accountability measures (AMs); and remove the combined gag, black grouper, and red grouper ACLs and AMs. The intent of Amendment 24 is to implement a rebuilding plan for red grouper to help achieve optimum yield (OY) for the red grouper resource in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Using Trawl Gear in the Western Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels (CVs) using trawl gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2012 Pacific cod total allowable catch apportioned to CVs using trawl gear in the Western Regulatory Area of the GOA.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure
NMFS closes the hook-and-line component of the commercial sector of the coastal migratory pelagic fishery for king mackerel in the southern Florida west coast subzone. This closure is necessary to protect the Gulf king mackerel resource.
Change of Address and Electronic Submission of FOIA Requests
The Federal Retirement Thrift Investment Board (Agency) is amending its regulations to reflect its new office address and to permit Freedom of Information Act (FOIA) requests via electronic mail and facsimile.
Transportation Conformity Rule: MOVES Regional Grace Period Extension
EPA is taking final action to extend the grace period before the MOtor Vehicle Emission Simulator (MOVES) model is required for regional emissions analyses for transportation conformity determinations (``regional conformity analyses''). This final rule provides an additional year to the previously established two-year conformity grace period. As a result, EPA is announcing in this Federal Register that MOVES must be used for new regional conformity analyses that begin after March 2, 2013. This action does not affect EPA's previous approval of the use of MOVES in state air quality implementation plan (SIP) submissions or the existing grace period before MOVES is required for carbon monoxide and particulate matter hot-spot analyses for project-level conformity determinations (75 FR 79370).
Iranian Financial Sanctions Regulations
The Department of the Treasury's Office of Foreign Assets Control (``OFAC'') is amending the Iranian Financial Sanctions Regulations and reissuing them in their entirety, in order to implement section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012, which provides for the imposition of sanctions with respect to the Central Bank of Iran and designated Iranian financial institutions.
Marine Sanitation Devices (MSDs): No Discharge Zone (NDZ) for California State Marine Waters
The U.S. Environmental Protection Agency (EPA) is establishing a No Discharge Zone (NDZ) for marine waters of the State of California for sewage discharges from: all large passenger vessels of 300 gross tons or greater; and from large oceangoing vessels of 300 gross tons or greater with available holding tank capacity or containing sewage generated while the vessel was outside of the marine waters of the State of California, pursuant to Section 312(f)(4)(A) of the Clean Water Act (CWA), 33 U.S.C. 1322(f)(4)(A). This action is being taken in response to an April 5, 2006, application from the California State Water Resources Control Board requesting establishment of this NDZ. Based on the State's application, EPA has determined that the protection and enhancement of the quality of California's marine waters requires the prohibition of sewage discharges from two classes of large vessels. For the purposes of today's rule, the marine waters of the State of California are defined as the territorial sea measured from the baseline, as determined in accordance with the Convention on the Territorial Sea and the Contiguous Zone, and extending seaward a distance of three miles and including all enclosed bays and estuaries subject to tidal influences from the Oregon border to the Mexican border. State marine waters extend three miles from State islands, including the Farallones and the Northern and Southern Channel Islands.
Safety Zone; Lauderdale Air Show, Atlantic Ocean, Fort Lauderdale, FL
The Coast Guard is establishing a temporary safety zone on the waters of the Atlantic Ocean in the vicinity of Fort Lauderdale, Florida during the Lauderdale Air Show. The event is scheduled to take place on Saturday, April 28, 2012 and Sunday, April 29, 2012. The safety zone is necessary for the safety of air show participants, participant aircraft, spectators, and the general public during the event. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Miami or a designated representative.
Airworthiness Directives; Pratt & Whitney Canada, Auxiliary Power Units
We propose to adopt a new airworthiness directive (AD) for certain serial numbers of Pratt & Whitney Canada (P&WC) PW901A auxiliary power units (APUs) approved under Technical Standard Order TSO-C77A and installed on, but not limited to, Boeing 747-400 series airplanes. This proposed AD was prompted by several events of high- pressure turbine blade fracture leading to separation of the rear gas generator case and release of high energy debris. This proposed AD would require modifications of the rear gas generator case, exhaust duct support, and turbine exhaust duct flanges. We are proposing this AD to prevent separation of the rear gas generator case and release of high energy debris, which could result in injury and damage to the airplane.
Incorporation by Reference
On February 13, 2012, the Office of the Federal Register (OFR or we) received a petition to amend our regulations governing the approval of agency requests to incorporate material by reference into the Code of Federal Regulations. We've set out the petition in this document. We would like comments on the broad issues raised by this petition.
Safety Zone; Patapsco River, Northwest and Inner Harbors, Baltimore, MD
The Coast Guard proposes to establish a temporary safety zone upon certain waters of the Patapsco River, Northwest Harbor and Inner Harbor during the movement of the historic sloop-of-war USS CONSTELLATION on May 25, 2012. This action is necessary to provide for the safety of life on navigable waters during the tow of the vessel from its berth at the Inner Harbor in Baltimore, Maryland, to a point on the Patapsco River near the Fort McHenry National Monument and Historic Shrine in Baltimore, Maryland, and its return. This action will restrict vessel traffic in portions of the Patapsco River, Northwest Harbor, and Inner Harbor during the event.
Inspection Service Authority; Seizure and Forfeiture
The Postal Service proposes to revise its regulations with regard to forfeiture authority and proceedings. These new provisions would implement specific requirements in compliance with the Civil Asset Forfeiture Reform Act (CAFRA) of 2000.
Application, Review, and Reporting Process for Waivers for State Innovation
This final rule sets forth a procedural framework for submission and review of initial applications for a Waiver for State Innovation described in section 1332 of the Patient Protection and the Affordable Care Act including processes to ensure opportunities for public input in the development of such applications by States and in the Federal review of the applications.
Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone
The Coast Guard proposes amend its regulations requiring safety zones in the Captain of the Port Lake Michigan zone. This proposed rule is intended to amend the rules that restrict vessels from portions of water areas during events that pose a hazard to public safety. The safety zones amended or established by this proposed rule are necessary to protect spectators, participants, and vessels from the hazards associated with various maritime events.
Safety Zone; Magothy River, Sillery Bay, MD
The Coast Guard proposes to establish a safety zone in certain waters of the Magothy River, in Sillery Bay, Maryland. This safety zone is necessary to provide for the safety of life, property and the environment. This safety zone restricts the movement of vessels throughout the regulated area during The Bumper Bash, held annually on the fourth Saturday of July.
Airworthiness Directives; The Boeing Company Airplanes
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This proposed AD was prompted by reports from the manufacturer that center overhead stowage (COS) boxes could fall from their supports under forward load levels less than the 9G forward load requirements as defined by Federal Aviation Regulations. This proposed AD would require modifying COS boxes by installing new brackets, stiffeners, and hardware as needed. We are proposing this AD to prevent detachment of COS boxes at forward load levels less than 9G during an emergency landing, which would cause injury to passengers and/or crew and could impede subsequent rapid evacuation.
Medicaid Program; Review and Approval Process for Section 1115 Demonstrations
This final rule will implement provisions of section 10201(i) of the Patient Protection and Affordable Care Act of 2010 that set forth transparency and public notice procedures for experimental, pilot, and demonstration projects approved under section 1115 of the Social Security Act relating to Medicaid and the Children's Health Insurance Program (CHIP). This final rule will increase the degree to which information about Medicaid and CHIP demonstration applications and approved demonstration projects is publicly available and promote greater transparency in the review and approval of demonstrations. It will also codify existing statutory requirements pertaining to seeking advice from Indian health care providers and urban Indian organizations for section 1115 demonstration projects, and for the first time impose as regulatory requirements tribal consultation standards that were previously only published as guidance documents.
Child Restraint Systems
This final rule amends the Federal motor vehicle safety standard for child restraint systems to expand its applicability to child restraints sold for children weighing up to 36 kilograms (kg) (80 pounds (lb)). This rule also amends the standard to incorporate use of a Hybrid III 10-year-old child test dummy (HIII-10C), weighing 35 kg (78 lb), in compliance tests of child restraints newly subject to the standard. In a companion document published elsewhere in this issue of the Federal Register, NHTSA is adding specifications and qualification requirements for the HIII-10C to our regulation for anthropomorphic test devices. This rulemaking establishes performance and other requirements for child restraint systems heretofore not regulated by a safety standard, i.e., child restraints manufactured for children weighing 65 to 80 lb.
Hybrid III 10-Year-Old Child Test Dummy
This final rule establishes regulations setting forth specifications and qualification requirements for a Hybrid III 10-year- old size child test dummy (HIII-10C). In a companion document published elsewhere in this issue of the Federal Register, NHTSA is adopting use of the dummy to test child restraints recommended for children weighing more than 65 pounds (lb) for compliance with the Federal motor vehicle safety standard for child restraint systems. The HIII-10C dummy enables NHTSA to assess the performance of child restraint systems in restraining children in the 8- to 12-year-old age range.
Airworthiness Directives; Various Transport Category Airplanes
We propose to supersede an existing airworthiness directive (AD) that applies to certain transport category airplanes. The existing AD currently requires either activating all chemical oxygen generators in the lavatories until the generator oxygen supply is expended, or removing the oxygen generator(s); and, for each chemical oxygen generator, after the generator is expended (or removed), removing or restowing the oxygen masks and closing the mask dispenser door. Since we issued that AD, we have identified means to provide a supplemental oxygen system that does not have the unsafe condition. This proposed AD would require installing a supplemental oxygen system in affected lavatories, which would terminate the requirements of the existing AD. We are proposing this AD to eliminate a hazard that could jeopardize flight safety, and to ensure that all lavatories have a supplemental oxygen supply.
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