March 2, 2012 – Federal Register Recent Federal Regulation Documents

Changes in Flood Elevation Determinations
Document Number: C1-2012-488
Type: Rule
Date: 2012-03-02
Agency: Federal Emergency Management Agency, Department of Homeland Security
Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States; Announcement of Non-Material Change to the Farm Labor Survey Used for Determining the Adverse Effect Wage Rate
Document Number: 2012-5201
Type: Rule
Date: 2012-03-02
Agency: Employment and Training Administration, Department of Labor
Under the Department of Labor's (we or the Department) H-2A temporary labor certification program, Adverse Effect Wage Rates (AEWRs) are the minimum wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular occupation and area such that the wages of similarly employed United States (U.S.) workers will not be adversely affected. 20 CFR 655.100(b). AEWRs are derived from the Farm Labor Survey (FLS) issued by the U.S. Department of Agriculture's (USDA) National Agricultural Statistics Service (NASS). In the interest of government transparency, we are publishing this document to announce a non-material change in the frequency of establishment surveys under the FLS (and its accompanying publication) beginning in 2012.
Tart Cherries Grown in the States of Michigan, et al.; Final Free and Restricted Percentages for the 2011-12 Crop Year for Tart Cherries
Document Number: 2012-5171
Type: Proposed Rule
Date: 2012-03-02
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on the establishment of final free and restricted percentages for the 2011-12 crop year under the marketing order for tart cherries grown in the states of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin (order). The order is administered locally by the Cherry Industry Administrative Board (Board). This action would establish the proportion of tart cherries from the 2011 crop which may be handled in commercial outlets at 88 percent free and 12 percent restricted. These percentages should stabilize marketing conditions by adjusting supply to meet market demand and help improve grower returns.
Beef Promotion and Research; Amendment to the Order
Document Number: 2012-5145
Type: Proposed Rule
Date: 2012-03-02
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would expand the contracting authority as established under the Beef Promotion and Research (Order). The Beef Research and Information Act (Act) requires that the Beef Promotion Operating Committee (BPOC) enter into contracts with established national non-profit industry-governed organizations including the Federation of State Beef Councils to implement programs of promotion, research, consumer information, and industry information. The Act does not define ``national non-profit industry governed organization,'' however, the Order states that these organizations must be governed by a board of directors representing the cattle or beef industry on a national basis and that they were active and ongoing prior to enactment of the Act. This proposed rule would change the date requirement in the Order so that organizations otherwise qualified could be eligible to contract with the BPOC for the implementation and conduct of Beef Checkoff programs if they have been active and ongoing for at least two years.
Lifeline and Link Up Reform and Modernization, Advancing Broadband Availability Through Digital Literacy Training
Document Number: 2012-5142
Type: Proposed Rule
Date: 2012-03-02
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) seeks further focused comment on a number of issues related to the Lifeline program, including establishing an eligibility database, advancing broadband availability through digital literacy training, limiting section 251 resale of Lifeline-supported services, establishing a permanent support amount for voice service support, reforming Lifeline and Link Up support on Tribal lands, adding Women, Infants and Children (WIC) to the list of qualifying programs for Lifeline, establishing eligibility for homeless veterans, determining whether ETCs should be required to apply the Lifeline discount on all of their voice and data packages, examining whether the Commission should further clarify the own facilities requirement, determining whether ILECs should have the ability to opt out of the Lifeline program as well as whether the record retention requirement should be lengthened from three years to ten years.
Proposed Establishment of Class E Airspace; Wilkes-Barre, PA
Document Number: 2012-5132
Type: Proposed Rule
Date: 2012-03-02
Agency: Federal Aviation Administration, Department of Transportation
A notice of proposed rulemaking published in the Federal Register on July 1, 2011, establishing Class E airspace at Wilkes- Barre/Wyoming Valley Airport, Wilkes-Barre, PA, is being withdrawn. Controlled airspace already exists for area airports under this city designator. A new proposal amending the existing airspace will be submitted under a separate rulemaking.
Proposed Amendment of Class E Airspace; Tullahoma, TN
Document Number: 2012-5130
Type: Proposed Rule
Date: 2012-03-02
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E Airspace at Tullahoma, TN, as the Arnold Air Force Base has been closed and therefore controlled airspace associated with the airport is being removed. This action also would update the geographic coordinates at Tullahoma Regional Airport/Wm Northern Field. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations in the Tullahoma, TN area.
Contractor Legal Management Requirements; Acquisition Regulations
Document Number: 2012-5113
Type: Proposed Rule
Date: 2012-03-02
Agency: Department of Energy
This document announces a reopening of the time period for submitting comments on the Department of Energy (DOE or Department) notice of proposed rulemaking (NOPR) to revise existing regulations covering contractor legal management requirements and make conforming amendments to the Department of Energy Acquisition Regulation (DEAR) (76 FR 81408). The comment period is reopened until March 16, 2012.
Airworthiness Directives; Pratt & Whitney (PW) Division Turbofan Engines
Document Number: 2012-5094
Type: Proposed Rule
Date: 2012-03-02
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain PW4000 series turbofan engines. This proposed AD was prompted by reports of 3rd and 4th stage vane fractures in the low pressure turbine (LPT) of certain PW4000-94'' and PW4000-100'' turbofan engines. These fractures caused an uncontained engine failure, an LPT case puncture, and multiple in flight shutdowns. We are proposing this AD to prevent 3rd and 4th stage vane fractures in the LPT, which could damage the LPT rotor and lead to an uncontained engine failure and damage to the airplane.
Airworthiness Directives; Hawker Beechcraft Corporation Airplanes
Document Number: 2012-5086
Type: Proposed Rule
Date: 2012-03-02
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Hawker Beechcraft Corporation Models 58 and G58 airplanes. This proposed AD was prompted by installation of oversized clamps on fuel vapor return and/or fuel vent lines in the outboard sections of the left and right wings. This proposed AD would require inspecting for oversized or deformed fuel hose clamps and replacing as necessary. We are proposing this AD to correct the unsafe condition on these products.
POSTNET Barcode Discontinuation
Document Number: 2012-5050
Type: Proposed Rule
Date: 2012-03-02
Agency: Postal Service, Agencies and Commissions
The Postal Service proposes to revise various sections of the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) to set the timetable for discontinuing the use of POSTNETTM barcodes on all types of mail for price eligibility.
International Postal Service-Global Expedited Package Services (GEPS) Contracts
Document Number: 2012-5049
Type: Rule
Date: 2012-03-02
Agency: Postal Servicetm
The Postal Service will revise Mailing Standards of the United States Postal Service, International Mail Manual (IMM[supreg]) to incorporate a change concerning the requirements that a mailer must meet in order to qualify for a Global Expedited Package Services (GEPS) contract.
Special Regulations; Areas of the National Park System, Saguaro National Park, Bicycle Route
Document Number: 2012-5025
Type: Proposed Rule
Date: 2012-03-02
Agency: Department of the Interior, National Park Service
The National Park Service (NPS) is proposing to designate the Hope Camp Trail as a bicycle route within Saguaro National Park (Park). The National Park Service general regulation at 36 CFR 4.30(b) requires promulgation of a special regulation to designate bicycle routes outside of developed areas and special use zones.
Availability of E-Tag Information to Commission Staff
Document Number: 2012-5002
Type: Proposed Rule
Date: 2012-03-02
Agency: Department of Energy, Federal Energy Regulatory Commission
On April 21, 2011, the Commission issued a Notice of Proposed Rulemaking (76 FR 23516) proposing to require the Commission-certified Electric Reliability Organization to make available to Commission staff, on an ongoing basis, access to complete electronic tagging data used to schedule the transmission of electric power in transmission markets. The Commission is providing interested parties an opportunity to file reply comments on the Notice of Proposed Rulemaking. These reply comments may also address whether the Commission should require entities that create e-Tags or distribute them for approval to provide the Commission with viewing rights to the e-Tags.
Approval and Promulgation of Implementation Plans; Georgia; Macon; Fine Particulate Matter 2002 Base Year Emissions Inventory
Document Number: 2012-4996
Type: Rule
Date: 2012-03-02
Agency: Environmental Protection Agency
EPA is taking direct final action to approve the fine particulate matter (PM2.5) 2002 base year emissions inventory, portion of the State Implementation Plan (SIP) revision submitted by the State of Georgia on August 17, 2009. The emissions inventory is part of the Macon, Georgia (hereafter referred to as ``the Macon Area'' or ``Area''), PM2.5 attainment demonstration that was submitted for the 1997 annual PM2.5 National Ambient Air Quality Standards (NAAQS). This action is being taken pursuant to section 110 of the Clean Air Act (CAA or Act).
Approval and Promulgation of Implementation Plans; Georgia; Macon; Fine Particulate Matter 2002 Base Year Emissions Inventory
Document Number: 2012-4995
Type: Proposed Rule
Date: 2012-03-02
Agency: Environmental Protection Agency
EPA is proposing to approve the fine particulate matter (PM2.5) 2002 base year emissions inventory, portion of the State Implementation Plan (SIP) revision submitted by the State of Georgia on August 17, 2009. The emissions inventory is part of the Macon, Georgia PM2.5 attainment demonstration that was submitted for the 1997 annual PM2.5 National Ambient Air Quality Standards. This action is being taken pursuant to section 110 of the Clean Air Act. In the Rules Section of this Federal Register, EPA is approving Georgia's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments.
Approval, Disapproval and Promulgation of Implementation Plans; Nebraska; Regional Haze State Implementation Plan; Federal Implementation Plan for Best Available Retrofit Technology Determination
Document Number: 2012-4991
Type: Proposed Rule
Date: 2012-03-02
Agency: Environmental Protection Agency
EPA is proposing to partially approve and partially disapprove a revision to the Nebraska State Implementation Plan (SIP) submitted by the State of Nebraska through the Nebraska Department of Environmental Quality (NDEQ) on July 13, 2011 that addresses regional haze for the first implementation period. This revision was submitted to address the requirements of the Clean Air Act (CAA or Act) and our rules that require States to prevent any future and remedy any existing man-made impairment of visibility in mandatory Class I 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 ensure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is proposing to approve a portion of this SIP revision as meeting certain requirements of the regional haze program and to partially approve and partially disapprove those portions addressing the requirements for best available retrofit technology (BART) and the long-term strategy (LTS). EPA is proposing a Federal Implementation Plan (FIP) relying on the Transport Rule to satisfy BART for sulfur dioxide (SO2) at one source to address these issues.
Trinexapac-ethyl; Pesticide Tolerances
Document Number: 2012-4984
Type: Rule
Date: 2012-03-02
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of trinexapac-ethyl in or on multiple commodities which are identified and discussed later in this document. Syngenta Crop Protection, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Thiamethoxam; Pesticide Tolerances
Document Number: 2012-4983
Type: Rule
Date: 2012-03-02
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of thiamethoxam in or on multiple commodities which are identified and discussed later in this document. Syngenta Crop Protection, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Lifeline and Link Up Reform and Modernization, Advancing Broadband Availability Through Digital Literacy Training
Document Number: 2012-4978
Type: Rule
Date: 2012-03-02
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission comprehensively reforms and begins to modernize the Universal Service Fund's Lifeline program. The reforms adopted in this document substantially strengthen protections against waste, fraud, and abuse; improve program administration and accountability; improve enrollment and consumer disclosures; initiate modernization of the program for broadband; and constrain the growth of the program in order to reduce the burden on all who contribute to the Universal Service Fund.
Trifloxystrobin; Pesticide Tolerances
Document Number: 2012-4977
Type: Rule
Date: 2012-03-02
Agency: Environmental Protection Agency
This regulation establishes a tolerance for residues of trifloxystrobin in or on coffee, green bean. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Federal Acquisition Regulation; Technical Amendments
Document Number: 2012-4504
Type: Rule
Date: 2012-03-02
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-56; Small Entity Compliance Guide
Document Number: 2012-4502
Type: Rule
Date: 2012-03-02
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rule appearing in Federal Acquisition Circular (FAC) 2005-56, which amends the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding this rule by referring to FAC 2005-56, which precedes this document. These documents are also available via the Internet at https:// www.regulations.gov.
Federal Acquisition Regulation; Government Property
Document Number: 2012-4499
Type: Rule
Date: 2012-03-02
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to clarify reporting, reutilization, and disposal of Government property.
Federal Acquisition Regulation; New Designated Country (Armenia) and Other Trade Agreements Updates
Document Number: 2012-4495
Type: Rule
Date: 2012-03-02
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to add Armenia as a designated country, due to the accession of Armenia to membership in the World Trade Organization Government Procurement Agreement. The rule also updates the FAR lists of countries that are party to the Agreement on Trade in Civil Aircraft.
Federal Acquisition Regulation: Trade Agreements Thresholds
Document Number: 2012-4492
Type: Rule
Date: 2012-03-02
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) 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.
Federal Acquisition Regulation: Socioeconomic Program Parity
Document Number: 2012-4488
Type: Rule
Date: 2012-03-02
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA have adopted as final, with changes, the interim rule amending the Federal Acquisition Regulation (FAR) to implement a section of the Small Business Jobs Act of 2010 that clarifies that there is no order of precedence among the small business socioeconomic contracting programs. Accordingly, this final rule amends the FAR to clarify the existence of socioeconomic parity and that contracting officers may exercise discretion when determining whether an acquisition will be restricted to small businesses participating in the 8(a) Business Development Program (8(a)), Historically Underutilized Business Zones (HUBZone) Program, Service-Disabled Veteran-Owned Small Business (SDVOSB) Program, or the Women-Owned Small Business (WOSB) Program.
Federal Acquisition Regulation: Requirements for Acquisitions Pursuant to Multiple-Award Contracts
Document Number: 2012-4485
Type: Rule
Date: 2012-03-02
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA have adopted as final, with changes, an interim rule amending the Federal Acquisition Regulation (FAR) to implement a section of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 to enhance competition in the purchase of supplies and services by all executive agencies under multiple-award contracts.
Federal Acquisition Regulation; Proper Use and Management of Cost-Reimbursement Contracts
Document Number: 2012-4481
Type: Rule
Date: 2012-03-02
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA have adopted as final, with changes, an interim rule amending the Federal Acquisition Regulation (FAR) to implement a section of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 that addresses the use and management of cost- reimbursement contracts.
Federal Acquisition Regulation; Women-Owned Small Business (WOSB) Program
Document Number: 2012-4475
Type: Rule
Date: 2012-03-02
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA have adopted as final, with changes, an interim rule amending the Federal Acquisition Regulation (FAR) to implement the Small Business Administration's regulations establishing the Women-Owned Small Business (WOSB) Program. This rule authorizes the restriction of competition for Federal contracts in certain industries to economically disadvantaged women-owned small business (EDWOSB) concerns or WOSB concerns eligible under the WOSB Program.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-56; Introduction
Document Number: 2012-4457
Type: Rule
Date: 2012-03-02
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-56. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.
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