March 26, 2012 – Federal Register Recent Federal Regulation Documents

Federal Acquisition Regulation; New Designated Country (Armenia) and Other Trade Agreements Updates
Document Number: C2-2012-4495
Type: Rule
Date: 2012-03-26
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
Federal Acquisition Regulation; Women-Owned Small Business (WOSB) Program
Document Number: C2-2012-4475
Type: Rule
Date: 2012-03-26
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
Airworthiness Directives; Airbus Airplanes
Document Number: C1-2012-5859
Type: Rule
Date: 2012-03-26
Agency: Federal Aviation Administration, Department of Transportation
Commodity Pool Operators and Commodity Trading Advisors: Compliance Obligations
Document Number: C1-2012-3390
Type: Rule
Date: 2012-03-26
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission is adopting amendments to its existing part 4 regulations and promulgating one new regulation regarding Commodity Pool Operators and Commodity Trading Advisors. The Commission is also adopting new data collections for CPOs and CTAs that are consistent with a data collection required under the Dodd-Frank Act for entities registered with both the Commission and the Securities and Exchange Commission. The adopted amendments rescind an exemption from registration as a CPO; rescind relief from the certification requirement for annual reports provided to operators of certain pools offered only to qualified eligible persons (``QEPs''); modify the criteria for claiming exclusion from the definition of CPO; and require the annual filing of notices claiming exemptive relief under several sections of the Commision's regulations. Finally, the adopted amendments include new risk disclosure requirements for CPOs and CTAs regarding swap transactions. 2. In 17 CFR Part 4, beginning on page 11283, in the second column, in 31st line of text, amendatory instructions 1-8 and their corresponding amendments to the Code of Federal Regulations are being republished as follows:
Special Conditions: Airbus, A350-900 Series Airplane; Passenger Seats With Non-Traditional, Large, Non-Metallic Panels
Document Number: 2012-7235
Type: Rule
Date: 2012-03-26
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Airbus A350-900 series airplane. These airplanes will have a novel or unusual design feature(s) associated with seats that include non-traditional, large, non-metallic panels that would affect survivability during a post-crash fire event. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Proposed Modification of Class D and Class E Airspace and Revocation of Class E Airspace; Bellingham, WA
Document Number: 2012-7232
Type: Proposed Rule
Date: 2012-03-26
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify Class D and Class E airspace at Bellingham, WA, to accommodate aircraft departing and arriving under Instrument Flight Rules (IFR) at Bellingham International Airport. This action also would remove Class E airspace designated as an extension to a Class D or E surface area at Bellingham International Airport. This action, initiated by the biennial review of the Bellingham airspace area, would enhance the safety and management of aircraft operations at the airport.
Interest on Untimely Paid Vessel Repair Duties
Document Number: 2012-7229
Type: Rule
Date: 2012-03-26
Agency: Department of Homeland Security, U.S. Customs and Border Protection, Department of the Treasury
This document adopts as a final rule, without change, the proposed amendments to the CBP regulations that provide that where an owner or master of a vessel documented under the laws of the United States fails to timely pay the duties determined to be due to CBP that are associated with the purchase of equipment for, or repair to, the vessel while it is outside the United States, interest will accrue on the amounts owed to CBP and that person will be liable for interest. The purpose of this document is to ensure that the CBP regulations reflect that CBP collects interest as part of its inherent revenue collection functions in situations where an owner or master of a vessel fails to pay the vessel repair duties determined to be due within 30 days of CBP issuing the bill.
Permissible Sharing of Client Records by Customs Brokers
Document Number: 2012-7223
Type: Proposed Rule
Date: 2012-03-26
Agency: Department of Homeland Security, U.S. Customs and Border Protection
This document withdraws a notice of proposed rulemaking, published in the Federal Register on October 27, 2010, that proposed amendments to the Customs and Border Protection (CBP) regulations that would allow brokers, upon the client's consent in a written authorization, to share client information with affiliated entities related to the broker so that these entities may offer non-customs business services to the broker's clients. Although the proposed rule was prepared in response to a request from a member of the broker community seeking to allow brokers to share clients' information for marketing purposes, there was opposition to the proposal from brokers due to the condition on sharing the information that CBP included in the document to protect importers' proprietary information. The notice is being withdrawn to permit further consideration of the relevant issues involved in the proposed rulemaking.
Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Regional Haze
Document Number: 2012-7216
Type: Proposed Rule
Date: 2012-03-26
Agency: Environmental Protection Agency
EPA is proposing approval of a revision to the Connecticut State Implementation Plan (SIP) that addresses regional haze for the first planning period from 2008 through 2018. It was submitted by the Connecticut Department of Environmental Protection (now known as Connecticut Department of Energy and Environmental Protection, CT DEEP) on November 18, 2009, February, 24, 2012 and March 12, 2012. This revision addresses the requirements of the Clean Air Act (CAA) and EPA's rules that require States to prevent any future, and remedy any existing, manmade impairment of visibility in mandatory Class I areas (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.
Significant New Use Rule for Hexabromocyclododecane and 1,2,5,6,9,10-Hexabromocyclododecane
Document Number: 2012-7207
Type: Proposed Rule
Date: 2012-03-26
Agency: Environmental Protection Agency
EPA is proposing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for two chemical substances: Hexabromocyclododecane (Chemical Abstracts Service Registry Number (CASRN) 25637-99-4) and 1,2,5,6,9,10- hexabromocyclododecane (CASRN 3194-55-6), hereinafter collectively referred to as HBCD. This proposed rule would designate ``use in consumer textiles, other than for use in motor vehicles'' as a significant new use. This action would require persons who intend to manufacture (including import) or process HBCD for use in covered consumer textiles to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if appropriate, to prohibit or limit that activity before it occurs. For this proposed rule, the general SNUR article exemption for persons who import or process chemical substances as part of an article would not apply.
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2012 Season
Document Number: 2012-7199
Type: Rule
Date: 2012-03-26
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service or we) establishes migratory bird subsistence harvest regulations in Alaska for the 2012 season. These regulations will enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking establishes region-specific regulations that go into effect on April 2, 2012, and expire on August 31, 2012.
Approval and Promulgation of Air Quality Implementation Plans; Delaware, Maryland, New Jersey, and Pennsylvania; Determinations of Attainment of the 1997 8-Hour Ozone Standard for the Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area
Document Number: 2012-7196
Type: Rule
Date: 2012-03-26
Agency: Environmental Protection Agency
EPA is making two determinations regarding the Philadelphia- Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area (the Philadelphia Area). First, EPA is determining that the Philadelphia Area has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based upon complete, quality assured, and certified ambient air monitoring data that show the area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2008-2010 monitoring period. In accordance with EPA's applicable ozone implementation rule, this clean data determination suspends the requirement for the Philadelphia Area to submit an attainment demonstration, reasonably available control measures (RACM), a reasonable further progress (RFP) plan and contingency measures related to attainment of the 1997 8-hours ozone NAAQS. These requirements shall be suspended for so long as the area continues to attain the 1997 8-hour ozone NAAQS. Second, EPA is determining that the Philadelphia Area has attained the 1997 8-hour ozone NAAQS by its attainment date of June 15, 2011. These actions are being taken under the Clean Air Act (CAA).
Hazardous Materials: Approval and Communication Requirements for the Safe Transportation of Air Bag Inflators, Air Bag Modules, and Seat-Belt Pretensioners
Document Number: 2012-7169
Type: Proposed Rule
Date: 2012-03-26
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In this NPRM, PHMSA is proposing to revise the Hazardous Materials Regulations applicable to air bag inflators, air bag modules, and seat-belt pretensioners. The proposed changes would incorporate the provisions of two special permits into the regulations. In addition, PHMSA proposes to revise the current approval and documentation requirements for a material appropriately classified as a UN3268 air bag inflator, air bag module, or seat-belt pretensioner. The proposed changes will, if adopted, reduce the regulatory burden on the automotive industry while maintaining the current level of safety.
Drawbridge Operation Regulations; Pequonnock River, Bridgeport, CT, Maintenance
Document Number: 2012-7130
Type: Rule
Date: 2012-03-26
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Metro North (Peck) Bridge across the Pequonnock River, mile 0.3, at Bridgeport, Connecticut. The deviation allows the bridge to remain in the closed position to facilitate miter rail repair.
Inadmissibility of Consumer Products and Industrial Equipment Noncompliant With Applicable Energy Conservation or Labeling Standards
Document Number: 2012-7105
Type: Proposed Rule
Date: 2012-03-26
Agency: Department of Homeland Security, U.S. Customs and Border Protection, Department of the Treasury
This document proposes amendments to the Customs and Border Protection (CBP) regulations to provide that if certain imports do not comply with applicable energy conservation or labeling standards, CBP will refuse admission when so notified by the Department of Energy (DOE) or the Federal Trade Commission (FTC) and CBP may, upon a recommendation from DOE or FTC, conditionally release the goods so that they may be brought into compliance. Specifically, CBP will refuse admission into the customs territory of the United States to consumer products and industrial equipment deemed noncompliant with the Energy Policy and Conservation Act of 1975 (EPCA) and its implementing regulations, and for which CBP has received written notice from the DOE or the FTC that identifies merchandise as noncompliant with applicable EPCA requirements. In lieu of immediate refusal of admission, and upon written or electronic notice by DOE or FTC, CBP may conditionally release under bond to the importer such noncompliant products or equipment for purposes of reconditioning, re-labeling, or other action so as to bring the subject product or equipment into compliance with applicable energy conservation and labeling admissibility standards. If the subject import is not timely brought into compliance, CBP, at the direction of DOE or FTC, will issue a refusal of admission notice to the importer and demand redelivery of the subject products to CBP custody. A failure to comply with a demand for redelivery will result in the assessment of liquidated damages. This proposed regulation, if adopted, will implement the mandate of the EPCA, as amended, to preclude admission into the United States of certain consumer products and industrial equipment that do not meet applicable labeling or energy conservation requirements.
Amendment of Class E Airspace; Hastings, NE
Document Number: 2012-7104
Type: Rule
Date: 2012-03-26
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Hastings, NE. Additional controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Hastings Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Proposed Amendment of Class E Airspace; Memphis, TN
Document Number: 2012-7103
Type: Proposed Rule
Date: 2012-03-26
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E Airspace at Memphis, TN, as the West Memphis Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures have been developed at Memphis International Airport. This action also would remove West Memphis Municipal Airport, West Memphis, TN from the existing airspace surrounding Memphis International Airport, Memphis, TN. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Bylaws of the Board of Governors
Document Number: 2012-7098
Type: Rule
Date: 2012-03-26
Agency: Postal Service, Agencies and Commissions
On March 24, 2010, the Board of Governors of the United States Postal Service adopted a number of amendments to the Board's Bylaws. These amendments revised and clarified the provisions concerning the election and terms of office of the Board Chairman and Vice-Chairman. The amendments also formalized the process for notation voting (voting by paper ballot) on routine or administrative matters. This final rule incorporates the changes adopted by the Board.
Proposed Establishment of Class E Airspace; West Memphis, AR
Document Number: 2012-7096
Type: Proposed Rule
Date: 2012-03-26
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E airspace at West Memphis, AR. Separation of existing Class E airspace surrounding West Memphis Municipal Airport from the Class E airspace of Memphis International Airport, Memphis, TN, has made this action necessary to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Reform of Federal Policies Relating to Grants and Cooperative Agreements; Cost Principles And Administrative Requirements (Including Single Audit Act)
Document Number: 2012-7056
Type: Proposed Rule
Date: 2012-03-26
Agency: Management and Budget Office, Executive Office of the President
The Office of Management and Budget (OMB) is extending the comment period for the Advance Notice of Proposed Guidance on Reform of Federal Policies Relating to Grants and Cooperative Agreements; cost principles and administrative requirements (including Single Audit Act). The original comment period was scheduled to end on March 29, 2012. With this document, OMB is extending the time period in which to provide public comments until April 30, 2012. This will allow interested parties additional time to analyze the issues and prepare their comments.
Approval and Promulgation of Air Quality Implementation Plans; State of Nevada; Regional Haze State Implementation Plan
Document Number: 2012-7025
Type: Rule
Date: 2012-03-26
Agency: Environmental Protection Agency
EPA is finalizing its approval of most of the Nevada Regional Haze State Implementation Plan (SIP) that implements the Clean Air Act (CAA) Regional Haze Rule requiring states to prevent any future and remedy any existing man-made impairment of visibility in mandatory Class I areas through a regional haze program. EPA proposed to approve all parts of Nevada's SIP revisions on June 22, 2011 (76 FR 36450). This final approval applies to all aspects of Nevada's SIP except for that portion of Nevada's determination regarding the Best Available Retrofit Technology (BART) to reduce nitrogen oxide (NOX) emissions at the Reid Gardner Generating Station (RGGS). We will take action on BART for NOX at RGGS in a future notice.
Protection of Stratospheric Ozone: Amendment to HFO-1234yf SNAP Rule for Motor Vehicle Air Conditioning Sector
Document Number: 2012-6916
Type: Rule
Date: 2012-03-26
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is taking direct final action to revise one of the use conditions required for use of hydrofluoroolefin (HFO)-1234yf (2,3,3,3-tetrafluoroprop-1-ene), a substitute for ozone-depleting substances (ODSs) in the motor vehicle air conditioning end-use within the refrigeration and air conditioning sector, to be acceptable subject to use conditions under EPA's Significant New Alternatives Policy (SNAP) program. The revised use condition incorporates by reference a revised standard from SAE International.
Approval and Promulgation of Implementation Plans; State of Colorado; Regional Haze State Implementation Plan
Document Number: 2012-6908
Type: Proposed Rule
Date: 2012-03-26
Agency: Environmental Protection Agency
EPA is proposing to approve a State implementation plan (SIP) revision submitted by the State of Colorado on May 25, 2011 that addresses regional haze (RH). EPA is proposing to determine that the plan submitted by Colorado satisfies the requirements of the Clean Air Act (CAA or ``the 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 assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is taking this action pursuant to section 110 of the CAA.
Special Conditions: XtremeAir GmbH, XA42; Acrobatic Category Aerodynamic Stability
Document Number: 2012-6837
Type: Rule
Date: 2012-03-26
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the XtremeAir GmbH XA42 airplane. The XA42 airplane has a novel or unusual design feature associated with its static stability. This airplane can perform at the highest level of aerobatic competition. To be competitive, the aircraft was designed with positive and, at some points, neutral stability within its flight envelope. Its lateral and directional axes are also decoupled from each other providing more precise maneuvering. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. These special conditions are only applicable to aircraft certified solely in the acrobatic category.
National Uniform Emission Standards for Storage Vessel and Transfer Operations, Equipment Leaks, and Closed Vent Systems and Control Devices; and Revisions to the National Uniform Emission Standards General Provisions
Document Number: 2012-5760
Type: Proposed Rule
Date: 2012-03-26
Agency: Environmental Protection Agency
The EPA is proposing National Uniform Emission Standards for Storage Vessels and Transfer Operations, Equipment Leaks and Control Devices, herein referred to as Uniform Standards. The EPA is also proposing supplemental revisions to the National Uniform Emission Standards General Provisions, which were proposed with the National Uniform Emission Standards for Heat Exchange Systems, signed by the EPA Administrator on November 30, 2011. The proposed Uniform Standards would be referenced, as appropriate, in future revisions to new source performance standards and national emission standards for hazardous air pollutants for individual source categories that are part of the chemical manufacturing and refining industries that have storage vessels and transfer operations, equipment leaks or control devices used to control process vents from reactors, distillation and other operations, as well as from emissions from storage vessels, transfer operations and equipment leaks that are routed to control devices. Establishing these Uniform Standards is consistent with the objectives of Executive Order 13563, Improving Regulation and Regulatory Review, issued on January 18, 2011. In the future, as we periodically review and, if necessary, revise new source performance standards and national emission standards for hazardous air pollutants, as required by the Clean Air Act, we can direct those rulemakings to the proposed Uniform Standards, provided the Uniform Standards meet the applicable statutory stringency requirements for the specific rulemaking. The proposed Uniform Standards would ensure consistency and streamline recordkeeping and reporting requirements for facilities with storage vessels and transfer operations, equipment leaks and process vents that must comply with multiple regulations.
Hazard Communication
Document Number: 2012-4826
Type: Rule
Date: 2012-03-26
Agency: Department of Labor, Occupational Safety and Health Administration
In this final rule, OSHA is modifying its Hazard Communication Standard (HCS) to conform to the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals (GHS). OSHA has determined that the modifications will significantly reduce costs and burdens while also improving the quality and consistency of information provided to employers and employees regarding chemical hazards and associated protective measures. Consistent with the requirements of Executive Order 13563, which calls for assessment and, where appropriate, modification and improvement of existing rules, the Agency has concluded this improved information will enhance the effectiveness of the HCS in ensuring that employees are apprised of the chemical hazards to which they may be exposed, and in reducing the incidence of chemical-related occupational illnesses and injuries. The modifications to the standard include revised criteria for classification of chemical hazards; revised labeling provisions that include requirements for use of standardized signal words, pictograms, hazard statements, and precautionary statements; a specified format for safety data sheets; and related revisions to definitions of terms used in the standard, and requirements for employee training on labels and safety data sheets. OSHA is also modifying provisions of other standards, including standards for flammable and combustible liquids, process safety management, and most substance-specific health standards, to ensure consistency with the modified HCS requirements. The consequences of these modifications will be to improve safety, to facilitate global harmonization of standards, and to produce hundreds of millions of dollars in annual savings.
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