March 27, 2012 – Federal Register Recent Federal Regulation Documents

Airworthiness Directives; Fokker Services B.V. Airplanes
Document Number: 2012-7361
Type: Proposed Rule
Date: 2012-03-27
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This proposed AD was prompted by a design review which revealed the absence of electrical insulation material between a wing or integral center wing tank (ICWT) fuel quantity indication system (FQIS) probe and the bottom of the tank structure. This condition, if not corrected, could, under certain conditions, result in an ignition source in the tank vapor space, which could result in a fuel tank explosion and consequent loss of the airplane. This proposed AD would require, for all airplanes, applying sealant below the FQIS probes in the wing tanks; and for certain airplanes, applying sealant below the FQIS probes in the ICWT. This proposed AD would also require revising the aircraft maintenance program by revising the fuel airworthiness limitations and incorporating critical design configuration control limitations (CDCCLs). We are proposing this AD to prevent an ignition source in the tank vapor space, which could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; Bombardier, Inc., Airplanes
Document Number: 2012-7357
Type: Proposed Rule
Date: 2012-03-27
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model DHC-8-400, -401, and -402 airplanes. This proposed AD was prompted by reports of cracking of certain fuel access panels of the outer wing. This proposed AD would require an external inspection, and if necessary an internal inspection, to determine if certain fuel access panels are installed, and replacement if necessary; optional repetitive inspections for cracking of the fuel access panels, and replacement if necessary, would defer the internal inspection; and eventual replacement of affected fuel access panels with new panels. We are proposing this AD to prevent cracking of fuel access panels, which could result in arcing and ignition of fuel vapor in the outer wing fuel tank during a lightning strike.
Discharge Removal Equipment for Vessels Carrying Oil
Document Number: 2012-7344
Type: Proposed Rule
Date: 2012-03-27
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is advising the public of its intent to finalize regulations previously published as an interim final rule on December 22, 1993. The interim final rule was published to reduce the risk of oil spills, improve vessel oil spill response capabilities, and minimize the impact of oil spills on the environment, but certain portions of the interim final rule were never published as a final rule. Because of the lapse in time since the interim final rule's publication, the Coast Guard is seeking comments from the public before finalizing those portions of the interim final rule.
Montana Regulatory Program
Document Number: 2012-7325
Type: Proposed Rule
Date: 2012-03-27
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We are announcing receipt of Montana's response to the Office of Surface Mining Reclamation and Enforcement's (OSM) November 22, 2011, letter pertaining to a previously proposed amendment to the Montana regulatory program (hereinafter, the ``Montana program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Montana proposes changes to the Montana Strip and Underground Mine Reclamation Act (MSUMRA) that pertain to coal prospecting. Montana intends to revise its program to comply with changes made in the 2011 Montana Legislature as a result of the passage of Senate Bill 286. This document gives the times and locations that the Montana program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Amendment of Restricted Areas R-5801 and R-5803; Chambersburg, PA
Document Number: 2012-7311
Type: Rule
Date: 2012-03-27
Agency: Federal Aviation Administration, Department of Transportation
This action makes a minor editorial change to the time of designation for restricted areas R-5801 and R-5803, Chambersburg, PA, to remove the abbreviation ``EST.'' This amendment does not change the dimensions of, or activities conducted within, the restricted areas.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2012-7283
Type: Proposed Rule
Date: 2012-03-27
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all Boeing Model 747-100, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400F, and 747SR series airplanes. This proposed AD was prompted by reports of broken and damaged latch pin retention bolts of the main deck side cargo door (MDSCD), latch pin migration, and broken latch pin fittings. This proposed AD would require various repetitive inspections of the MDSCD latch pin fittings, measuring the latch pin, and related investigative and corrective actions if necessary; and modifying the latch pin fittings and installing new latch pins and latch pin fasteners. We are proposing this AD to prevent loss of the cargo door and rapid depressurization of the airplane.
Special Conditions: Dassault Aviation, Model Falcon 7X Airplanes; Seats With Inflatable Shoulder Straps
Document Number: 2012-7280
Type: Rule
Date: 2012-03-27
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Dassault Aviation Model Falcon 7X airplane. This airplane will have a novel or unusual design feature associated with seats with inflatable shoulder straps. 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.
Assessments, Large Bank Pricing
Document Number: 2012-7268
Type: Proposed Rule
Date: 2012-03-27
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The FDIC proposes to amend its regulations to revise some of the definitions used to determine assessment rates for large and highly complex insured depository institutions. The FDIC believes these proposed amendments will result in more consistent reporting, better reflect risk to the FDIC, significantly reduce reporting burden, and satisfy many concerns voiced by the banking industry.
Guidance Regarding Deduction and Capitalization of Expenditures Related to Tangible Property; Correction
Document Number: 2012-7267
Type: Proposed Rule
Date: 2012-03-27
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to a notice of proposed rulemaking (REG-168745-03), which was published in the Federal Register relating to sections 162, and 263, providing guidance on the deduction and capitalization of expenditures related to tangible property.
Guidance Regarding Deduction and Capitalization of Expenditures Related to Tangible Property; Correction
Document Number: 2012-7266
Type: Proposed Rule
Date: 2012-03-27
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to a notice of proposed rulemaking (REG-168745-03), which was published in the Federal Register relating to sections 162, and 263 providing guidance on the deduction and capitalization of expenditures related to tangible property.
Standards of Identity for Pisco and Cognac
Document Number: 2012-7256
Type: Proposed Rule
Date: 2012-03-27
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
In this document, the Alcohol and Tobacco Tax and Trade Bureau proposes to amend its regulations setting forth the standards of identity for distilled spirits to include Pisco as a type of brandy that must be manufactured in accordance with the laws and regulations of either Peru or Chile, as appropriate, governing the manufacture of those products. This change will remove ``Pisco brandy'' from the list of examples of geographical designations in the distilled spirits standards of identity. This document also includes a technical correction to remove ``Cognac'' from the same list of examples. These changes will provide greater clarity in distilled spirits labeling.
Structure and Practices of the Video Relay Service Program
Document Number: 2012-7245
Type: Rule
Date: 2012-03-27
Agency: Federal Communications Commission, Agencies and Commissions
The Federal Communications Commission (FCC) is correcting a final rule that appeared in the Federal Register of September 26, 2011. The document announces the effective date of rules containing information collection requirements approved by the Office of Management and Budget that were adopted by the FCC to prevent fraud, waste, and abuse in the Video Relay Service (VRS) industry.
Amendment of Class E Airspace; Lamar, CO
Document Number: 2012-7231
Type: Rule
Date: 2012-03-27
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Lamar Municipal Airport, Lamar, CO. Decommissioning of the Lamar Tactical Air Navigation System (TACAN) has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also adjusts the geographic coordinates of the airport.
Establishment of Class E Airspace; Piseco, NY
Document Number: 2012-7230
Type: Rule
Date: 2012-03-27
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E airspace at Piseco, NY, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Piseco Airport. This action enhances the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also makes a minor adjustment to the geographic coordinates of the airport.
Endangered and Threatened Wildlife and Plants; Endangered Status for the Alabama Pearlshell, Round Ebonyshell, Southern Sandshell, Southern Kidneyshell, and Choctaw Bean, and Threatened Status for the Tapered Pigtoe, Narrow Pigtoe, and Fuzzy Pigtoe; With Critical Habitat
Document Number: 2012-7200
Type: Proposed Rule
Date: 2012-03-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on the October 4, 2011, rule proposing endangered status for the Alabama pearlshell (Margaritifera marrianae), round ebonyshell (Fusconaia rotulata), southern sandshell (Hamiota australis), southern kidneyshell (Ptychobranchus jonesi), and Choctaw bean (Villosa choctawensis), and threatened status for the tapered pigtoe (Fusconaia burkei), narrow pigtoe (Fusconaia escambia), and fuzzy pigtoe (Pleurobema strodeanum), and designation of their critical habitat, under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for these eight species and an amended required determinations section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated DEA, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.
Drawbridge Operation Regulation; Trent River, New Bern, NC
Document Number: 2012-7128
Type: Rule
Date: 2012-03-27
Agency: Coast Guard, Department of Homeland Security
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the US 70 Alfred Cunningham Bridge across the Trent River, mile 0.0, at New Bern, NC. The deviation is necessary to accommodate cyclists in the ``Cyclist Goin Coastal'' charity event. This deviation allows the bridge to remain in the closed position for one-half hour to ensure safe passage for the cyclists.
Members of a Family for Purpose of Filing a CBP Family Declaration
Document Number: 2012-7122
Type: Proposed Rule
Date: 2012-03-27
Agency: Department of Homeland Security, U.S. Customs and Border Protection, Department of the Treasury
U.S. Customs and Border Protection (CBP) is proposing to revise its regulations regarding U.S. returning residents who are eligible to file a single customs declaration for members of a family traveling together upon arrival in the United States. Specifically, CBP is proposing to expand the definition of the term ``members of a family residing in one household'' to allow more U.S. returning residents to file a family customs declaration for articles acquired abroad. CBP anticipates that this proposed change will reduce the amount of paperwork that CBP officers would need to review during inspection and, therefore, facilitate passenger processing. CBP believes that this proposed change would more accurately reflect relationships between members of the public who are traveling together as a family.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Ipomopsis polyantha
Document Number: 2012-7087
Type: Proposed Rule
Date: 2012-03-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the July 27, 2011, proposed designation of critical habitat for Ipomopsis polyantha (Pagosa skyrocket), Penstemon debilis (Parachute beardtongue), and Phacelia submutica (DeBeque phacelia) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis, a draft environmental assessment, and an amended required determinations section of the proposal. We also propose to revise critical habitat unit boundaries for Ipomopsis polyantha units 2 and 4, and for Phacelia submutica units 6, 7, and 9. Finally, we announce some potential additional areas being considered for exclusion from critical habitat for Penstemon debilis unit 3. We are reopening the comment period for the proposal to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated draft economic analysis (DEA), and draft environmental assessment (Draft EA), and the amended required determinations section. If you submitted comments previously, you do not need to resubmit them because we have already incorporated them into the public record and will fully consider them in preparation of the final rule.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 47
Document Number: 2012-7075
Type: Proposed Rule
Date: 2012-03-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to approve Framework Adjustment 47 (Framework 47) to the Northeast (NE) Multispecies Fishery Management Plan (FMP) and to implement its measures through the proposed regulations. Framework 47 was developed and adopted by the New England Fishery Management Council (Council) based on the biennial review process established in the NE Multispecies FMP to develop annual catch limits (ACLs) and revise management measures necessary to rebuild overfished groundfish stocks and achieve the goals and objectives of the FMP. NMFS also proposes management measures and revisions to existing regulations that are not included in Framework 47, including common pool management measures for fishing year (FY) 2012, modification of the Ruhle trawl definition, modification of the method used to estimate fillets or parts of fish landed for at-home consumption, and clarification of the regulations for charter/party and recreational groundfish vessels fishing in groundfish closed areas. The proposed regulations are intended to prevent overfishing, rebuild overfished stocks, achieve optimum yield, and ensure that management measures are based on the best available scientific information.
Enforcement of Subsidiary and Affiliate Contracts by the FDIC as Receiver of a Covered Financial Company
Document Number: 2012-7051
Type: Proposed Rule
Date: 2012-03-27
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The FDIC is proposing a rule (``Proposed Rule''), with request for comments, that implements section 210(c)(16) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act'' or the ``Act''), codified at 12 U.S.C. section 5390(c)(16), which permits the Corporation, as receiver for a financial company whose failure would pose a significant risk to the financial stability of the United States (a ``covered financial company''), to enforce contracts of subsidiaries or affiliates of the covered financial company despite contract clauses that purport to terminate, accelerate, or provide for other remedies based on the insolvency, financial condition or receivership of the covered financial company. As a condition to maintaining these subsidiary contracts in full force and effect, the Corporation as receiver must either: transfer any supporting obligations of the covered financial company that back the obligations of the subsidiary or affiliate under the contract (along with all assets and liabilities that relate to those supporting obligations) to a bridge financial company or qualified third-party transferee by the statutory one-business-day deadline; or provide adequate protection to such contract counterparties. The Proposed Rule sets forth the scope and effect of the authority granted under section 210(c)(16), clarifies the conditions and requirements applicable to the receiver, addresses requirements for notice to certain affected counterparties, and defines key terms.
Patient Protection and Affordable Care Act; Establishment of Exchanges and Qualified Health Plans; Exchange Standards for Employers
Document Number: 2012-6125
Type: Rule
Date: 2012-03-27
Agency: Department of Health and Human Services
This final rule will implement the new Affordable Insurance Exchanges (``Exchanges''), consistent with title I of the Patient Protection and Affordable Care Act of 2010 as amended by the Health Care and Education Reconciliation Act of 2010, referred to collectively as the Affordable Care Act. The Exchanges will provide competitive marketplaces for individuals and small employers to directly compare available private health insurance options on the basis of price, quality, and other factors. The Exchanges, which will become operational by January 1, 2014, will help enhance competition in the health insurance market, improve choice of affordable health insurance, and give small businesses the same purchasing clout as large businesses.
Energy Conservation Program: Energy Conservation Standards for Battery Chargers and External Power Supplies
Document Number: 2012-6042
Type: Proposed Rule
Date: 2012-03-27
Agency: Department of Energy
The Energy Policy and Conservation Act (EPCA) prescribes energy conservation standards for various consumer products and commercial and industrial equipment, including battery chargers and external power supplies (EPSs). EPCA also requires the U.S. Department of Energy (DOE) to determine whether more stringent, amended standards for these products are technologically feasible, economically justified, and would save a significant amount of energy. In this notice, DOE proposes amended energy conservation standards for Class A EPSs and new energy conservation standards for non-Class A EPSs and battery chargers. The notice also announces a public meeting to receive comment on these proposed standards and associated analyses and results.
Award Fee for Service and End-Item Contracts
Document Number: 2012-5797
Type: Rule
Date: 2012-03-27
Agency: National Aeronautics and Space Administration, Agencies and Commissions
NASA has adopted, without change, a final rule amending the NASA FAR Supplement (NFS) to update the Award Fee for Service Contracts clause (NFS 1852.216-76) to clarify that the amount of award fee held in reserve, if any, shall not exceed $100,000 for the contract, and add similar language to the Award Fee for End-Item Contracts clause (NFS 1852.216-77) to allow the contracting officer to withhold fee payments, at a not-to-exceed amount of $100,000 for the contract, in reserve to protect the Government's interests relative to an orderly and timely closeout of the contract.
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