April 16, 2012 – Federal Register Recent Federal Regulation Documents

This final rule amends the Pension Benefit Guaranty Corporation's administrative review regulation to make it applicable to assessments of penalties for failure to timely provide certain notices or other material information. Under the rule, such assessments will be subject to reconsideration in accordance with the provisions of the regulation.

EPA is proposing to approve and conditionally approve the State Implementation Plan (SIP) submission from the State of North Dakota to demonstrate that the SIP meets the requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone on July 18, 1997. Section 110(a)(1) of the CAA requires that each state, after a new or revised NAAQS is promulgated, review their SIPs to ensure that they meet the requirements of the ``infrastructure elements'' of section 110(a)(2). The State of North Dakota submitted revisions to their Infrastructure SIP for the 1997 ozone NAAQS, dated April 6, 2009, as well as a certification of their infrastructure SIP for the 1997 ozone NAAQS dated November 23, 2009.

EPA is proposing to approve in part, and conditionally approve in part, the State Implementation Plan (SIP) submission, submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), to demonstrate that the State meets the requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or Act) for the 1997 8-hour ozone national ambient air quality standards (NAAQS). Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by the EPA, which is commonly referred to as an ``infrastructure'' SIP. TDEC certified that the Tennessee SIP contains provisions that ensure the 1997 8-hour ozone NAAQS are implemented, enforced, and maintained in Tennessee (hereafter referred to as ``infrastructure submission''). EPA is proposing to conditionally approve sub-element 110(a)(2)(E)(ii) of Tennessee's December 14, 2007, submission because the current Tennessee SIP does not include provisions to comply with the requirements of this sub-element. With the exception of sub-element 110(a)(2)(E)(ii), EPA is proposing to determine that Tennessee's infrastructure submission, provided to EPA on December 14, 2007, addressed all the required infrastructure elements for the 1997 8-hour ozone NAAQS.

We are amending the fruits and vegetables regulations to allow the importation of fresh pitaya fruit from Central America into the continental United States. As a condition of entry, the pitaya fruit must be produced in accordance with a systems approach that includes requirements for monitoring and oversight, establishment of pest-free places of production, and procedures for packing the pitaya fruit. This action will allow for the importation of pitaya fruit from Central America into the continental United States while continuing to provide protection against the introduction of plant pests.

The Coast Guard proposes to establish seven temporary safety zones for swim events within the Captain of the Port (COTP) New York Zone. These proposed zones will be established on the navigable waters of the Hudson River, East River, Upper New York Bay and Lower New York Bay. These temporary safety zones are necessary to protect the maritime public and event participants from the hazards associated with these events. Persons and vessels are prohibited from entering into, transiting through, mooring, or anchoring within the safety zones unless authorized by the COTP New York or the designated representative.

The Coast Guard proposes establishing a safety zone on the navigable waters of the Atlantic Ocean in Ocean City, MD. This action is necessary to provide for the safety of life on navigable waters during the 2012 Ocean City Air Show. This action is intended to restrict vessel traffic movement to protect mariners from the hazards associated with air show events.

The Coast Guard is establishing a safety zone extending out approximately 3,000 feet from the South shores of Lake Pontchartrain adjacent to the East bank of the Lakefront Airport runways. This safety zone is necessary to protect persons and vessels from the potential safety hazards associated with high-speed aerobatic displays by the participants of the 1812 Blue Angels Air Show, during the War of 1812 Commemoration. The Air Show includes a 12,000' x 3,000' aerobatic display area and requires the surface of the water to be sterile of non-participants.

The Coast Guard proposes to establish a temporary safety zone on the navigable waters of the Hudson River in the vicinity of Rhinecliff, NY for a fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. This rule is intended to restrict all vessels from a portion of the Hudson River before, during, and immediately after the fireworks event.

This document contains final regulations concerning the deferral of losses on the sale or exchange of property between members of a controlled group and provides guidance as to the time for taking into account those losses. These regulations affect corporations that are members of a controlled group.

This document contains final regulations under Internal Revenue Code (Code) section 642(c) with regard to the Federal tax consequences of an ordering provision in a trust, a will, or a provision of local law that attempts to determine the tax character of the amounts paid to a charitable beneficiary of the trust or estate. The final regulations also make conforming amendments to the regulations under section 643(a)(5). The final regulations affect estates, charitable lead trusts (CLTs), and other trusts making payments or permanently setting aside amounts for a charitable purpose.

This document contains a correction to final regulations (TD 9562) that were published in the Federal Register on Friday, December 9, 2011 (76 FR 76895) providing guidance on conduit financing arrangements. The final regulations apply to multiple-party financing arrangements that are effected through disregarded entities, and are necessary in order to determine which of those arrangements should be recharacterized as a conduit financing arrangement.

This action establishes nine new RNAV routes originating within Seattle Air Route Traffic Control Center's (ARTCC) airspace. The routes extend generally east-west providing connection between the Seattle, WA terminal area and destinations east and southeast of Seattle. This action enhances the navigation routes within the National Airspace System (NAS).

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.

EPA is proposing to approve a revision to the Illinois State Implementation plan (SIP) submitted by the Illinois Environmental Protection Agency on November 14, 2011. This SIP revision consists of amendments to the Illinois Administrative Code by adding a ``small container exemption'' for pleasure craft surface coating operations in the Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas. These exemptions are approvable because they are consistent with EPA volatile organic compound reasonably available control technology policy.

EPA is approving revisions to the Missouri State Implementation Plan (SIP) relating to regulation of Greenhouse Gases (GHGs) under Missouri's Prevention of Significant Deterioration (PSD) program, and to other portions of Missouri's New Source Review (NSR) program. The GHG-related SIP revisions are designed to align Missouri's regulations with the GHG emission thresholds established in EPA's ``PSD and Title V Greenhouse Gas Tailoring Final Rule,'' which EPA issued by notice dated June 3, 2010. The other NSR revisions are to the Construction Permits Required Rule and the Emissions Banking and Trading Rule and are intended to address changes to the Federal NSR regulations, which were promulgated by EPA on December 31, 2002 (the NSR Reform rules). In today's action, EPA is approving both the GHG (as it relates to the PSD program) and NSR revisions because the Agency has determined that these SIP revisions, already adopted by Missouri as final effective rules, are in accordance with the Clean Air Act (CAA or Act) and EPA regulations regarding PSD permitting for GHGs and NSR.

On December 6, 2007, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This document provides corrections to that table, to be used in lieu of the information published December 6, 2007. The table provided in this document represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Pierce County, Washington, and Incorporated Areas. Specifically, it addresses the following flooding sources: Artondale Creek (main stem), Artondale CreekEast Branch, Artondale CreekWest Branch, Canyon Creek, Carbon River (left overbank areas, without consideration of left levees), Carbon River Overflow, Clarks Creek, Clear Creek, Clover Creek, Clover Creek (overflow at 134th Street South), Clover Creek (overflow at designated parkland), Clover Creek (overflow at golf course), Clover Creek (overflow near Lakewood Town Center), Crescent Creek, Crescent Lake, Diru Creek, Diru Creek (104th Street East overflow), Diru Creek (96th Street East overflow), East Fork Clear Creek, East Fork Clear Creek (west stem), Fennel Creek, Gig Harbor, Lacamas Creek, Mashel River, Meeker Ditch, Morey Creek, North Fork Clover Creek, North Fork Clover Creek Tributary 1, North Fork Clover Creek Tributary 2, North Fork Clover Creek Tributary 4, North Fork Clover Creek Tributary 5, Puyallup River (overflow through golf course between State Route 162 and Puyallup River), Puyallup River (overflow through golf course to Hylebos Waterway), Puyallup River (overflows to Blair Waterway via numerous flow paths), Puyallup River (with consideration of levees), Puyallup River (without consideration of left levee), Puyallup River (without consideration of right levee), Rody Creek, South Prairie Creek, Spanaway Creek, Swan Creek, Wapato Creek I, Wapato Creek II, West Fork Canyon Creek, White River, Woodland Creek, Woodland Creek (80th Street East overflow), and Woodland Creek (96th Street East overflow).