April 17, 2012 – Federal Register Recent Federal Regulation Documents

Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #1, #2, and #3
Document Number: 2012-9249
Type: Rule
Date: 2012-04-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NOAA Fisheries announces 3 inseason actions in the ocean salmon fisheries. These inseason actions modified the commercial and recreational fisheries in the area from Cape Falcon, Oregon to Point Arena, California.
Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Biennial Specifications and Management Measures; Inseason Adjustments
Document Number: 2012-9248
Type: Rule
Date: 2012-04-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final rule announces inseason changes to management measures in the Pacific Coast groundfish fisheries. These actions, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP), are intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Fisheries in the Bering Sea and Aleutian Islands
Document Number: 2012-9244
Type: Proposed Rule
Date: 2012-04-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS, in consultation with the North Pacific Fishery Management Council (Council), announces its intent to prepare an environmental impact statement (EIS) on Steller sea lion protection measures for the Bering Sea and Aleutian Islands management area (BSAI) groundfish fisheries, in accordance with the National Environmental Policy Act of 1969. The proposed action would restrict groundfish fishing in the BSAI to ensure the groundfish fisheries are not likely to result in jeopardy of continued existence or adverse modification or destruction of designated critical habitat (JAM) for the western distinct population segment (DPS) of Steller sea lions. The western DPS of Steller sea lions is listed as endangered under the Endangered Species Act (ESA) and NMFS must ensure that the groundfish fisheries are not likely to result in JAM for this DPS. NMFS intends to work with stakeholders to develop fisheries restrictions that avoid the likelihood of JAM and minimize the potential economic impact on the fishing industry to the extent practicable while meeting the requirements of the ESA. The analysis in the EIS will determine the impacts to the human environment resulting from this proposed action and the alternatives. In scoping for the EIS, NMFS will accept written comments from the public to determine the issues of concern; the appropriate range of management alternatives; and the direct, indirect, and cumulative impacts. NMFS, in coordination with the Council, will conduct a public meeting at the October 2012 Council meeting to inform the public of this proposed action and alternatives, present issues and potential impacts, and gather public comment.
Petition To List 83 Species of Coral as Threatened or Endangered Under the Endangered Species Act (ESA)
Document Number: 2012-9243
Type: Proposed Rule
Date: 2012-04-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, issue this document to request information from the public on a Status Review Report and a draft Management Report we prepared in response to a petition from the Center for Biological Diversity (CBD) to list 83 coral species as threatened or endangered under the Endangered Species Act (ESA) and to notify the public about future public listening sessions and scientific workshops on this topic. The Status Review Report examines the biology of, threats to, and extinction risk of 82 coral species, while the draft Management Report describes existing regulatory mechanisms and ongoing conservation efforts to manage and conserve these species throughout the Caribbean and Indo-Pacific. Collectively, these two reports constitute the best available scientific and commercial information that we have compiled to date on the 82 species of coral under review. The review of the status of these species is a major undertaking because of the large number and geographically dispersed nature of coral species involved. Therefore, with the approval of a federal court, NMFS and CBD have agreed to an extension of the previously approved deadline for issuing the 12-month finding on this petition. We are using this extension to allow additional opportunity for the public to provide us with information that may further inform our 12-month finding as to whether the petitioned action is or is not warranted. In addition, we will hold two public listening sessions and two public scientific workshops, during which we will explain the evaluation process and the public and experts will have opportunity to provide any additional relevant information on this matter.
Revisions to Authorization Validated End-User Provisions: Requirement for Notice of Export, Reexport, or Transfer (In-Country) and Clarification Regarding Termination of Conditions on VEU Authorizations
Document Number: 2012-9237
Type: Proposed Rule
Date: 2012-04-17
Agency: Department of Commerce, Bureau of Industry and Security
In this rule, the Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) by adding a requirement for persons shipping under Authorization Validated End- User (VEU) to send written notice of such shipments to the recipient VEU. BIS further proposes to amend the EAR to clarify that when items subject to item-specific conditions under Authorization VEU no longer require a license for export or reexport or become eligible for shipment under a license exception, as set forth in the EAR, VEUs are no longer bound by the conditions associated with such items.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Closure of the Trimester 1 Longfin Squid Fishery
Document Number: 2012-9230
Type: Rule
Date: 2012-04-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the closure of the directed fishery for longfin squid (longfin) in the Exclusive Economic Zone (EEZ) for the remainder of Trimester 1, effective 0001 hours, April 17, 2012. Vessels issued a Federal permit to harvest longfin may not fish for, possess, or land more than 2,500 lb (1.13 mt) of longfin per trip for the remainder of Trimester 1 (through April 30, 2011). This action is necessary to prevent the longfin fishery from exceeding the butterfish mortality cap for Trimester 1.
Fisheries of the Exclusive Economic Zone Off Alaska and Pacific Halibut Fisheries; Observer Program
Document Number: 2012-9219
Type: Proposed Rule
Date: 2012-04-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS will publish a proposed rule in the Federal Register to restructure the funding and deployment system for observers in North Pacific groundfish and halibut fisheries via Amendment 86 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and Amendment 76 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP). The public comment period for the subject proposed rule will close 60 days after date of publication of the proposed rule in the Federal Register. We will hold public hearings to receive oral and written comments on the proposed regulations during the public comment period.
Payment System Risk Policy; Daylight Overdraft Posting Rules
Document Number: 2012-9211
Type: Rule
Date: 2012-04-17
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors of the Federal Reserve System (Board) has revised its Policy on Payment System Risk (PSR Policy) to modify the posting rules to conform with procedural changes to the redemption of separately-sorted savings bonds and to eliminate a reference to the contractual clearing balance program.
Definition of “Predominantly Engaged in Financial Activities”; Correction
Document Number: 2012-9210
Type: Proposed Rule
Date: 2012-04-17
Agency: Federal Reserve System, Agencies and Commissions
On April 10, 2012, the Board published in the Federal Register a supplemental notice of proposed rulemaking and request for comment that would establish the criteria for determining whether a company is ``predominantly engaged in financial activities'' for purposes of Title I of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. That Federal Register notice omitted the instructions for submitting comments. This document corrects that omission.
New Animal Drugs for Use in Animal Feeds; Tiamulin
Document Number: 2012-9196
Type: Rule
Date: 2012-04-17
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect the withdrawal of approval of those parts of a new animal drug application (NADA) for a tiamulin Type A medicated article that pertain to the production indications for use of increased rate of weight gain and improved feed efficiency in swine.
Amendment of Restricted Area R-2917, De Funiak Springs, FL
Document Number: 2012-9186
Type: Rule
Date: 2012-04-17
Agency: Federal Aviation Administration, Department of Transportation
This action modifies restricted area R-2917 by reducing the lateral and vertical dimensions of the area. The U.S. Air Force has determined that a smaller restricted area is needed to ensure that aircraft carrying certain electro-explosive devices remain a safe distance from an FPS-85 radar site.
Importation of Pomegranates From Chile Under a Systems Approach
Document Number: 2012-9184
Type: Rule
Date: 2012-04-17
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the fruits and vegetables regulations to allow the importation into the continental United States of pomegranates from Chile, subject to a systems approach. Under this systems approach, the fruit would have to be grown in a place of production that is registered with the national plant protection organization of Chile and certified as having a low prevalence of Brevipalpus chilensis. The fruit would have to undergo pre-harvest sampling at the registered production site. Following post-harvest processing, the fruit would have to be inspected in Chile at an approved inspection site. Each consignment of fruit would have to be accompanied by a phytosanitary certificate with an additional declaration stating that the fruit had been found free of Brevipalpus chilensis based on field and packinghouse inspections. This action will allow for the safe importation of fresh pomegranates from Chile using mitigation measures other than fumigation with methyl bromide.
Asian Longhorned Beetle; Additions to Quarantined Areas in Massachusetts
Document Number: 2012-9178
Type: Rule
Date: 2012-04-17
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are adopting as a final rule, without change, an interim rule that amended the Asian longhorned beetle (ALB) regulations by quarantining portions of Suffolk and Norfolk Counties, MA, and expanding the quarantined area in Worcester County, MA. The interim rule also amended the regulations to add plants of the genus Koelreuteria (golden raintree) to the list of regulated articles. The interim rule, which restricted the interstate movement of regulated articles from these areas, was necessary to prevent the artificial spread of ALB to noninfested areas of the United States.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2012-9177
Type: Proposed Rule
Date: 2012-04-17
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-500 series airplanes. This proposed AD was prompted by reports of chem-mill step cracking on the aft lower lobe fuselage skins. This proposed AD would require inspections of the fuselage skin at the chem-mill steps, and repair if necessary. We are proposing this AD to detect and correct cracking on the aft lower lobe fuselage skins, which could result in decompression of the airplane.
Fees on Health Insurance Policies and Self-Insured Plans for the Patient-Centered Outcomes Research Trust Fund
Document Number: 2012-9173
Type: Proposed Rule
Date: 2012-04-17
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations that implement and provide guidance on the fees imposed by the Patient Protection and Affordable Care Act on issuers of certain health insurance policies and plan sponsors of certain self-insured health plans to fund the Patient- Centered Outcomes Research Trust Fund. These proposed regulations affect the issuers and plan sponsors that are directed to pay those fees. This document also contains a request for comments and provides notice of public hearing on these proposed regulations.
Defense Support to Special Events
Document Number: 2012-9148
Type: Rule
Date: 2012-04-17
Agency: Department of Defense, Office of the Secretary
This rule establishes procedures and assigns responsibilities for Special Events, sets forth procedural guidance for the execution of Special Events support when requested by civil authorities or qualifying entities and approved by the appropriate DoD authority, or as directed by the President, within the United States, including the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States or any political subdivision thereof and elsewhere if properly approved.
Migratory Bird Hunting; Proposed 2012-13 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2014 Spring and Summer Migratory Bird Subsistence Harvest Proposals in Alaska
Document Number: 2012-9125
Type: Proposed Rule
Date: 2012-04-17
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2012-13 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2012-13 duck hunting seasons, requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, and requests proposals for the 2014 spring and summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide opportunities for recreation and sustenance; aid Federal, State, and tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions.
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Final 2012 and 2013 Harvest Specifications for Groundfish; Correction
Document Number: 2012-9090
Type: Rule
Date: 2012-04-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service (NMFS) is correcting a final rule that published on March 14, 2012, implementing the final 2012 and 2013 harvest specifications and prohibited species catch allowances for the groundfish fishery of the Gulf of Alaska (GOA). This rule corrects errors contained in a table in the document that provides the 2012 GOA non-American Fisheries Act crab vessel groundfish harvest sideboard limits.
Amendment to the International Traffic in Arms Regulations: International Import Certificate BIS-645P/ATF-4522/DSP-53 and Administrative Changes
Document Number: 2012-9081
Type: Rule
Date: 2012-04-17
Agency: Department of State
The Department of State is amending the International Traffic in Arms Regulations (ITAR) to remove reference to the International Import Certificate (Form BIS-645P/ATF-4522/DSP-53). This amendment ceases the Department's practice of accepting DSP-53 submissions. Instead, the DSP-61 is to be used by importers when necessary. The Department also is making administrative changes to other sections.
Special Local Regulation and Safety Zone; America's Cup Sailing Events, San Francisco, CA
Document Number: 2012-9070
Type: Proposed Rule
Date: 2012-04-17
Agency: Coast Guard, Department of Homeland Security
The Coast Guard announces the availability of a draft environmental assessment of the temporary special local regulation and temporary safety zone proposed for those portions of the ``America's Cup World Series,'' the ``Louis Vuitton Cup'' challenger selection series, and the ``America's Cup Finals Match'' sailing regattas that may be conducted in the waters of San Francisco Bay adjacent to the City of San Francisco waterfront in the vicinity of the Golden Gate Bridge and Alcatraz Island between August and September 2012 and between July and September 2013. We request your comments on this draft environmental assessment.
Revisions to the Arizona State Implementation Plan, Pinal County Air Quality Control District
Document Number: 2012-9069
Type: Rule
Date: 2012-04-17
Agency: Environmental Protection Agency
EPA is finalizing a limited approval and limited disapproval of a revision to the Pinal County Air Quality Control District portion of the Arizona State Implementation Plan (SIP). This action was proposed in the Federal Register on June 18, 2001 and concerns particulate matter (PM) emissions from stationary sources. Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), this action simultaneously approves a local rule that regulates these emission sources and directs Arizona to correct rule deficiencies.
Electronic Reporting Under the Toxic Substances Control Act
Document Number: 2012-8937
Type: Proposed Rule
Date: 2012-04-17
Agency: Environmental Protection Agency
EPA is proposing to require electronic reporting for information that must be submitted under Toxic Substances Control Act (TSCA) section 4 (pursuant to test rules and enforceable consent agreements (ECAs)), TSCA section 8(a) Preliminary Assessment Information Rule (PAIR), and TSCA section 8(d) Health and Safety Data Reporting rules. Additionally, EPA is proposing amendments to certain TSCA section 5 reporting regulations that would extend electronic reporting requirements to Notices of Commencement of Manufacture or Import (NOCs) and support documents (e.g., correspondence, amendment, and test data) relating to TSCA section 5 notices submitted to EPA before April 6, 2010. This proposed rule would require the use of EPA's Central Data Exchange (CDX) and the Chemical Information Submission System (CISS) web-based reporting tool for the submission of forms, reports, and other documents except for TSCA section 5 submissions, which would use existing e-PMN software. This action is intended to streamline the reporting process and reduce the administrative costs associated with information submission and recordkeeping.
Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Three Forks Springsnail and Threatened Status for San Bernardino Springsnail Throughout Their Ranges and Designation of Critical Habitat for Both Species
Document Number: 2012-8811
Type: Rule
Date: 2012-04-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine endangered status for the Three Forks springsnail (Pyrgulopsis trivialis) and threatened status for the San Bernardino springsnail (Pyrgulopsis bernardina); and designate critical habitat for both species under the Endangered Species Act of 1973, as amended (Act). In total, approximately 17.2 acres (6.9 hectares) are designated as critical habitat for Three Forks springsnail in Apache County, Arizona, and approximately 2.0 acres (0.8 hectares) for San Bernardino springsnail in Cochise County, Arizona. This final rule implements the Federal protections provided by the Act for these species.
Administrative Simplification: Adoption of a Standard for a Unique Health Plan Identifier; Addition to the National Provider Identifier Requirements; and a Change to the Compliance Date for ICD-10-CM and ICD-10-PCS Medical Data Code Sets
Document Number: 2012-8718
Type: Proposed Rule
Date: 2012-04-17
Agency: Department of Health and Human Services, Office of the Secretary
This proposed rule would implement section 1104 of the Patient Protection and Affordable Care Act (hereinafter referred to as the Affordable Care Act) by establishing new requirements for administrative transactions that would improve the utility of the existing Health Insurance Portability and Accountability Act of 1996 (HIPAA) transactions and reduce administrative burden and costs. It proposes the adoption of the standard for a national unique health plan identifier (HPID) and requirements or provisions for the implementation of the HPID. This rule also proposes the adoption of a data element that will serve as an other entity identifier (OEID), an identifier for entities that are not health plans, health care providers, or ``individuals,'' that need to be identified in standard transactions. This proposed rule would also specify the circumstances under which an organization covered health care provider must require certain noncovered individual health care providers who are prescribers to obtain and disclose an NPI. Finally, this rule proposes to change the compliance date for the International Classification of Diseases, 10th Revision, Clinical Modification (ICD-10-CM) for diagnosis coding, including the Official ICD-10-CM Guidelines for Coding and Reporting, and the International Classification of Diseases, 10th Revision, Procedure Coding System (ICD-10-PCS) for inpatient hospital procedure coding, including the Official ICD-10-PCS Guidelines for Coding and Reporting, from October 1, 2013 to October 1, 2014.
Endangered and Threatened Wildlife and Plants; Designation of Revised Critical Habitat for Allium munzii (Munz's onion) and Atriplex coronata var. notatior (San Jacinto Valley crownscale)
Document Number: 2012-8664
Type: Proposed Rule
Date: 2012-04-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to revise critical habitat for Allium munzii (Munz's onion) and for Atriplex coronata var. notatior (San Jacinto Valley crownscale) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 889 acres (360 hectares) are being proposed for designation as critical habitat for A. munzii and approximately 8,020 acres (3,246 hectares) for A. c. var. notatior. All of the proposed revised critical habitat is located in Riverside County, California.
Service Rules for Advanced Wireless Services in the 2000-2020 MHz and 2180-2200 MHz Bands, etc.
Document Number: 2012-8405
Type: Proposed Rule
Date: 2012-04-17
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission proposes and/or seeks comments on service, technical, assignment, and licensing rules for flexible terrestrial use of spectrum currently assigned to the Mobile Satellite Service (MSS) in the 2 GHz band. These proposed rules are designed to increase the Nation's supply of spectrum for mobile broadband, provide for flexible use of this spectrum, encourage innovation and investment in mobile broadband, and provide a stable regulatory environment in which broadband deployment could develop. This proposal would carry out a recommendation in the National Broadband Plan that the Commission enable the provision of stand-alone terrestrial services in this spectrum. With this proceeding we intend to fulfill the Commission's previously stated plan to create a solid and lasting foundation for the provision of terrestrial services in the 2 GHz band. The Commission also seeks comment on an alternative band plan involving additional spectrum at 1695-1710 MHz that the National Telecommunications and Information Administration (NTIA) has proposed to reallocate from Federal to commercial use.
National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production
Document Number: 2012-6421
Type: Rule
Date: 2012-04-17
Agency: Environmental Protection Agency
The EPA is promulgating National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production. The final rules establish emission standards that apply at all times, including periods of startup, shutdown and malfunction, for hazardous air pollutants from polyvinyl chloride and copolymers production located at major and area sources. The final rules include requirements to demonstrate initial and continuous compliance with the emission standards, including monitoring provisions and recordkeeping and reporting requirements.
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