May 2012 – Federal Register Recent Federal Regulation Documents

The Coast Guard proposes to establish a temporary safety zone on Lake Ontario, Olcott, NY. This proposed rule is intended to restrict vessels from a portion of Lake Ontario during the Olcott fireworks display. The safety zone established by this proposed rule is necessary to protect spectators, participants, and vessels from the hazards associated with firework display.

This document contains final regulations relating to the health insurance premium tax credit enacted by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, as amended by the Medicare and Medicaid Extenders Act of 2010, the Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011, the Department of Defense and Full-Year Continuing Appropriations Act, 2011, and the 3% Withholding Repeal and Job Creation Act. These final regulations provide guidance to individuals who enroll in qualified health plans through Affordable Insurance Exchanges (Exchanges) and claim the premium tax credit, and to Exchanges that make qualified health plans available to individuals and employers.

The Department of Homeland Security is giving concurrent notice of a updated system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/U.S. Customs and Border Protection006Automated Targeting System (ATS) System of Records'' and this proposed rulemaking. The Department is publishing this Notice of Proposed Rulemaking to ensure that the exemptions previously published are clearly and appropriately applied to all records in the updated system of records.

The Captain of the Port of New Orleans (COTP New Orleans) is re-establishing and extending the effective period for the moving security zone on the Mississippi river, mile marker 90 through mile marker 110, extending 300 yards on all sides of vessels being escorted by one or more Coast Guard assets.

This document proposes to establish a new Federal Motor Vehicle Safety Standard No. 136 to require electronic stability control (ESC) systems on truck tractors and certain buses with a gross vehicle weight rating of greater than 11,793 kilograms (26,000 pounds). ESC systems in truck tractors and large buses are designed to reduce untripped rollovers and mitigate severe understeer or oversteer conditions that lead to loss of control by using automatic computer- controlled braking and reducing engine torque output. In 2012, we expect that about 26 percent of new truck tractors and 80 percent of new buses affected by this proposed rule will be equipped with ESC systems. We believe that ESC systems could prevent 40 to 56 percent of untripped rollover crashes and 14 percent of loss-of-control crashes. By requiring that ESC systems be installed on truck tractors and large buses, this proposal would prevent 1,807 to 2,329 crashes, 649 to 858 injuries, and 49 to 60 fatalities at less than $3 million per equivalent life saved, while generating positive net benefits.

This regulation establishes an exemption from the requirement of a tolerance for residues of 1,2-ethanediamine, N1-(2-aminoethyl)-, polymer with 2,4-diisocyanato-1-methylbenzene, when used as an inert ingredient in a pesticide chemical formulation. ICR, Inc., on behalf of Triton Systems, Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 1,2- ethanediamine, N1-(2-aminoethyl)-, polymer with 2,4-diisocyanato-1- methylbenzene on food or feed commodities.

The U.S. Small Business Administration (SBA) announces that it is holding a public Webinar and Roundtable Meetings regarding its proposal to amend its regulations governing size and eligibility for the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs. The proposed rule would implement provisions of the National Defense Authorization Act for Fiscal Year 2012. The proposed rule addresses ownership, control and affiliation for participants in the SBIR and STTR Programs. This includes participants that are majority owned by multiple venture capital operating companies, private equity firms or hedge funds. The Webinar and Roundtable Meetings will provide a basic overview of and respond to questions regarding the proposed rule. The Webinar and Roundtable Meetings will be summarized and become part of the administrative record.

EPA is proposing to approve portions of a State Implementation Plan (SIP) revision submitted by the State of Idaho on October 25, 2010, as meeting the requirements of the Clean Air Act (CAA or the Act) and federal regional haze program requirements. In a previous action on June 22, 2011, EPA approved portions of the October 25, 2010, SIP submittal as meeting the requirements for interstate transport for visibility of the CAA and certain requirements of the regional haze program including the requirements for best available retrofit technology (BART). This Federal Register notice addresses the requirements of the Act and EPA's rules that require states to prevent any future and remedy any existing anthropogenic 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'').This action proposes to approve the remaining regional haze SIP elements for which EPA previously took no action in the June 22, 2011, notice.

The FAA is announcing public meetings to gather additional technical input on the subject of exemptions relating to the LHFE. Input gathered will aid in developing future FAA guidance for evaluating LHFE petitions for exemption. Prior to the public meetings, the FAA is seeking public comment on the guidance.

We propose to adopt a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model A109E and Model A109S helicopters with certain lower semichannel assemblies installed. This proposed AD results from reported cases of damage to the main drive shaft caused by improperly secured metallic spacers on some A109 model helicopters. This proposed AD would require a one-time inspection of the lower semichannel assemblies to determine if metallic spacers are installed. If the metallic spacers are installed, this proposed AD would require an inspection for the correct installation of the metallic spacers on the semichannels and for the correct seating of the gaskets. If the metallic spacers are not installed with rivets, the lower semichannel assemblies would be required to be modified, and the main drive shaft would be inspected for damage. The actions specified by this proposed AD are intended to detect missing spacer rivets, which could allow the metallic spacers to rotate and lead to damage and failure of the main drive shaft, and subsequent loss of helicopter control.

We propose to adopt a new airworthiness directive (AD) for all Eurocopter Deutschland GmbH Model MBB-BK117 C-2 helicopters with certain Generator Control Units (GCU) installed. This proposed AD is prompted by reports of internal short circuits in certain GCUs. The proposed actions are intended to replace any affected GCUs to prevent a short circuit, which could result in a loss of electrical generating power, loss of systems required for continued safe flight and landing, and subsequent loss of control of the helicopter.

We are superseding an existing airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701 & 702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) airplanes. That AD currently requires a one- time inspection of the main landing gear (MLG) shock strut assemblies for part and serial numbers; for certain MLG shock strut assemblies, a one-time inspection of the torque link apex joint, and corrective actions if necessary; and, for certain MLG shock strut assemblies, replacement or rework of the apex nut. This new AD continues to require the actions in the existing AD, and adds the previously omitted part and serial numbers. This AD was prompted by reports of loose or detached main landing gear (MLG) torque link apex pin locking plate and the locking plate retainer bolt in the torque link apex joint. We are issuing this AD to detect and correct improper assembly and damage of the MLG torque link apex joint, which could cause heavy vibration during landing, consequent damage to MLG components, and subsequent collapse of the MLG.

The Coast Guard proposes to establish a temporary safety zone on the Niagara River, Tonawanda, NY. This proposed rule is intended to restrict vessels from a portion of the Niagara River during the City of Tonawanda July 4th Celebration fireworks display. The safety zone established by this proposed rule is necessary to protect spectators, participants, and vessels from the hazards associated with firework display.

The Coast Guard is establishing a temporary safety zone on Presque Isle Bay, Erie, PA. This zone is intended to restrict vessels from a portion of Presque Isle Bay during the Flagship Niagara Mariners Ball Fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with a firework display.

Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

EPA is approving a revision to the Rhode Island State Implementation Plan (SIP) that addresses regional haze for the first planning period from 2008 through 2018. The revision was submitted by the Rhode Island Department of Environmental Management (RI DEM) on August 7, 2009. This revision addresses the requirements of the Clean Air Act (CAA) and EPA's regulations that require States to prevent any future, and remedy any existing, manmade 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'').

EPA is taking action to finalize two separate and independent determinations regarding the fine particulate matter (PM2.5) nonattainment area of Baltimore (hereafter referred to as the ``Baltimore Area'' or ``Area''). First, EPA is determining that the Baltimore Area has attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) under the Clean Air Act (CAA). This determination is based upon complete, quality-assured, and certified ambient air monitoring data for the 2008-2010 monitoring period showing that the Area has monitored attainment of the 1997 annual PM2.5 NAAQS, and data available to date for 2011 in EPA's Air Quality System (AQS) database showing that the Area continues to attain. Under EPA's PM2.5 implementation regulations, this final determination suspends obligation of the Area to submit an attainment demonstration and associated reasonably available control measures and reasonably available control technologies (RACM/RACT), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plan (SIP) revisions related to the attainment of the standard for so long as the Area continues to attain the 1997 annual PM2.5 NAAQS. EPA is also determining, based on complete quality-assured and certified monitoring data for the 2007- 2009 monitoring period, that the Area attained the 1997 annual PM2.5 NAAQS by its applicable attainment date of April 5, 2010. In addition, EPA is withdrawing its July 31, 2009 (74 FR 38161) proposed determination of attainment for the Baltimore Area, because more recent monitoring data has become available. EPA is finalizing a determination of attainment for the Baltimore Area, in accordance with the requirements of the (CAA).

In order to help assess and ensure the accuracy of the trademark register, the United States Patent and Trademark Office (``USPTO'') is revising the Trademark Rules of Practice and the Rules of Practice for Filings Pursuant to the Madrid Protocol to allow the USPTO to: Upon request, require any additional specimens, information, exhibits, and affidavits or declarations deemed reasonably necessary to examine a post registration affidavit or declaration of continued use or excusable nonuse in trademark cases, and for a two-year period, conduct a pilot program for the USPTO to assess the accuracy and integrity of the register; and upon request, require more than one specimen in connection with a use-based trademark application, an allegation of use, or an amendment to a registered mark. These revisions aim to ensure the ability to rely on the trademark register as an accurate reflection of marks that are actually in use in the United States for the goods/services identified in the registration, and thereby reduce costs and burdens on the public.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to establish an order for application of contract modifications to resolve any potential conflicts that may arise from multiple modifications with the same effective date.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the requirement in the National Defense Authorization Act for Fiscal Year 2012 to report to the congressional defense committees before issuing a waiver of the prohibition on acquisition of United States Munitions List items from Communist Chinese military companies.

DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the United StatesColombia Trade Promotion Agreement. This Trade Promotion Agreement is a free trade agreement that provides for mutually non-discriminatory treatment of eligible products and services from Columbia.

This notice proposes a statement of policy regarding the application of the Federal Transit Administration's Buy America rules to procurements for the overhaul and rebuilding of rolling stock, and seeks comment from all interested parties.

We are reopening the comment period for our proposed rule that would amend the regulations that govern the importation of animals and animal products to revise the conditions for the importation of live bovines and products derived from bovines with regard to bovine spongiform encephalopathy. This action will allow interested persons additional time to prepare and submit comments.

On April 18, 2012, we, NMFS, published 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 closes on June 18, 2012. We will hold a public hearing in Seattle, WA, to receive oral and written comments on the proposed regulations during the public comment period.

The Coast Guard proposes to modify the operating schedule that governs the Meridian and Bigbee Railroad (MNBR) swing span bridge across the Alabama River at Selma, Dallas County, Alabama. Due to the infrequent requirement to open the bridge for the passage of vessels, the owner has requested a change allowing the bridge to open only on signal if at least 24-hours advanced notification is given.