May 2012 – Federal Register Recent Federal Regulation Documents

This final rule revises the requirements that hospitals and critical access hospitals (CAHs) must meet to participate in the Medicare and Medicaid programs. These changes are an integral part of our efforts to reduce procedural burdens on providers. This rule reflects the Centers for Medicare and Medicaid Services' (CMS) commitment to the general principles of the President's Executive Order 13563, released January 18, 2011, entitled ``Improving Regulation and Regulatory Review.''

We, the U.S. Fish and Wildlife Service, announce our 12-month findings on a petition to reclassify San Clemente Island lotus, and San Clemente Island paintbrush under the Endangered Species Act are warranted and we propose to change the status of these two species from endangered to threatened. We also propose to correct the scientific and common names of San Clement Island lotus. We are also announcing our 12-month finding on a petition to reclassify San Clemente Island bush mallow is not warranted at this time, and therefore we are not proposing to change the status of this species. We are taking these actions as a result of a petition to reclassify these three species.

The U.S. Department of Energy (DOE) is amending its energy conservation standards for small, large, and very large water-cooled and evaporatively-cooled commercial package air conditioners, and variable refrigerant flow (VRF) water-source heat pumps less than 17,000 Btu/h. DOE is adopting new energy conservation standards for computer room air conditioners and VRF water-source heat pumps with a cooling capacity at or greater than 135,000 Btu/h and less than 760,000 Btu/h. Pursuant to the Energy Policy and Conservation Act of 1975 (EPCA), as amended, DOE must assess whether the uniform national standards for these covered equipment need to be updated each time the corresponding industry standardthe American National Standards Institute (ANSI)/American Society of Heating, Refrigerating, and Air- Conditioning Engineers (ASHRAE)/Illuminating Engineering Society of North America (IESNA) Standard 90.1 (ASHRAE Standard 90.1)is amended, which most recently occurred on October 29, 2010. The levels DOE is adopting are the same as the efficiency levels specified in ASHRAE Standard 90.1-2010. DOE has determined that the ASHRAE Standard 90.1- 2010 efficiency levels for the equipment types listed above are more stringent than existing Federal energy conservation standards and will result in economic and energy savings compared existing energy conservation standards. Furthermore, DOE has concluded that clear and convincing evidence does not exist, as would justify more-stringent standard levels than the efficiency levels in ASHRAE Standard 90.1-2010 for any of the equipment classes. DOE is also updating the current Federal test procedures or, for certain equipment, adopting new test procedures to incorporate by reference the most current versions of the relevant industry test procedures specified in ASHRAE Standard 90.1- 2010. Furthermore, DOE is adopting additional test procedure provisions to include with modification certain instructions from Air- Conditioning, Heating, and Refrigeration Institute (AHRI) operations manuals in that organization's test procedures that would clarify the application of the DOE test procedures and harmonize DOE testing with the testing performed by industry.

The MUTCD is incorporated in the FHWA regulations, approved by the FHWA, and recognized as the national standard for traffic control devices used on all streets, highways, bikeways, and private roads open to public travel. The purpose of this final rule is to revise certain definitions and guidance relating to traffic control devices in Part 1 (General) of the MUTCD. The changes will clarify the definition of Standard statements in the MUTCD and clarify the use of engineering judgment and studies in the application of traffic control devices.

FRA amends the regulations implementing a provision of the Rail Safety Improvement Act of 2008 that requires certain passenger and freight railroads to install positive train control (PTC) systems. This final rule removes regulatory provisions that require railroads to either conduct further analyses or meet certain risk-based criteria in order to avoid PTC system implementation on track segments that do not transport poison- or toxic-by-inhalation hazardous (PIH) materials traffic and are not used for intercity or commuter rail passenger transportation as of December 31, 2015.

NMFS issues this temporary rule under its authority to implement emergency measures under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This emergency rule closes the Delmarva Scallop Access Area (Delmarva) to all scallop vessels for the remainder of the 2012 scallop fishing year and reallocates unused 2012 limited access full-time vessel (FT) scallop Delmarva trips to the Closed Area I Access Area (CAI). Closing Delmarva will prevent high levels of fishing effort in this area, which could have reduced long-term scallop biomass and yield from Delmarva, and could have compromised the overall success of the scallop area rotational management program. This emergency action reallocates 2012 Delmarva trips to CAI to ensure equity in trip allocations and to minimize economic impacts of closing the Delmarva. The New England Fishery Management Council (Council) recommended that NMFS take this action quickly in order to minimize any fishing effort in the Delmarva, and ensure the industry is aware of any allocation adjustments as soon as possible before CAI opens on June 15, 2012.

NMFS issues this temporary rule to delay the start date of the 2012-2013 fishing season for the commercial black sea bass sector of the snapper-grouper fishery from June 1, 2012 to July 1, 2012 to allow for the implementation of the final rule for Amendment 18A to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 18A). The final rule for Amendment 18A modifies black sea bass accountability measures, establishes an endorsement program for black sea bass pot fishermen, modifies size limits for commercial and recreational black sea bass, and improves fisheries data collection in the for-hire sector of the snapper-grouper fishery. Amendment 18A also updates the black sea bass rebuilding plan and modifies the acceptable biological catch (ABC) for black sea bass. The intent of Amendment 18A is to reduce overcapacity in the black sea bass segment of the snapper-grouper fishery. The final rule implementing management measures in Amendment 18A is not expected to be effective until after June 1, the start of the black sea bass fishing season. Therefore, this temporary rule is necessary to delay the start of the commercial black sea bass season to allow NMFS to finalize rulemaking for Amendment 18A. The intent of this temporary rule is to reduce the rate of black sea bass harvest and help ensure black sea bass landings remain below the annual catch limit (ACL).

The United States Patent and Trademark Office (Office) is proposing to adjust certain patent fee amounts for fiscal year 2013 to reflect fluctuations in the Consumer Price Index (CPI). The patent statute provides for the annual CPI adjustment of patent fees set by statute to recover the higher costs associated with doing business as reflected by the CPI.

This regulation establishes tolerances for residues of penflufen in or on multiple commodities which are identified and discussed later in this document. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes tolerances for residues of fluxapyroxad in or on multiple commodities which are identified and discussed later in this document. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

On February 22, 2012, the Commission published in the Federal Register a Notice of Proposed Rulemaking (77 FR 10415) (NOPR) proposing to amend its regulations to incorporate by reference the latest version (Version 2.0) of business practice standards adopted by the Wholesale Gas Quadrant of the North American Energy Standards Board (NAESB) applicable to natural gas pipelines. The Commission, however, did not propose to adopt two standards it found inconsistent with its regulations. Among the comments filed with the Commission were comments from NAESB explaining that its Wholesale Gas Quadrant Executive Committee was in the process of voting on two standards to rectify the inconsistency noted in the NOPR by the Commission. On May 4, 2012, NAESB filed a status report informing the Commission that it had finalized the two corrections. The Commission is providing interested parties an opportunity to file comments with respect to the two corrected standards adopted by NAESB and whether the Commission should incorporate these revised standards into its regulations.

The Coast Guard is establishing two temporary safety zones in the navigable waters of the East Passage, Narragansett Bay, Rhode Island, during the America's Cup World Series (ACWS) sailing vessel racing event.

This action amends Class E airspace at Omaha, NE. Additional controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Eppley Airfield. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

The Coast Guard is establishing a temporary safety zone for all waters of the Upper Mississippi River, from mile 183.0 to mile 183.5, in the vicinity of the Merchants Bridge and extending the entire width of the river. This safety zone is needed to protect repair workers and vessels transiting the area on the Upper Mississippi River to complete bridge repairs. Entry into this zone is prohibited unless specifically authorized by the Captain of the Port Upper Mississippi River or a designated representative.

The U.S. Small Business Administration (SBA) published a final rule in the Federal Register on February 11, 2011, to amend the 8(a) Business Development (BD) program and SBA size regulations, and the regulations affecting Small Disadvantaged Businesses (SDBs). That rule was published with a few inadvertent errors that are corrected in this document.

EPA is proposing the revocation of certain testing requirements promulgated under the Toxic Substances Control Act (TSCA) for benzenesulfonic acid, [[4-[[4-(phenylamino)phenyl][4-(phenylimino)- 2,5-cyclohexadien-1-ylidene]methyl]phenyl]amino]- (CAS No. 1324-76-1), also known as C.I. Pigment Blue 61. EPA is basing its decision to take this action on information received since publication of the final rule that established testing requirements for this chemical substance.

We propose to adopt a new airworthiness directive (AD) for Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters, which requires inspecting the tail rotor (T/R) pylon for a loose or missing fastener, a crack, damage, or corrosion and adding an internal doubler to the aft shear deck tunnel assembly. This proposed AD is prompted by the discovery of cracks in T/R pylons. The proposed actions are intended to detect a loose or missing fastener, a crack, damage, or corrosion on the T/R pylon and, if present, to repair the T/R Pylon and install a doubler on the aft shear deck tunnel assembly or to replace the T/R pylon and install the doubler on the aft shear deck tunnel assembly to prevent failure of the T/R pylon or other T/R components, and subsequent loss of control of the helicopter.

The Postal Service will revise the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) 601.10.20, to incorporate standards that prohibit the outbound international mailing of lithium batteries and devices containing lithium batteries. This prohibition also extends to the mailing of lithium batteries to and from an APO, FPO, or DPO location. However, this prohibition does not apply to lithium batteries authorized under DMM 601.10.20 when mailed within the United States or its territories.

This final rule rescinds the final rule published on April 5, 2010, entitled ``Electronic On-Board Recorders for Hours-of-Service Compliance'' and amended by a September 13, 2010, technical amendment. This action responds to a decision of the Court of Appeals for the Seventh Circuit that vacated the April 2010 final rule.

This action amends Class E Airspace in the Tullahoma, TN area, as the Arnold Air Force Base has been closed and controlled airspace associated with the airport is being removed. Airspace reconfiguration is necessary for the continued safety and airspace management of Instrument Flight Rules (IFR) operations within the Tullahoma, TN airspace area. This action also makes a minor adjustment to the geographic coordinates of the Tullahoma Regional Airport/Wm Northern Field.

This action amends Class D and E airspace at Martin State Airport, Baltimore, MD. The geographic coordinates of the Baltimore VORTAC are being adjusted to coincide with the FAA's aeronautical database, which show the correct coordinates. This does not affect the boundaries or operating requirements of the airspace.

The EPA is revising the rules for implementing the 1997 8-hour ozone national ambient air quality standards (NAAQS) to address certain limited portions of the rules vacated by the U.S. Court of Appeals for the District of Columbia Circuit. This final rule assigns Clean Air Act (CAA or Act) classifications and associated state planning and control requirements to selected ozone nonattainment areas. This final rule also addresses three vacated provisions of the 1997 8-hour NAAQSPhase 1 Implementation Rule (April 30, 2004) that provided exemptions from the anti-backsliding requirements relating to nonattainment area New Source Review (NSR), CAA section 185 penalty fees, and contingency measures, as these three requirements applied for the 1-hour standard. This rule also reinstates the 1-hour contingency measures as applicable requirements that must be retained until the area attains the 1997 8- hour ozone standard. Finally, this rule deletes an obsolete provision that stayed the EPA's authority to revoke the 1-hour ozone standard pending the Agency's issuance of a final rule that revises or reinstates its revocation authority and considers and addresses certain other issues. That rule has now been issued.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767-200 and -300 series airplanes. This AD was prompted by reports of multiple site damage cracks in the radial web lap and tear strap splices of the aft pressure bulkhead at station (STA) 1582 due to fatigue. This AD requires repetitive inspections for cracking of the aft pressure bulkhead at STA 1582, repair or replacement of any cracked bulkhead, and eventual replacement of the aft pressure bulkhead at STA 1582 with a new bulkhead. Accomplishing the replacement terminates the repetitive inspections required by this AD. We are issuing this AD to prevent fatigue cracking of the aft pressure bulkhead, which could result in rapid decompression of the airplane and possible damage or interference with the airplane control systems that penetrate the bulkhead, and consequent loss of controllability of the airplane.

NMFS issues this final rule to implement a regulatory amendment to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region (Regulatory Amendment 11), as prepared by the South Atlantic Fishery Management Council (Council). This rule removes the harvest and possession prohibition of six deep- water snapper-grouper species (snowy grouper, blueline tilefish, yellowedge grouper, misty grouper, queen snapper, and silk snapper) from depths greater than 240 ft (73 m) in the South Atlantic exclusive economic zone (EEZ). The intent of this final rule is to maintain the biological protection to speckled hind and warsaw grouper as well as reduce the socio-economic impacts to fishermen harvesting deep-water snapper-grouper in the South Atlantic.

The Coast Guard proposes to establish a safety zone at the entrance of Yaquina Bay in Newport, OR, for a local fireworks event. The safety zone is necessary to help ensure the safety of the maritime public during the display and would do so by prohibiting persons and vessels from entering the safety zone unless authorized by the Captain of the Port Columbia River or his designated representative.