May 2012 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Arapahoe snowfly (Capnia arapahoe) as endangered and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After review of the best available scientific and commercial information, we find that listing the Arapahoe snowfly as threatened or endangered is warranted. Currently, however, listing the Arapahoe snowfly is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add the Arapahoe snowfly to our candidate species list. We will develop a proposed rule to list the Arapahoe snowfly as our priorities allow. We will make any determination on critical habitat during development of the proposed listing rule. In any interim period, we will address the status of the candidate taxon through our annual Candidate Notice of Review.

We are proposing to withdraw the alternative tow time restriction and require all skimmer trawls, pusher-head trawls, and wing nets (butterfly trawls) rigged for fishing to use turtle excluder devices (TEDs) in their nets. The intent of this proposed rule is to reduce incidental bycatch and mortality of sea turtles in the southeastern U.S. shrimp fisheries, and to aid in the protection and recovery of listed sea turtle populations.

This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rule appearing in Federal Acquisition Circular (FAC) 2005-59, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding this rule by referring to FAC 2005-59, which precedes this document. These documents are also available via the Internet at https://www.regulations.gov.

DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement the United States- Colombia 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 Colombia.

This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-59. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.

This action proposes to establish Class E airspace at Roundup Airport, Roundup, MT. Controlled airspace is necessary to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Roundup Airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.

This action proposes to modify Class E airspace at Unalakleet Airport, Unalakleet, AK, to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Unalakleet Airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe (BNSF) Railway Company swing span bridge across Bayou Boeuf, mile 10.2, at Amelia, St. Mary Parish, Louisiana. The deviation is necessary to perform scheduled repairs necessitated by a bridge allision. This deviation allows the bridge to remain in the closed-to-navigation position for sixteen consecutive hours.

The Coast Guard will establish a temporary safety zone on the Atlantic Ocean in the vicinity of Virginia Beach, VA to support the Virginia Beach Oceanfront Air Show. This action is necessary to provide for the safety of life on navigable waters during the Virginia Beach Air Show. This action is intended to restrict vessel traffic movement on the Atlantic Ocean to protect mariners from the hazards associated with air show events.

The Coast Guard is establishing a temporary safety zone during the ``Baltimore Air Show'', which consists of aerial practices, performance demonstrations and air shows, to be held over certain waters of the Patapsco River adjacent to the Fort McHenry National Monument and Historic Shrine in Baltimore, Maryland from June 14, 2012 through June 17, 2012. This rule is necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in portions of the Patapsco River during the event.

EPA proposed on April 25, 2012 (77 FR 24794) to take action on a revision to the state implementation plan (SIP) addressing regional haze submitted by the State of New York. In that proposal, EPA proposed to address through a Federal Implementation Plan (FIP) certain requirements not addressed in New York's regional haze SIP submission or, alternatively, to approve a substantively identical SIP revision by New York, should the State timely submit such a revision. In two letters dated April 16, 2012, New York submitted additional materials relevant to our proposed action on its regional haze SIP submission, including proposed SIP revisions addressing the requirements for best available retrofit technology controls (BART) for a number of sources. EPA is providing notice of availability of these materials. The comment period on EPA's proposed action on the New York regional haze SIP closes on June 18, 2010.

The Coast Guard is proposing a temporary change to the enforcement periods and regulated areas of safety zone regulations for two recurring fireworks displays within the Fifth Coast Guard District. This regulation applies to a recurring fireworks display events that take place at Baltimore, MD and Oxford, MD. Safety zone regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the Northwest Harbor (East Channel), Patapsco River, and Tred Avon River during the event.

The Coast Guard is proposing a temporary change to the enforcement period of a safety zone regulation for one recurring firework display within the Fifth Coast Guard District. This regulation refers to the firework display event that takes place on the navigable waters of Broad Bay in Virginia Beach, VA. This action is necessary to provide for the safety of life on navigable waters during the Cavalier Golf & Yacht Club Independence Day Fireworks Display. This action is intended to restrict vessel traffic movement to protect mariners from the hazards associated with firework displays.

The Securities and Exchange Commission (``Commission'') is reopening the comment period for proposed amendments to its net capital, customer protection, books and records, and notification rules for broker-dealers under the Securities Exchange Act of 1934 (``Exchange Act''), which was issued by the Commission on March 9, 2007. The original comment period for the proposed amendments closed on May 18, 2007, and the Commission extended the public comment period until June 18, 2007. The Commission did not act on the rules at that time. The Commission is presently reconsidering the proposed rule amendments. Given the passage of time since the amendments were proposed, the Commission is reopening for 30 days the time period in which to provide the Commission with comments.

The Postal Service will revise the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) 707.6 to permit limited reporting of electronic copies of Periodicals publications to satisfy the circulation standards for Periodicals qualification. Standards require that at least 50% of the circulated copies be distributed to those who subscribe to a general publication or request a Requester publication.

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 717-200 airplanes. This proposed AD was prompted by multiple reports of cracks of overwing frames. This proposed AD would require repetitive inspections for cracking of the overwing frames, and related investigative and corrective actions if necessary. We are proposing this AD to detect and correct such cracking that could sever a frame, which may increase the loading of adjacent frames, and result in damage to the adjacent structure and consequent loss of structural integrity of the airplane.

This regulation establishes an exemption from the requirement of a tolerance for residues of [alpha]-(p-nonylphenol)-[omega]- hydroxypoly(oxyethylene) mixture of dihydrogen phosphate and monohydrogen phosphate esters and the corresponding ammonium, calcium, magnesium, potassium, sodium, and zinc salts of the phosphate esters and [alpha]-(p-nonylphenol)-[omega]-hydroxypoly(oxyethylene) sulfate, ammonium, calcium, magnesium, potassium, sodium, and zinc salts when used as inert ingredients at levels not to exceed 7% in pesticide formulations applied to growing crops, raw agricultural commodities after harvest and animals. The Joint Inerts Task Force, (JITF) Cluster Support Team Number (CST) 9 submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of [alpha]-(p-nonylphenol)-[omega]-hydroxypoly(oxyethylene) mixture of dihydrogen phosphate and monohydrogen phosphate esters and the corresponding ammonium, calcium, magnesium, potassium, sodium, and zinc salts of the phosphate esters and [alpha]-(p-nonylphenol)-[omega]- hydroxypoly(oxyethylene) sulfate, ammonium, calcium, magnesium, potassium, sodium, and zinc salts.

The Food Safety and Inspection Service (FSIS) is issuing this document to propose to clarify its requirements for validation by an official establishment of its Hazard Analysis Critical Control Point (HACCP) system, that is, validation of both the critical control points (CCPs) in the HACCP plan and any interventions or processes used to support decisions in the hazard analysis. Validation of a HACCP system involves two separate elements: The scientific or technical support for the judgments made in designing the HACCP system, and evidence derived from the execution of the HACCP plan to demonstrate that it is, in fact, achieving the critical operational parameters documented in the scientific or technical support. The Agency is also announcing the availability of, and requesting comments on, a revised draft guidance document prepared to assist establishments in appropriately validating their HACCP systems. The Agency received and analyzed comments on the initial draft of this guidance, which the Agency posted on its Web site in March 2010. FSIS is soliciting comments on this revised guidance and will hold a public meeting to discuss the revised guidance before it issues final guidance for HACCP systems validation.

We are superseding an existing airworthiness directive (AD) for certain Airbus Model A300 B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and B4-203 airplanes; and Model A300 B4-601, B4-603, B4-620, B4-622, B4- 605R, B4-622R, and F4-605R airplanes. That AD currently requires repetitive inspections for cracking in Gear Rib 5 of the main landing gear (MLG) attachment fittings at the lower flange, and repair if necessary; and provides an optional spot-facing modification around certain fastener holes, which would terminate certain repetitive inspections. This new AD mandates the optional spot-facing modification. This AD was prompted by new cases of cracks discovered during scheduled maintenance checks. We are issuing this AD to prevent cracking of the Gear Rib 5 right-hand and left-hand attachment fitting at the lower flanges of the MLG, which could result in failed bolts penetrating through the rear spar and into a fuel tank, consequent fuel loss, and reduced structural integrity of the airplane.

This regulation establishes a tolerance for residues of 1- naphthaleneacetic acid, potassium and sodium salts in or on potatoes. Stehekin, LLC petitioned EPA for clearance of use of this pesticide under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the 162,762-acre ``Ancient Lakes of Columbia Valley'' viticultural area in Douglas, Grant, and Kittitas Counties in central Washington. The proposed viticultural area lies within the larger Columbia Valley viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on this proposed addition to its regulations.

We, the U.S. Fish and Wildlife Service (Service), recently published a proposal to revise the designated critical habitat for the northern spotted owl (Strix occidentalis caurina), and announced the opening of a public comment period on the proposed revised rule through June 6, 2012. We now extend the public comment period to July 6, 2012. We are extending the public comment period to allow all interested parties an opportunity to comment simultaneously on the proposed revised rule and the soon-to-be-released draft economic analysis and draft environmental assessment on the proposed rule. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule. We also announce a public hearing and public information meetings on our proposed revised rule and associated documents.

The Department of Veterans Affairs (VA) hereby withdraws a proposed rule published in the Federal Register on July 5, 2011, that was intended to amend the Schedule for Rating Disabilities; The Digestive System. VA has determined, after conducting extensive medical research, the existence of new medical advances that more accurately and comprehensively address the current medical criteria, terminology, and science related to the digestive system. Therefore, the proposed rule is in part based upon outdated and partially incomplete or irrelevant information.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A320-214 and-232 airplanes. This proposed AD was prompted by reports that medium-head fasteners were installed in lieu of shear-head fasteners on a certain upper panel which manufacturer fatigue and damage tolerance analyses demonstrated could have an affect on panel fatigue life. This proposed AD would require repetitive inspections for cracking of certain fasteners, and repairs if necessary. We are proposing this AD to detect and correct cracking which could result in the loss of structural integrity of the airplane.

This proposed rule would amend the inland waterways navigation regulations. Specifically, this rule proposes to redefine the geographical points which currently demarcate an area of the Detroit River in which certain vessels are restricted to speeds not greater than 12 statute miles per hour (10.4 knots).