June 2012 – Federal Register Recent Federal Regulation Documents

The Rural Housing Service (RHS) proposes to amend the regulations utilized to service the Community Facilities Guaranteed Loan Program by amending the regulation in two separate sections, in order to clarify the types of projects that are eligible for a Community Facilities Guaranteed Loan. The intended effect of this action is to strengthen the Community Facilities Guaranteed Loan Program by limiting the risk to the guaranteed loan portfolio. RHS is seeking to prohibit the financing of facilities in which the operation of such facilities have not been supported by the community and have resulted in significant default and loan losses to the agency.

On May 11, 2012, the Bureau of Land Management (BLM) published in the Federal Register a proposed rule to regulate hydraulic fracturing on public land and Indian land. The rule would require disclosure to the public of chemicals used in hydraulic fracturing on public land and Indian land, strengthen regulations related to well- bore integrity, and address issues related to flowback water. This rule is necessary to provide useful information to the public and to help ensure that hydraulic fracturing is conducted in a way that adequately protects the environment. Due to the complexity of the rule and the issues surrounding it, the BLM is extending the comment period for 60 days beyond the end of the initial comment period. As a result of this extension, the comment period will now close on September 10, 2012.

The Coast Guard will enforce the safety zone for the Kings Beach Independence Day Fireworks display from 7 a.m. until 10 p.m. on July 3, 2012. This action is necessary to protect life and property of the maritime public from the hazards associated with the fireworks display. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM).

We are amending the plants for planting regulations to provide conditions for the importation into the continental United States of Dracaena spp. plants from Costa Rica. These conditions will apply to plants less than 460 mm in length, which are currently allowed to be imported, and will also allow for the importation of plants over 460 mm and up to 1,371.6 mm in length, which are currently prohibited. As a condition of entry, Dracaena spp. plants from Costa Rica will have to be produced in accordance with integrated pest risk management measures that will include requirements for registration of place of production and packinghouses, a pest management plan, inspection for quarantine pests, sanitation, and traceability from place of production through the packing and export facility and to the port of entry into the United States. All Dracaena spp. plants from Costa Rica will also be required to be accompanied by a phytosanitary certificate with an additional declaration stating that all conditions for the importation of the plants have been met and that the consignment of plants has been inspected and found free of quarantine pests. This action will allow for the importation of oversized Dracaena spp. plants from Costa Rica into the United States while continuing to provide protection against the introduction of quarantine pests.

This document contains proposed regulations that provide guidance regarding the requirements for charitable hospital organizations relating to financial assistance and emergency medical care policies, charges for certain care provided to individuals eligible for financial assistance, and billing and collections. The regulations reflect changes to the law made by the Patient Protection and Affordable Care Act of 2010. The regulations will affect charitable hospital organizations.

The Department of Commerce (the Department) proposes to amend its regulations to add a subsection that strengthens the accountability of attorneys and non-attorney representatives who appear in proceedings before the Import Administration (IA). If this proposed rule is implemented, the Department will continue its long-standing practice of permitting attorneys and non-attorney representatives to appear before IA. The proposed rule provides that both attorneys and non-attorney representatives will be subject to disciplinary action for misconduct based upon good cause. The proposed rule will assist the Department in maintaining the integrity of its proceedings by deterring misconduct by those who appear before it in antidumping duty (AD) and countervailing duty (CVD) proceedings. The Department is requesting comments on the proposed rule as discussed in more detail below.

EPA is finalizing a limited approval of a revision to the State Implementation Plan (SIP) for Missouri, submitted by the Missouri Department of Natural Resources on August 5, 2009, and supplemented on January 30, 2012, that addresses Regional Haze for the first implementation period. Specifically, these revisions address the requirements of the Clean Air Act (CAA or Act) and EPA's rules that required States to prevent any future and remedy any existing anthropogenic impairment of visibility in Class I Areas (national parks and wilderness areas) caused by emissions of air pollutants located over a wide geographic area (also known as the ``regional haze'' program). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA proposed to approve these revisions on February 28, 2012 (77 FR 11958). In a separate rulemaking action, EPA finalized the limited disapproval of Missouri's regional haze SIP and imposed a Federal Implementation Plan (FIP) for Missouri on June 7, 2012. 77 FR 33642.

The Coast Guard will enforce various special local regulations for annual regattas and marine parades in the Captain of the Port Detroit zone from 9 a.m. on June 22, 2012 through 6 p.m. on July 29, 2012. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after regattas or marine parades. Enforcement of these special local regulations rule will establish restrictions upon, and control movement of, vessels in specified areas immediately prior to, during, and immediately after regattas or marine parades. During the enforcement periods, no person or vessel may enter the regulated areas without permission of the Captain of the Port.

The Coast Guard is establishing a special local regulation on Tawas Bay, Michigan. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after the East Tawas Offshore Gran Prix boat race. This special local regulation will establish restrictions upon, and control movement of, vessels in a portion of Tawas Bay. During the enforcement period, no person or vessel may enter the regulated area without permission of the Captain of the Port.

We are revising an earlier proposed airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, - 900, and -900ER series airplanes. That NPRM proposed to require repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. That NPRM was prompted by a report of an in-service occurrence of total loss of boost pump pressure of the fuel feed system, followed by loss of fuel system suction feed capability on one engine, and in-flight shutdown of the engine. This action revises that NPRM by proposing to require repetitive operational tests, and other related testing and corrective action if necessary. We are proposing this supplemental NPRM to detect and correct loss of the engine fuel suction feed capability of the fuel system, which in the event of total loss of the fuel boost pumps could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. Since these actions impose an additional burden over that proposed in the previous NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

The Federal Labor Relations Authority (the FLRA) is engaged in an initiative to make electronic filing, or ``eFiling,'' available to parties in all cases before the FLRA. Making eFiling available to its parties is another way in which the FLRA is using technology to improve the customer-service experience. EFiling also is expected to increase efficiencies by reducing procedural filing errors and resulting processing delays.

We propose to adopt a new airworthiness directive (AD) for certain The Cessna Aircraft Company Model 750 airplanes. This proposed AD was prompted by reports of direct current (DC) generator overvoltage events. This proposed AD would require replacing the auxiliary power unit (APU) generator control unit (GCU). We are proposing this AD to prevent DC generator overvoltage events, which could result in subsequent smoke in the cockpit and loss of avionics and electrical systems.

These proposed regulations provide guidance regarding the coordination of the rules for determining high-taxed income with capital gains adjustments and the allocation and recapture of overall foreign losses and overall domestic losses, as well as the coordination of the recapture of overall foreign losses on certain dispositions of property and other rules concerning overall foreign losses and overall domestic losses. These regulations affect individuals and corporations claiming foreign tax credits.

This proposed rule would add reporting for pork (fresh, chilled, and frozen box/primal cuts) and distillers dried grain (DDG) to the Export Sales Reporting Requirements. Under this proposed rule, all exporters of U.S. pork and DDG would be required to report on a weekly basis, information on the export sales of pork and DDG to the Foreign Agricultural Service (FAS).

This document contains final and temporary regulations relating to disregarded entities (including qualified subchapter S subsidiaries) and the indoor tanning services excise tax. These regulations affect disregarded entities responsible for collecting the indoor tanning services excise tax and owners of those disregarded entities. The text of these temporary regulations serves as the text of proposed regulations (REG-125570-11) published in the Proposed Rules section in this issue of the Federal Register.

The Department of Veterans Affairs (VA) proposes to amend its regulations governing eligibility for Veterans' Group Life Insurance (VGLI) to extend to 240 days the current 120-day ``no-health'' period during which veterans can apply for VGLI without proving that they are in good health for insurance purposes. The purpose of this proposed rule is to increase the opportunities for disabled veterans to enroll in VGLI, some of who would not qualify for VGLI coverage under existing provisions.

The United States International Trade Commission (Commission) is adopting as a final rule, with changes to correct three typographical errors, the interim rule amending its Rules of Practice and Procedure (Rules) that was published on January 26, 2012. The rule concerns the conduct of safeguard investigations under statutory provisions that implement bilateral safeguard provisions in free trade agreements that the United States has negotiated with Australia, Bahrain, Chile, Colombia, the Dominican Republic and five Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua), Jordan, Korea, Morocco, Oman, Panama, Peru, and Singapore. With the exception of the free trade agreement with Panama, all of the aforementioned free trade agreements have entered into force. The free trade agreement with Panama is expected to enter into force imminently. The interim rule amended and expanded upon rules previously in effect that pertained to the conduct of bilateral safeguard investigations under the North American Free Trade Agreement (NAFTA) Implementation Act with respect to imports from Canada and Mexico.

Pursuant to Executive Order 13579, ``Regulation and Independent Regulatory Agencies,'' issued July 11, 2011, the NTSB is announcing it is undertaking a review of all NTSB regulations. The purpose of Executive Order 13579 is to ensure all agencies adhere to the key principles found in Executive Order 13563, ''Improving Regulation and Regulatory Review,'' issued January 18, 2011, which include promoting public participation in rulemaking, improving integration and innovation, promoting flexibility and freedom of choice, and ensuring scientific integrity during the rulemaking process in order to create a regulatory system that protects public health, welfare, safety, and the environment while promoting economic growth, innovation, competitiveness, and job creation. The NTSB is committed to ensuring its regulations remain updated and comply with these principles, and in accordance with Executive Order 13579, will review all NTSB regulations to ensure adherence to the principles. This notice describes the plan of review the NTSB will undertake.

We are adopting a new airworthiness directive (AD) that supersedes an existing Emergency Airworthiness Directive (EAD) for certain Eurocopter Deutschland GmbH (ECD) Model EC135 helicopters. The existing EAD, which was previously sent to all known U.S. owners and operators of ECD Model EC135 helicopters and not made generally effective by publication in the Federal Register, currently requires inspecting the ring frame between the rear structure tube (tailboom) and the tail rotor fenestron housing (fenestron housing) for a crack before the first flight of each day and replacing any cracked ring frame with an airworthy ring frame. Since we issued that EAD, we have determined that a pre-flight pilot check in conjunction with a recurring 25-hour inspection is sufficient for determining the airworthiness of the ring frame. Additionally, ECD has developed a modification that is terminating action for the requirements of that EAD. This superseding AD revises the inspection requirements of the EAD to allow an owner/operator to perform the pre-flight pilot check, adds a recurring inspection of the ring frame, and allows for installation of a ring frame reinforcement as an optional terminating action for the AD requirements. The actions are intended to detect a crack in the ring frame which could result in loss of the fenestron structure and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for certain BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ airplanes. This AD was prompted by a report of a crack found on the left-hand sidewall well on the nose landing gear (NLG). This AD requires performing a repetitive high frequency eddy current inspection of the stiffeners on the left-hand sidewall on the NLG bay for cracks, and repair or replace the sidewall if necessary. We are issuing this AD to detect and correct failure of the sidewall, which could result in consequent in-flight rapid decompression of the cabin and injury to the passengers.

We are superseding an existing airworthiness directive (AD) for certain Dassault Aviation Model FALCON 7X airplanes. That AD currently requires revising the Abnormal Procedures and Limitations sections of the Dassault F7X Airplane Flight Manual. This new AD requires a test of the power distribution control units (PDCU) cards and generator control units (GCU) cards to detect faulty components, and if any faulty components are found, replacing any affected PDCU or GCU card. This AD was prompted by a determination that additional actions are necessary to address the identified unsafe condition. We are issuing this AD to detect and correct a leakage failure mode of transient voltage suppression (TVS) diodes used on PDCU cards or GCU cards in the primary power distribution boxes (PPDB), which, in combination with other system failures, could lead to loss of controllability of the airplane.

EPA is proposing to approve a portion of a State Implementation Plan (SIP) revision submitted on April 29, 2010, by the State of South Carolina, through the Department of Health and Environmental Control (SC DHEC), to meet the emissions statements requirement for the York County portion of the bi-state Charlotte- Gastonia-Rock Hill, North Carolina-South Carolina 1997 8-hour ozone nonattainment area. The Charlotte-Gastonia-Rock Hill, North Carolina- South Carolina 1997 8-hour ozone nonattainment area is comprised of Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, Union and a portion of Iredell (Davidson and Coddle Creek Townships) Counties in North Carolina; and a portion of York County (i.e., the boundary for the Rock Hill-Fort Mill Area Transportation Study) in South Carolina. EPA is addressing the emissions statements requirement for the North Carolina portion of this Area in a separate action. This proposed action is being taken pursuant to section 110 and section 182 of the Clean Air Act.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted by reports of cracking of certain fuel access panels of the outer wing. This AD requires an external inspection, and if necessary an internal inspection, to determine if certain fuel access panels are installed, and replacement if necessary; optional repetitive inspections for cracking of the fuel access panels, and replacement if necessary, would defer the internal inspection; and eventual replacement of affected fuel access panels with new panels. We are issuing this AD to prevent cracking of fuel access panels, which could result in arcing and ignition of fuel vapor in the outer wing fuel tank during a lightning strike.

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.

We are adopting a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model AB139 and AW139 helicopters with a certain generator control unit (GCU), to require replacing each affected GCU with an airworthy GCU. This AD was prompted by laboratory tests which revealed a potential fault in the overvoltage protection on a certain part-numbered GCU. The actions are intended to prevent failure of the overvoltage protection of the GCU, degraded performance of the electrical power generation and distribution systems, a fire, and subsequent loss of control of the helicopter.