June 2012 – Federal Register Recent Federal Regulation Documents

The Coast Guard has issued a temporary deviation from the operating regulation that governs the Isleton Drawbridge across Sacramento River, mile 18.7, at Isleton, CA. The deviation is necessary to allow California Department of Transportation to paint and perform routine maintenance on the drawbridge. This deviation allows single leaf operation of the double leaf bascule style drawbridge during the project.

EPA is proposing to disapprove a State Implementation Plan (SIP) revision submitted by the State of Utah on December 10, 1999. This revision to R307-202 Emission Standards: General Burning authorizes the State to extend the time period for open burning. EPA is proposing to disapprove the submitted revision because it does not meet the requirements of section 110(l) of the Clean Air Act (CAA). This action is being taken under section 110 of the CAA.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the approximately 74,900-acre ``Elkton Oregon'' viticultural area in Douglas County, Oregon. The proposed viticultural area lies totally within the Umpqua Valley viticultural area and the multi-county Southern Oregon 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.

The Coast Guard is establishing a safety zone upon specified waters of the Potomac River. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from a floating platform located within the National Harbor Access Channel at Oxon Hill in Prince Georges County, Maryland. This safety zone is intended to protect the maritime public in a portion of the Potomac River.

The Commission seeks public comment on two amendments to its ``Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles'' (``Alternative Fuels Rule'' or ``Rule''). Specifically, the proposed amendments consolidate the FTC's alternative fueled vehicle (AFV) labels with new fuel economy labels required by the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) and eliminate FTC requirements for used AFV labels.

We are adopting a new airworthiness directive (AD) for Bell Helicopter Textron Canada (Bell) Model 206, 206A, 206A-1, 206B, 206B-1, 206L, 206L-1, 206L-3, and 206L-4 helicopters, with Aviation Specialties Unlimited, Inc. (ASU), Night Vision Imaging System (NVIS) lighting modified by Supplemental Type Certificate SR01383SE (STC). This AD requires determining the date of STC installation, determining if the aircraft has an unfiltered turbine outlet temperature (TOT) internal over-temperature warning light, and based on those findings, installing an NVIS filter. This AD was prompted by the finding that an unfiltered TOT indicator over-temperature warning light, when illuminated, created glare and reflections that could degrade the pilot's view while using night vision goggles thereby creating an unsafe condition. The actions of this AD are intended to modify any unfiltered TOT indicator unit over-temperature warning light by installing a filter to prevent degradation of the pilot's vision while using night vision goggles and to prevent subsequent loss of control of the helicopter.

We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on the October 12, 2011, proposed designation of critical habitat for the coqu[iacute] llanero (Eleutherodactylus juanariveroi) (a tree frog) under the Endangered Species Act of 1973, as amended (Act). We are reopening the comment period to allow all interested parties an opportunity to comment on the proposed rule, our evaluation of the potential economic impacts of the proposed designation, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

The EPA is taking final action to determine that the Houston/ Galveston/Brazoria (HGB) area did not attain the 1-hour ozone national ambient air quality standard (NAAQS) by its applicable attainment date, November 15, 2007. This determination is based on three years of complete, quality-assured and certified ambient air quality monitoring data for the period preceding the applicable attainment deadline.

As part of the President's Export Control Reform (ECR) Initiative, this proposed rule, and a separate proposed rule from the Department of State, Directorate of Defense Trade Controls, being published in conjunction with this document, sets forth, as much as possible, a common definition of the term ``specially designed'' for use in the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). The term ``specially designed'' is used widely in the Commerce Control List (CCL) and would play an important role in the ``600 series'' that the Bureau of Industry and Security (BIS) has proposed to create to control less sensitive defense articles transferred from the United States Munitions List (USML) to the Commerce Control List (CCL). The revisions in this rule are part of Commerce's retrospective plan under EO 13563 completed in August 2011. Commerce's full plan can be accessed at: https:// open.commerce.gov/news/2011/08/23/commerce-plan-retrospective -analysis- existing-rules.

As part of the President's Export Control Reform (ECR) Initiative, the Directorate of Defense Trade Controls (DDTC) seeks public comment on the proposed definition of ``specially designed'' to be adopted in the International Traffic in Arms Regulations (ITAR). This proposed rule is published concurrently with the Department of Commerce's proposed revision to the definition of ``specially designed'' in the Export Administration Regulations (EAR). The revisions contained in this rule are part of the Department of State's retrospective plan under E.O. 13563 completed on August 17, 2011. The Department of State's full plan can be accessed at https:// www.state.gov/documents/organization/181028.pdf.

We, the U.S. Fish and Wildlife Service (Service), designate revised critical habitat for the Pacific Coast distinct population segment (DPS) (Pacific Coast WSP) of the western snowy plover (Charadrius nivosus nivosus, formerly C. alexandrinus nivosus) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 24,527 acres (9,926 hectares) of critical habitat for the Pacific Coast WSP in Washington, Oregon, and California, fall within the boundaries of the critical habitat designation. This revised final designation constitutes an increase of approximately 12,377 ac (5,009 ha) from the 2005 designation of critical habitat for the Pacific Coast WSP. A taxonomic name change has occurred and been accepted for the snowy plover. Throughout the remainder of this document, we will use the currently recognized name for the subspecies, Charadrius nivosus nivosus, to which the listed entity (Pacific Coast WSP) belongs for references to the Pacific Coast WSP.

In this document, the Commission finds it in the public interest to allow the viewability rule to sunset as scheduled. The Commission reinterprets the statutory viewability requirement to permit cable operators to require the use of set-top equipment to view must- carry signals, provided that such equipment is both available and affordable (or provided at no cost). The Commission establishes a transitional period of six months after expiration of the current rule during which hybrid systems will be required to continue to carry the signals of must-carry stations in analog format to all analog cable subscribers. The Commission also concludes that the small-system HD carriage exemption continues to serve the public interest and extends the existing exemption for three more years.

The Architectural and Transportation Barriers Compliance Board (Access Board) proposes to amend the Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA) Accessibility Guidelines to specifically address emergency transportable housing units that are provided by the Federal Emergency Management Agency or other entities on a temporary site in response to an emergency need for temporary housing. The proposed amendments seek to ensure that newly constructed and altered emergency transportable housing units covered by the ADA or ABA are readily accessible to and usable by individuals with disabilities. Other federal agencies are required to issue enforceable accessibility standards for the construction and alteration of facilities covered by the ADA or ABA that are consistent with the ADA and ABA Accessibility Guidelines. When the other federal agencies amend their accessibility standards to be consistent with the proposed amendments to the ADA and ABA Accessibility Guidelines, newly constructed and altered emergency transportable housing units covered by the ADA or ABA would be required to comply with the accessibility standards as amended.

We propose to adopt a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -145MP, and - 145EP airplanes. This proposed AD was prompted by a report of a lightning strike hitting an airplane tail boom causing certain rear bulkhead parts to jam an elevator control rod. This proposed AD would require installing or reworking, as applicable, metallic diverters and aluminum sheets; modifying the lights assembly on the tail boom rear movable fairing; and replacing the hood assembly with a new hood assembly and rerouting its electrical harness. We are proposing this AD to prevent lightning strikes from causing certain parts to contact the airplane pitch control system, which could reduce airplane controllability.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This proposed AD was prompted by a report of an inboard main landing gear (MLG) door assembly departure due to premature fatigue cracking in the inboard MLG door hinge fittings. This proposed AD would require repetitive inspections for cracking of the inboard MLG door hinge fittings; and modification of cracked fittings, which would terminate the repetitive inspections. We are proposing this AD to detect and correct fatigue cracking in the inboard MLG door hinge fittings which could result in loss of the MLG door assembly from the airplane; loss of the MLG door assembly could impact the flight control surfaces and result in reduced controllability of the airplane.

We propose to adopt a new airworthiness directive (AD) for Eurocopter France EC130B4 helicopters. This proposed AD is prompted by an in-flight cracking and failure of a center windscreen. The proposed actions are intended to detect a crack in the blending radii of the center windscreen to prevent failure of the windscreen, injury to the flight crew, and subsequent loss of control of the helicopter.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A330-200 freighter series airplanes, Model A330- 200 and -300 series airplanes, and Model A340-200, -300, -500, and -600 series airplanes. This proposed AD was prompted by reports of the ram air turbine (RAT) not deploying when tested. This proposed AD would require identification of the supplier, part number, and serial number of the installed RAT actuator, and re-identification of the actuator and RAT, or replacement of the RAT actuator with a serviceable unit and re-identification of the RAT, if necessary. We are proposing this AD to prevent non-deployment of the RAT, which if occurred following a total engine flame-out, or during a total loss of normal electrical power generation, could result in reduced control of the airplane.

This document withdraws a notice of proposed rulemaking relating to financial asset securitization trusts (FASITs). The FASIT provisions (sections 860H through 860L) of the Internal Revenue Code (Code) were repealed by Public Law 108-357, effective January 1, 2005, with a limited exception for existing FASITs.

The FTC announces revised monetary thresholds for three exemptions from the Franchise Rule. FTC is required to adjust the size of the monetary thresholds every fourth year based upon the Consumer Price Index for all urban consumers published by the Department of Labor.

This document contains temporary regulations that provide guidance on the estate and gift tax applicable exclusion amount, in general, as well as on the applicable requirements for electing portability of a deceased spousal unused exclusion (DSUE) amount to the surviving spouse and on the applicable rules for the surviving spouse's use of this DSUE amount. The statutory provisions underlying the portability rules were enacted as part of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. The portability rules affect married spouses where the death of the first spouse to die occurs on or after January 1, 2011. The text of the temporary regulations also serves as the text of proposed regulations set forth in the notice of proposed rulemaking on this subject appearing elsewhere in this issue of the Federal Register.

EPA is amending the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations by extending the submission deadline for 2012 reports from June 30, 2012 to August 13, 2012. This is a one-time extension for the 2012 submission period only. The CDR regulations require manufacturers and importers of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report current data on the manufacturing, processing, and use of the chemical substances.

EPA is finalizing four separate and independent determinations related to the New York-Northern New Jersey-Long Island (NY-NJ-CT) one- hour and 1997 eight-hour ozone nonattainment areas. The boundaries of the one-hour and eight-hour ozone nonattainment areas differ slightly. With respect to the NY-NJ-CT one-hour nonattainment area, EPA is determining that the area previously failed to attain the one-hour ozone National Ambient Air Quality Standard (NAAQS) by its applicable attainment deadline of November 15, 2007 (based on complete, quality- assured and certified ozone monitoring data for 2005-2007), and EPA is also determining that the area is currently attaining the now revoked one-hour ozone standard based on complete, quality-assured and certified ozone monitoring data for 2008-2010. Quality-assured ozone monitoring data in the Air Quality System for 2011 indicate the area continues to attain the revoked one-hour ozone standard. With respect to the NY-NJ-CT 1997 eight-hour ozone nonattainment area, EPA is determining that the area attained the 1997 eight-hour ozone standard by the applicable deadline, June 15, 2010, based on complete, quality-assured and certified ozone monitoring data for 2007-2009. EPA is also determining that the area is currently attaining the 1997 eight-hour ozone standard based on complete, quality-assured and certified ozone monitoring data for 2008-2010. Quality-assured ozone monitoring data for 2011 indicate that the area continues to attain the 1997 eight-hour ozone standard. EPA's ozone implementation regulation for the 1997 eight-hour ozone standard provides that the requirements for the States to submit certain reasonable further progress plans, attainment demonstrations, contingency measures and any other planning requirements of the Clean Air Act related to attainment of that ozone standard shall be suspended for as long as the area continues to attain the standard. A determination of attainment does not constitute a redesignation to attainment. Redesignation requires the states to meet a number of additional criteria, including EPA approval of a state plan to maintain the air quality standard for ten years after redesignation.

We are superseding an existing airworthiness directive (AD) for Enstrom Helicopter Corporation (Enstrom) Model F-28C, F-28C-2, F- 28F, 280C, 280F, 280FX, TH-28, 480, and 480B helicopters to add another trim relay to the applicability and to revise the modification instructions. This AD is prompted by the discovery that another part- numbered trim relay, inadvertently omitted from the current AD, may contain the same unsafe condition. These actions are intended to prevent failure of the cyclic trim system and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 717-200 airplanes. This AD was prompted by reports of cracks found on the center section ribs of the horizontal stabilizers. This AD requires repetitive inspections for cracking of the aft face of the left and right rib hinge bearing lugs of the center section of the horizontal stabilizer; and crack measurement, repairs, post-repair repetitive inspections, and installation of a new center section rib if necessary. We are issuing this AD to detect and correct cracking in the left and right bearing lugs of the rib hinge spreading at the same time, which could result in failure of both hinge bearing lugs. Failure of the hinge bearing lugs could result in the inability of the horizontal stabilizer to sustain flight loads and thereby reduce the controllability of the airplane.