July 31, 2012 – Federal Register Recent Federal Regulation Documents

Drawbridge Operation Regulations; Gallants Channel, Beaufort, NC
Document Number: 2012-18700
Type: Rule
Date: 2012-07-31
Agency: Coast Guard, Department of Homeland Security
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the US 70 (Grayden Paul) Bridge, at mile 0.1, over Gallants Channel, at Beaufort, NC. The deviation restricts the operation of the draw span and is necessary to accommodate the Neuse River Keeper Foundation Sprint Triathlon.
Petition for Rulemaking To Adopt Revised Competitive Switching Rules
Document Number: 2012-18687
Type: Proposed Rule
Date: 2012-07-31
Agency: Surface Transportation Board, Department of Transportation
The Surface Transportation Board (the Board) is commencing a proceeding to consider a proposal submitted by The National Industrial Transportation League (NITL) to increase rail-to-rail competition. The Board is seeking empirical evidence about the impact of the proposal, if it were to be adopted. Specifically, the Board is seeking public input on the proposal's impact on rail shippers' rates and service, including shippers that would not benefit under NITL's proposal; the proposal's impact on the rail industry, including its financial condition and network efficiencies; along with methodologies for the access price that would be used in conjunction with competitive switching.
Establishment of the Osage Negotiated Rulemaking Committee
Document Number: 2012-18674
Type: Proposed Rule
Date: 2012-07-31
Agency: Department of the Interior, Bureau of Indian Affairs
On June 18, 2012, the Department published a notice of intent to establish the Osage Negotiated Rulemaking Committee (Committee). The Committee will develop specific recommendations to address future management and administration of the Osage Mineral Estate, including potential revisions to the regulations governing leasing of Osage Reservation lands for oil and gas mining at 25 CFR part 226. This notice establishes the Committee, and announces a public meeting of the Committee.
Atlantic Highly Migratory Species; North and South Atlantic Swordfish Quotas and Management Measures
Document Number: 2012-18672
Type: Rule
Date: 2012-07-31
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final rule implements the International Commission for the Conservation of Atlantic Tunas (Commission) Recommendation 11-02, which maintains the U.S. North Atlantic swordfish base quota allocation, reduces the annual underharvest carryover from 50 to 25 percent of the base quota, establishes an quota transfer to Morocco for 2012 and 2013, and includes an alternative swordfish minimum size of 25-inches cleithrum to caudal keel (CK). This final rule also implements Recommendation 09-03 for South Atlantic swordfish. It also allows fishermen to remove the bill of the swordfish while still meeting the ``head-naturally-attached'' requirement for measuring swordfish using the lower jaw fork length minimum size, modifies and clarifies regulations regarding swordfish fishery season closures and the North Atlantic swordfish quota reserve category, and adjusts the North and South Atlantic swordfish quotas for the 2012 fishing year to account for 2011 underharvests and landings. This final rule could affect commercial and recreational fishermen who are fishing for swordfish in the Atlantic Ocean, including the Caribbean Sea and Gulf of Mexico.
Final Flood Elevation Determinations
Document Number: 2012-18668
Type: Rule
Date: 2012-07-31
Agency: Federal Emergency Management Agency, Department of Homeland Security
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).
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Bottlenose Dolphin Take Reduction Plan
Document Number: 2012-18667
Type: Rule
Date: 2012-07-31
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service (NMFS) issues this final rule amending the Bottlenose Dolphin Take Reduction Plan (BDTRP) and its implementing regulations by permanently continuing nighttime fishing restrictions of medium mesh gillnets operating in North Carolina coastal state waters from November 1 through April 30. Members of the Bottlenose Dolphin Take Reduction Team (Team) recommended these regulations be continued permanently, without modification, to ensure that BDTRP goals are met through continued conservation of strategic bottlenose dolphin stocks in North Carolina, which have historically high serious injury and mortality rates associated with medium mesh gillnets. NMFS also amends the BDTRP with updates, including updates recommended by the Team for non-regulatory conservation measures.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 32 Supplement
Document Number: 2012-18665
Type: Rule
Date: 2012-07-31
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this supplement to the regulations that implemented management measures described in Amendment 32 to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Amendment 32) prepared by the Gulf of Mexico Fishery Management Council (Council). After the February 10, 2012, publication of the final rule for Amendment 32, NMFS identified inconsistencies in the regulatory text regarding the quotas and annual catch limits (ACLs) for ``other shallow-water grouper'' (Other SWG) that needed correction. This final rule revises the regulatory text regarding the quotas and ACLs for Other SWG. In addition, this final rule implements some minor revisions to the regulatory text to improve the clarity of the regulations.
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Prevention of Significant Deterioration
Document Number: 2012-18664
Type: Proposed Rule
Date: 2012-07-31
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the West Virginia State Implementation Plan (SIP), submitted by the West Virginia Department of Environmental Protection (WVDEP) on August 31, 2011. These revisions pertaining to West Virginia's Prevention of Significant Deterioration (PSD) program incorporate preconstruction permitting regulations for fine particulate matter (PM2.5) and Greenhouse Gases (GHGs) into the West Virginia SIP. In addition, EPA is proposing to approve these revisions and portions of other related submissions for the purpose of determining that West Virginia has met its statutory obligations with respect to the infrastructure requirements of the Clean Air Act (CAA) which relate to West Virginia's PSD permitting program and are necessary to implement, maintain, and enforce the 1997 PM2.5 and ozone National Ambient Air Quality Standards (NAAQS), the 2006 PM2.5 NAAQS, and the 2008 lead and ozone NAAQS. EPA is proposing to approve these revisions in accordance with the requirements of the CAA.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; The 2002 Base Year Inventory
Document Number: 2012-18657
Type: Proposed Rule
Date: 2012-07-31
Agency: Environmental Protection Agency
EPA is proposing to approve the fine particulate matter (PM2.5) 2002 base year emissions inventory portion of the Virginia State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia, through the Virginia Department of Environmental Quality (VDEQ), on April 4, 2008. The emissions inventory is part of the Virginia April 4, 2008 SIP revision that was submitted to meet nonattainment requirements related to Virginia's portion of the Washington DC-MD-VA nonattainment area (hereafter referred to as Virginia Area or Area) for the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS) SIP. EPA is proposing to approve the 2002 base year PM2.5 emissions inventory in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Implementation Plans; Mississippi; 110(a)(2)(G) Infrastructure Requirement for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards
Document Number: 2012-18653
Type: Proposed Rule
Date: 2012-07-31
Agency: Environmental Protection Agency
EPA is proposing to approve, through parallel processing, a draft revision to the Mississippi State Implementation Plan (SIP), submitted by the Mississippi Department of Environmental Quality (MDEQ), on July 13, 2012. The draft revisions pertain to Clean Air Act (CAA) section 110(a)(2)(G) for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). Specifically, EPA is proposing to approve Mississippi's December 7, 2007, October 6, 2009, and July 13, 2012, submissions addressing section 110(a)(2)(G), of the CAA for both the 1997 and 2006 PM2.5 NAAQS. Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. MDEQ certified that the Mississippi SIP contains provisions that ensure the 1997 and 2006 PM2.5 NAAQS are implemented, enforced, and maintained in Mississippi (hereafter referred to as ``infrastructure submission''). The subject of this notice is limited to infrastructure element 110(a)(2)(G). All other applicable Mississippi infrastructure elements are being addressed in a separate rulemaking.
Approval and Promulgation of Air Quality Implementation Plans: Georgia; Control Techniques Guidelines and Reasonably Available Control Technology
Document Number: 2012-18649
Type: Proposed Rule
Date: 2012-07-31
Agency: Environmental Protection Agency
EPA is proposing to approve three final and one draft State Implementation Plan (SIP) revisions submitted by the State of Georgia, through the Georgia Environmental Protection Division (GA EPD), to EPA on November 13, 1992, October 21, 2009, March 19, 2012, and July 19, 2012 (draft SIP revision). With regard only to the July 19, 2012, SIP submission, EPA is also proposing, in the alternative, to conditionally approve that revision which relates to certain control techniques guidelines (CTG) categories. Together, these four revisions establish reasonably available control technology (RACT) requirements for the major sources located in the Atlanta, Georgia 1997 8-hour ozone nonattainment area (hereafter referred to as the ``Atlanta Area'') that either emit volatile organic compounds (VOC), nitrogen oxides (NOx), or both. Georgia's SIP revisions include certain VOC source categories for which EPA has issued CTG. EPA has evaluated the proposed revisions to Georgia's SIP, and has made the preliminary determination that they are consistent with statutory and regulatory requirements and EPA guidance.
Proposed Modification of Class B Airspace Area; Philadelphia, PA
Document Number: 2012-18644
Type: Proposed Rule
Date: 2012-07-31
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify the Philadelphia, PA, Class B airspace area to ensure the containment of large turbine-powered aircraft within Class B airspace, reduce controller workload, and reduce the potential for midair collision in the Philadelphia terminal area.
NRC Position on the Relationship Between General Design Criteria and Technical Specification Operability
Document Number: 2012-18639
Type: Proposed Rule
Date: 2012-07-31
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is holding a public meeting to discuss a draft regulatory issue summary (RIS) that clarifies the NRC staff's position on the relationship between the general design criteria (GDC) for nuclear power plants and technical specification operability. In addition, the draft RIS clarifies the process for addressing nonconformances with GDC as incorporated into a plant's current licensing basis. The NRC is also seeking public comment on the draft RIS.
Children's Toys and Child Care Articles Containing Phthalates; Proposed Guidance on Inaccessible Component Parts
Document Number: 2012-18620
Type: Proposed Rule
Date: 2012-07-31
Agency: Consumer Product Safety Commission, Agencies and Commissions
On August 14, 2008, Congress enacted the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314. Section 108 of the CPSIA, as amended by Public Law 112-28, provides that the prohibition on specified products containing phthalates does not apply to any component part of children's toys or child care articles that is not accessible to a child through normal and reasonably foreseeable use and abuse of such product. In this document, the Consumer Product Safety Commission (CPSC or Commission) proposes guidance on inaccessible component parts in children's toys or child care articles subject to section 108 of the CPSIA.
Domestic Mail Manual; Incorporation by Reference
Document Number: 2012-18590
Type: Rule
Date: 2012-07-31
Agency: Postal Service, Agencies and Commissions
The Postal Service announces the issuance of the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) dated June 24, 2012, and its incorporation by reference in the Code of Federal Regulations.
Airworthiness Directives; Bombardier, Inc.
Document Number: 2012-18585
Type: Proposed Rule
Date: 2012-07-31
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-1A11 (CL-600), CL-600-2A12 (CL- 601), CL-600-2B16 (CL-601-3A, CL-601-3R, & CL-604 Variants) airplanes. This proposed AD was prompted by reports of cracking found on the upper and lower web of the engine support beam. This proposed AD would require revising the maintenance program. We are proposing this AD to detect and correct fatigue cracking of the engine support beam, which could result in failure of the engine support beam and affect the structural integrity of the airplane.
Definition of Troubled Condition
Document Number: 2012-18560
Type: Proposed Rule
Date: 2012-07-31
Agency: National Credit Union Administration, Agencies and Commissions
NCUA proposes to amend the definition of ``troubled condition'' as that term appears in Sec. 701.14 and elsewhere in NCUA's regulations. Generally, under the current definition, only a state supervisory authority (SSA) may declare a federally insured, state-chartered credit union (FISCU) to be in ``troubled condition.'' The proposal expands the definition to permit either NCUA or an SSA to declare a FISCU to be in ``troubled condition.''
Implementation of Statute of Limitations Provisions for Office Disciplinary Proceedings
Document Number: 2012-18554
Type: Rule
Date: 2012-07-31
Agency: Department of Commerce, United States Patent and Trademark Office
The Leahy-Smith America Invents Act (AIA) requires that disciplinary proceedings before the United States Patent and Trademark Office (Office or USPTO) be commenced not later than the earlier of either the date that is 10 years after the date on which the misconduct forming the basis of the proceeding occurred, or one year from the date on which the misconduct forming the basis of the proceeding was made known to an officer or employee of the Office, as prescribed in the regulations governing disciplinary proceedings. The Office is adopting procedural rules which: Specify that a disciplinary complaint shall be filed within one year after the date on which the Office of Enrollment and Discipline (OED) Director receives a grievance forming the basis of the complaint, and in no event more than ten years after the date on which the misconduct forming the basis for the proceeding occurred; define grievance as a written submission from any source received by the OED Director that presents possible grounds for discipline of a specified practitioner; and clarify that the one-year time frame for filing a complaint may be tolled by written agreement. The Office will evaluate these procedures in the future to determine their effectiveness. If the new one-year time frame proves to be administratively unworkable or impedes the effectiveness of the disciplinary process, the Office may issue a new notice of proposed rulemaking.
Establishment of Class E Airspace; Quakertown, PA
Document Number: 2012-18542
Type: Rule
Date: 2012-07-31
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E Airspace at Quakertown, PA, to accommodate the new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Quakertown Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System.
Establishment of Class E Airspace; Apopka, FL
Document Number: 2012-18540
Type: Rule
Date: 2012-07-31
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E Airspace at Apopka, FL, to accommodate the new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Orlando Apopka Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System.
Amendment of Class E Airspace; Bar Harbor, ME
Document Number: 2012-18539
Type: Rule
Date: 2012-07-31
Agency: Federal Aviation Administration, Department of Transportation
This action amends the Class E airspace area at Bar Harbor, ME, as the Surry Non-Directional Radio Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures have been developed at Hancock County-Bar Harbor Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System. This action also makes a minor adjustment to the geographic coordinates of the airport.
Establishment of Class E Airspace; Arcadia, FL
Document Number: 2012-18528
Type: Rule
Date: 2012-07-31
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E Airspace at Arcadia, FL, to accommodate the new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Arcadia Municipal Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System.
Amendment of Class E Airspace; Montgomery, AL
Document Number: 2012-18522
Type: Rule
Date: 2012-07-31
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E Airspace in the Montgomery, AL area, by recognizing the name change of Prattville-Grouby Field Airport, formerly called Autauga Airport, and adjusts the geographic coordinates. This action does not change the boundaries or operating requirements of the airspace.
Approval, Disapproval and Promulgation of Air Quality Implementation Plans; Arizona; Regional Haze State and Federal Implementation Plans
Document Number: 2012-18520
Type: Proposed Rule
Date: 2012-07-31
Agency: Environmental Protection Agency
EPA is holding two additional public hearings in Arizona on August 14 and 15, 2012, for the proposed rule, ``Approval, Disapproval and Promulgation of Air Quality Implementation Plans; Arizona; Regional Haze State and Federal Implementation Plans'', published in the Federal Register on July 20, 2012 (77 FR 42833). The two hearings will provide opportunities for public comment in addition to the public hearing already scheduled for July 31, 2012, in Phoenix, Arizona. EPA also is extending the public comment period to September 18, 2012, to provide 60 days of comment after the publication of the proposed rule.
Amendment of Class D and E Airspace; Fort Rucker, AL
Document Number: 2012-18518
Type: Rule
Date: 2012-07-31
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class D and E Airspace at Fort Rucker, AL, by updating the geographic coordinates of Cairns Army Air Field to aid in the navigation of our National Airspace System. This action is necessary for the continued safety and management of instrument flight rules (IFR) operations within the Fort Rucker, AL airspace area.
Revisions to Safety Standards for Durable Infant or Toddler Products: Infant Bath Seats and Full-Size Cribs
Document Number: 2012-18483
Type: Rule
Date: 2012-07-31
Agency: Consumer Product Safety Commission, Agencies and Commissions
In accordance with section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), also known as the Danny Keysar Child Product Safety Notification Act, the U.S. Consumer Product Safety Commission (Commission, CPSC, or we) has published consumer product safety standards for numerous durable infant or toddler products, including infant bath seats and full-size cribs. These standards incorporated by reference the ASTM voluntary standards associated with those products, with some modifications. In August 2011, Congress enacted Public Law 112-28, which sets forth a process for updating standards that the Commission has issued under the authority of section 104(b) of the CPSIA. In accordance with that process, we are publishing this direct final rule, revising the CPSC's standards for infant bath seats and full-size cribs to incorporate by reference more recent versions of the applicable ASTM standards. Because the changes to the ASTM standards make them essentially identical to the standards that the CPSC has issued previously, no changes to the products are required. We also received notification from ASTM of an updated ASTM standard for toddler beds. However, the Commission is not accepting the revised ASTM standard for toddler beds, and therefore, the CPSC standard for toddler beds will remain as it currently is stated at 16 CFR part 1217.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Wisconsin; Redesignation of the Milwaukee-Racine Area to Attainment for 1997 8-Hour Ozone Standard
Document Number: 2012-18091
Type: Rule
Date: 2012-07-31
Agency: Environmental Protection Agency
EPA is approving a request from the Wisconsin Department of Natural Resources (WDNR) to redesignate the Milwaukee-Racine area to attainment for the 1997 8-hour National Ambient Air Quality Standard (NAAQS or standard). The Milwaukee-Racine area includes Milwaukee, Ozaukee, Racine, Washington, Waukesha, and Kenosha Counties. WDNR submitted this request on September 11, 2009, and supplemented the submittal on November 16, 2011. These submittals also requested the redesignation of the Sheboygan area (Sheboygan County) to attainment for the 1997 8-hour ozone NAAQS. EPA proposed to approve the redesignation of both areas on February 9, 2012, and provided a 30-day review and comment period. EPA received comments submitted on behalf of Sierra Club and Midwest Environmental Defense Center and from the Wisconsin Manufacturers and Commerce. EPA is not taking final action on the Sheboygan redesignation request at this time because preliminary 2012 ozone monitoring data indicate that the area has violated the 1997 standard. In addition to approving the redesignation of the Milwaukee- Racine area, EPA is taking several other related actions. EPA is approving, as a revision to the Wisconsin State Implementation Plan (SIP), the State's plan for maintaining the 1997 8-hour ozone standard through 2022 in the Milwaukee-Racine area. EPA is approving the 2005 emissions inventories for the Milwaukee-Racine and Sheboygan areas as meeting the comprehensive emissions inventory requirement of the Clean Air Act (CAA or Act). Finally, EPA finds adequate and is approving the State's 2015 and 2022 Motor Vehicle Emission Budgets (MVEBs) for the Milwaukee-Racine area.
Homeless Emergency Assistance and Rapid Transition to Housing: Continuum of Care Program
Document Number: 2012-17546
Type: Rule
Date: 2012-07-31
Agency: Department of Housing and Urban Development
The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), enacted into law on May 20, 2009, consolidates three of the separate homeless assistance programs administered by HUD under the McKinney-Vento Homeless Assistance Act into a single grant program, and revises the Emergency Shelter Grants program and renames it the Emergency Solutions Grants program. The HEARTH Act also codifies in law the Continuum of Care planning process, a longstanding part of HUD's application process to assist homeless persons by providing greater coordination in responding to their needs. The HEARTH Act also directs HUD to promulgate regulations for these new programs and processes. This interim rule focuses on regulatory implementation of the Continuum of Care program, including the Continuum of Care planning process. The existing homeless assistance programs that comprise the Continuum of Care program are the following: the Supportive Housing program, the Shelter Plus Care program, and the Moderate Rehabilitation/Single Room Occupancy (SRO) program. This rule establishes the regulations for the Continuum of Care program, and, through the establishment of such regulations, the funding made available for the Continuum of Care program in the statute appropriating Fiscal Year (FY) 2012 funding for HUD can more quickly be disbursed, consistent with the HEARTH Act requirements, and avoid any disruption in current Continuum of Care activities.
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