July 2012 – Federal Register Recent Federal Regulation Documents

The General Services Administration, Office of Governmentwide Policy, is providing notification of the release of the core competencies and recommended curriculum for Federal personnel involved in facilties operations and management.

Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC69997 from SWEPI LP, for lands in Huerfano County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

Pursuant to the authority in section 1(ii) of Executive Order 13382, ``Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters,'' the State Department, in consultation with the Secretary of the Treasury and the Attorney General, has determined that the Center for Innovation and Technology Cooperation (CITC), Pentane Chemistry Industries (PCI), and Hossein Tanideh, have engaged, or attempted to engage, in activities or transactions that have materially contributed to, or pose a risk of materially contributing to, the proliferation of weapons of mass destruction or their means of delivery (including missiles capable of delivering such weapons), including any efforts to manufacture, acquire, possess, develop, transport, transfer, or use such items, by any person or foreign country of proliferation concern.

The EPA (also, ``the Agency'' or ``we'') is amending an existing exclusion to reflect changes in ownership and name for the ConocoPhillips Billings, Montana Refinery. Today's amendment documents these changes.

EPA is proposing to approve most elements of submittals from the States of Connecticut, Maine, Massachusetts, and New Hampshire. We are also proposing to conditionally approve certain elements of these submittals, as well as disapprove a few elements of Massachusetts' submittals. The submittals outline how each state's State Implementation Plan (SIP) meets the requirements of section 110(a) of the Clean Air Act (CAA) for both the 1997 and 2006 fine particulate matter (PM2.5) national ambient air quality standards (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 the EPA. This SIP is commonly referred to as an infrastructure SIP. These actions are being taken under the Clean Air Act.

The Export-Import Bank of the United States (hereafter known as ``Ex-Im Bank'') published in the Federal Register of July 17, 2012, a final rule to exempt portions of a system of records from one or more provisions of the Privacy Act. This document corrects an inaccurate amendatory instruction.

The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding City Wings, Inc. d/b/a Seaflight fit, willing, and able, and awarding it Commuter Air Carrier Authorization.

American Honda Motor Co., Inc. (Honda), has determined that certain 2008 and 2009 model year Honda Civic Si model passenger cars when equipped with dealer accessory 18-inch diameter wheels do not fully comply with paragraph S4.2(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. Honda filed an appropriate report dated December 3, 2008, pursuant to 49 CFR part 573 Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR Part 556, Honda has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. Notice of receipt of the petition was published, with a 30-day public comment period, on May 12, 2009 in the Federal Register (74 FR 22202). No comments were received. To view the petition, and supporting documents log onto the Federal Docket Management System (FDMS) Web site at: https:// www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2009-0084.'' For further information on this decision contact Mr. John Finneran, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202)366-0645, facsimile (202) 366-5930. Vehicles involved: The exact number of vehicles involved is not known. However, a total of approximately 952 wheels, or 238 complete wheel sets, were sold to Honda dealerships by Honda between July, 2006 and September, 2008. These wheel sets were sold with a replacement tire pressure placard in accordance with FMVSS No. 110, indicating a tire inflation pressure of 250 kPa (36 PSI) for 215/40RZ18 tires having a load capacity rating of 85Y. Noncompliance: Honda explains that the noncompliance occurred because the recommended electronic method of updating the TPMS inflation pressure settings to accommodate proper installation of the subject optional wheel sets incorrectly informed technicians that the adjustments had been completed successfully. The result is that the TPMS inflation pressure warning threshold remains at the standard setting for the original equipment 17-inch wheels of not less than 175 kPa (25 PSI) for the standard recommended tire pressure of 230 kPa (33 PSI). The minimum allowable TPMS threshold for the 18-inch accessory wheels should be 190 kPa (27 PSI), based on the recommended pressure of 250 kPa (36 PSI) as indicated on the replacement tire pressure placard. As a result, the low tire pressure warning telltale required by S4.2(a) will not illuminate at the 27 PSI minimum allowable TPMS threshold necessitated by installation of the dealer accessory wheels and tires.

The Forest Service will prepare an environmental impact statement (EIS) on a proposal to implement restoration activities, including vegetation management, road and trail management, and watershed improvement activities within the Monture, Dunham, Shanley, Cottonwood and Spring Creek drainages, Lolo National Forest, Seeley Lake Ranger District, Powell County, Montana. This EIS will tier to the Lolo National Forest Plan Final EIS (April 1986).

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species, marine mammals, or both. With some exceptions, the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) prohibit activities with listed species unless Federal authorization is acquired that allows such activities.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region 2, of a proposed Administrative Settlement Agreement (``Agreement'') pursuant to Section 122(h)(1) of CERCLA, and the inherent settlement authority of the United States with NL Industries, Inc. (the ``Settling Party''). Settling Party is a potentially responsible party, pursuant to Section 107(a) of CERCLA, and thus is potentially liable for response costs incurred or to be incurred at or in connection with the Jewett White Lead Company Superfund Site (``Site''), located on Staten Island, Richmond County, New York. Based upon Settling Party's commitment to provide this funding to EPA, as set forth in the Agreement, EPA intends to perform or finance this removal action. Within 10 days after the effective date, Settling Party agrees to pay to EPA $1,374,000. Thereafter, Settling Party shall pay an additional $176,000 six months after the effective date of the Agreement. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the proposed Agreement.

The Glen Canyon Dam Adaptive Management Work Group (AMWG) makes recommendations to the Secretary of the Interior concerning Glen Canyon Dam operations and other management actions to protect resources downstream of Glen Canyon Dam, consistent with the Grand Canyon Protection Act. The AMWG meets two to three times a year.

The General Services Administration (GSA), Federal Acquisition Service (FAS) intends to institute a Demand Based Model (DBM) designed to assess and improve the performance of the Multiple Award Schedule (MAS) contracts operated by GSA. GSA is proposing this operational change to enhance the performance of and modernize the MAS program in three key program areas: Small business viability, operational efficiency, and cost control. The DBM will realign suppliers under the MAS program with current Federal marketplace demands. This will result in directing suppliers, including small businesses, to where government procurement needs are; thereby having a supplier base more focused on providing innovative solutions to address the procurement needs of the government, especially under these current fiscal challenges. Operational efficiencies and cost control thus realized will restore and maintain the MAS program's value to Federal agencies as a streamlined acquisition vehicle through reduction in duplicative contracts, better contract administration support by GSA as well as other increased levels of customer support from GSA. Additionally, DBM is intended to benefit participating members of industry, including small businesses, by improving processing time for awards, modifications and contract options, and improving supplier relationship management. Implementing the DBM will allow GSA and suppliers to focus on the ongoing modernization of the Schedules aimed at adding innovative solutions, improving pricing and simplifying the buying experience.

The U.S. Department of Energy (DOE or Department) will hold a public meeting to discuss and receive comments on the following: the equipment classes DOE plans to analyze for the purpose of amending energy conservation standards for certain commercial and industrial electric motors under section 342(b) of the Energy Policy and Conservation Act (EPCA), as amended; the analytical framework, models, and tools that DOE plans to use to evaluate standards for this type of equipment; the results of preliminary analyses performed by DOE for this equipment; and the potential energy conservation standard levels derived from these analyses, which DOE may consider for this equipment. DOE also encourages interested parties to submit written comments on these subjects. To inform interested parties and facilitate the public meeting and comment process, DOE has prepared an agenda, a preliminary technical support document (TSD), and briefing materials, which are available at: https://www1.eere.energy.gov/buildings/appliance standards/commercial/electricmotors.html

The EIA is soliciting comments on the proposed reinstatement, and three-year approval to the Form GC-859, ``Nuclear Fuel Data Survey'' (previously designated as the Form RW-859, ``Nuclear Fuel Data Survey'') that EIA is developing for submission to the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1995. The Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) required that the DOE enter into Standard Contracts with all generators or owners of spent nuclear fuel and high-level radioactive waste of domestic origin in 1983. This data collection evolved from an Appendix to this Standard Contract. Appendix B to the Standard Contract required that spent nuclear fuel discharge, storage, and projection information be collected annually. The annual version of the Form RW-859 survey was collected for the survey years from 1983 through 1995. Due to budgetary constraints, the survey was collected periodically for survey years 1998 and 2002, covering multi-year periods. The survey containing data as of December 31, 2002 was collected during 2003 and is the most recent data on spent nuclear fuel discharges and storage available within DOE. Lack of funding resulted in the form being discontinued in 2009. With the transfer of certain functions between Offices of the DOE and with the need to collect data for other Offices within DOE, the data collection authorization is now under the auspices of the Office of the General Counsel (GC) and the form will be redesignated as the Form GC-859. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS LEYTE GULF (CG 55) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

OSHA is correcting a direct final rule (DFR) with regard to the construction industry head protection standards to eliminate confusion resulting from a drafting error. OSHA published the DFR on June 22, 2012 (77 FR 37587). OSHA also is publishing a correction to the proposed rule that it published the same day in the Federal Register (77 FR 37617).

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning Payments. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Federal Acquisition Regulations (FAR), and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

These special conditions are issued for the Tamarack Aerospace Group's modification to the Cirrus SR22 airplane. This airplane as modified by Tamarack will have a novel or unusual design feature(s) associated with Tamarack Aerospace Group's modification. The design change will install winglets and an Active Technology Load Alleviation system (ATLAS). The addition of the ATLAS mitigates the negative effects of the winglets by effectively aerodynamically turning off the winglet under limit gust and maneuver loads. This is accomplished by measuring the aircraft loading and moving a small aileron-like device called a Tamarack Active Control Surface (TACS). The TACS movement reduces lift at the tip of the wing, resulting in the wing center of pressure moving inboard, thus reducing bending stresses along the wing span. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

This notice announces the second meeting of the Advisory Committee for Aviation Consumer Protection.

The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by City of Philadelphia under the provisions of 49 U.S.C. 47501 et seq. (formerly the Aviation Safety and Noise Abatement Act, hereinafter referred to as ``the Act'') and 14 Code of Federal Regulations (CFR) Part 150 (hereinafter referred to as ``Part 150''). On June 1, 2010, the FAA determined that the noise exposure maps submitted by City of Philadelphia under Part 150 were in compliance with applicable requirements. On July 13, 2012, the FAA approved the Philadelphia International Airport noise compatibility program. Most of the recommendations of the program were approved.

The CFTC announces that on Thursday, July 26, 2012, the CFTC's Technology Advisory Committee (``TAC'') will hold an emergency public meeting at the CFTC's Washington, DC headquarters, from 10:00 a.m. to 4:00 p.m. The TAC will focus on possible technology solutions to, among other things, enable futures commission merchant customers, self- regulatory organizations and the CFTC to verify in near real-time the accuracy of the amount of funds held in customer segregated accounts.