August 2, 2012 – Federal Register Recent Federal Regulation Documents

The Commerce Control List
Document Number: 2012-18967
Type: Rule
Date: 2012-08-02
Agency: Department of Commerce, Bureau of Industry and Security
Proposed Amendment of Class E Airspace; Lincoln, ME
Document Number: 2012-18926
Type: Proposed Rule
Date: 2012-08-02
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E Airspace at Lincoln, ME, as the Lincoln Non-Directional Radio Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures have been developed at Lincoln Regional Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Main Hawaiian Islands Deep 7 Bottomfish Annual Catch Limits and Accountability Measures for 2012-13
Document Number: 2012-18920
Type: Proposed Rule
Date: 2012-08-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to specify a quota (annual catch target) of 325,000 lb of Deep 7 bottomfish in the main Hawaiian Islands for the 2012-13 fishing year, based on a proposed annual catch limit of 346,000 lb. When the quota is projected to be reached, NMFS would close the commercial and non-commercial fisheries for MHI Deep 7 bottomfish for the remainder of the fishing year. The proposed specifications and fishery closure support the long-term sustainability of Hawaii bottomfish.
Proposed Amendment of Class E Airspace; Ontonagon, MI
Document Number: 2012-18919
Type: Proposed Rule
Date: 2012-08-02
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Ontonagon, MI. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Ontonagon County- Schuster Field Airport. Also, this action would rename the airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.
Proposed Amendment of Class E Airspace; Anthony, KS
Document Number: 2012-18917
Type: Proposed Rule
Date: 2012-08-02
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Anthony, KS. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Anthony Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.
Proposed Amendment of Class E Airspace; Guthrie, IA
Document Number: 2012-18916
Type: Proposed Rule
Date: 2012-08-02
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Guthrie, IA. Decommissioning of the Guthrie Center non-directional radio beacon (NDB) at Guthrie County Regional Airport, Guthrie, IA, has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport. Geographic coordinates of the airport would also be adjusted.
Final Priorities and Definitions; State Personnel Development Grants
Document Number: 2012-18907
Type: Rule
Date: 2012-08-02
Agency: Department of Education
The Assistant Secretary for Special Education and Rehabilitative Services announces two priorities for State Personnel Development Grants (SPDGs): Effective and Efficient Delivery of Professional Development (Priority 1) and Targeting Teachers' Professional Development Needs Based on Student Growth (Priority 2). The Assistant Secretary may use one or more of these priorities for competitions in fiscal year (FY) 2012 and later years. The Assistant Secretary also announces definitions applicable to this program and these priorities. We take this action to assist State educational agencies (SEAs) to make their systems of professional development more effective and efficient by providing evidence-based and ongoing professional development that uses technology to support the implementation of evidence-based practices and to assist local educational agencies (LEAs) in providing professional development targeted to meet the specific needs of teachers identified by teacher evaluation systems that take into account student growth as a significant factor in determining performance levels. We intend to use these priorities to improve educational services and outcomes for children with disabilities.
Self Reporting of Out-of-State Convictions
Document Number: 2012-18902
Type: Proposed Rule
Date: 2012-08-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Current regulations require both commercial driver's license (CDL) holders and States with certified CDL programs to report a CDL holder's out-of-State traffic conviction to the driver's State of licensure. FMCSA proposes to reduce the impact of this reporting redundancy by providing that if a State in which the conviction occurs has a certified CDL program in substantial compliance with FMCSA's regulations, then an individual CDL holder convicted in that State is considered to be in compliance with his/her out-of-State traffic conviction reporting obligations because the State where the conviction occurred will report the violation to the CDL holder's State of licensure. This proposed change would reduce a regulatory burden on both individuals and States.
Approval and Promulgation of Air Quality Implementation Plans; Illinois; Indiana; Michigan; Minnesota; Ohio; Wisconsin; Infrastructure SIP Requirements for the 2006 PM2.5
Document Number: 2012-18880
Type: Proposed Rule
Date: 2012-08-02
Agency: Environmental Protection Agency
EPA is proposing to approve some elements, and disapprove other elements, of State Implementation Plan (SIP) submissions by Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin regarding the infrastructure requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA) for the 2006 24-hour fine particle national ambient air quality standards (2006 PM2.5 NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. EPA is also proposing to approve portions of a submittal from Indiana addressing EPA's requirements for its new source review (NSR) and prevention of significant deterioration (PSD) program.
National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units: Notice of Partial Stay
Document Number: 2012-18871
Type: Rule
Date: 2012-08-02
Agency: Environmental Protection Agency
This action stays the effectiveness of national new source emission standards for hazardous air pollutants from coal- and oil- fired electric utility steam generating units issued pursuant to Clean Air Act section 112 that were published in the Federal Register on February 16, 2012 (77 FR 9304).
Regulated Navigation Area; Buzzard's Bay, MA; Navigable Waterways Within the First Coast Guard District
Document Number: 2012-18832
Type: Proposed Rule
Date: 2012-08-02
Agency: Coast Guard, Department of Homeland Security
The Coast Guard announces the availability of a draft Environmental Assessment (EA) considering the reasonably foreseeable environmental impacts and socioeconomic effects of implementing a Regulated Navigation Area in Buzzard's Bay, MA. We request your comments on the draft EA.
Anchorage Regulations; Great Chebeague Island, ME
Document Number: 2012-18825
Type: Proposed Rule
Date: 2012-08-02
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish six special anchorage areas in the vicinity of Great Chebeague Island, Maine. This proposed action is necessary to facilitate safe navigation in that area and provide safe and secure anchorages for vessels not more than 20 meters in length. This action is intended to increase the safety of life and property surrounding Great Chebeague Island, improve the safety of anchored vessels, and provide for the overall safe and efficient flow of vessel traffic and commerce.
National Organic Program; Amendments to the National List of Allowed and Prohibited Substances (Crops, Livestock and Processing)
Document Number: 2012-18819
Type: Rule
Date: 2012-08-02
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule amends the U.S. Department of Agriculture's (USDA's) National List of Allowed and Prohibited Substances (National List) to enact recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on October 28, 2010, and April 29, 2011. This final rule amends the annotation for tetracycline for use in organic crop production and adds two substances: formic acid and attapulgite, along with any restrictive annotations, for use in organic livestock production and organic processing, respectively.
Approval and Promulgation of Implementation Plans; Tennessee 110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards
Document Number: 2012-18797
Type: Rule
Date: 2012-08-02
Agency: Environmental Protection Agency
EPA is taking final action to approve in part, and conditionally approve in part, the State Implementation Plan (SIP) submission, submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), as demonstrating that the State meets the SIP requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or the Act) for the 1997 annual and 2006 24- hour 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 EPA, which is commonly referred to as an ``infrastructure'' SIP. Tennessee certified that the Tennessee SIP contains provisions that ensure the 1997 annual and 2006 24-hour PM2 NAAQS are implemented, enforced, and maintained in Tennessee (hereafter referred to as ``infrastructure submission''). With the exception of element 110(a)(2)(E)(ii), which pertains to the requirements of section 128(a)(1) of the CAA, Tennessee's infrastructure submissions, provided to EPA on December 14, 2007, and October 19, 2009, addresses all the required infrastructure elements for the 1997 annual and 2006 24-hour PM2 NAAQS.
Approval and Promulgation of State Implementation Plans: Idaho; Boise-Northern Ada County Air Quality Maintenance Area Second 10-Year Carbon Monoxide Maintenance Plan
Document Number: 2012-18787
Type: Rule
Date: 2012-08-02
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the State of Idaho (the State). The Idaho State Department of Environmental Quality (IDEQ) submitted the Northern Ada County Air Quality Maintenance Area Second 10-year Carbon Monoxide Maintenance Plan on February 10, 2011. In accordance with the requirements of the Federal Clean Air Act (the Act), EPA is approving the revision because the State adequately demonstrates that the Boise-Northern Ada County Air Quality Maintenance Area will maintain air quality standards for carbon monoxide (CO) through the year 2022.
Approval and Promulgation of State Implementation Plans: Idaho; Boise-Northern Ada County Air Quality Maintenance Area; Second 10-Year Carbon Monoxide Maintenance Plan
Document Number: 2012-18786
Type: Proposed Rule
Date: 2012-08-02
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Idaho (the State). The Idaho State Department of Environmental Quality (IDEQ) submitted the Northern Ada County Air Quality Maintenance Area Second 10-year Carbon Monoxide Maintenance Plan on February 10, 2011. In accordance with the requirements of the Federal Clean Air Act (the Act), EPA is proposing to approve the revision because the State adequately demonstrates that the Boise-Northern Ada County Air Quality Maintenance Area will maintain air quality standards for carbon monoxide (CO) through the year 2022.
Approval and Promulgation of Implementation Plans; Kentucky; Louisville; Fine Particulate Matter 2002 Base Year Emissions Inventory
Document Number: 2012-18784
Type: Rule
Date: 2012-08-02
Agency: Environmental Protection Agency
EPA is taking final action to approve the 1997 annual fine particulate matter (PM2.5) 2002 base year emissions inventory portion of the State Implementation Plan (SIP) revision submitted by the Commonwealth of Kentucky on December 3, 2008. The emissions inventory is part of Kentucky's December 3, 2008, attainment demonstration SIP revision that was submitted to meet the nonattainment requirements related to the Commonwealth's portion of the bi-state Louisville, Kentucky-Indiana nonattainment area for the 1997 annual PM2.5 national ambient air quality standards (NAAQS), hereafter referred to as ``the bi-state Louisville Area'' or ``Area.'' The bi-state Louisville Area is comprised of Clark and Floyd Counties in Indiana, in their entireties; the Madison Township portion of Jefferson County, Indiana; and Bullitt and Jefferson Counties in Kentucky, in their entireties. This final action only relates to the Kentucky portion (i.e., Bullitt and Jefferson Counties) of this Area. This action is being taken pursuant to section 110 of the Clean Air Act (CAA or Act).
Implementation of Device Registration and Listing Requirements Enacted in the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, the Medical Device User Fee and Modernization Act of 2002, and Title II of the Food and Drug Administration Amendments Act of 2007
Document Number: 2012-18764
Type: Rule
Date: 2012-08-02
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending its regulations to reflect recent statutory amendments to the device registration and listing provisions of the Federal Food, Drug, and Cosmetic Act (FD&C Act). The Food and Drug Administration Amendments Act of 2007 (FDAAA), enacted on September 27, 2007, amended the FD&C Act by requiring domestic and foreign device establishments to begin submitting their registration and device listing information to FDA by electronic means rather than on paper forms, and also specified the timeframes when establishments are required to submit such information. In addition, this final rule would facilitate FDA's collection of additional registration information from foreign establishments as required by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Bioterrorism Act). The final rule will update certain provisions in the regulations to improve the quality of registration and listing information available to FDA. FDA relies on having complete and accurate registration and listing information in order to accomplish a number of important public health objectives.
Financial Market Utilities
Document Number: 2012-18762
Type: Rule
Date: 2012-08-02
Agency: Federal Reserve System, Agencies and Commissions
The Board is publishing a final rule, Regulation HH, Designated Financial Market Utilities. This rule implements provisions of sections 805(a) and 806(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'' or ``Act''), including risk-management standards for financial market utilities (``FMUs'') that are designated as systemically important by the Financial Stability Oversight Council (the ``Council'') and standards for determining when a designated FMU is required to provide advance notice of proposed changes to its rules, procedures, or operations that could materially affect the nature or level of risks presented by the designated FMU.
Determination of Attainment for the Paul Spur/Douglas PM10
Document Number: 2012-18666
Type: Rule
Date: 2012-08-02
Agency: Environmental Protection Agency
EPA is finalizing a determination that the Paul Spur/Douglas nonattainment area in Arizona is currently attaining the National Ambient Air Quality Standard (NAAQS) for particulate matter with an aerodynamic diameter of less than or equal to a nominal ten micrometers (PM10) based on certified, quality-assured ambient air monitoring data for the years 2009-2011. Given our determination that the Paul Spur/Douglas nonattainment area is currently attaining the PM10 NAAQS, EPA is also determining that Arizona's obligation to make submissions to meet certain Clean Air Act requirements related to attainment of the NAAQS is not applicable for as long as the Paul Spur/Douglas nonattainment area continues to attain the NAAQS and that the obligation on EPA to promulgate a Federal Implementation Plan to address the State's attainment-related requirements is also suspended for as long as Arizona's underlying obligation is suspended.
Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Tennessee: Knoxville; Determination of Attaining Data for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standards
Document Number: 2012-18663
Type: Rule
Date: 2012-08-02
Agency: Environmental Protection Agency
EPA is making two determinations, one regarding the Knoxville, Tennessee, 1997 annual fine particulate (PM2.5) nonattainment area and one regarding the Knoxville-Sevierville-La Follette, Tennessee, 2006 24-hour PM2.5 nonattainment area (both areas have the same geographic boundary and will hereafter be collectively referred to as the ``Knoxville Area'' or ``Area''). First, EPA is determining that the Area has attained the 1997 annual PM2.5 National Ambient Air Quality Standards (NAAQS or ``standard''). Second, EPA is determining that the Area has attained the 2006 24-hour PM2.5 NAAQS. These determinations of attaining data are based upon quality-assured and certified ambient air monitoring data for the 2009-2011 period, showing that the Area has monitored attainment of the 1997 annual PM2.5 NAAQS and 2006 24-hour PM2.5 NAAQS. The requirements for the Area to submit an attainment demonstration and associated reasonably available control measures (RACM), reasonable further progress (RFP) plans, contingency measures, and other planning State Implementation Plan (SIP) revisions related to attainment of the standards shall be suspended so long as the Area continues to attain the respective PM2.5 NAAQS.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Eastland Woolen Mill Superfund Site
Document Number: 2012-18660
Type: Rule
Date: 2012-08-02
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 1 is publishing a direct final Notice of Partial Deletion for portions of the Eastland Woolen Mill Superfund Site (Site), located in Corinna, Maine, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final partial deletion is being published by EPA with the concurrence of the State of Maine, through the Maine Department of Environmental Protection, because EPA has determined that all appropriate response actions at these identified parcels under CERCLA, other than five-year reviews, have been completed. However, this partial deletion does not preclude future actions under Superfund. This partial deletion pertains to all Site media (soil and groundwater) of the properties proposed for deletion.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Eastland Woolen Mill Superfund Site
Document Number: 2012-18659
Type: Proposed Rule
Date: 2012-08-02
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 1 is issuing a Notice of Intent to Delete the following properties at the Eastland Woolen Mill Superfund Site (Site) located in Corinna, Maine, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Maine, through the Maine Department of Environmental Protection, have determined that all appropriate response actions at these identified parcels under CERCLA, other than and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. This partial deletion pertains to all Site media (including soil and groundwater).
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Preconstruction Requirements-Prevention of Significant Deterioration and Nonattainment New Source Review
Document Number: 2012-18656
Type: Rule
Date: 2012-08-02
Agency: Environmental Protection Agency
EPA is approving several revisions to the Maryland State Implementation Plan (SIP) submitted by the Maryland Department of the Environment (MDE). These revisions pertain to preconstruction requirements under the Prevention of Significant Deterioration (PSD) and non-attainment New Source Review (NSR) programs. The SIP revisions satisfy the following required SIP elements: NSR Reform, oxides of nitrogen (NOX) as a precursor to ozone, PM2.5, and Greenhouse Gases (GHGs). Additionally, EPA is approving, as a separate action, Maryland's submittals for purposes of meeting the infrastructure requirements of the Clean Air Act (CAA) which relate to Maryland's PSD permitting program and are necessary to implement, maintain, and enforce the 1997 8-hour ozone and PM2.5 National Ambient Air Quality Standards (NAAQS) and the 2006 PM2.5 NAAQS. This action is being taken under the CAA.
Airworthiness Directives; Piper Aircraft, Inc. Airplanes
Document Number: 2012-18618
Type: Proposed Rule
Date: 2012-08-02
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Piper Aircraft, Inc. (type certificate previously held by The New Piper Aircraft Inc.) PA-28, PA-32, PA-34, and PA-44 airplanes. This proposed AD was prompted by reports of control cable assembly failures that may lead to failure of the horizontal stabilator control system and could result in loss of pitch control. This proposed AD would require inspections of the stabilator control system and replacement of parts as necessary. We are proposing this AD to correct the unsafe condition on these products.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2012-18588
Type: Proposed Rule
Date: 2012-08-02
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This proposed AD was prompted by cases of on-ground failure of the screw cap or end cap of hydraulic accumulators on other airplane models, resulting in high-energy impact damage to adjacent systems and structure. This proposed AD would require inspecting for a part number and replacing the affected parking brake hydraulic accumulator, and relocating the parking brake accumulator, on the subject airplanes. We are proposing this AD to prevent failure of the screw caps and/or end caps of the parking brake hydraulic accumulator, which could result in damage to the airplane's primary structures, with potential adverse effect on the airplane's controllability.
Alaskan Fuel Hauling as a Restricted Category Special Purpose Flight Operation
Document Number: 2012-18557
Type: Rule
Date: 2012-08-02
Agency: Federal Aviation Administration, Department of Transportation
This notice of policy announces Alaskan fuel hauling as a restricted category special purpose operation under Title 14 of the Code of Federal Regulations (14 CFR) 21.25(b)(7), for aircraft type-certificated under 14 CFR 21.25(a)(1), for operations within the State of Alaska, to provide bulk fuel to isolated individuals or locations in the State of Alaska.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2012-18521
Type: Rule
Date: 2012-08-02
Agency: Federal Aviation Administration, Department of Transportation
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.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2012-18516
Type: Rule
Date: 2012-08-02
Agency: Federal Aviation Administration, Department of Transportation
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.
Endangered and Threatened Wildlife and Plants; Revising the Special Rule for the Utah Prairie Dog
Document Number: 2012-18284
Type: Rule
Date: 2012-08-02
Agency: Fish and Wildlife Service, Department of the Interior
Under the Endangered Species Act of 1973, as amended (ESA), we, the U.S. Fish and Wildlife Service (Service/USFWS), revise our special regulations for the conservation of the Utah prairie dog. We are revising our special regulations to provide limits to the allowable take, including limits to where permitted take can occuragricultural lands, properties within 0.8 kilometers (km) (0.5 miles (mi)) of conservation lands, and areas where Utah prairie dogs cause serious human safety hazards or disturb the sanctity of significant human cultural or human burial sites; the amount of take that can be permitted; methods of take that can be permitted; and seasonal limitations on direct lethal take. We are also allowing entities other than the Utah Division of Wildlife Resources to permit take. We are also issuing new incidental take exemptions for otherwise legal activities associated with standard agricultural practices. All other provisions of the special rule not relating to these amendments remain unchanged.
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