August 9, 2012 – Federal Register Recent Federal Regulation Documents

This document cancels a public hearing on proposed regulations under sections 4375 through 4377 of the Internal Revenue Code. The proposed regulations provide guidance on the fees imposed by the Patient Protection and Affordable Care Act on issuers of certain health insurance policies and plan sponsors of certain self-insured health plans to fund the Patient-Centered Outcomes Research Trust Fund.

This document corrects an error in the regulatory language of a final rule pertaining to Clean Data determinations for the State of New Jersey published June 18, 2012. The action announced our approval of 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. This action corrects erroneous paragraph designations in the June 18, 2012 final rule.

EPA is proposing to approve in part, and disapprove in part, a draft revision to the Mississippi State Implementation Plan (SIP), submitted by the Mississippi Department of Environmental Quality (MDEQ), on July 13, 2012, for parallel processing. This proposal pertains to certain Clean Air Act (CAA) section 128 and section 110(a)(2)(E)(ii) requirements for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS) infrastructure SIP. 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. The requirements of section 128 of the CAA are incorporated into the State's infrastructure SIP pursuant to section 110(a)(2)(E)(ii). EPA is proposing to approve the section 110(a)(2)(E)(ii) submission as it relates to the public interest requirements of section 128(a)(1) and the conflict of interest disclosure provisions of section 128(a)(2). EPA is proposing to disapprove Mississippi's section 110(a)(2)(E)(ii) submission as it pertains to compliance with the significant portion of income requirements of section 128(a)(1). The subject of this notice is limited to the July 13, 2012, infrastructure section 110(a)(2)(E)(ii) and substantive section 128 SIP revisions submitted by Mississippi. All other applicable Mississippi infrastructure elements are being addressed in a separate rulemaking.

We are revising an earlier proposed airworthiness directive (AD) for certain The Boeing Company Model 767 airplanes. That NPRM proposed to require drilling a drain hole in the flanged tubes for certain elevator control cable aft pressure seals; doing repetitive inspections for dirt, loose particles, or blockage of the flanged tube and drain hole for the pressure seals, and corrective action if necessary; replacing the aft air-intake duct assembly with a new or modified assembly and installing a dripshield; and installing gutters on the horizontal stabilizer center section and modifying the side brace fittings. That NPRM was prompted by reports of stiff operation of the elevator pitch control system and jammed elevator controls. This action revises that NPRM by proposing to require replacement of pressure seal assemblies, rather than the proposed drilling of drain holes; revising a certain compliance time and inspection type; adding certain optional actions; and revising the applicability. We are proposing this supplemental NPRM to prevent moisture from collecting and freezing on the elevator control system components, which could limit the ability of the flightcrew to make elevator control inputs and result in reduced controllability 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.

We propose to adopt a new airworthiness directive (AD) for certain Hawker Beechcraft Corporation Model C90GTi (King Air) airplanes. This proposed AD was prompted by reports of incorrect gauge wires used in certain wiring bundles for the cockpit electrical power for backlighting and instrument panel components. This proposed AD would require replacing incorrect gauge wires in certain electrical power wiring bundles, inspecting associated wiring bundles and components for heat damage, and taking all necessary corrective actions. We are proposing this AD to correct the unsafe condition on these products.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Route 35 Bridge across Cheesequake Creek, mile 0.0, at South Amboy, New Jersey. The deviation allows the bridge to remain in the closed position from December through March to facilitate bridge rehabilitation construction.

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

The Coast Guard is establishing a temporary safety zone for all waters of the Lower Mississippi River, extending the entire width of the river from Mile Marker (MM) 291.0 to MM 295.0. This safety zone is needed to protect vessel traffic from the safety hazards associated with dredging operations being conducted in the area by the Army Corps of Engineers. When vessels are allowed by the Captain of the Port (COTP), entry into this zone is restricted to one way traffic unless authorized by the (COTP) New Orleans or a designated representative. Any full closures will be announced via Broadcast Notice to Mariners.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list desert massasauga (Sistrurus catenatus edwardsii), a rattlesnake found in the southwestern United States, as endangered or threatened under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing desert massasauga may be warranted. We will initiate a review of the status of this subspecies to determine if listing is warranted. We are requesting scientific and commercial data and other information regarding this subspecies. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted as provided in section 4(b)(3)(B) of the Act.

Federal law requires that classification societies conducting certain work in the United States be approved by the Coast Guard. In this rule, we finalize application procedures and performance standards that classification societies must meet in order to obtain approval by the Coast Guard. Through this final rule, we seek to improve marine safety and environmental protection by assuring the consistency and quality of work conducted by classification societies that review, examine, survey, or certify the construction, repair, or alteration of a vessel in the United States.

This regulation establishes tolerances for residues of paraquat dichloride (hereafter in this document referred to solely as paraquat) in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is proposing to approve revisions to the Mojave Desert Air Quality Management District (MDAQMD), Northern Sierra Air Quality Management District (NSAQMD), Sacramento Metropolitan Air Quality Management District (SMAQMD) and San Diego County Air Pollution Control District (SDCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from automotive parts and component, automobile refinishing, metal parts and products, and miscellaneous coating and refinishing operations. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is proposing to approve revisions to the Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan (SIP). This revision concerns the definition of volatile organic compounds (VOC). We are approving a local rule that helps regulate VOCs under the Clean Air Act, as amended (CAA or the Act).

The United States International Trade Commission (Commission) seeks comments from the public as to Commission rules that might be suitable for modification or elimination.

This action amends our regulations to provide for the issuance of an investigation completion letter if the Agency will not recommend the commencement of an enforcement proceeding against a respondent.

The National Indian Gaming Commission (NIGC or Commission) is amending its regulation to allow reduced scope background investigations for specific types of entities with a financial interest in, or having management responsibility for, a management contract, and to update the forms of payment that may be accepted by the NIGC for background investigation fees.