August 21, 2012 – Federal Register Recent Federal Regulation Documents

Proposed Amendment of Class E Airspace; Pullman, WA
Document Number: 2012-20543
Type: Proposed Rule
Date: 2012-08-21
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify Class E airspace at Pullman/ Moscow Regional Airport, Pullman, WA. Controlled airspace is necessary to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Pullman/Moscow Regional Airport, Pullman, WA. Also, the Pullman navigation aid would be removed from the airspace designation. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.
Proposed Amendment of Class D and Class E Airspace; Lewiston, ID
Document Number: 2012-20536
Type: Proposed Rule
Date: 2012-08-21
Agency: Federal Aviation Administration, Department of Transportation
The FAA is issuing a SNPRM for the notice of proposed rulemaking (NPRM) of June 4, 2012, in order to elicit comments addressing increasing further the controlled Class E airspace area at Lewiston-Nez Perce County Airport, Lewiston, ID. The NPRM proposed a modification of Class D airspace, and Class E airspace extending upward from 700 feet above the surface and 1,200 feet above the surface, and an adjustment to the geographic coordinates. This SNPRM would further enlarge the Class E airspace 1,200 feet above the surface area to enhance safety in the Lewiston-Nez Pearce County Airport, Lewiston, ID area.
Electronic Fund Transfers; Intent To Make Determination of Effect on State Laws (Maine and Tennessee)
Document Number: 2012-20531
Type: Proposed Rule
Date: 2012-08-21
Agency: Bureau of Consumer Financial Protection
The Bureau of Consumer Financial Protection (Bureau) is publishing notice of its intent to consider and address requests received to determine whether certain provisions in the laws of Maine and Tennessee relating to unclaimed gift cards are inconsistent with and preempted by the requirements of the Electronic Fund Transfer Act and Regulation E.
Fisheries of the Exclusive Economic Zone Off Alaska; “Other Rockfish” in the Central Regulatory Area of the Gulf of Alaska
Document Number: 2012-20511
Type: Rule
Date: 2012-08-21
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting retention of ``other rockfish'' in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2012 total allowable catch of ``other rockfish'' in the Central Regulatory Area of the GOA has been reached.
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2012-2013 Accountability Measure and Closure for Gulf King Mackerel in Western Zone
Document Number: 2012-20510
Type: Rule
Date: 2012-08-21
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS implements an accountability measure (AM) for commercial king mackerel in the western zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary final rule. NMFS has determined that the commercial annual catch limit (ACL) (equal to the commercial quota) for king mackerel in the western zone of the Gulf EEZ will have been reached by August 22, 2012. Therefore, NMFS closes the western zone of the Gulf to commercial king mackerel fishing in the EEZ. This closure is necessary to protect the Gulf king mackerel resource.
Clearing Exemption for Swaps Between Certain Affiliated Entities
Document Number: 2012-20508
Type: Proposed Rule
Date: 2012-08-21
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') is proposing a rule to exempt swaps between certain affiliated entities within a corporate group from the clearing requirement (the ``inter-affiliate clearing exemption'' or the ``proposed exemption'') under Section 2(h)(1)(A) of the Commodity Exchange Act (``CEA''). The Commission also is proposing rules that detail specific conditions counterparties must satisfy to elect the proposed inter-affiliate clearing exemption, as well as reporting requirements for affiliated entities that avail themselves of the proposed exemption. The Commission has finalized a rule that addresses swaps that are subject to the end-user exception. Counterparties to inter-affiliate swaps that qualify for the end-user exception would be able to elect to not clear swaps pursuant to the end-user exception or the proposed rule. The proposed rule does not address swaps that an affiliate enters into with a third party that are related to inter- affiliate swaps that are subject to the end-user exception. The Commission intends separately to propose a rule addressing swaps between an affiliate and a third party where the swaps are used to hedge or mitigate commercial risk arising from inter-affiliate swaps for which the end-user exception has been elected.
Safety Zone, Atlantic Intracoastal Waterway; Carolina Beach, NC
Document Number: 2012-20482
Type: Proposed Rule
Date: 2012-08-21
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish a temporary safety zone on the waters of the Atlantic Intracoastal Waterway at Carolina Beach, North Carolina. The safety zone is necessary to provide for the safety of mariners on navigable waters during maintenance on the U.S. 421 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile 295.6, at Carolina Beach, North Carolina. The safety zone will temporarily restrict vessel movement within the designated area starting on December 20, 2012 through October 31, 2013.
Drawbridge Operation Regulation, Atlantic Intracoastal Waterway (AIWW); Wrightsville Beach, NC; Cape Fear and Northeast Cape Fear River; Wilmington, NC
Document Number: 2012-20481
Type: Rule
Date: 2012-08-21
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is modifying the operating schedule that governs three North Carolina Department of Transportation (NCDOT) bridges: The S.R. 74 Bridge, across the AIWW, mile 283.1 at Wrightsville Beach, NC; the Cape Fear Memorial Bridge across the Cape Fear River, mile 26.8; and the Isabel S. Holmes Bridge across the Northeast Cape Fear River, mile 1.0; both in Wilmington, NC. The modification will alter the dates and times these bridges are allowed to remain in the closed position to accommodate the time and route change of the annual YMCA Tri Span 5K & 10K races.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2012-20476
Type: Proposed Rule
Date: 2012-08-21
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD was prompted by a report of an approximate 8-inch crack found in the fuselage skin under the aft drain mast. This proposed AD would require a detailed inspection for cracking and corrosion of the channel and fillers adjacent to the drain mast bolts, an inspection to determine the location of the bonding strap, a measurement of the washers under the drain mast bolts, and related investigative actions and repair if necessary. We are proposing this AD to detect and correct cracking in the fuselage skin and internal support structure, which could result in uncontrolled decompression of the airplane.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2012-20473
Type: Proposed Rule
Date: 2012-08-21
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747- 200B, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes; Model 767-200, -300, -300F, and -400ER series airplanes; and Model 777-200, -200LR, -300, and -300ER series airplanes. This proposed AD was prompted by reports of burned Boeing Material Specification (BMS) 8-39 urethane foam, and a report from the airplane manufacturer that airplanes were assembled with seals throughout various areas of the airplane (including flight deck and cargo compartments) made of BMS 8-39 urethane foam, a material with fire-retardant properties that deteriorate with age. This proposed AD would require replacing seals made of BMS 8-39 urethane foam in certain areas of the airplane. We are proposing this AD to prevent the failure of urethane seals to maintain sufficient Halon concentrations in the cargo compartments to extinguish or contain fire or smoke, and to prevent penetration of fire or smoke in areas of the airplane that are difficult to access for fire and smoke detection or suppression.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2012-20470
Type: Proposed Rule
Date: 2012-08-21
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) that applies to all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The existing AD currently requires repetitive inspections to detect cracking of the lower corners of the door frame and cross beam of the forward cargo door, and corrective actions if necessary. The existing AD also requires eventual modification of the outboard radius of the lower corners of the door frame and reinforcement of the cross beam of the forward cargo door, which would constitute terminating action for the existing repetitive inspections. Since we issued that AD, we have received additional reports of fatigue cracking in the radius of the lower frames and in the lower number 5 cross beam of the forward cargo door. This proposed AD would revise the compliance times for the preventive modification; add certain inspections for cracks in the number 5 cross beam of the forward cargo door; and add inspections of the number 4 cross beam if cracks are found in the number 5 cross beam, and corrective actions if necessary. For certain airplanes, this proposed AD would also add a one-time inspection for airplanes previously modified or repaired, and a one-time inspection of the reinforcement angle for excessive shimming or fastener pull-up, and corrective actions if necessary. We are proposing this AD to prevent fatigue cracking of the lower corners of the door frame and number 5 cross beam of the forward cargo door, which could result in rapid depressurization of the airplane.
Special Local Regulation and Safety Zone; America's Cup World Series Regattas, San Francisco Bay; San Francisco, CA
Document Number: 2012-20465
Type: Rule
Date: 2012-08-21
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has established a special local regulation and a safety zone for sailing events scheduled to occur on the waters of San Francisco Bay adjacent to the City of San Francisco waterfront in the vicinity of the Golden Gate Bridge and Alcatraz Island. This rule will revise the start time for enforcement on August 26, 2012, to 11:30 a.m. instead of noon. This change will protect mariners transiting the area from the dangers associated with the sailing events. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative.
Proposed Provision of Navigation Services for the Next Generation Air Transportation System (NextGen) Transition to Performance-Based Navigation (PBN); Disposition of Comments
Document Number: 2012-20464
Type: Proposed Rule
Date: 2012-08-21
Agency: Federal Aviation Administration, Department of Transportation
On December 15, 2011, the FAA published a Federal Register Notice (76 FR 77939) requesting comments on the FAA's plans for providing PBN services, and particularly the transition from the current Very High Frequency Omnidirectional Ranges (VOR) and other legacy navigation aids (NAVAIDS) to Area Navigation (RNAV)-based airspace and procedures. This action responds to the public comments the FAA received.
Petition for Approval of Alternate Odometer Requirements
Document Number: 2012-20463
Type: Rule
Date: 2012-08-21
Agency: National Highway Traffic Safety Administration, Department of Transportation
The State of New York (``New York'') has petitioned for approval of alternate odometer requirements. New York's petition, as amended, is granted.
Revision of Department of Homeland Security Acquisition Regulation; Contractor Billing and Subcontractor Labor Hour Rates Under Time and Materials Contracts (HSAR Case 2010-001)
Document Number: 2012-20442
Type: Proposed Rule
Date: 2012-08-21
Agency: Department of Homeland Security
The Department of Homeland Security (DHS) is proposing to amend its Homeland Security Acquisition Regulation to require contracts for time and material or labor hours to include separate labor hour rates for subcontractors and a description of the method that will be used to record and bill for labor hours for both contractors and subcontractors.
Federal Management Regulation; Donation of Surplus Personal Property
Document Number: 2012-20441
Type: Proposed Rule
Date: 2012-08-21
Agency: General Services Administration, Agencies and Commissions
The General Services Administration is proposing to amend the Federal Management Regulation (FMR) by changing its personal property policy. The proposed changes will (1) include the addition of certain veterans organizations as eligible donation recipients as authorized by Public Law; (2) update and clarify language regarding the use of The United States Government Certificate to Obtain Title to a Vehicle, Standard Form 97 (SF 97); and (3) make minor clarifying edits to existing policies.
Deductions for Entertainment Use of Business Aircraft; Correction
Document Number: 2012-20436
Type: Rule
Date: 2012-08-21
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document corrects the final regulation (TD 9597) that was published in the Federal Register on Wednesday, August 1, 2012, (77 FR 45480), relating to the use of business aircraft for entertainment.
Equal Credit Opportunity Act (Regulation B)
Document Number: 2012-20422
Type: Proposed Rule
Date: 2012-08-21
Agency: Bureau of Consumer Financial Protection
The Bureau of Consumer Financial Protection (Bureau) is proposing to amend Regulation B, which implements the Equal Credit Opportunity Act (ECOA), and the official interpretation to the regulation, which interprets the requirements of Regulation B. The proposed revisions to Regulation B would implement an ECOA amendment concerning appraisals that was enacted as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). In general, the proposed revisions to Regulation B would require creditors to provide free copies of all written appraisals and valuations developed in connection with an application for a loan to be secured by a first lien on a dwelling. The proposal also would require creditors to notify applicants in writing of the right to receive a copy of each written appraisal or valuation at no additional cost.
Approval and Promulgation of Implementation Plans; Tennessee; Knoxville; Fine Particulate Matter 2002 Base Year Emissions Inventory
Document Number: 2012-20393
Type: Rule
Date: 2012-08-21
Agency: Environmental Protection Agency
EPA is taking direct 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 State of Tennessee on April 4, 2008. The emissions inventory is part of Tennessee's April 4, 2008, attainment demonstration SIP revision that was submitted to meet the section 172(c) Clean Air Act (CAA or Act) requirements related to the Knoxville nonattainment area for the 1997 annual PM2.5 national ambient air quality standards (NAAQS), hereafter referred to as ``the Knoxville Area'' or ``Area.'' The Knoxville nonattainment area is comprised of Anderson, Blount, Knox and Loudon Counties in their entireties and a portion of Roane County that includes the Tennessee Valley Authority's Kingston Fossil Plant. This action is being taken pursuant to section 110 of the CAA.
Approval and Promulgation of Implementation Plans; Tennessee; Knoxville; Fine Particulate Matter 2002 Base Year Emissions Inventory
Document Number: 2012-20391
Type: Proposed Rule
Date: 2012-08-21
Agency: Environmental Protection Agency
EPA is proposing 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 State of Tennessee on April 4, 2008. The emissions inventory is part of Tennessee's April 4, 2008, attainment demonstration SIP revision that was submitted to meet the section 172(c) Clean Air Act requirements related to the Knoxville nonattainment area for the 1997 annual PM2.5 national ambient air quality standards. The Knoxville nonattainment area is comprised of Anderson, Blount, Knox and Loudon Counties in their entireties and a portion of Roane County that includes the Tennessee Valley Authority's Kingston Fossil Plant. This action is being taken pursuant to section 110 of the Clean Air Act.
Department of the Treasury Acquisition Regulations; Contract Clause on Minority and Women Inclusion in Contractor Workforce
Document Number: 2012-20385
Type: Proposed Rule
Date: 2012-08-21
Agency: Department of the Treasury
The Department of the Treasury (the Department) is proposing to amend the Department of the Treasury Acquisition Regulation (DTAR) to include a contract clause on minority and women inclusion, as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the Dodd-Frank Act).
Guidance for Industry: Questions and Answers Regarding the Final Rule, Prevention of Salmonella Enteritidis in Shell Eggs During Production, Storage, and Transportation; Availability
Document Number: 2012-20383
Type: Rule
Date: 2012-08-21
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or we) is announcing the availability of a guidance entitled ``Guidance for Industry: Questions and Answers Regarding the Final Rule, Prevention of Salmonella Enteritidis in Shell Eggs During Production, Storage, and Transportation.'' The guidance contains questions we have received on the final rule since its publication and responses to those questions, and is intended to assist egg producers and other persons who are covered by the final rule.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2012-20172
Type: Rule
Date: 2012-08-21
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This AD was prompted by reports of jamming/malfunctioning of the left-hand engine thrust control mechanism. This AD requires modifying the left-hand engine upper core-cowl. We are issuing this AD to prevent jamming/malfunctioning of the left-hand engine thrust control mechanism, which could lead to loss of control of the airplane.
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