September 5, 2012 – Federal Register Recent Federal Regulation Documents

This is a notice of the Presidential declaration of an emergency for the State of Louisiana (FEMA-3347-EM), dated August 27, 2012, and related determinations.

This is a notice of the Presidential declaration of a major disaster for the State of Ohio (FEMA-4077-DR), dated August 20, 2012, and related determinations.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Arctostaphylos franciscana (Franciscan manzanita) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 318 acres (129 hectares) are being proposed for designation as critical habitat. The proposed critical habitat is located in San Francisco County and City, California.

We, the U.S. Fish and Wildlife Service (Service), determine that Arctostaphylos franciscana (Franciscan manzanita) meets the definition of an endangered species under the Endangered Species Act of 1973, as amended (Act). This final rule implements the Federal protections provided by the Act for this species. We are simultaneously publishing a proposed rule to designate critical habitat for Arctostaphylos franciscana in a separate Federal Register notice.

This notice announces the intention of the National Agricultural Statistics Service (NASS) to suspend a currently approved information collection, the 2012 Census of Agriculture Content Testing.

In the Federal Register of June 20, 2012 (77 FR 3700), the Consumer Product Safety Commission (CPSC or Commission) published a notice in accordance with provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) to announce the CPSC's intention to seek extension of approval of the collection of information in the requirements for baby-bouncers and walker-jumpers in regulations codified at 16 CFR 1500.18(a)(6) and 1500.86(a)(4). No comments were received in response to that notice. Therefore, by publication of this notice, the Commission announces that it has submitted to the Office of Management and Budget (OMB) a request for extension of approval of this collection of information, without change.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and 41 CFR 102-3.50(d), the Department of Defense gives notice that it is renewing the charter for the U.S. Naval Academy Board of Visitors (hereafter referred to as ``the Board''). The Board is a non-discretionary federal advisory committee that shall provide independent advice and recommendations to the President of the United States on matters relating to but not limited to morale and discipline, curriculum, instruction, physical equipment, fiscal affairs, academic methods and other matters relating to the United States Naval Academy that the Board decides to consider. The Board shall visit the Naval Academy annually, and any other official visits by the Board or its members to the Academy, other than the annual visit, shall be made in compliance with the requirements set forth in 10 U.S.C. 6968(d). The Board shall submit a written report to the President of the United States within 60 days after its annual visit to the Naval Academy, to include the Board's views and recommendations pertaining to the Academy, including its advice and recommendations on matters set forth in the paragraph above. Any report of a visit, other than an annual visit, must be made pursuant to 10 U.S.C. 6968(f). The Board, pursuant to 10 U.S.C. 6968(a), shall be constituted annually and shall be composed of no more than 15 members. The Board membership shall include: a. The Chairman of the Committee on Armed Services of the Senate, or his designee; b. Three other members of the Senate designated by the Vice President or the President pro tempore of the Senate, two of whom are members of the Committee on Appropriations of the Senate; c. The Chairman of the Committee on Armed Services of the House of Representatives, or his designee; d. Four other members of the House of Representatives designated by the Speaker of the House of Representatives, two of whom are members of the Committee on Appropriations of the House of Representatives; and e. Six persons designated by the President. Board members designated by the President shall serve for three years each, except that any member whose term of office has expired shall continue to serve until his successor is appointed. In addition, the President shall designate two persons each year to succeed the members whose terms expire that year. If a Board member dies or resigns, a successor shall be designated for the unexpired portion of the term by the official who designated the member. The Board members shall select the Board's Chairperson from the total membership. With the exception of travel and per diem for official travel, Board members shall serve without compensation. The Board, pursuant to 10 U.S.C. Sec. 6968(g) and (h), may upon approval by the Secretary of the Navy, call in advisers for consultation, and these advisers shall, with the exception of travel and per diem for official travel, serve without compensation. With DoD approval, the Board is authorized to establish subcommittees, as necessary and consistent with its mission. Establishment of subcommittees will be based upon written determination, to include terms of reference, by the Secretary of Defense, the Deputy Secretary of Defense, or the Board's sponsor. Such subcommittees or workgroups shall not work independently of the chartered Board, and shall report all their recommendations and advice to the Board for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered Board; nor can they report directly to the Department of Defense or any Federal officers or employees who are not Board members. Subcommittee members shall be appointed by the Secretary of Defense even if the member in question is already a Board member. Subcommittee members, with the approval of the Secretary of Defense, may serve a term of service on the subcommittee of one-to-four years; however, no member shall serve more than two consecutive terms of service on the subcommittee. Subcommittee members, if not full-time or part-time government employees, shall be appointed by the Secretary of Defense according to governing DoD policy and procedures. Such individuals shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. 3109, and shall serve as special government employees, whose appointments must be renewed by the Secretary of Defense on an annual basis. All subcommittees or working groups shall operate under the provisions of FACA, the Government in the Sunshine Act, governing Federal statutes and regulations, and governing DoD policies/ procedures.

The Advisory Council on Historic Preservation (ACHP) is considering issuing a Program Comment at the request of the Federal Highway Administration setting forth the way in which FHWA will comply with Section 106 of the National Historic Preservation Act with regard to the effects of undertakings on common post-1945 concrete and steel bridges. The FHWA is requesting comments on the proposed Program Comment.

We are proposing amendments to Rule 506 of Regulation D and Rule 144A under the Securities Act of 1933 to implement Section 201(a) of the Jumpstart Our Business Startups Act. The proposed amendment to Rule 506 would provide that the prohibition against general solicitation and general advertising contained in Rule 502(c) of Regulation D would not apply to offers and sales of securities made pursuant to Rule 506, provided that all purchasers of the securities are accredited investors. The proposed amendment to Rule 506 would also require that, in Rule 506 offerings that use general solicitation or general advertising, the issuer take reasonable steps to verify that purchasers of the securities are accredited investors. The proposed amendment to Rule 144A(d)(1) would provide that securities may be offered pursuant to Rule 144A to persons other than qualified institutional buyers, provided that the securities are sold only to persons that the seller and any person acting on behalf of the seller reasonably believe are qualified institutional buyers. We are also proposing to revise Form D to add a separate check box for issuers to indicate whether they are using general solicitation or general advertising in a Rule 506 offering.

The Commodity Futures Trading Commission (Commission) is amending its regulations governing the operations and activities of commodity pool operators (CPOs) and commodity trading advisors (CTAs) in order to have those regulations reflect changes made to the Commodity Exchange Act (CEA) by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).

In this document, the Commission seeks more detailed comments on specific proposals made by parties to allow use of smaller antennas and wider channels in other part 101 microwave bands. We also seek comment on a proposal to revise our rules to change our treatment of smaller antennas in the 10.7-11.7 GHz band (11 GHz band). We also seek comment on additional ways to increase the flexibility, capacity, and cost-effectiveness of the microwave bands, while protecting incumbent licensees in these bands. In the Second Notice of Inquiry, we seek comment on making additional changes to our antenna standards to reflect advances in technology, accommodate non-parabolic antennas, and harmonize our standards with international standards. By enabling more flexible and cost-effective microwave services, the Commission can help foster deployment of broadband infrastructure across America.

We are adopting a new airworthiness directive (AD) for all Eurocopter France (EC) Model SA-365N, SA-365N1, SA-366G1, AS-365N2, AS 365 N3, EC 155B, and EC155B1 helicopters. This AD was prompted by the discovery of a cracked main rotor mast nut. This condition, if not corrected, could lead to complete failure of the mast nut, resulting in failure of the rotor mast and loss of control of the helicopter. This AD will require replacing the main rotor mast nut with an airworthy main rotor mast nut to prevent this scenario.

The FAA proposes to rule and invite public comment on the release of land at the El Paso International Airport.