September 5, 2012 – Federal Register Recent Federal Regulation Documents

CPI Adjustment of Patent Fees for Fiscal Year 2013
Document Number: 2012-21974
Type: Rule
Date: 2012-09-05
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office or USPTO) is adjusting certain patent fee amounts for fiscal year 2013 to reflect fluctuations in the Consumer Price Index (CPI). The patent statute provides for the annual CPI adjustment of patent fees set by statute to recover the higher costs associated with doing business as reflected by the CPI.
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2012-13 Early Season
Document Number: 2012-21969
Type: Rule
Date: 2012-09-05
Agency: Fish and Wildlife Service, Department of the Interior
This rule prescribes special early-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of tribal authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest, at levels compatible with populations and habitat conditions.
Nonconformance Penalties for On-Highway Heavy-Duty Diesel Engines
Document Number: 2012-21967
Type: Rule
Date: 2012-09-05
Agency: Environmental Protection Agency
EPA is taking final action to establish nonconformance penalties (NCPs) for manufacturers of heavy heavy-duty diesel engines (HHDDE) in model years 2012 and later for emissions of oxides of nitrogen (NOX) because we have found the criteria for NCPs and the Clean Air Act have been met. The NOX standards to which these NCPs apply were established by a rule published on January 18, 2001. In general, NCPs allow a manufacturer of heavy-duty engines (HDEs) whose engines do not conform to applicable emission standards, but do not exceed a designated upper limit, to be issued a certificate of conformity upon payment of a monetary penalty to the United States Government. The upper limit associated with these NCPs is 0.50 grams of NOX per brake horsepower-hour (g/bhp-hr). This Final Rule specifies certain parameters that are entered into the preexisting penalty formulas along with the emissions of the engine and the incorporation of other factors to determine the amount a manufacturer must pay. Key parameters that determine the NCP a manufacturer must pay are EPA's estimated cost of compliance for a near worst-case engine and the degree to which the engine exceeds the emission standard (as measured from production engines). EPA proposed NCPs for medium heavy duty diesel engines. However, EPA is not taking final action with regard to NCPs for these engines at this time because EPA has not completed its review of the data and comments regarding these engines.
Alabama Regulatory Program
Document Number: 2012-21864
Type: Proposed Rule
Date: 2012-09-05
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposes revisions to its Program regarding revegetation success guidelines. Alabama intends to revise its program to improve operational efficiency. This document gives the times and locations that the Alabama program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Utah Regulatory Program
Document Number: 2012-21857
Type: Proposed Rule
Date: 2012-09-05
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We are announcing receipt of a proposed amendment to the Utah regulatory program (hereinafter, the ``Utah program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Utah proposes revisions and additions of rules pertaining to ownership and control. Utah intends to revise its program to be consistent with the corresponding Federal regulations. This document gives the times and locations that the Utah program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Dichlorvos (DDVP); Order Denying NRDC's Objections on Remand
Document Number: 2012-21844
Type: Rule
Date: 2012-09-05
Agency: Environmental Protection Agency
In this order, EPA denies an objection to a prior order denying a petition requesting that EPA revoke all pesticide tolerances for dichlorvos under section 408(d) of the Federal Food, Drug, and Cosmetic Act. The objection was filed on February 1, 2008, by the Natural Resources Defense Council (NRDC). The original petition was also filed by NRDC. Previously, in July 2008, EPA denied this same objection but the United States Court of Appeals for the Second Circuit vacated that decision, in part, and remanded the matter to EPA. This order is being issued in response to the court's remand.
Microorganisms; General Exemptions From Reporting Requirements; Revisions to Recipient Organisms Eligible for Tier I and Tier II Exemptions
Document Number: 2012-21843
Type: Proposed Rule
Date: 2012-09-05
Agency: Environmental Protection Agency
EPA received petitions to add Trichoderma reesei and Bacillus amyloliquefaciens to the list of microorganisms that may be used as recipient microorganisms in order to qualify for the exemption from full notification and reporting procedures under the Toxic Substances Control Act (TSCA) for new microorganisms that are being manufactured for introduction into commerce. Based on EPA's evaluation of these petitions, EPA has made a preliminary determination that certain strains of both microorganisms will not present an unreasonable risk of injury to health or the environment when used as a recipient microorganism provided that certain criteria for the introduced genetic material and the physical containment conditions are met. Therefore, EPA is proposing to add two additional microorganisms to the list of recipient microorganisms that are eligible for exemptions from full reporting for the manufacture (including import) of new microorganisms.
Sharing Information Between the Department of Veterans Affairs and the Department of Defense
Document Number: 2012-21816
Type: Rule
Date: 2012-09-05
Agency: Department of Veterans Affairs
This document adopts as final, without change, the interim final rule published in the Federal Register on October 20, 2011. This final rule removes a Department of Veterans Affairs (VA) regulatory restriction on the sharing of certain medical information with the Department of Defense (DoD) that is not required by the applicable statute and is inconsistent with the intent and purpose of that statute.
Service Dogs
Document Number: 2012-21784
Type: Rule
Date: 2012-09-05
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) amends its regulations concerning veterans in need of service dogs. Under this final rule, VA will provide to veterans with visual, hearing, or mobility impairments benefits to support the use of a service dog as part of the management of such impairments. The benefits include assistance with veterinary care, travel benefits associated with obtaining and training a dog, and the provision, maintenance, and replacement of hardware required for the dog to perform the tasks necessary to assist such veterans.
Regulated Navigation Area; Thames River Degaussing Range Replacement Operations; New London, CT
Document Number: 2012-21760
Type: Proposed Rule
Date: 2012-09-05
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish a regulated navigation area (RNA) on the navigable waters of the Thames River in New London Harbor, New London, CT. The proposed RNA would establish speed and wake restrictions as well as allow the Coast Guard to prohibit all vessel traffic through the RNA during degaussing range replacement operations, both planned and unforeseen, that could pose an imminent hazard to persons and vessels operating in the area. This rule is necessary to provide for the safety of life on the navigable waters during the replacement of the degaussing range and its supporting system.
Special Anchorage Area; Stockton Springs, ME
Document Number: 2012-21759
Type: Proposed Rule
Date: 2012-09-05
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish a special anchorage area in Stockton Springs, 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 in Stockton Springs, improve the safety of anchored vessels, and provide for the overall safe and efficient flow of vessel traffic and commerce.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Eagle Lake Rainbow Trout as an Endangered or Threatened Species
Document Number: 2012-21745
Type: Proposed Rule
Date: 2012-09-05
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the Eagle Lake rainbow trout (Oncorhynchus mykiss aquilarum) as an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing the Eagle Lake rainbow trout may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the subspecies to determine if listing the Eagle Lake rainbow trout is warranted. To ensure that this status review is comprehensive, 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.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Franciscan Manzanita
Document Number: 2012-21744
Type: Proposed Rule
Date: 2012-09-05
Agency: Fish and Wildlife Service, Department of the Interior
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.
Allocation of Costs Under the Simplified Methods
Document Number: 2012-21743
Type: Proposed Rule
Date: 2012-09-05
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations on allocating costs to certain property produced by the taxpayer or acquired by the taxpayer for resale. The proposed regulations affect taxpayers that are producers or resellers of property that are required to capitalize certain costs to the property and that allocate costs under the simplified production method or the simplified resale method. The proposed regulations provide rules for the treatment of negative additional costs.
Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Arctostaphylos franciscana
Document Number: 2012-21742
Type: Rule
Date: 2012-09-05
Agency: Fish and Wildlife Service, Department of the Interior
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.
Revisions of Five California Clean Air Act Title V Operating Permits Programs
Document Number: 2012-21683
Type: Rule
Date: 2012-09-05
Agency: Environmental Protection Agency
EPA is finalizing approval of revisions to the Operating Permits (Title V) programs of the Monterey Bay Unified Air Pollution Control District (MBUAPCD), San Luis Obispo County Air Pollution Control District (SLOCAPCD), Santa Barbara County Air Pollution Control District (SBCAPCD), South Coast Air Quality Management District (SCAQMD), and Ventura County Air Pollution Control District (VCAPCD). We proposed these program revisions in the Federal Register on March 21, 2012. These revisions require sources with the potential to emit (PTE) of greenhouse gases (GHGs) above the thresholds in EPA's Tailoring Rule, which have not been previously subject to Title V for other reasons, to obtain a Title V permit. See ``Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule; Final Rule,'' (the Tailoring Rule) (75 FR 31514, June 3, 2010).
Eliminating the Prohibition Against General Solicitation and General Advertising in Rule 506 and Rule 144A Offerings
Document Number: 2012-21681
Type: Proposed Rule
Date: 2012-09-05
Agency: Securities and Exchange Commission, Agencies and Commissions
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.
Amendments to Commodity Pool Operator and Commodity Trading Advisor Regulations Resulting From the Dodd-Frank Act
Document Number: 2012-21606
Type: Rule
Date: 2012-09-05
Agency: Commodity Futures Trading Commission, Agencies and Commissions
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).
Facilitating the Use of Microwave for Wireless Backhaul and Other Uses and Providing Additional Flexibility To Broadcast Auxiliary Service and Operational Fixed Microwave Licensees
Document Number: 2012-21336
Type: Proposed Rule
Date: 2012-09-05
Agency: Federal Communications Commission, Agencies and Commissions
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.
Facilitating the Use of Microwave for Wireless Backhaul and Other Uses and Providing Additional Flexibility To Broadcast Auxiliary Service and Operational Fixed Microwave Licensees
Document Number: 2012-21335
Type: Rule
Date: 2012-09-05
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission takes further steps to remove regulatory barriers and lowering costs for the wireless microwave backhaul facilities that are an important component of many mobile wireless networks. The steps we take will remove regulatory barriers that today limit the use of spectrum for wireless backhaul and other point-to-point and point-to-multipoint communications. This will also facilitate better use of Fixed Service (FS) spectrum and provide additional flexibility to enable FS licensees to reduce operational costs and facilitate the use of wireless backhaul in rural areas. By enabling more flexible and cost-effective microwave services, the Commission can help foster deployment of broadband infrastructure across America. In addition, a number of parties sought reconsideration of the Backhaul Report and Order, and we address those requests and deny reconsideration, for the most part.
Airworthiness Directives; Eurocopter France Helicopters
Document Number: 2012-21262
Type: Rule
Date: 2012-09-05
Agency: Federal Aviation Administration, Department of Transportation
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.
Administrative Simplification: Adoption of a Standard for a Unique Health Plan Identifier; Addition to the National Provider Identifier Requirements; and a Change to the Compliance Date for the International Classification of Diseases, 10th Edition (ICD-10-CM and ICD-10-PCS) Medical Data Code Sets
Document Number: 2012-21238
Type: Rule
Date: 2012-09-05
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule adopts the standard for a national unique health plan identifier (HPID) and establishes requirements for the implementation of the HPID. In addition, it adopts a data element that will serve as an other entity identifier (OEID), or an identifier for entities that are not health plans, health care providers, or individuals, but that need to be identified in standard transactions. This final rule also specifies the circumstances under which an organization covered health care provider must require certain noncovered individual health care providers who are prescribers to obtain and disclose a National Provider Identifier (NPI). Lastly, this final rule changes the compliance date for the International Classification of Diseases, 10th Revision, Clinical Modification (ICD- 10-CM) for diagnosis coding, including the Official ICD-10-CM Guidelines for Coding and Reporting, and the International Classification of Diseases, 10th Revision, Procedure Coding System (ICD-10-PCS) for inpatient hospital procedure coding, including the Official ICD-10-PCS Guidelines for Coding and Reporting, from October 1, 2013 to October 1, 2014.
Appraisals for Higher-Risk Mortgage Loans
Document Number: 2012-20432
Type: Proposed Rule
Date: 2012-09-05
Agency: National Credit Union Administration, Agencies and Commissions, Office of the Comptroller of the Currency, Department of Treasury, Department of the Treasury, Federal Housing Finance Agency, Bureau of Consumer Financial Protection, Board of Governors of the Federal Reserve System
The Board, Bureau, FDIC, FHFA, NCUA, and OCC (collectively, the Agencies) are proposing to amend Regulation Z, which implements the Truth in Lending Act (TILA), and the official interpretation to the regulation. The proposed revisions to Regulation Z would implement a new TILA provision requiring appraisals for ``higher-risk mortgages'' that was added to TILA as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. For mortgages with an annual percentage rate that exceeds the average prime offer rate by a specified percentage, the proposed rule would require creditors to obtain an appraisal or appraisals meeting certain specified standards, provide applicants with a notification regarding the use of the appraisals, and give applicants a copy of the written appraisals used.
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