September 7, 2012 – Federal Register Recent Federal Regulation Documents

Safety Zone; Chicago Red Bull Flugtag, Lake Michigan, Chicago, IL
Document Number: 2012-22198
Type: Rule
Date: 2012-09-07
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on Lake Michigan near Chicago, IL. This safety zone is intended to restrict vessels from a portion of Lake Michigan for the Red Bull Flugtag event. This temporary safety zone is necessary to protect event participants, the surrounding public, and vessels from the hazards associated with this event.
Ocean Dumping; Designation of Ocean Dredged Material Disposal Sites Offshore of Yaquina Bay, Oregon
Document Number: 2012-22100
Type: Rule
Date: 2012-09-07
Agency: Environmental Protection Agency
The EPA is finalizing the designation of two new ocean dredged material disposal (ODMD) sites offshore of Yaquina Bay, Oregon, pursuant to the Marine Protection, Research, and Sanctuaries Act, as amended (MPRSA). On April 5, 2012, the EPA published a proposed rule to designate the sites and opened a public comment period under Docket ID No. EPA-R10-OW-2012-0197. The comment period closed on May 7, 2012. The EPA received several comments on the proposed rule. The EPA's responses are included in section 2.c of this final rule labeled ``Response to Comments Received.'' The EPA decided to finalize the action to designate the new sites because the new sites are needed to serve the long-term need for a location to dispose of material dredged from the Yaquina River navigation channel, and to provide a location for the disposal of dredged material for persons or entities who have received a permit for such disposal. The newly designated sites are subject to ongoing monitoring and management to ensure continued protection of the marine environment.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Deferral for CO2
Document Number: 2012-22098
Type: Proposed Rule
Date: 2012-09-07
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Maryland Department of the Environmental (MDE) on April 4, 2012. This revision proposes to defer until July 21, 2014 the application of the Prevention of Significant Deterioration (PSD) permitting requirements to biogenic carbon dioxide (CO2) emissions from bioenergy and other biogenic stationary sources in the State of Maryland. This action is being taken under the Clean Air Act (CAA).
Airbus Operations GmbH Grant of Exemption No. 10611
Document Number: 2012-22095
Type: Rule
Date: 2012-09-07
Agency: Federal Aviation Administration, Department of Transportation
This document contains a summary of the agency's decision on a petition for exemption. The purpose of the document is to improve the public's awareness and inform affected operators of the FAA's decision.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas and Permits for Major Stationary Sources Locating in Nonattainment Areas or the Ozone Transport Region
Document Number: 2012-22094
Type: Proposed Rule
Date: 2012-09-07
Agency: Environmental Protection Agency
EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the Virginia Department of Environmental Quality (VADEQ). These revisions propose to allow the terms and conditions of various elements of the preconstruction program in Virginia to be combined into a single permit, establish limitations for issuance of Plantwide Applicability Limits (PALs), and provide an exemption to Virginia's New Source Review (NSR) Program for the use of alternate fuels. This action is being taken under the Clean Air Act (CAA).
Aging Airplane Program: Widespread Fatigue Damage; Correction
Document Number: 2012-22090
Type: Rule
Date: 2012-09-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA is correcting a technical amendment published May 24, 2012 to a final rule published November 15, 2010. The final rule required design approval holders of certain existing airplanes and all applicants for type certificates of future transport category airplanes to establish a limit of validity of the engineering data that supports the structural maintenance program (hereinafter referred to as LOV). It also required that operators of any affected airplane incorporate the LOV into the maintenance program for that airplane. The technical amendment to the final rule was issued to correct errors, but within its publication, it contained inadvertent errors due to pagination in two tables. This document corrects the errors in those tables.
Airworthiness Directives; Sikorsky Aircraft Corporation (Sikorsky) Model Helicopters
Document Number: 2012-22064
Type: Proposed Rule
Date: 2012-09-07
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the Sikorsky Model S-70, S-70A, S-70C, S-70C (M), and S-70C (M1) helicopters with General Electric (GE) T700-GE-401C or T700-GE-701C engines installed. This proposed AD is prompted by a reevaluation of the method for determining the life limit for certain GE engine gas generator turbine (GGT) rotor parts and the determination that these life limits need to be based on low cycle fatigue events instead of hours time-in-service. The proposed actions are intended to establish new fatigue life limits for certain GGT rotor parts to prevent fatigue failure of a GGT rotor part, engine failure, and subsequent loss of control of the helicopter.
Airworthiness Directives; Airbus Airplanes
Document Number: 2012-22063
Type: Proposed Rule
Date: 2012-09-07
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier proposed airworthiness directive (AD) for certain Airbus Model A330-200, A330-300, A340-200, and A340- 300 series airplanes; and Model A340-541 airplanes and Model A340-642 airplanes. That NPRM proposed to require performing a detailed inspection for degradation of the bogie pivot pins and for any cracks and damage of the pivot pin bushes of the main and central landing gear; a magnetic particle inspection of the affected bogie pivot pins for corrosion and base metal cracks; and repairing or replacing bogie pivot pins and pivot pin bushes, if necessary. That NPRM was prompted by reports of cracks in the bogie pivot pin caused by material heating due to friction between the bogie pivot pin and bush, leading to chrome detachment and chrome dragging on the bogie pivot pin. This action revises that NPRM by adding repetitive inspections and expanding the applicability. We are proposing this AD to detect and correct cracks and damage to the main and central landing gear, which could result in the collapse of the landing gear and adversely affect the airplane's continued safe flight and landing. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.
Civil Penalties
Document Number: 2012-22043
Type: Proposed Rule
Date: 2012-09-07
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document proposes to increase the maximum civil penalty amounts for violations of motor vehicle safety requirements for the National Traffic and Motor Vehicle Safety Act, as amended, and violations of bumper standards and consumer information provisions. Specifically, this proposes increases in maximum civil penalty amounts for single violations of motor vehicle safety requirements, a series of related violations of school bus and equipment safety requirements, a series of related violations of bumper standards, and a series of related violations of consumer information regarding crashworthiness and damage susceptibility requirements. This action would be taken pursuant to the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, which requires us to review and, as warranted, adjust penalties based on inflation at least every four years.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2012-22040
Type: Proposed Rule
Date: 2012-09-07
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier proposed airworthiness directive (AD) for certain The Boeing Company Model 737-700, -700C, -800, and - 900ER series airplanes, Model 747-400F series airplanes, and Model 767- 200 and -300 series airplanes. That NPRM proposed to require an inspection for affected serial numbers of the crew oxygen mask stowage box units; and replacement of the crew oxygen mask stowage box unit with a new crew oxygen mask stowage unit, if necessary. That NPRM was prompted by reports indicating that certain crew oxygen mask stowage box units were possibly delivered with a burr in the inlet fitting. The burr might break loose during test or operation, and might pose an ignition source or cause an inlet valve to jam. This action revises that NPRM by adding a step to identify and label certain crew oxygen mask stowage box units that have already been inspected and reworked by the supplier, and allowing operators to install new or serviceable crew oxygen mask stowage box units. We are proposing this supplemental NPRM to prevent an ignition source, which could result in an oxygen-fed fire; or an inlet valve jam in a crew oxygen mask stowage box unit, which could result in restricted flow of oxygen. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.
Special Local Regulation: Hydroplane Races in Lake Sammamish, WA
Document Number: 2012-22012
Type: Rule
Date: 2012-09-07
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the Special Local Regulation, Hydroplane Races within the Captain of the Port Puget Sound Area of Responsibility for the 2012 Fall Championship hydroplane event in Lake Sammamish, WA from 12 p.m. until 5 p.m. each day from September 28, 2012 through September 30, 2012. This action is necessary to restrict vessel movement in the vicinity of the race courses thereby ensuring the safety of participants and spectators during these events. During the enforcement period non-participant vessels are prohibited from entering the designated race areas. Spectator craft entering, exiting or moving within the spectator area must operate at speeds which will create a minimum wake.
Safety Zones; Annual Firework Displays Within the Captain of the Port, Puget Sound Area of Responsibility
Document Number: 2012-22010
Type: Rule
Date: 2012-09-07
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the safety zone for the Mukilteo Lighthouse Festival during the date and time noted below. This action is necessary to prevent injury and to protect life and property of the maritime public from the hazards associated with the firework display. During the enforcement period, entry into, transit through, mooring, or anchoring within these zones is prohibited unless authorized by the Captain of the Port, Puget Sound or his Designated Representative.
Medical Waivers for Merchant Mariner Credential Applicants With Anti-Tachycardia Devices or Implantable Cardioverter Defibrillators
Document Number: 2012-22006
Type: Proposed Rule
Date: 2012-09-07
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is seeking public comment regarding criteria for granting medical waivers to mariners who have anti-tachycardia devices or implantable cardioverter defibrillators (ICDs). Current Coast Guard guidance found in Navigation and Vessel Inspection Circular 04-08, Medical and Physical Evaluation Guidelines for Merchant Mariner Credentials (NVIC 04-08), states that anti-tachycardia devices or ICDs are generally not waiverable. The Coast Guard is considering changing that policy. Prior to issuing a policy change on whether to grant waivers for anti-tachycardia devices or ICDs and the criteria for such waivers, the Coast Guard will accept comments from the public on whether the proposed criteria would adequately address safety concerns regarding merchant mariners with ICDs.
Safety Zone, ESI Ironman 70.3 Augusta Triathlon, Savannah River; Augusta, GA
Document Number: 2012-22004
Type: Rule
Date: 2012-09-07
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the waters of the Savannah River in Augusta, Georgia during the ESI Ironman 70.3 Augusta Triathlon on Sunday, September 30, 2012. The event will include a 1.1 mile swim on the waters of the Savannah River. The temporary safety zone is necessary for the safety of the race participants, participant vessels, spectators, and the general public during the swim portion of the competition. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Savannah or a designated representative.
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Correction
Document Number: 2012-21990
Type: Rule
Date: 2012-09-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This action corrects groundfish regulations that were published in three final rules. The first was published on December 15, 2010, and established various provisions of the trawl rationalization program; the second published on May 11, 2011, and established the 2011-2012 harvest specifications and management measures for groundfish; the third published in December 1, 2011, and made revisions to the trawl program. This rules corrects inadvertent errors that, although they will not modify current fishing practices need to be corrected so that the rule text comports with the intent as expressed in the rules' preambles. This rule includes but is not limited to corrections to coordinates defining depth countours that apply to all fisheries, permit renewal dates, observer requirements, recreational regulations, processor obligations in the MS sector, the forms used to transfer an MS/CV endorsement, and others. Each correction is explained below.
Federal Housing Administration (FHA): Section 232 Healthcare Facility Insurance Program-Strengthening Accountability and Regulatory Revisions Update
Document Number: 2012-21982
Type: Rule
Date: 2012-09-07
Agency: Department of Housing and Urban Development
In 2010 through 2011, HUD commenced and completed the process of revising regulations applicable to, and closing documents used in, FHA insurance of multifamily rental projects, to reflect current policy and practices in the multifamily mortgage market. This final rule results from a similar process that was initiated in 2011 for revising and updating the regulations governing, and the transactional documents used in, the program for insurance of healthcare facilities under section 232 of the National Housing Act (Section 232 program). HUD's Section 232 program insures mortgage loans to facilitate the construction, substantial rehabilitation, purchase, and refinancing of nursing homes, intermediate care facilities, board and care homes, and assisted-living facilities. This rule revises the Section 232 program regulations to reflect current policy and practices, and improve accountability and strengthen risk management in the Section 232 program.
Explosive Siting Requirements
Document Number: 2012-21922
Type: Rule
Date: 2012-09-07
Agency: Federal Aviation Administration, Department of Transportation
This rule amends the requirements for siting explosives under a license to operate a launch site. It increases flexibility for launch site operators in site planning for the storage and handling of energetic liquids and explosives.
System Safety Program
Document Number: 2012-20999
Type: Proposed Rule
Date: 2012-09-07
Agency: Federal Railroad Administration, Department of Transportation
FRA proposes to require commuter and intercity passenger railroads to develop and implement a system safety program (SSP) to improve the safety of their operations. An SSP would be a structured program with proactive processes and procedures developed and implemented by commuter and intercity passenger railroads to identify and mitigate or eliminate hazards and the resulting risks on each railroad's system. A railroad would have a substantial amount of flexibility to tailor an SSP to its specific operations. An SSP would be implemented by a written SSP plan and submitted to FRA for review and approval. A railroad's compliance with its SSP would be audited by FRA.
Truth in Lending Act (Regulation Z); Loan Originator Compensation
Document Number: 2012-20808
Type: Proposed Rule
Date: 2012-09-07
Agency: Bureau of Consumer Financial Protection
The Bureau of Consumer Financial Protection is publishing for public comment a proposed rule amending Regulation Z (Truth in Lending) to implement amendments to the Truth in Lending Act (TILA) made by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The proposal would implement statutory changes made by the Dodd- Frank Act to Regulation Z's current loan originator compensation provisions, including a new additional restriction on the imposition of any upfront discount points, origination points, or fees on consumers under certain circumstances. In addition, the proposal implements additional requirements imposed by the Dodd-Frank Act concerning proper qualification and registration or licensing for loan originators. The proposal also implements Dodd-Frank Act restrictions on mandatory arbitration and the financing of certain credit insurance premiums. Finally, the proposal provides additional guidance and clarification under the existing regulation's provisions restricting loan originator compensation practices, including guidance on the application of those provisions to certain profit-sharing plans and the appropriate analysis of payments to loan originators based on factors that are not terms but that may act as proxies for a transaction's terms.
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