September 11, 2012 – Federal Register Recent Federal Regulation Documents

Osage Negotiated Rulemaking Committee
Document Number: 2012-22373
Type: Proposed Rule
Date: 2012-09-11
Agency: Department of the Interior, Bureau of Indian Affairs
In accordance with the requirements of the Federal Advisory Committee Act, 5 U.S.C. Appendix 2, the U.S. Department of the Interior, Bureau of Indian Affairs, Osage Negotiated Rulemaking Committee will meet as indicated below.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2012-22341
Type: Proposed Rule
Date: 2012-09-11
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain The. This proposed AD was prompted by a report that during a test of the oxygen system, an operator found that the passenger oxygen masks did not properly flow oxygen, and that a loud noise occurred in the overhead area, which was caused by the flex line separating from the hard line due to a missing clamshell coupler. This proposed AD would require, for certain airplanes, performing a detailed inspection of certain areas of the airplane oxygen system to ensure clamshell couplers are installed and fully latched, and corrective actions if necessary. For all airplanes, this proposed AD would require performing and meeting the requirements of the low pressure leak test. We are proposing this AD to prevent the oxygen system flex line from separating from the hard line, which could cause an oxygen leak and a drop in the oxygen system pressure, resulting in improper flow of oxygen through the passenger masks and injury to passengers if emergency oxygen is needed.
Airworthiness Directives; Cessna Aircraft Company Airplanes
Document Number: 2012-22332
Type: Proposed Rule
Date: 2012-09-11
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Cessna Aircraft Company Models 172RG, R182, TR182, FR182, 210N, T210N, 210R, T210R, P210N, P210R, and T303 airplanes. This proposed AD was prompted by a report of a cockpit fire that appeared to originate from the area of the landing gear's hydraulic power pack system. This proposed AD would require you inspect the aircraft's hydraulic power pack wiring for incorrect installation, and if needed, correct the installation. We are proposing this AD to correct the unsafe condition on these products.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area
Document Number: 2012-22329
Type: Rule
Date: 2012-09-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2012 total allowable catch of Pacific cod allocated to catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the BSAI.
Verification of Statements of Account Submitted by Cable Operators and Satellite Carriers
Document Number: 2012-22320
Type: Proposed Rule
Date: 2012-09-11
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is extending the deadline for filing reply comments in response to its Notice of Proposed Rulemaking concerning the verification of Statements of Account and royalty payments that are deposited with the Office by cable operators and satellite carriers. Initial comments are available for review on the Copyright Office Web site.
Mechanical and Digital Phonorecord Delivery Compulsory License
Document Number: 2012-22317
Type: Proposed Rule
Date: 2012-09-11
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office is extending the deadline for filing comments and reply comments regarding its Notice of Proposed Rulemaking concerning regulations for reporting Monthly and Annual Statements of Account for the making and distribution of phonorecords under compulsory licenses obtained pursuant to 17 U.S.C. 115.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2012-22314
Type: Proposed Rule
Date: 2012-09-11
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier proposed airworthiness directive (AD) for all The Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes. That NPRM proposed repetitive high frequency eddy current (HFEC) inspections for cracking of the left and right rib hinge bearing lugs of the aft face of the center section of the horizontal stabilizer; measuring crack length and blending out cracks; and replacing the horizontal stabilizer center section rib, if necessary. That NPRM was prompted by reports of cracks of the hinge bearing lugs of the center section ribs of the horizontal stabilizer. This action revises that NPRM by adding the requirement for rib replacement if cracking is found during certain inspections of this proposed AD. We are proposing this supplemental NPRM to detect and correct cracking in the hinge bearing lugs of the horizontal stabilizer center section ribs, which could result in failure of the lugs, resulting in the inability of the horizontal stabilizer to sustain the required limit loads and consequent loss of control of the airplane. 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.
Proposed Flood Elevation Determinations; Correction
Document Number: 2012-22302
Type: Proposed Rule
Date: 2012-09-11
Agency: Federal Emergency Management Agency, Department of Homeland Security
On October 7, 2010, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 75 FR 62061. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Schuylkill County, Pennsylvania (All Jurisdictions). Specifically, it addresses the following flooding sources: Good Spring Creek, Little Schuylkill River, Mahanoy Creek, Schuylkill River, and West Branch Schuylkill River.
Proposed Flood Elevation Determinations for Clay County, FL, and Incorporated Areas
Document Number: 2012-22301
Type: Proposed Rule
Date: 2012-09-11
Agency: Federal Emergency Management Agency, Department of Homeland Security
The Federal Emergency Management Agency (FEMA) is withdrawing its proposed rule concerning proposed flood elevation determinations for Clay County, Florida, and Incorporated Areas.
Proposed Flood Elevation Determinations for the City of Carson City, NV
Document Number: 2012-22300
Type: Proposed Rule
Date: 2012-09-11
Agency: Federal Emergency Management Agency, Department of Homeland Security
The Federal Emergency Management Agency (FEMA) is withdrawing its proposed rule concerning proposed flood elevation determinations for the City of Carson City, Nevada.
Proposed Flood Elevation Determinations; Correction
Document Number: 2012-22299
Type: Proposed Rule
Date: 2012-09-11
Agency: Federal Emergency Management Agency, Department of Homeland Security
On April 14, 2010, FEMA published in the Federal Register a proposed rule that included an erroneous name for one of the flooding sources for Franklin County, North Carolina and Incorporated Areas. The flooding source name should have read Taylors Creek instead of Taylors Branch.
Proposed Flood Elevation Determinations for Hampden County, MA, and Incorporated Areas
Document Number: 2012-22298
Type: Proposed Rule
Date: 2012-09-11
Agency: Federal Emergency Management Agency, Department of Homeland Security
The Federal Emergency Management Agency (FEMA) is withdrawing its proposed rule concerning proposed flood elevation determinations for Hampden County, Massachusetts, and Incorporated Areas.
D&C Red No. 6 and D&C Red No. 7; Change in Specification; Confirmation of Effective Date
Document Number: 2012-22296
Type: Rule
Date: 2012-09-11
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is confirming the effective date of August 7, 2012, for the final rule that published in the Federal Register of July 6, 2012 (77 FR 39921) and that revised the requirements for D&C Red No. 6 and D&C Red No. 7 by replacing the current specification for ``Ether-soluble matter'' with a maximum limit of 0.015 percent for the recently identified impurity 1-[(4- methylphenyl)azo]-2-naphthalenol.
Port Access Route Study: The Atlantic Coast from Maine to Florida
Document Number: 2012-22295
Type: Proposed Rule
Date: 2012-09-11
Agency: Coast Guard, Department of Homeland Security
The U. S. Coast Guard is making available an interim report issued by the Atlantic Coast Port Access Route Study (ACPARS) workgroup. The interim report provides status of the workgroup efforts and the remaining requirements to complete the study. The Coast Guard welcomes comments on the interim report or submission of additional information for consideration by the workgroup.
Safety Zone; Miami Paddle Challenge, Biscayne Bay, Miami, FL
Document Number: 2012-22294
Type: Rule
Date: 2012-09-11
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the waters of Biscayne Bay located west of Key Biscayne and south of Rickenbacker Causeway in Miami, Florida during the Miami Paddle Challenge, a series of paddle boat races. The Miami Paddle Challenge is scheduled to take place on Sunday, September 29, 2012. The temporary safety zone is necessary for the safety of race participants, participant vessels, spectators, and the general public during the event. 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 Miami or a designated representative.
Security Zones; Dignitary Arrival/Departure and United Nations Meetings, New York, NY
Document Number: 2012-22293
Type: Proposed Rule
Date: 2012-09-11
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish a permanent security zone on the waters of the East River and Bronx Kill, in the vicinity of Randalls and Wards Islands, New York; revise the description of the Wall Street Heliport security zone on the East River, New York; and clarify the enforcement times and locations of the security zones that are located near the United Nations Headquarters in Manhattan, New York, as set forth in 33 CFR 165.164(a)(4) and (a)(5). This action is necessary to protect visiting dignitaries and the Port of New York/New Jersey against terrorism, sabotage or other subversive acts and incidents of a similar nature during the dignitaries' visit to New York City. The zones are intended to restrict vessels from a portion of the East River and Bronx Kill when public officials are scheduled to arrive and depart the area. Persons or vessels would not be allowed to enter these security zones without permission from the Captain of the Port New York (COTP) or the COTP's designated on-scene representative.
Establishment of Class E Airspace; Fort Garland, CO]
Document Number: 2012-22271
Type: Rule
Date: 2012-09-11
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E airspace at Trinchera Ranch Airstrip Airport, Fort Garland, CO. Controlled airspace is necessary to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Trinchera Ranch Airstrip Airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Establishment of Class E Airspace; Circle Town, MT
Document Number: 2012-22270
Type: Rule
Date: 2012-09-11
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E airspace at Circle Town County Airport, Circle Town, MT to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Circle Town County Airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Amendment of Class E Airspace; Dillon, MT
Document Number: 2012-22269
Type: Rule
Date: 2012-09-11
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace extending upward from 700 feet above the surface, and adds controlled surface airspace at Dillon, MT, to accommodate aircraft using new Area Navigation (RNAV) Global positioning System (GPS) standard instrument approach procedures at Dillon Airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport. The geographic coordinates of the airport also are adjusted.
Small Business Size Standards: Agriculture, Forestry, Fishing, and Hunting
Document Number: 2012-22259
Type: Proposed Rule
Date: 2012-09-11
Agency: Small Business Administration, Agencies and Commissions
The U.S. Small Business Administration (SBA) proposes to increase small business size standards for 11 industries in North American Industry Classification System (NAICS) Sector 11, Agriculture, Forestry, Fishing and Hunting. As part of its ongoing comprehensive size standards review, SBA evaluated receipts based size standards for 16 industries and two sub-industries in NAICS Sector 11 to determine whether they should be retained or revised. SBA did not review size standards for 46 industries in NAICS Sector 11 that are currently set by statute at $750,000 in average annual receipts. SBA also did not review the 500-employee based size standard for NAICS 113310, Logging, but will review it in the near future with other employee based size standards. This proposed rule is one of a series of proposed rules that will review size standards of industries grouped by NAICS Sector. SBA issued a White Paper entitled ``Size Standards Methodology'' and published a notice in the October 21, 2009 issue of the Federal Register to advise the public that the document is available on its Web site at www.sba.gov/size for public review and comments. The ``Size Standards Methodology'' White Paper explains how SBA establishes, reviews, and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing, and modifying a receipts based size standard.
Small Business Size Standards: Finance and Insurance and Management of Companies and Enterprises
Document Number: 2012-22258
Type: Proposed Rule
Date: 2012-09-11
Agency: Small Business Administration, Agencies and Commissions
The U.S. Small Business Administration (SBA) proposes to increase small business size standards for 37 industries in North American Industry Classification System (NAICS) Sector 52, Finance and Insurance, and for two industries in NAICS Sector 55, Management of Companies and Enterprises. In addition, SBA proposes to change the measure of size from average assets to average receipts for NAICS 522293, International Trade Financing. As part of its ongoing comprehensive size standards review, SBA evaluated all receipts based and assets based size standards in NAICS Sectors 52 and 55 to determine whether they should be retained or revised. This proposed rule is one of a series of proposed rules that will review size standards of industries grouped by NAICS Sector. SBA issued a White Paper entitled ``Size Standards Methodology'' and published a notice in the October 21, 2009 issue of the Federal Register to advise the public that the document is available on its Web site at www.sba.gov/size for public review and comments. The ``Size Standards Methodology'' White Paper explains how SBA establishes, reviews, and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing, and modifying a receipts based size standard.
Proposed Establishment of Class E Airspace; Walsenburg, CO
Document Number: 2012-22241
Type: Proposed Rule
Date: 2012-09-11
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E airspace at Spanish Peaks Airfield, Walsenburg, CO. Controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at the airport, and to enhance the safety and management of aircraft operations.
Amendment of Class E Airspace; Boise, ID
Document Number: 2012-22235
Type: Rule
Date: 2012-09-11
Agency: Federal Aviation Administration, Department of Transportation
This action amends the Class E airspace areas at Boise Air Terminal (Gowen Field), Boise, ID. This action also adjusts the geographic coordinates of the airport. The Boise VHF Omni-Directional Radio Range Tactical Air Navigational Aid (VORTAC) is no longer needed as a reference. The Donnelly Tactical Air Navigation System (TACAN) has been decommissioned and controlled airspace reconfigured. This action also makes a minor change to the legal description in reference to Class E airspace 9,000 feet Mean Sea Level (MSL). This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Approval and Promulgation of Implementation Plans; Virginia; Revisions to the State Implementation Plan Approved by EPA Through Letter Notice Actions
Document Number: 2012-22207
Type: Rule
Date: 2012-09-11
Agency: Environmental Protection Agency
EPA is taking final action on administrative changes to the Virginia State Implementation Plan (SIP). The changes consist of revised regulatory citations found in Virginia's regulations pertaining to municipal solid waste landfills and open burning which EPA previously approved through a Letter Notice. EPA has determined that this action falls under the ``good cause'' exemption in the Administrative Procedure Act (APA). This exemption in the APA authorizes agencies to dispense with public participation and to make an action effective immediately, thereby avoiding the 30-day delayed effective date otherwise provided for in the APA.
Changes To Implement Derivation Proceedings
Document Number: 2012-22204
Type: Rule
Date: 2012-09-11
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office or USPTO) is revising the rules of practice to implement the provisions of the Leahy-Smith America Invents Act (AIA) that create a new derivation proceeding to be conducted before the Patent Trial and Appeal Board (Board). These provisions of the AIA will take effect on March 16, 2013, eighteen months after the date of enactment, and apply to applications for patent, and any patent issuing thereon, that are subject to first-inventor-to-file provisions of the AIA.
2012-2013 Refuge-Specific Hunting and Sport Fishing Regulations
Document Number: 2012-22099
Type: Rule
Date: 2012-09-11
Agency: Fish and Wildlife Service, Department of the Interior
The Fish and Wildlife Service adds one refuge to the list of areas open for hunting and/or sport fishing, closes one refuge to hunt activities, closes one hunt opportunity at one refuge, and increases the hunting activities available at 16 other refuges, along with pertinent refuge-specific regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2012-2013 season.
Endangered and Threatened Wildlife and Plants; Determination of Status for Texas Golden Gladecress and Neches River Rose-mallow and Designation of Critical Habitat
Document Number: 2012-22061
Type: Proposed Rule
Date: 2012-09-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, propose to list two Texas plants, Leavenworthia texana (Texas golden gladecress) as an endangered species and Hibiscus dasycalyx (Neches River rose-mallow) as a threatened species under the Endangered Species Act of 1973, as amended (Act) and propose to designate critical habitat for both species. These are proposed regulations, and if finalized the effect of these regulations will be to conserve the species and protect their habitat under the Endangered Species Act.
Airworthiness Directives; GA200 (Pty) Ltd Airplanes
Document Number: 2012-22050
Type: Rule
Date: 2012-09-11
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for GA200 (Pty) Ltd Models GA200 and GA200C airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as failure of the strut bolt through the main spar. We are issuing this AD to require actions to address the unsafe condition on these products.
Endangered and Threatened Wildlife and Plants; Designation of Revised Critical Habitat for the Allium munzii
Document Number: 2012-22033
Type: Proposed Rule
Date: 2012-09-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the April 17, 2012, proposed revised designations of critical habitat for Allium munzii (Munz's onion) and Atriplex coronata var. notatior (San Jacinto Valley crownscale) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) of the proposed designations of critical habitat for A. munzii and A. c. var. notatior and an amended required determinations section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed revised designations, the associated DEA, and the amended required determinations section. Finally, we correct some errors regarding the elevations of habitat necessary for conservation of A. munzii. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.
Medical Area Body Network
Document Number: 2012-21984
Type: Rule
Date: 2012-09-11
Agency: Federal Communications Commission, Agencies and Commissions
This document expands the Commission's Medical Device Radiocommunications Service (MedRadio) rules to permit the development of new Medical Body Area Network (MBAN) devices in the 2360-2400 MHz band. The MBAN technology will provide a flexible platform for the wireless networking of multiple body transmitters used for the purpose of measuring and recording physiological parameters and other patient information or for performing diagnostic or therapeutic functions, primarily in health care facilities. This platform will enhance patient safety, care and comfort by reducing the need to physically connect sensors to essential monitoring equipment by cables and wires. This decision is the latest in a series of actions to expand the spectrum available for wireless medical use. The Commission finds that the risk of increased interference is minimal and is greatly outweighed by the benefits of the MBAN rules.
Airworthiness Directives; Agusta S.p.A. Helicopters
Document Number: 2012-21722
Type: Rule
Date: 2012-09-11
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model AB412 and AB412 EP helicopters with certain hoist hook assemblies (hook) installed. This AD requires inspecting the hook for correct assembly of the nut and body. This AD is prompted by a report that a hook separated from the cable of a helicopter. These actions are intended to prevent detachment of the hook from the helicopter and subsequent loss of an external load, possibly resulting in personal injury.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2012-21533
Type: Rule
Date: 2012-09-11
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 707-100 long body, -200, -100B long body, and -100B short body series airplanes; Model 707-300, -300B, -300C, and - 400 series airplanes; and Model 720 and 720B series airplanes. This AD was prompted by reports of stress corrosion cracking in the chord segments made from 7079 aluminum in the horizontal stabilizer rear spar, and potential early fatigue cracking in the chord segments made from 7075 aluminum. For certain airplanes, this AD requires using redefined flight cycle counts, determining the type of material of the horizontal stabilizer, rear spar, and upper and lower chords on the inboard and outboard ends of the rear spar; repetitively inspecting for cracking of the horizontal stabilizer components; and repairing or replacing the chord, or modifying chord segments made from 7079 aluminum, if necessary. For all airplanes, this AD requires inspecting certain structurally significant items, and repairing discrepancies if necessary. We are issuing this AD to detect and correct stress corrosion and/or potential early fatigue cracking in the horizontal stabilizer, which could compromise the structural integrity of the stabilizer.
Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants
Document Number: 2012-21414
Type: Rule
Date: 2012-09-11
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (Commission or CFTC) is adopting regulations to implement certain provisions of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd- Frank Act). Section 731 of the Dodd-Frank Act added a new section 4s(i) to the Commodity Exchange Act (CEA), which requires the Commission to prescribe standards for swap dealers (SDs) and major swap participants (MSPs) related to the timely and accurate confirmation, processing, netting, documentation, and valuation of swaps. These regulations set forth requirements for swap confirmation, portfolio reconciliation, portfolio compression, and swap trading relationship documentation for SDs and MSPs.
National Emission Standards for Hazardous Air Pollutants From the Pulp and Paper Industry
Document Number: 2012-20501
Type: Rule
Date: 2012-09-11
Agency: Environmental Protection Agency
This action finalizes the residual risk and technology review conducted for the pulp and paper industry source category regulated under national emission standards for hazardous air pollutants. The EPA is required to conduct residual risk and technology reviews under the Clean Air Act. This action finalizes amendments to the national emission standards for hazardous air pollutants that include a requirement for 5-year repeat emissions testing for selected process equipment; revisions to provisions addressing periods of startup, shutdown and malfunction; a requirement for electronic reporting; additional test methods for measuring methanol emissions; and technical and editorial changes. The amendments are expected to ensure that control systems are properly maintained over time, ensure continuous compliance with standards and improve data accessibility; we estimate facilities nationwide will spend $2.1 million per year to comply.
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