September 13, 2012 – Federal Register Recent Federal Regulation Documents

Safety Zone; Blue Angels at Kaneohe Bay Air Show, Oahu, HI
Document Number: 2012-22600
Type: Rule
Date: 2012-09-13
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone while the U.S. Navy Blue Angels Squadron conducts aerobatic performances over Kaneohe Bay, Oahu, Hawaii. This safety zone encompasses a small area of the Kane'ohe Bay Naval Defensive Sea Area, including an area that extends approximately 150 yards northeast and 250 yards southwest of the Defensive Sea Area. This safety zone extends from the surface of the water to the ocean floor. This safety zone is necessary to protect watercraft and the general public from hazards associated with the U.S. Navy Blue Angels aircraft low flying, high powered jet aerobatics over open waters. Vessels desiring to transit through the zone can request permission by contacting the Honolulu Captain of the Port at telephone number 808- 842-2600.
Proposed Amendment of Class E Airspace; Gaylord, MI
Document Number: 2012-22599
Type: Proposed Rule
Date: 2012-09-13
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Gaylord, MI. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Gaylord Regional Airport. Also, this action would rename the airport and update the geographic coordinates. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.
Revision to Vintage Date Requirements
Document Number: 2012-22598
Type: Rule
Date: 2012-09-13
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
This document adopts, as a final rule, a proposal to amend the Alcohol and Tobacco Tax and Trade Bureau wine labeling regulations to allow a vintage date to appear on a wine that is labeled with a country as an appellation of origin. This amendment will provide greater grape sourcing and wine labeling flexibility to winemakers, both domestic and foreign, while still ensuring that consumers are provided with adequate information as to the identity and quality of the wines they purchase.
Safety Zone, Atlantic Intracoastal Waterway; Oak Island, NC
Document Number: 2012-22597
Type: Proposed Rule
Date: 2012-09-13
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to extend the temporary safety zone established on the waters of the Atlantic Intracoastal Waterway at Oak Island, North Carolina. The safety zone is necessary to provide for the safety of mariners on navigable waters during maintenance on the NC 133 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile 311.8, at Oak Island, North Carolina. The safety zone extension would temporarily restrict vessel movement within the designated area starting on December 12, 2012 through February 14, 2013.
Establishment of the Middleburg Virginia Viticultural Area
Document Number: 2012-22596
Type: Rule
Date: 2012-09-13
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 198-square mile ``Middleburg Virginia'' viticultural area in Loudoun and Fauquier Counties in northern Virginia. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.
Establishment of the Inwood Valley Viticultural Area
Document Number: 2012-22595
Type: Rule
Date: 2012-09-13
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the 28,441-acre ``Inwood Valley'' viticultural area in Shasta County, California. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 in the Gulf of Alaska
Document Number: 2012-22592
Type: Rule
Date: 2012-09-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2012 total allowable catch of pollock for Statistical Area 610 in the GOA.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-61; Small Entity Compliance Guide
Document Number: 2012-22589
Type: Rule
Date: 2012-09-13
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rule appearing in Federal Acquisition Circular (FAC) 2005-61, which amends the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding this rule by referring to FAC 2005-61, which precedes this document. These documents are also available via the Internet at https:// www.regulations.gov.
Federal Acquisition Regulation; Technical Amendments
Document Number: 2012-22588
Type: Rule
Date: 2012-09-13
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes.
Snapper-Grouper Fishery of the South Atlantic; Reopening of the 2012 Commercial Sector for Yellowtail Snapper in the South Atlantic
Document Number: 2012-22586
Type: Rule
Date: 2012-09-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS reopens the 2012 commercial sector for yellowtail snapper in the South Atlantic exclusive economic zone (EEZ). NMFS previously determined the commercial ACL for yellowtail snapper would be reached by September 11, 2012, and closed the commercial sector for yellowtail snapper in the South Atlantic EEZ at 12:01 a.m. on September 11, 2012. Updated landings estimates indicate the ACL will not be reached by that date. Therefore, NMFS is reopening the commercial sector for yellowtail snapper. The purpose of this action is to allow the commercial sector to maximize harvest benefits and at the same time protect the yellowtail snapper resource.
Federal Acquisition Regulation; Bid Protest and Appeal Authorities
Document Number: 2012-22584
Type: Rule
Date: 2012-09-13
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to address bid protest and appeal authorities.
Federal Acquisition Regulation; NAICS and Size Standards
Document Number: 2012-22578
Type: Rule
Date: 2012-09-13
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to clarify that new North American Industry Classification System (NAICS) codes are not available for use in Federal contracting until the Small Business Administration (SBA) publishes corresponding industry size standards. Other corresponding changes were also made. Published industry size standards are available on SBA's Web site.
Federal Acquisition Regulation; Delete Outdated FAR Reference to the DoD Industrial Preparedness Program
Document Number: 2012-22577
Type: Rule
Date: 2012-09-13
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to delete references to the obsolete ``DoD Industrial Preparedness Program''.
Federal Acquisition Regulation; United States-Korea Free Trade Agreement
Document Number: 2012-22574
Type: Rule
Date: 2012-09-13
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA are adopting as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to implement the United States-Korea Free Trade Agreement. The Republic of Korea is already party to the World Trade Organization Government Procurement Agreement, but this trade agreement implements a lower procurement threshold.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-61; Introduction
Document Number: 2012-22572
Type: Rule
Date: 2012-09-13
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-61. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.
Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Rule
Document Number: 2012-22571
Type: Rule
Date: 2012-09-13
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is granting the petition submitted by International Business Machines Corporation (IBM) to exclude or ``delist'' a certain wastewater treatment sludge generated by its facility in Essex Junction, Vermont from the lists of hazardous wastes. This final rule responds to a petition submitted by IBM to delist F006 waste. The F006 waste is sludge generated from IBM's Industrial Waste Treatment Plant (IWTP). After careful analysis and use of the Delisting Risk Assessment Software (DRAS), EPA has concluded the petitioned waste is not hazardous waste. The F006 exclusion is a conditional exclusion for 3,150 cubic yards per year of the F006 wastewater treatment sludge. Accordingly, this final rule excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA).
Airworthiness Directives; Various Restricted Category Helicopters
Document Number: 2012-22564
Type: Rule
Date: 2012-09-13
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for various restricted category Model HH-1K, TH-1F, TH-1L, UH-1A, UH-1B, UH-1E, UH- 1F, UH-1H, UH-1L, and UH-1P helicopters with certain main rotor (M/R) blade assemblies installed, to require inspecting the grip plates, doublers, and upper and lower surfaces of the M/R blades in the area between blade stations 24.5 and 40 for an edge void, corrosion, or a crack. This AD is prompted by several reports of fatigue cracks on M/R blades installed on Bell Helicopter Textron, Inc. (Bell) Model 212 helicopters. These same part-numbered M/R blades may also be installed on certain FAA-approved modified restricted category helicopters. These actions are intended to detect an edge void, corrosion, or a crack on an M/R blade, which could lead to loss of the M/R blade and subsequent loss of control of the helicopter.
Petition for Reconsideration of Action in Rulemaking Proceeding; Correction
Document Number: 2012-22562
Type: Proposed Rule
Date: 2012-09-13
Agency: Federal Communications Commission, Agencies and Commissions
The Federal Communications Commission published a summary in the Federal Register of August 31, 2012, regarding a Petition for Reconsideration filed in a rulemaking proceeding. The summary included the incorrect deadline for filing replies to an opposition to the Petition. This document revises the deadline for replies to an opposition to the Petition.
Americans With Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles
Document Number: 2012-22554
Type: Proposed Rule
Date: 2012-09-13
Agency: Architectural and Transportation Barriers Compliance Board, Agencies and Commissions
The Architectural and Transportation Barriers Compliance Board (Access Board) is holding an information meeting in Seattle, WA on October 2, 2012 on pending rulemaking to revise and update accessibility guidelines for buses, over-the-road buses, and vans. The purpose of the meeting is to discuss issues related to the design and slope of bus ramps and the space needed at the top of ramps by individuals who use wheeled mobility devices to access the fare collection device and to turn into the main aisle.
Airworthiness Directives; Turbomeca S.A. Turboshaft Engines
Document Number: 2012-22530
Type: Proposed Rule
Date: 2012-09-13
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all Turbomeca S.A. Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, and 1S1 turboshaft engines. This proposed AD was prompted by several reports of uncommanded in-flight shutdown (IFSD) on Arriel 1 engines. This proposed AD would require performing a high gas generator speed (NG) rating vibration check. We are proposing this AD to prevent an uncommanded in-flight shut-down of the engine, which could result in an emergency landing.
Property Traded on an Established Market
Document Number: 2012-22526
Type: Rule
Date: 2012-09-13
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations that apply to determine when property is traded on an established market (that is, publicly traded) for purposes of determining the issue price of a debt instrument. The regulations amend the current regulations to clarify the circumstances that cause property to be publicly traded. The regulations also amend the current regulations for reopenings of debt instruments, potentially abusive situations, and the definition of qualified stated interest. The regulations provide guidance to issuers and holders of debt instruments.
Airworthiness Directives; Sikorsky Aircraft Corporation Helicopters
Document Number: 2012-22525
Type: Proposed Rule
Date: 2012-09-13
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier proposed airworthiness directive (AD) for the Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopter, which proposed revising the Rotorcraft Flight Manual (RFM), Operating Limitations section, to prohibit Class D external load operations, including human external cargo (HEC), because this model helicopter was not certificated to one-engine inoperative performance standards for carrying Class D external loads. This Supplemental NPRM is prompted by a recent design approval, which allows Class D external load operations if the appropriate operating limitations are included in the RFM. This proposed AD is intended to require appropriate operating limitations to allow operators to perform Class D external load-combination operations, including HEC, in this model helicopter that now meets the Category A performance standard.
Revisions to the Requirements for Authority to Manufacture and Distribute Postage Evidencing Systems
Document Number: 2012-22510
Type: Rule
Date: 2012-09-13
Agency: Postal Service, Agencies and Commissions
This rule updates the security and revenue protection features of the Computerized Meter Resetting System (CMRS) to reflect recommended changes in Sarbanes-Oxley compliance procedures.
Holiday Mobile Shopping Promotion
Document Number: 2012-22507
Type: Rule
Date: 2012-09-13
Agency: Postal Service, Agencies and Commissions
The Postal Service will revise the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) 709.3 to add a new temporary promotion during November of 2012 for Presorted and automation First-Class Mail[supreg] cards, letters, and flats, and Standard Mail[supreg] letters and flats bearing two-dimensional mobile barcodes or equivalent print technology.
Approval and Promulgation of Implementation Plans; State of Missouri; Maximum Allowable Emission of Particulate Matter From Fuel Burning Equipment Used for Indirect Heating
Document Number: 2012-22471
Type: Rule
Date: 2012-09-13
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a revision to the Missouri State Implementation Plan (SIP) to incorporate a new Missouri regulation to restrict Particulate Matter (PM) emissions from fuel burning equipment used for indirect heating. The new regulation consolidates four existing area-specific regulations into one state- wide rule for clarity. The requirements prescribed in the new regulation are as stringent as the conditions specified in the currently approved SIP with the four existing area-specific regulations. EPA has determined that the SIP revision submitted by the State of Missouri satisfies the applicable requirements of the Clean Air Act (CAA or Act).
Approval and Promulgation of Implementation Plans; State of Missouri; Maximum Allowable Emission of Particulate Matter From Fuel Burning Equipment Used for Indirect Heating
Document Number: 2012-22470
Type: Proposed Rule
Date: 2012-09-13
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Missouri to incorporate a new rule, Maximum Allowable Emissions of Particulate Matter (PM) Emissions from Fuel Burning Equipment Used for Indirect Heating. The new rule consolidates four pre-existing rules into one state-wide rule for clarity. The applicable standard addressed in this action is the PM2.5 and PM10 NAAQS promulgated by EPA in 2006. EPA is proposing this revision because the standards and requirements set by the rules will strengthen the Missouri SIP. EPA's approval of this SIP revision is being done in accordance with the requirements of the Clean Air Act (CAA).
Special Conditions: Bombardier, Model CL-600-2B16 Airplane (CL-601-3A, CL-601-3R, and CL-604 Variants); Enhanced Flight Vision System
Document Number: 2012-22468
Type: Rule
Date: 2012-09-13
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Bombardier Model CL-600-2B16 airplanes, including variants CL-601-3A, CL-601-3R and CL- 604. This airplane, as modified by Atlantic Aero, Inc., will have a novel or unusual design feature associated with an advanced, enhanced flight vision system (EFVS). The EFVS consists of a head-up display (HUD) system modified to display forward-looking infrared (FLIR) imagery. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Freedom of Information Act Regulations
Document Number: 2012-22391
Type: Proposed Rule
Date: 2012-09-13
Agency: Department of the Interior, Office of the Secretary
Unincorporated Business Entities
Document Number: 2012-22382
Type: Proposed Rule
Date: 2012-09-13
Agency: Farm Credit Administration, Agencies and Commissions
The Farm Credit Administration (FCA, we, or our) is proposing to establish a regulatory framework for Farm Credit System (System) institutions' use of unincorporated business entities (UBEs) organized under State law for certain business activities. For purposes of this proposed rule, a UBE includes limited partnerships (LPs), limited liability partnerships (LLPs), limited liability limited partnerships (LLLPs), limited liability companies (LLCs), and any other unincorporated business entities, such as unincorporated business trusts, organized under State law. This rule does not apply to UBEs that one or more System institutions may establish as Rural Business Investment Companies (RBICs) pursuant to the institutions' authority under the provisions of title VI of the Farm Security and Rural Investment Act of 2002, as amended (FSRIA), and United States Department of Agriculture (USDA) regulations implementing FSRIA. This rule does apply, however, to System institutions that organize UBEs for the express purpose of investing in RBICs.
Independent Review of Applications Required by the Healthy, Hunger-Free Kids Act of 2010
Document Number: 2012-22261
Type: Proposed Rule
Date: 2012-09-13
Agency: Department of Agriculture, Food and Nutrition Service
In accordance with Section 304 of the Healthy, Hunger-Free Kids Act of 2012, this proposed rule would require local education agencies participating in the Department's National School Lunch Program and demonstrating high levels of, or a high risk for administrative error associated with certification, verification, and other administrative processes to conduct an independent review of the initial eligibility determinations for free and reduced price school meals for accuracy prior to notifying households of eligibility or ineligibility. Additionally, this proposed rule would require each affected local educational agency to submit to the relevant State agency the results of the reviews including the number of applications subject to a second review, the number and percentage of reviewed applications for which the eligibility determinations changed, and a summary of the type of changes made. State agencies would be required to submit to the Food and Nutrition Service, a report describing the results of the second reviews in their State. This proposed rule is expected to reduce administrative errors in eligibility determinations for free and reduced price school meals.
Specifications for Medical Examinations of Underground Coal Miners
Document Number: 2012-22253
Type: Rule
Date: 2012-09-13
Agency: Department of Health and Human Services
This final rule modifies the Department of Health and Human Services (HHS) regulations for medical examinations of underground coal miners. Existing regulations established specifications for providing, interpreting, classifying, and submitting film-based roentgenograms (now commonly called chest radiographs or X-rays) of underground coal miners. The revised standards modify the requirements to permit the use of film-based radiography systems and add a parallel set of standards permitting the use of digital radiography systems. An additional amendment requires coal mine operators to provide the National Institute for Occupational Safety and Health (NIOSH) with employee rosters to assist the Coal Workers' Health Surveillance Program in improving participation by miners.
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