September 2012 – Federal Register Recent Federal Regulation Documents

The U.S. Nuclear Regulatory Commission (NRC) will consider the issue raised in the petition for rulemaking (PRM) submitted by Annette User, on behalf of GE Osmonics, Inc. (GE or the petitioner), in the rulemaking process. The petitioner requests that the NRC amend its regulations regarding the commercial distribution of byproduct material to allow recipients of exempt quantities of polymer (polycarbonate or polyester) track etch (PCTE) membranes that have been irradiated with mixed fission products (MFP) to commercially redistribute the material without a license. In its review of the PRM, the NRC concluded that the petitioner raised a valid issue concerning regulatory control of the commercial distribution of PCTE membranes that the NRC will consider in its rulemaking process.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor for three abbreviated new animal drug applications (ANADAs) from Teva Animal Health, Inc., to Phibro Animal Health Corp. FDA is also amending the regulations to reflect a change of sponsor's address for Phibro Animal Health Corp. and for Eka Chemicals, Inc.

The U.S. Small Business Administration (SBA) is correcting an interim final rule that appeared in the Federal Register on August 20, 2012 (75 FR 49991). The document amended SBA's Small Business Size Regulations by incorporating the Office of Management and Budget's 2012 modifications of the North American Industry Classification System (NAICS) into its table of small business size standards. In addition, the document revised the definitions of some NAICS 2007 industries, deleted others, and aggregated a number of closely related industries and activities into other new or revised industries. SBA will adopt the changes effective with the beginning of the Federal Government's first new fiscal year (October 1, 2012) following the revisions.

This action proposes to amend Class E airspace at Sault Ste Marie, ON. Changes to controlled airspace are necessary to coincide with the Canadian control zone over Sault Ste Marie Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.

We propose to supersede an existing airworthiness directive (AD) that applies to all Pratt & Whitney Canada Corp. (P&WC) PW118, PW118A, PW118B, PW119B, PW119C, PW120, PW120A, PW121, PW121A, PW123, PW123B, PW123C, PW123D, PW123E, PW123AF, PW124B, PW125B, PW126A, PW127, PW127E, PW127F, PW127G, and PW127M turboprop engines. The existing AD currently requires initial and repetitive inspections of certain serial numbers (S/Ns) of propeller shafts for cracks and removal from service if found cracked. Since we issued that AD, we determined the need to add a mandatory terminating action for the repetitive inspections. This proposed AD would require initial and repetitive inspections of certain S/Ns of propeller shafts for cracks and removal from service if found cracked, and would require removal from service of affected propeller shafts as mandatory terminating action to the repetitive inspections. We are proposing this AD to detect propeller shaft cracks, which could cause failure of the shaft, propeller release, and loss of control of the airplane.

EPA is proposing determinations relating to 1997 8-hour ozone nonattainment areas in California. First, EPA is proposing to determine that six 8-hour ozone nonattainment areas in California (Amador and Calaveras Counties, Chico, Kern County, Mariposa and Tuolumne Counties, Nevada County, and Sutter County) (``six CA areas'') attained the 1997 8-hour ozone national ambient air quality standard (NAAQS) by their applicable attainment dates. Second, in making these proposed determinations for Mariposa and Tuolumne Counties and Nevada County, EPA is also proposing to grant them one-year attainment date extensions. Lastly, EPA is proposing to determine that the six CA areas and the Ventura County 8-hour ozone nonattainment area in CA have attained and continue to attain the 1997 8-hour ozone NAAQS based on the most recent three years of data. Under the provisions of EPA's ozone implementation rule, these proposed determinations suspend the requirements for these areas to submit revisions to the state implementation plan related to attainment of the 1997 8-hour ozone standard for as long as these areas continue to meet the 1997 8-hour ozone NAAQS.

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

We are adopting a new airworthiness directive (AD) for all Rolls-Royce plc (RR) RB211-Trent 800 series turbofan engines. This AD requires removing from service certain intermediate pressure (IP) turbine discs that have a serial number listed in this AD. This AD was prompted by RR performing an evaluation that determined that the current lives for certain IP turbine discs with a steel inclusion may fail before they reach their current mandatory life limits. We are issuing this AD to prevent failure of the IP turbine disc, which could result in uncontained failure of the engine and damage to the airplane.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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).

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.

The Coast Guard is establishing a safety zone upon specified waters of the Potomac River. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from a floating platform located within the National Harbor Access Channel at Oxon Hill in Prince Georges County, Maryland. This safety zone is intended to protect the maritime public in a portion of the Potomac River.

This action proposes to establish Class D airspace and Class E airspace at Camp Guernsey Airport, Camp Guernsey, WY. The establishment of an air traffic control tower has made this action necessary for the safety and management of Instrument Flight Rules (IFR) aircraft within this airspace.