October 2, 2012 – Federal Register Recent Federal Regulation Documents

Shippers-General Requirements for Shipments and Packagings
Document Number: 2012-24294
Type: Rule
Date: 2012-10-02
Agency: Department of Transportation
Margin and Capital Requirements for Covered Swap Entities; Reopening of Comment Period
Document Number: 2012-24276
Type: Proposed Rule
Date: 2012-10-02
Agency: Farm Credit Administration, Agencies and Commissions, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Department of Treasury, Department of the Treasury, Federal Housing Finance Agency, Board of Governors of the Federal Reserve System
The OCC, Board, FDIC, FCA, and FHFA (collectively, the Agencies) are reopening the comment period for the proposed rule published in the Federal Register on May 11, 2011 (76 FR 27564) to establish minimum margin and capital requirements for uncleared swaps and security-based swaps entered into by swap dealers, major swap participants, security-based swap dealers, and major security-based swap participants for which one of the Agencies is the prudential regulator (Proposed Margin Rule). Reopening the comment period that expired on July 11, 2011 will allow interested persons additional time to analyze and comment on the Proposed Margin Rule in light of the consultative document on margin requirements for non-centrally-cleared derivatives recently published for comment by the Basel Committee on Banking Supervision (BCBS) and the International Organization of Securities Commissions (IOSCO).
Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date
Document Number: 2012-24264
Type: Rule
Date: 2012-10-02
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule, in response to recently enacted legislation that prohibits any funds from being used to implement the Wage Rule for the first 6 months of fiscal year (FY) 2013. The Wage Rule revised the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status.
Heating, Cooling, and Lighting Standards for Bureau-Funded Dormitory Facilities
Document Number: 2012-24258
Type: Rule
Date: 2012-10-02
Agency: Department of the Interior, Bureau of Indian Affairs
The Bureau of Indian Affairs (BIA) is confirming the interim final rule published and effective on May 24, 2012, addressing heating, cooling, and lighting standards for Bureau-funded dormitory facilities. This rule was developed through negotiated rulemaking, as required by the No Child Left Behind Act of 2001. The May 24, 2012, publication stated that the BIA would review comments on the interim final rule and either confirm the rule or initiate a proposed rulemaking. BIA did not receive any adverse comments, and therefore confirms the rule without change.
Adjustment of Civil Monetary Penalties for Inflation
Document Number: 2012-24248
Type: Rule
Date: 2012-10-02
Agency: Department of Education
The Department of Education (Department) issues these final regulations to adjust the Department's civil monetary penalties (CMPs) for inflation, as required by the Federal Civil Penalties Inflation Adjustment Act of 1990.
Approval and Promulgation of Air Quality Implementation Plans; Delaware, New Jersey, and Pennsylvania; Determination of Attainment of the 2006 24-Hour Fine Particulate Standard for the Philadelphia-Wilmington, PA-NJ-DE Nonattainment Area
Document Number: 2012-24246
Type: Proposed Rule
Date: 2012-10-02
Agency: Environmental Protection Agency
EPA is proposing to make a determination of attainment regarding the Philadelphia-Wilmington, PA-NJ-DE fine particulate (PM2.5) nonattainment area (hereafter referred to as ``the Philadelphia Area'' or ``the Area''). EPA is proposing to determine that the Philadelphia Area has attained the 2006 24-hour PM2.5 National Ambient Air Quality Standard (NAAQS), based upon complete, quality-assured and certified ambient air monitoring data for the 2008-2010 and 2009-2011 periods and upon preliminary data available to date for 2012. If EPA finalizes this proposed determination of attainment, the requirements for the Area to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plan (SIP) revisions related to the attainment of the standard shall be suspended for so long as the Area continues to attain the 2006 24- hour PM2.5 NAAQS. This action is being taken under the Clean Air Act (CAA). This action does not constitute a redesignation to attainment under the CAA. The designation status of the Philadelphia Area will remain nonattainment for the 2006 24-hour PM2.5 NAAQS until such time as EPA determines that the Philadelphia Area meets the CAA requirements for redesignation to attainment, including an approved maintenance plan.
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; The 2002 Base Year Inventory for the Parkersburg Area
Document Number: 2012-24244
Type: Proposed Rule
Date: 2012-10-02
Agency: Environmental Protection Agency
EPA is proposing to approve the fine particulate matter (PM2.5) 2002 base year emissions inventory portion of the West Virginia State Implementation Plan (SIP) revision submitted by the State of West Virginia, through the West Virginia Department of Environmental Protection (WVDEP), on September 9, 2008 for the Parkersburg-Marietta, WV-OH nonattainment area (hereafter referred to as the Parkersburg Area or Area). The emissions inventory is part of the West Virginia September 9, 2008 SIP revision that was submitted to meet nonattainment requirements related to West Virginia's portion of the Parkersburg Area for the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS) SIP. EPA is proposing to approve the 2002 base year PM2.5 emissions inventory for the Parkersburg Area in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; The 2002 Base Year Inventory for the Charleston Area
Document Number: 2012-24242
Type: Proposed Rule
Date: 2012-10-02
Agency: Environmental Protection Agency
EPA is proposing to approve the fine particulate matter (PM2.5) 2002 base year emissions inventory portion of the West Virginia State Implementation Plan (SIP) revision submitted by the State of West Virginia (WV), through the West Virginia Department of Environmental Protection (WVDEP), on November 4, 2009 for the Charleston, WV nonattainment area (hereafter referred to as the Charleston Area or Area). The emissions inventory is part of the West Virginia November 4, 2009 SIP revision that was submitted to meet nonattainment requirements related to the Charleston Area for the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS) SIP. EPA is proposing to approve the 2002 base year PM2.5 emissions inventory for the Charleston Area in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; The 2002 Base Year Inventory for the Huntington Area
Document Number: 2012-24240
Type: Proposed Rule
Date: 2012-10-02
Agency: Environmental Protection Agency
EPA is proposing to approve the fine particulate matter (PM2.5) 2002 base year emissions inventory portion of the West Virginia State Implementation Plan (SIP) revision submitted by the State of West Virginia, through the West Virginia Department of Environmental Protection (WVDEP), on May 28, 2009 for the Huntington- Ashland, WV-KY-OH nonattainment area (hereafter referred to as the Huntington Area). The emissions inventory is part of the West Virginia May 28, 2009 SIP revision that was submitted to meet nonattainment requirements related to West Virginia's portion of the Huntington Area for the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS) SIP. EPA is proposing to approve the 2002 base year PM2.5 emissions inventory for the Huntington Area in accordance with the requirements of the Clean Air Act (CAA).
Special Regulations; Areas of the National Park System, Saguaro National Park, Bicycling
Document Number: 2012-24231
Type: Rule
Date: 2012-10-02
Agency: Department of the Interior, National Park Service
This rule designates the Hope Camp Trail as a route for bicycle use and allows for management of bicycle use within Saguaro National Park. Further, the rule meets the provision of the National Park Service general regulation pertaining to bicycles requiring promulgation of a special regulation to designate bicycle routes outside of developed areas.
Non-Power Reactor License Renewal
Document Number: 2012-24221
Type: Rule
Date: 2012-10-02
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is publishing the final regulatory basis for rulemaking to streamline non-power reactor license renewal. This final regulatory basis incorporates input from the public, licensees, certificate holders, and other stakeholders provided during the public comment period that ended July 31, 2012. This regulatory basis provides the technical basis to support proceeding with rulemaking to streamline and enhance the Research and Test Reactor (RTR) License Renewal Process. This contemplated rulemaking also recommends conforming changes to address technical issues in existing non-power reactor regulations. The NRC has developed a final technical basis for this proposed rulemaking that describes the agency's overall objectives, conceptual approaches, potential solutions, integration with agency strategic goals, and related technical and regulatory clarity issues.
Airworthiness Directives; Cessna Aircraft Company Airplanes
Document Number: 2012-24207
Type: Proposed Rule
Date: 2012-10-02
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) that applies to certain Cessna Aircraft Company (Cessna) Models 172R, 172S, 182S, 182T, T182T, 206H, and T206H airplanes. The existing AD currently requires an inspection of the engine oil pressure switch and, if applicable, replacement of the engine oil pressure switch. Since we issued that AD, we have received new reports of internal failure of the engine oil pressure switch, which could result in complete loss of engine oil with consequent partial or complete loss of engine power or fire. This proposed AD would increase the applicability of the AD and place a life-limit of 3,000 hours time-in-service on the engine oil pressure switch, requiring replacement when the engine oil pressure switch reaches its life limit. We are proposing this AD to correct the unsafe condition on these products.
Safety Zone; Research Vessel SIKULIAQ Launch, Marinette, WI
Document Number: 2012-24198
Type: Rule
Date: 2012-10-02
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the Menominee River in Marinette Wisconsin. This zone is intended to restrict vessels from a portion of Menominee River during the launching of the Research vessel SIKULIAQ, on October 13th, 2012. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the launching of this 261 foot, research vessel.
Airworthiness Directives; Airbus Airplanes
Document Number: 2012-24175
Type: Proposed Rule
Date: 2012-10-02
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) that applies to certain Airbus Model A318, A319, A320, and A321 series airplanes. The existing AD currently requires one-time and repetitive inspections of specific areas and, when necessary, corrective actions for those rudders where production rework has been identified. Since we issued that AD, we have determined that additional inspections and corrective actions are necessary to address the identified unsafe condition, and that additional airplanes with certain rudders are subject to the identified unsafe condition. This proposed AD would add airplanes with certain rudders to the AD applicability; change an inspection type for certain reinforced rudder areas; require pre-inspections and repairs if needed; and require permanent restoration of vacuum loss holes. This proposed AD would also require additional inspections for certain rudders and repair if needed; and require replacement of certain rudders with new rudders. We are proposing this AD to detect and correct extended de-bonding, which might degrade the structural integrity of the rudder. The loss of the rudder leads to degradation of the handling qualities and reduces the controllability of the airplane.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2012-24174
Type: Proposed Rule
Date: 2012-10-02
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This proposed AD was prompted by reports of engine fire/overheat detector assemblies advance pneumatic detectors (APDs) failing to reset after activation due to permanent deformation of the detector switch diaphragm after being exposed to high temperatures. This proposed AD would require replacing all three APDs with new detector assemblies. We are proposing this AD to prevent a continued engine fire indication in the cockpit after the actual fire has been extinguished, which is misleading and may influence the pilot to conduct a potentially hazardous ``off-airport'' landing.
Airworthiness Directives; Saab AB, Saab Aerosystems Airplanes
Document Number: 2012-24173
Type: Proposed Rule
Date: 2012-10-02
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all Saab AB, Saab Aerosystems Model SAAB 2000 airplanes. This proposed AD was prompted by reports of chafing on the bottom panel of the center cabin. This proposed AD would require doing a general visual inspection to determine if certain fasteners are installed, and related investigative and corrective actions. We are proposing this AD to detect and correct any chafing on the bottom panel of the center cabin, which could affect the structural integrity of the affected wing-to- fuselage connection.
Airworthiness Directives; Airbus Airplanes
Document Number: 2012-24172
Type: Proposed Rule
Date: 2012-10-02
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) that applies to all Airbus Model A330-200 and -300 series airplanes, and Model A340-200 and -300 series airplanes. The existing AD currently requires repetitive inspections to detect discrepancies of the transfer tubes and the collar of the ball nut of the trimmable horizontal stabilizer actuator (THSA), and corrective action if necessary; repetitive inspections for discrepancies of the ball screw assembly, and corrective action if necessary; repetitive greasing of the THSA ball nut, and replacement of the THSA if necessary; and modification or replacement (as applicable) of the ball nut assembly, which would end certain repetitive inspections. Since we issued that AD, we have determined the repetitive inspections of the ball screw assembly (and corrective action if necessary) and repetitive greasing is needed for additional THSA nuts. This proposed AD would remove certain inspections, revise certain actions, and add airplanes to the applicability. We are proposing this AD to prevent degraded operation of the THSA, which could result in reduced controllability of the airplane.
Safety Zone; DeStefano Wedding Fireworks Display, Patchogue Bay, Patchogue, NY
Document Number: 2012-24166
Type: Rule
Date: 2012-10-02
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the navigable waters of Patchogue Bay, in Patchogue, NY for the DeStefano family wedding fireworks display. This action is necessary to provide for the safety of life on navigable waters during the event. Entering into, transiting through, remaining, anchoring or mooring within this regulated area is prohibited unless authorized by the Captain of the Port (COTP) Sector Long Island Sound.
Adding International Energy Efficiency (IEE) Certificate to List of Certificates a Recognized Classification Society May Issue
Document Number: 2012-24165
Type: Proposed Rule
Date: 2012-10-02
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to amend its Vessel Inspection Alternatives regulations to add the International Energy Efficiency (IEE) Certificate to the list of certificates that a recognized classification society may issue on behalf of the Coast Guard. We make this proposal because Annex VI of the International Convention for the Prevention of Pollution by Ships, 1973, as modified by the Protocol of 1978, has been amended to address energy efficiency for ships, and these amendments call for the issuance of IEE Certificates starting January 1, 2013. This proposed rule would enable recognized classification societies to apply to the Coast Guard to issue IEE Certificates to vessel owners and help to ensure that the demand for IEE Certificates is met.
Anchorages; Captain of the Port Puget Sound Zone, WA
Document Number: 2012-24164
Type: Proposed Rule
Date: 2012-10-02
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to make five general anchorage areas smaller. It also proposes administrative changes that would rename 33 CFR 110.230, reorganize it by incorporating 33 CFR 110.229, and modify the descriptions of four general anchorages. These changes will clarify to the general public the boundaries and requirements of anchorages, and enhance safety by ensuring good order and predictability within the anchorages of the Captain of the Port (COTP) Puget Sound zone.
Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL
Document Number: 2012-24163
Type: Rule
Date: 2012-10-02
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce a segment of the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, Calumet-Saganashkee Channel on all waters of the Chicago Sanitary and Ship Canal from Mile Marker 296.1 to Mile Marker 296.7 at various times from October 8, 2012 through October 12, 2012. This action is necessary to protect the waterways, waterway users, and vessels from hazards associated with the Army Corp of Engineers' barge safety testing operations. During any of the below listed enforcement periods, entry into, transiting, mooring, laying-up or anchoring within the enforced area of this safety zone by any person or vessel is prohibited unless authorized by the Captain of the Port, Sector Lake Michigan, or his or her designated representative.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Requirements for Prevention of Significant Deterioration and Nonattainment New Source Review; Fine Particulate Matter (PM2.5
Document Number: 2012-24095
Type: Rule
Date: 2012-10-02
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware on March 14, 2012. This SIP revision pertaining to Delaware's Prevention of Significant Deterioration (PSD) and nonattainment New Source Review (NSR) programs incorporates preconstruction permitting requirements for fine particulate matter (PM2.5) into the Delaware SIP. In addition, EPA is approving SIP revisions and portions of SIP submissions for the purpose of determining that Delaware has met its statutory obligations with respect to the infrastructure requirements of the Clean Air Act (CAA) which relate to Delaware's PSD permitting program and are necessary to implement, maintain, and enforce the 1997 national ambient air quality standards (NAAQS) for PM2.5 and ozone, the 2006 PM2.5 NAAQS, and the 2008 lead NAAQS. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).
Endangered and Threatened Wildlife and Plants; 12-Month Petition Finding, Listing of the Spring Pygmy Sunfish as Threatened, and Designation of Critical Habitat
Document Number: 2012-23854
Type: Proposed Rule
Date: 2012-10-02
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the spring pygmy sunfish (Elassoma alabamae) as threatened under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat. After review of all available scientific and commercial information, we find that listing the spring pygmy sunfish as a threatened species under the Act is warranted. Accordingly, we propose to list the spring pygmy sunfish as a threatened species throughout its range and designate critical habitat for the species under the Act. In total, we propose approximately 8 stream miles (mi) (12.9 kilometers (km)) and 1,617 acres (ac) (654.4 hectares (ha)) of spring pool and spring-influenced wetland in Limestone County, Alabama, for designation as critical habitat.
Endangered and Threatened Wildlife and Plants; Removal of the Valley Elderberry Longhorn Beetle From the Federal List of Endangered and Threatened Wildlife
Document Number: 2012-23843
Type: Proposed Rule
Date: 2012-10-02
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to remove the valley elderberry longhorn beetle (Desmocerus californicus dimorphus) from the Federal List of Endangered and Threatened Wildlife. This action is based on a review of the best available scientific and commercial data, which indicates that the subspecies no longer meets the definition of endangered or threatened under the Endangered Species Act of 1973, as amended (Act). This proposed rule, if made final, would remove the valley elderberry longhorn beetle as a threatened species from the List of Endangered and Threatened Wildlife, and would remove the designation of critical habitat for the subspecies. This document also constitutes our 12-month finding on a petition to delist the valley elderberry longhorn beetle.
Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for Coral Pink Sand Dunes Tiger Beetle and Designation of Critical Habitat
Document Number: 2012-23741
Type: Proposed Rule
Date: 2012-10-02
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service) propose to list the Coral Pink Sand Dunes tiger beetle, Cicindela albissima, as a threatened species under the Endangered Species Act of 1973, as amended (Act); and propose to designate critical habitat for the species. In total, approximately 921 hectares (2,276 acres) are being proposed for designation as critical habitat. The proposed critical habitat is located in Kane County, Utah.
Availability of Records; Correction
Document Number: 2012-22512
Type: Rule
Date: 2012-10-02
Agency: Federal Retirement Thrift Investment Board, Agencies and Commissions
The Federal Retirement Thrift Investment Board (Agency) published a direct final rule in the February 27, 2012, Federal Register, pursuant to the Privacy Act of 1974, as amended, to permit Freedom of Information Act (FOIA) requests via electronic mail and facsimile. The direct final rule was published with an incorrect facsimile number. This facsimile number publication was a technical error, and is hereby corrected.
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