October 17, 2012 – Federal Register Recent Federal Regulation Documents

Special Local Regulations; Palm Beach World Championship, Atlantic Ocean; Jupiter, FL
Document Number: 2012-25646
Type: Rule
Date: 2012-10-17
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a special local regulation on the waters of the Atlantic Ocean, between East Indiantown Road and Donald Ross Road, just offshore of Jupiter, Florida during the Palm Beach World Championship, a high speed power boat race. The Palm Beach World Championship is scheduled to take place on Friday, October 19, and Sunday, October 21, 2012. The high speed power boat race event will include approximately 50 high speed power boat participants and 250 spectator vessels. The special local regulation is necessary to provide safety for the participants, spectators, and general public in and near the race area during the event. The special local regulation will encompass the following two areas: a race area, where all persons and vessels, except those persons and vessels participating in or assisting the high speed boat races, are prohibited from entering, transiting through, anchoring in, or remaining within; and a spectator area, where vessels are permitted to anchor.
Special Local Regulations; 2012 Ironman 70.3 Miami, Biscayne Bay; Miami, FL
Document Number: 2012-25570
Type: Rule
Date: 2012-10-17
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a special local regulation on the waters of Biscayne Bay, east of Bayfront Park, in Miami, Florida during the 2012 Ironman 70.3 Miami, a triathlon. The Ironman 70.3 Miami is scheduled to take place on Sunday, October 28, 2012. Approximately 2,500 participants are anticipated to participate in the swim. No spectators are expected to be present during the event. The special local regulation is necessary to provide for the safety of the participants, participant vessels, and the general public on the navigable waters of the United States during the event. The special local regulation establishes an area that will encompass the event area. Non-participant persons and vessels will be prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Miami or a designated representative.
Fisheries of the Exclusive Economic Zone Off Alaska; Monitoring and Enforcement Requirements in the Bering Sea and Aleutian Islands Freezer Longline Fleet; Correction
Document Number: 2012-25567
Type: Rule
Date: 2012-10-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is correcting a final rule that published on September 26, 2012, modifying equipment and operational requirements for freezer longliners (catcher/processors) named on License Limitation Program (LLP) licenses endorsed to catch and process Pacific cod at sea with hook-and-line gear in the Bering Sea and Aleutian Islands Management Area (BSAI). This final rule removes Western Alaska Community Development Quota (CDQ) collection-of-information requirements under OMB control number 0648-0269 for the alternative fishing plan and its public reporting burden per response of 4 hours, because the alternative fishing plan regulations are no longer necessary.
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Biennial Specifications and Management Measures; Inseason Adjustments
Document Number: 2012-25566
Type: Rule
Date: 2012-10-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final rule announces inseason changes to management measures in the Pacific Coast groundfish fisheries. This action, which is authorized by the Pacific Coast Groundfish Fishery Management Plan (PCGFMP), is intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.
Suspension of Community Eligibility
Document Number: 2012-25557
Type: Rule
Date: 2012-10-17
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.
Safety Zone; Bridge Demolition Project; Indiana Harbor Canal, East Chicago, IN
Document Number: 2012-25552
Type: Rule
Date: 2012-10-17
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the Indiana Harbor Canal in East Chicago, Indiana. This safety zone is intended to restrict vessels from a portion of the Indiana Harbor Canal due to the Demolition Project on the Cline Avenue Bridge. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the demolition project.
Implementation of Full-Service Intelligent Mail Requirements for Automation Prices
Document Number: 2012-25551
Type: Proposed Rule
Date: 2012-10-17
Agency: Postal Service, Agencies and Commissions
The Postal Service is proposing to revise Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) throughout various sections to modify eligibility requirements for mailers to obtain automation prices for First-Class Mail[supreg], Standard Mail[supreg], Periodicals[supreg], and Bound Printed Matter[supreg] when mailing postcards, letters, and flats. Effective January 2014, use of ``full-service'' Intelligent Mail[supreg] would be required to obtain automation prices. Additionally, the 10/24 transitional barcoded tray label format would be eliminated and mailers would be required to use the 24-digit Intelligent Mail barcode (IMbTM) format on tray, tub, and sack labels.
Drawbridge Operation Regulation; Schuylkill River, Philadelphia, PA
Document Number: 2012-25550
Type: Rule
Date: 2012-10-17
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is changing the regulation that governs the operation of the Conrail Bridge over the Schuylkill River, mile 6.4 near Christian Street, at Philadelphia, PA. The new rule will change the bridge name to CSX Bridge and the current regulation requiring a two hour advance notice to allow the bridge to remain in the closed position for the passage of vessels. There have been no requests for openings in 13 years.
Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on a Commodity
Document Number: 2012-25549
Type: Proposed Rule
Date: 2012-10-17
Agency: Environmental Protection Agency
This document announces the Agency's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on the food commodity, wheat, grain.
Buprofezin; Pesticide Tolerances
Document Number: 2012-25548
Type: Rule
Date: 2012-10-17
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of the insecticide buprofezin in or on multiple commodities which are identified and discussed later in this document. In addition, this regulation removes established tolerances for certain commodities/ groups superseded by this action, and corrects the spelling of some commodities. The Interregional Research Project 4 (IR-4) and Nichino America Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Fixed and Moving Safety Zone; Around the USACE Bank Grading Units, Mat Sinking Unit, and the M/V Harrison and M/V William James
Document Number: 2012-25543
Type: Rule
Date: 2012-10-17
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary fixed and moving safety zone for all waters within 100 yards of the US Army Corps of Engineers (USACE) Bank Grading Units, Mat Sinking Unit and M/V Harrison and M/V William James while operating on the Mississippi River. This safety zone is needed to protect vessels and mariners from the safety hazards associated with bank grading and mat sinking operations performed by the USACE. Entry into this zone is prohibited unless specifically authorized by the cognizant Captain of the Port (COTP) (COTP Lower Mississippi River for MM 303.0 to MM 869.0 or COTP Ohio Valley MM 869.0 to MM 958.0) or a designated representative.
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway (AIWW), Newport River, Morehead City, NC
Document Number: 2012-25540
Type: Rule
Date: 2012-10-17
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is temporarily changing the operating schedule that governs the Carolina Coastal Railroad Bridge, at AIWW mile 203.8, across Newport River in Morehead City, NC. This bridge is presently maintained in the open position except when closure is necessary for train crossings. This change would allow the bridge to remain closed at night so that necessary repairs may be made while still providing for the reasonable needs of navigation.
Drawbridge Operation Regulations; Old River, Orwood, CA
Document Number: 2012-25539
Type: Rule
Date: 2012-10-17
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is canceling the temporary deviation concerning the Burlington Northern & Santa Fe Railroad (BNSF) Drawbridge across Old River, mile 10.4, at Orwood, CA. This cancellation was requested by the bridge owner due to their inability to operate the BNSF Middle River drawbridge as an alternative path for navigation.
Security Zone; James River, Kingsmill Resort, Williamsburg, VA
Document Number: 2012-25535
Type: Rule
Date: 2012-10-17
Agency: Coast Guard, Department of Homeland Security
The U.S. Coast Guard is establishing a temporary security zone on the James River in the vicinity of Kingsmill Resort Marina, Williamsburg, VA during a visit by The President of the United States. This security zone will prohibit unauthorized vessels and people from entering or remaining in the security zone without permission from the Captain of the Port or designated representative. This security zone is necessary to provide security for The President of the United States.
Schedules of Controlled Substances: Placement of Methylone Into Schedule I
Document Number: 2012-25509
Type: Proposed Rule
Date: 2012-10-17
Agency: Drug Enforcement Administration, Department of Justice
The Drug Enforcement Administration (DEA) proposes placing 3,4-methylenedioxy-N-methylcathinone (methylone) including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, into Schedule I of the Controlled Substances Act (CSA). This proposed action is pursuant to the CSA which requires that such actions be made on the record after opportunity for a hearing through formal rulemaking.
Regulatory Capital Rules: Standardized Approach for Risk-Weighted Assets; Market Discipline and Disclosure Requirements; Initial Regulatory Flexibility Analysis
Document Number: 2012-25495
Type: Proposed Rule
Date: 2012-10-17
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
On August 30, 2012, the Federal Deposit Insurance Corporation (FDIC), together with the Board of Governors of the Federal Reserve System (FRB) and Office of the Comptroller of the Currency (OCC) (together, the agencies) published in the Federal Register a joint notice of proposed rulemaking, titled, ``Regulatory Capital Rules: Standardized Approach for Risk-Weighted Assets; Market Discipline and Disclosure Requirements'' (Standardized Approach NPR or Proposed Rule). The Proposed Rule would revise and harmonize the agencies' rules for calculating risk-weighted assets to enhance risk-sensitivity and address weaknesses identified over recent years, including by incorporating certain international capital standards of the Basel Committee on Banking Supervision (BCBS) set forth in the standardized approach of the international accord titled, ``International Convergency of Capital Measurement and Capital Standards: A Revised Framework'', as revised by the BCBS in 2006 and 2009, as well as other proposals set forth in consultative papers of the BCBS. Section 3(a) of the Regulatory Flexibility Act (RFA) directs all federal agencies to publish an initial regulatory flexibility analysis (IRFA), or a summary thereof, describing the impact of a proposed rule on small entities anytime an agency is required to publish a notice of proposed rulemaking in the Federal Register. As provided in the Standardized Approach NPR, the agencies are separately publishing initial regulatory flexibility analyses for the Proposed Rule. Accordingly, the FDIC is seeking comment on the IRFA provided in this Federal Register document, which describes the economic impact of the Standardized Approach NPR, in accordance with the requirements of the RFA. Comments received in connection with this IRFA will be considered for purposes of the development of any final rule to implement the Standardized Approach NPR.
Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2013 Rates; Hospitals' Resident Caps for Graduate Medical Education Payment Purposes; Quality Reporting Requirements for Specific Providers and for Ambulatory Surgical Centers; Correcting Amendment
Document Number: 2012-25464
Type: Rule
Date: 2012-10-17
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This document corrects technical errors in the regulations text of the final rule that appeared in the August 31, 2012 Federal Register entitled ``Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2013 Rates; Hospitals' Resident Caps for Graduate Medical Education Payment Purposes; Quality Reporting Requirements for Specific Providers and for Ambulatory Surgical Centers'' (hereinafter referred to as the FY 2013 IPPS/LTCH PPS final rule).
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Prevention of Significant Deterioration
Document Number: 2012-25386
Type: Rule
Date: 2012-10-17
Agency: Environmental Protection Agency
EPA is granting full approval of revisions to the West Virginia State Implementation Plan (SIP), submitted by the State of West Virginia through the West Virginia Department of Environmental Protection (WVDEP) on August 31, 2011, with the exception of the narrow issue of the requirement to include condensable emissions of particulate matter (condensables) in the definition of ``regulated NSR pollutant'' in the State's Prevention of Significant Deterioration (PSD) program. These revisions pertaining to West Virginia's PSD program incorporate preconstruction permitting regulations for fine particulate matter (PM2.5) and Greenhouse Gases (GHGs) into the West Virginia SIP. In light of a comment received on the July 31, 2012 proposed rule, EPA is reviewing West Virginia State Rule 45CSR14 to determine the extent to which its definition of ``regulated NSR pollutant'' satisfies the corresponding Federal definition, and will address this issue in a separate action. In addition, EPA is granting full approval of the PSD portions of other related infrastructure submissions required by the Clean Air Act (CAA) which are necessary to implement, maintain, and enforce the 1997 PM2.5 and ozone National Ambient Air Quality Standards (NAAQS), the 2006 PM2.5 NAAQS, and the 2008 lead and ozone NAAQS, with the exception of the narrow issue of the requirement to include condensables in the definition of ``regulated NSR pollutant.'' EPA will address this issue in a separate action. EPA is granting approval of these revisions in accordance with the requirements of the CAA.
Revisions to the California State Implementation Plan, Sacramento Metropolitan Air Quality Management District
Document Number: 2012-25383
Type: Rule
Date: 2012-10-17
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan (SIP). These revisions concern negative declarations for volatile organic compound (VOC) source categories for the SMAQMD. We are approving these negative declarations under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, Sacramento Metropolitan Air Quality Management Districts
Document Number: 2012-25381
Type: Proposed Rule
Date: 2012-10-17
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan (SIP). These revisions concern negative declarations for volatile organic compound (VOC) source categories for the SMAQMD. We are proposing to approve these negative declarations under the Clean Air Act as amended in 1990 (CAA or the Act).
Influenza Viruses Containing the Hemagglutinin from the Goose/Guangdong/1/96 Lineage
Document Number: 2012-25377
Type: Proposed Rule
Date: 2012-10-17
Agency: Department of Health and Human Services
The Centers for Disease Control and Prevention (CDC) within the Department of Health and Human Services (HHS) announces the opening of a docket to obtain information and comments from the public to questions concerning highly pathogenic avian influenza (HPAI) H5N1 viruses that contain a hemagglutinin (HA) from the Goose/Guangdong/1/96 lineage, and their potential to pose a severe threat to public health and safety. This information will be considered in a determination of whether such viruses should be listed as HHS select agents, by revising the HHS Select Agent Regulations (42 CFR Part 73).
Airworthiness Directives; Piaggio Aero Industries S.p.A.
Document Number: 2012-25254
Type: Rule
Date: 2012-10-17
Agency: Federal Aviation Administration, Department of Transportation
We are rescinding an airworthiness directive (AD) for all Piaggio Aero Industries S.p.A Model P-180 airplanes. That AD was prompted by mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Italy. We issued that AD to prevent the brake hydraulic fluid from leaking because of the brake assembly rods contacting the brake valve tubing, which could result in the inability to adequately stop the airplane during ground operations. Since we issued that AD, we have determined this is no longer an unsafe condition and that regularly scheduled annual inspections address this subject.
Extension of the Commission's Rules Regarding Outage Reporting to Interconnected Voice Over Internet Protocol Service Providers and Broadband Internet Service Providers
Document Number: 2012-25201
Type: Rule
Date: 2012-10-17
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period that expires on September 30, 2015, the information collection associated with the Commission's rules in the Extension of the Commission's Rules Regarding Outage Reporting to Interconnected Voice Over Internet Protocol Service Providers and Broadband Internet Service Providers Report and Order (Order). This notice is consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2012-25108
Type: Rule
Date: 2012-10-17
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted by reports of alternating current (AC) generator failures in-service due to incomplete fusion in the weld joint of the rotor band assembly. This AD requires inspecting the AC generator to determine the part number, and replacing the AC generator if necessary. We are issuing this AD to prevent rotor windings from coming in contact with the generator housing, which could result in debris contaminating and potentially blocking the engine oil scavenge system, leading to loss of oil pressure and an in-flight shutdown of the engine.
Airworthiness Directives; Airbus Airplanes
Document Number: 2012-24953
Type: Rule
Date: 2012-10-17
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) for all Airbus Model A318-111 and -112 airplanes; and all Model A319, A320, and A321 series airplanes. That AD currently requires revising the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. This new AD requires revising the maintenance program to incorporate revised fuel maintenance and inspection tasks, and adds airplanes to the applicability. This AD was prompted by Airbus issuing more restrictive maintenance requirements and/or airworthiness limitations. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2012-24949
Type: Rule
Date: 2012-10-17
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-200 and -200C series airplanes. This AD was prompted by a report of elevator vibration and bearing swage failures. This AD requires, for certain airplanes, repetitive inspections for any discrepancies (such as a gap or a loose spacer) of the aft attach lugs for the elevator tab control mechanism, and replacement if necessary; and, for other airplanes, contacting the FAA for inspection or repair instructions and doing the work specified in those instructions. We are issuing this AD to detect and correct discrepancies in the aft attach lugs for the elevator tab control mechanism, which could result in elevator and tab vibration. Consequent structural failure of the elevator or horizontal stabilizer could result in loss of structural integrity and loss of airplane control.
Endangered and Threatened Wildlife and Plants; Listing 15 Species on Hawaii Island as Endangered and Designating Critical Habitat for 3 Species
Document Number: 2012-24550
Type: Proposed Rule
Date: 2012-10-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list 15 species on the Hawaiian island of Hawaii as endangered species under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat for 1 of these species. For the remaining 14 species that we are proposing to list in this rule, we find that critical habitat is not determinable at this time. We also propose to designate critical habitat for two plant species that were listed as endangered species in 1986 and 1994. The proposed critical habitat designation totals 18,766 acres (ac) (7,597 hectares (ha)), and includes both occupied and unoccupied habitat. Approximately 55 percent of the area being proposed as critical habitat is already designated as critical habitat for 42 plants and the Blackburn's sphinx moth (Manduca blackburni). In addition, we propose a taxonomic change for one endangered plant species.
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