November 9, 2012 – Federal Register Recent Federal Regulation Documents

Voluntary Licensing of Amateur Rocket Operations; Withdrawal
Document Number: 2012-27503
Type: Rule
Date: 2012-11-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA is withdrawing a previously published direct final rule that would have allowed launch operators that conduct certain amateur rocket launches to voluntarily apply for a commercial space transportation license or experimental permit. The FAA is withdrawing this action because of the adverse comments it received.
Fisheries Off West Coast States; West Coast Salmon Fisheries; Notice of Availability for Amendment 17 to the Salmon Fishery Management Plan
Document Number: 2012-27473
Type: Proposed Rule
Date: 2012-11-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the Pacific Fishery Management Council (Council) has transmitted Amendment 17 to the Pacific Coast Salmon Fishery Management Plan (FMP) for Secretarial review. Amendment 17 revises the maximum fishing mortality threshold (MFMT) for Quillayute fall coho, revises the FMP to correct typographical errors, updates reporting measures to reflect new technology, and updates or removes other obsolete or unnecessary language.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management Measures
Document Number: 2012-27444
Type: Rule
Date: 2012-11-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this temporary rule to extend the expiration date of interim measures to reduce overfishing of gray triggerfish in the Gulf of Mexico (Gulf) implemented by a temporary rule published by NMFS on May 14, 2012. This temporary rule extends the reduced commercial quota (commercial annual catch target (ACT)), commercial and recreational annual catch limits (ACLs), and recreational ACT; and the revised recreational accountability measures (AMs) for gray triggerfish, as requested by the Gulf of Mexico Fishery Management Council (Council). The intended effect of this temporary rule is to reduce overfishing of the gray triggerfish resource in the Gulf while the Council develops permanent management measures.
Dinotefuran; Pesticide Tolerances for Emergency Exemptions
Document Number: 2012-27403
Type: Rule
Date: 2012-11-09
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for residues of dinotefuran in or on pome fruits and stone fruits. This action is in response to EPA's granting of emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on pome fruits and stone fruits. This regulation establishes a maximum permissible level for residues of dinotefuran in or on these commodities. The time-limited tolerances expire on December 31, 2015. This regulation also makes the systematic chemical name for dinotefuran consistent within the section and with EPA's policy on chemical nomenclature.
Debris Removal: Eligibility of Force Account Labor Straight-Time Costs Under the Public Assistance Program for Hurricane Sandy
Document Number: 2012-27382
Type: Rule
Date: 2012-11-09
Agency: Federal Emergency Management Agency, Department of Homeland Security
The Fiscal Year 2007 Department of Homeland Security Appropriations Act authorized a Public Assistance Pilot Program intended to reduce the costs to the Federal government of providing assistance to States and local governments; increase flexibility in the administration of assistance; and expedite the provision of assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Due to the current pressing need for efficient and timely recovery from a catastrophic disaster event, Hurricane Sandy, which has cast widespread debris over a major portion of the eastern seaboard of the United States, this rule implements one of the debris-related Public Assistance Pilot procedures: it allows for the reimbursement of the straight- or regular time salaries and benefits of the employees of Public Assistance applicants who perform disaster-related debris and wreckage removal work for any major disaster or emergency declared by the President on or after October 27, 2012, in response to Hurricane Sandy.
National Organic Program; Periodic Residue Testing
Document Number: 2012-27378
Type: Rule
Date: 2012-11-09
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule clarifies a provision of the Organic Foods Production Act of 1990 and the regulations issued thereunder that requires periodic residue testing of organically produced agricultural products by accredited certifying agents. The final rule amends the U.S. Department of Agriculture's (USDA) National Organic Program (NOP) regulations to make clear that accredited certifying agents must conduct periodic residue testing of agricultural products that are to be sold, labeled, or represented as ``100 percent organic,'' ``organic,'' or ``made with organic (specified ingredients or food group(s)).'' The final rule expands the amount of residue testing of organically produced agricultural products by clarifying that sampling and testing are required on a regular basis. The final rule requires that certifying agents, on an annual basis, sample and conduct residue testing from a minimum of five percent of the operations that they certify. This action will help further ensure the integrity of products produced and handled under the NOP regulations.
Special Conditions: Embraer S.A., Model EMB-550 Airplane; Hydrophobic Coatings in Lieu of Windshield Wipers
Document Number: 2012-27373
Type: Proposed Rule
Date: 2012-11-09
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for the Embraer S.A., Model EMB-550 airplane. This airplane will have a novel or unusual design feature(s) associated with hydrophobic coatings. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.
Special Conditions: Embraer S.A., Model EMB-550 Airplanes; Flight Envelope Protection: Performance Credit for Automatic Takeoff Thrust Control System (ATTCS) During Go-Around
Document Number: 2012-27372
Type: Proposed Rule
Date: 2012-11-09
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for the Embraer S.A. Model EMB-550 airplane. This airplane will have a novel or unusual design feature(s) associated with the use of an Automatic Takeoff Thrust Control System (ATTCS) during go-around. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.
Special Conditions: Boeing Model 757 Series Airplanes; Seats with Non-Traditional, Large, Non-Metallic Panels
Document Number: 2012-27370
Type: Rule
Date: 2012-11-09
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Boeing Model 757 series airplanes. These airplanes as modified by Flight Structures, Inc. will have novel or unusual design features associated with seats that include non-traditional, large, non-metallic panels that would affect survivability during a post-crash fire event. 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.
Drawbridge Operation Regulation; Lake Champlain, Swanton, VT
Document Number: 2012-27369
Type: Proposed Rule
Date: 2012-11-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to modify the operating schedule that governs the New England Central Railroad Bridge across Missisquoi Bay, mile 105.6, at Swanton Vermont. The owner of the bridge has requested to operate the bridge from a remote location, at St. Albans, Vermont. It is expected that this change to the regulations would provide relief to the bridge owner from crewing the bridge while continuing to meet the reasonable needs of navigation.
Proposed Flood Elevation Determinations
Document Number: 2012-27367
Type: Proposed Rule
Date: 2012-11-09
Agency: Federal Emergency Management Agency, Department of Homeland Security
On November 14, 2011, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This document provides corrections to that table, to be used in lieu of the information published at 76 FR 70397. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Sauk County, Wisconsin, and Incorporated Areas. Specifically, it addresses the following flooding sources: Baraboo River, Devil's Lake Tributary (backwater effects from Baraboo River), Hay Creek (backwater effects from Baraboo River), Little Baraboo River (backwater effects from Baraboo River), Narrows Creek (backwater effect from Baraboo River), Plum Creek (backwater effects from Baraboo River), and Seeley Creek (backwater effects from Baraboo River).
Proposed Flood Elevation Determinations
Document Number: 2012-27365
Type: Proposed Rule
Date: 2012-11-09
Agency: Federal Emergency Management Agency, Department of Homeland Security
On November 29, 2011 FEMA published in the Federal Register a proposed rule that contained an erroneous table. This document provides corrections to that table, to be used in lieu of the information published at 76 FR 73537. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Sullivan County, Pennsylvania (All Jurisdictions). Specifically, it addresses the flooding sources Big Run, Little Loyalsock Creek, Loyalsock Creek, and Muncy Creek.
Yemen Sanctions Regulations
Document Number: 2012-27352
Type: Rule
Date: 2012-11-09
Agency: Department of the Treasury
The Department of the Treasury's Office of Foreign Assets Control (``OFAC'') is issuing regulations to implement Executive Order 13611 of May 16, 2012 (``Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen''). OFAC intends to supplement this part 552 with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance and additional general licenses and statements of licensing policy.
Basic Service Tier Encryption Compatibility Between Cable Systems and Consumer Electronics Equipment
Document Number: 2012-27350
Type: Rule
Date: 2012-11-09
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission adopts new rules to allow cable operators to encrypt the basic service tier in all-digital systems, provided that those cable operators undertake certain consumer protection measures for a limited period of time in order to minimize any potential subscriber disruption.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures
Document Number: 2012-27335
Type: Rule
Date: 2012-11-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is implementing revised 2012 specifications for the butterfish fishery, which is managed as part of the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. This action raises the butterfish acceptable biological catch (ABC) to 4,200 mt (from 3,622 mt), and specifies the butterfish annual catch target (ACT) at 3,780 mt, the domestic annual harvest (DAH) and domestic annual processing (DAP) at 872 mt, and the butterfish mortality cap at 3,165 mt. These specifications promote the utilization and conservation of the butterfish resource.
Revisions to the California State Implementation Plan, Placer County Air Pollution Control District
Document Number: 2012-27324
Type: Proposed Rule
Date: 2012-11-09
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Placer County Air Pollution Control District (PCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOx) emissions from biomass boilers. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
Endangered and Threatened Wildlife and Plants; Termination of the Southern Sea Otter Translocation Program; Final Supplemental Environmental Impact Statement on the Translocation of Southern Sea Otters
Document Number: 2012-27310
Type: Rule
Date: 2012-11-09
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the availability of our final Supplemental Environmental Impact Statement on the Translocation of Southern Sea Otters (final SEIS). The final SEIS evaluates options for continuing, revising, or terminating the southern sea otter translocation program, which was initiated in 1987. The purpose of the program was to achieve a primary recovery action for the southern sea otter: to create an established population at San Nicolas Island sufficient to repopulate other areas of the range should a catastrophic event affect the mainland population. The document describes the proposed action and alternatives under consideration and discloses the direct, indirect, and cumulative environmental effects of each of the alternatives.
Revising the Exemption for Digger Derricks in the Cranes and Derricks in Construction Standard
Document Number: 2012-27210
Type: Rule
Date: 2012-11-09
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA is broadening the exemption for digger derricks in its standard for cranes and derricks. OSHA issued a final standard updating the requirements for cranes and derricks on August 9, 2010, and the Edison Electric Institute (EEI) petitioned for review of the standard in the United States Court of Appeals. After petitioning, EEI provided OSHA with new information regarding digger derricks. OSHA reviewed the additional information and the rulemaking record, and decided to broaden the exemption for digger derricks used in the electric-utility industry by means of this direct final rule.
Revising the Exemption for Digger Derricks in the Cranes and Derricks in Construction Standard
Document Number: 2012-27209
Type: Proposed Rule
Date: 2012-11-09
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA is broadening the exemption for digger derricks in its standard for cranes and derricks. OSHA issued a final standard updating the requirements for cranes and derricks on August 9, 2010, and the Edison Electric Institute (EEI) petitioned for review of the standard in the United States Court of Appeals. After petitioning, EEI provided OSHA with new information regarding digger derricks. OSHA reviewed the additional information and the rulemaking record, and decided to broaden the exemption for digger derricks used in the electric-utility industry by means of this proposed rule.
Airworthiness Directives; Airbus Airplanes
Document Number: 2012-26963
Type: Rule
Date: 2012-11-09
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called A300-600 series airplanes); and Model A310 series airplanes. This AD was prompted by events of excessive rudder pedal inputs and consequent high loads on the vertical stabilizer on several airplanes. This AD requires either incorporating a design change to the rudder control system and/ or other systems, or installing a stop rudder inputs warning (SRIW) modification. We are issuing this AD to prevent loads on the vertical stabilizer that exceed ultimate design loads, which could cause failure of the vertical stabilizer and consequent reduced controllability of the airplane.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2012-26961
Type: Rule
Date: 2012-11-09
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL- 600-2E25 (Regional Jet Series 1000) airplanes. This AD was prompted by a report that certain wing-to-fuselage attachment nuts do not conform to the certification design requirements for dual locking features. This AD requires repetitive inspections to determine that cotter pins are installed at affected wing-to-fuselage attachment joints and replacement if necessary. We are issuing this AD to prevent loss of wing-to-fuselage attachment joints, which could result in the loss of the wing.
Medicare Program; End-Stage Renal Disease Prospective Payment System, Quality Incentive Program, and Bad Debt Reductions for All Medicare Providers
Document Number: 2012-26903
Type: Rule
Date: 2012-11-09
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule updates and makes revisions to the end-stage renal disease (ESRD) prospective payment system (PPS) for calendar year (CY) 2013. This rule also sets forth requirements for the ESRD quality incentive program (QIP), including for payment year (PY) 2015 and beyond. In addition, this rule implements changes to bad debt reimbursement for all Medicare providers, suppliers, and other entities eligible to receive Medicare payment for bad debt and removes the cap on bad debt reimbursement to ESRD facilities. (See the Table of Contents for a listing of the specific issues addressed in this final rule.)
Airworthiness Directives; Aeronautical Accessories, Inc., High Landing Gear Forward Crosstube Assembly
Document Number: 2012-26901
Type: Rule
Date: 2012-11-09
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for Aeronautical Accessories, Inc. (AAI) high landing gear forward crosstube assemblies (crosstubes) installed on Agusta S.p.A. (Agusta) Model AB412 and AB412EP; and Bell Helicopter Textron, Inc. (Bell) Model 205A, 205A-1, 205B, 212, 412, 412CF, and 412EP helicopters during production or based on a supplemental type certificate (STC). This AD requires counting and recording the total number of landings for the crosstubes, and inspecting the crosstubes and replacing them if a crack or other damage exists. This AD was prompted by two reports from the field of failed crosstubes. The actions are intended to prevent failure of a crosstube, collapse of the landing gear, and subsequent loss of control of the helicopter.
Airworthiness Directives; Airbus Airplanes
Document Number: 2012-26892
Type: Rule
Date: 2012-11-09
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Airbus Model A330-243, -243F, -341, -342, and -343 airplanes. This AD was prompted by reports of cracking of air intake cowls on Rolls-Royce Trent engines, worn and detached attachment links, and fractured thermal anti-ice (TAI) piccolo tubes. This AD requires inspecting piccolo tubes, piccolo tube mount links, the aft side of the forward bulkhead, and outer boundary angles (OBA) for cracks, fractures, and broken links, and corrective actions if necessary. We are issuing this AD to prevent degraded structural integrity of the engine nose cowl in case of forward bulkhead damage in conjunction with a broken piccolo tube, and damage to the engine due to operation in icing conditions with reduced TAI performance.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2012-26774
Type: Rule
Date: 2012-11-09
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes. This AD was prompted by reports of an in-service incident where the propeller de- icing system became unavailable due to burnt/chafed wires within the alternating current contactor box (ACCB). This AD requires inspection for chafing, damage, and loose wiring within an ACCB and repair if necessary; and requires rework and re-identification of the wiring installation within each ACCB. We are issuing this AD to detect and correct damaged, chafed, or loose wiring within an ACCB, which could affect the operation of the windshield heater, ice detector, angle of attack (AOA) vane heater, pilot probe heater, engine intake heater, or propeller de-icing system, and subsequently adversely affect the airplane's flight characteristics in icing conditions.
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