November 2012 – Federal Register Recent Federal Regulation Documents

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.

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.

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.

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.

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.

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.

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.

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.)

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.

The Department of the Treasury's Office of Foreign Assets Control is amending the Iranian Financial Sanctions Regulations in order to implement sections 214 through 216 of the Iran Threat Reduction and Syria Human Rights Act of 2012.

This document cancels a public hearing on proposed regulations under section 42 of the Internal Revenue Code; relating to the utility allowance regulations.

The Coast Guard proposes to establish two anchorage areas on the Lower Mississippi River, above the Head of Passes (AHP). The first would be located at the Belmont Light extending from Mile Marker (MM) 152.9 to 154 on the Left Descending Bank (LDB) of the river, the second at Bayou Goula, extending from MM 197.7 to 198.7 on the Right Descending Bank (RDB) of the river. These proposed anchorages would double the available anchorage area in these sections of the river, which is necessary to help accommodate increased vessel volume and improve navigational safety for vessels transiting these river sections.

This action would expand on a previously approved sector exemption by allowing groundfish sector trawl vessels to harvest redfish using nets with codend mesh as small as 4.5 inches (11.4 cm). In addition, this action proposes to implement an industry-funded at- sea monitoring program for sector trips targeting redfish with trawl nets with mesh sizes that are less than the regulated mesh size requirement.

EPA is taking final action to approve the State Implementation Plan (SIP) submissions, submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP), as demonstrating that the State meets certain SIP requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or the Act) for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. Florida certified that the Florida SIP contains provisions that ensure the 1997 annual and 2006 24-hour PM2 NAAQS are implemented, enforced, and maintained in Florida (hereafter referred to as ``infrastructure submissions''). Florida's infrastructure submissions, provided to EPA on April 18, 2008, and September 23, 2009, with the exception of element 110(a)(2)(D)(i) which will be addressed in a separate rulemaking action.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. The revision establishes Reasonably Available Control Technology (RACT) for several categories of volatile organic compound (VOC) sources. The intended effect of this action is to approve these requirements into the New Hampshire SIP. This action is being taken in accordance with the Clean Air Act.

The Federal Communications Commission (FCC) is correcting a final rule that appeared in the Federal Register of October 16, 2012. The document announces the effective date of rules containing information collection requirements approved by the Office of the Management and Budget that were adopted to address unwanted telemarketing calls.

In this document, the Commission initiates a comprehensive review of its rules governing licensing and operation of space stations and earth stations. The proposed amendments are designed to reflect evolving technology, eliminate unnecessary technical and information filing requirements for applicants, and reorganize and simplify existing requirements. Collectively, the changes proposed in this document will streamline our regulations, facilitating more rapid deployment of services to the public, greater investment, and new innovations in satellite services.

The Coast Guard will enforce the Special Local Regulations in 33 CFR 100.1101 from 7 a.m. to 11:30 a.m. on November 11, 2012 on Mission Bay, CA in support of the San Diego Fall Classic. This action is necessary to restrict vessel movement and provide for the safety of the participants, crew, spectators, sponsor vessels of the race, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this designated race area unless authorized by the Captain of the Port, or his designated representative.

NMFS issues this temporary rule to increase the commercial annual catch limit (ACL) for yellowtail snapper, as requested by the South Atlantic Fishery Management Council (Council). NMFS has determined that the commercial ACL may be increased from 1,142,589 lb (518,270 kg) to 1,596,510 lb (724,165 kg). This temporary rule will be effective for 180 days, unless superseded by subsequent rulemaking, although NMFS may extend the rule's effectiveness for an additional 186 days pursuant to the Magnuson-Stevens Act. The intent of this temporary rule is to preserve a significant economic opportunity for the yellowtail snapper component of the South Atlantic snapper-grouper fishery that might otherwise be foregone and to help achieve optimum yield (OY) for the fishery.

EPA is proposing to approve revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from architectural coatings. 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.

This proposed rule would require that the final, comprehensive narrative account required in voluntary self-disclosures (VSDs) of violations of the Export Administration Regulations (EAR) be submitted to the Office of Export Enforcement within 180 days of the initial VSD notification. This proposed rule also would authorize the use of delivery services other than registered or certified mail for providing notice of the issuance of a charging letter instituting an administrative enforcement proceeding under the EAR. It also would remove the phrase ``if delivery is refused'' from a provision relating to determining the date of service of notice of a charging letter's issuance based on an attempted delivery to the respondent's last known address. The Bureau of Industry and Security is proposing these changes to be better able to resolve administrative enforcement proceedings in a timely manner and provide more efficient notice of administrative charging letters.

The Audio Division modified the FM Table of Allotments by substituting Channel 293A for vacant Channel 291A at Knox City, Texas; Channel 288C2 for vacant Channel 239C2 at Rule, Texas; Channel 255C3 for vacant Channel 293C3 at Crowell, Texas; and Channel 251C3 for vacant Channel 255C3 at Quanah, Texas. Channel 255C3 can be allotted to Crowell, Texas at reference coordinates 34-03-58 NL and 99-43-52 WL, at a site 9.2 km (5.7 miles) north of Crowell. Channel 293A can be allotted to Knox City, Texas at reference coordinates 33-25-55 NL and 99-47-43 WL, at a site 2.7 km (1.6 miles) northeast of Knox City. Channel 251C3 can be allotted at Quanah, Texas at reference coordinates 34-24-09 NL and 99-46-02 WL, at a site 11.9 km (7.4 miles) north of Quanah. Channel 288C2 can be allotted at Rule, Texas at reference coordinates 33-10-29 NL and 99-49-26 WL, at a site 6.6 km (4.1 miles) east of Rule. See SUPPLEMENTARY INFORMATION, supra.

This regulation amends the tolerance for residues of metconazole in or on corn, sweet, stover. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

We propose to adopt a new airworthiness directive (AD) for certain serial number Pratt & Whitney Canada Corp. (P&WC) PW206B, PW206B2, PW206C, PW207C, PW207D, PW207D1, PW207D2, and PW207E turboshaft engines. This proposed AD was prompted by the discovery that certain power turbine (PT) disks were made to specific heat codes that may not achieve the maximum in-service life. This proposed AD would require re-identification of the PT disk to a part number (P/N) with a lower life limit. We are proposing this AD to prevent possible uncontained PT disk failure and loss of helicopter control.

The Federal Emergency Management Agency (FEMA) is withdrawing its proposed rule concerning proposed flood elevation determinations for Allegheny County, Pennsylvania (All Jurisdictions).