December 5, 2012 – Federal Register Recent Federal Regulation Documents

Airworthiness Directives; Lycoming Engines and Continental Motors, Inc. Reciprocating Engines
Document Number: 2012-29472
Type: Rule
Date: 2012-12-05
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for Lycoming Engines TSIO-540-AK1A, and Continental Motors, Inc. TSIO-360- MB, TSIO-360-SB, and TSIO-360-RB reciprocating engines, with certain Hartzell Engine Technologies (HET) turbochargers, model TA0411, part number (P/N) 466642-0001; 466642-0002; 466642-0006; 466642-9001; 466642-9002; or 466642-9006, or with certain HET model TA0411 turbochargers overhauled or repaired since August 29, 2012. This AD requires removing the affected turbochargers from service before further flight. This AD was prompted by a report of a turbocharger turbine wheel that failed a static strength test at its manufacturing facility. We are issuing this AD to prevent turbocharger turbine wheel failure, reduction or complete loss of engine power, loss of engine oil, oil fire, and damage to the airplane.
Petition for Inclusion of the Arab-American Community in the Groups Eligible for MBDA Services
Document Number: 2012-29431
Type: Proposed Rule
Date: 2012-12-05
Agency: Department of Commerce, Minority Business Development Agency
The Minority Business Development Agency (MBDA) publishes this notice to extend the date on which it plans to make its decision on a petition from the American-Arab Anti-Discrimination Committee requesting formal designation as a group eligible for MBDA's services from November 30, 2012 to March 1, 2013.
Pears Grown in Oregon and Washington; Assessment Rate Decrease for Processed Pears
Document Number: 2012-29428
Type: Rule
Date: 2012-12-05
Agency: Agricultural Marketing Service, Department of Agriculture
This rule decreases the assessment rate established for the Processed Pear Committee (Committee) for the 2012-2013 and subsequent fiscal periods from $7.73 to $7.00 per ton of summer/fall processed pears. The Committee locally administers the marketing order which regulates the handling of processed pears grown in Oregon and Washington. Assessments upon handlers of Oregon-Washington processed pears are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Revision of the Commission's Program Access Rules
Document Number: 2012-29426
Type: Proposed Rule
Date: 2012-12-05
Agency: Federal Communications Commission, Agencies and Commissions
The Media Bureau extends the deadline for filing comments and reply comments on the Further Notice of Proposed Rulemaking (``FNPRM'') in this proceeding which was published in the Federal Register on October 31, 2012. The extension will provide commenters with sufficient time to prepare comments and reply comments in response to the FNPRM.
Pears Grown in Oregon and Washington; Committee Membership Reapportionment for Processed Pears
Document Number: 2012-29425
Type: Proposed Rule
Date: 2012-12-05
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on reapportionment of the membership of the Processed Pear Committee (Committee) established under the Oregon-Washington pear marketing order. The marketing order regulates the handling of processed pears grown in Oregon and Washington, and is administered locally by the Committee. This rule would reapportion the processor membership such that the three processor members and alternate members would be selected from the production area-at-large rather than from a specific district. In an industry with few processors, this change would provide the flexibility needed to help ensure that all processor member positions are filled, resulting in effective representation of the processed pear industry.
Policies To Promote Rural Radio Service and To Streamline Allotment and Assignment Procedures
Document Number: 2012-29423
Type: Rule
Date: 2012-12-05
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission denied four of six Petitions for Reconsideration, Petitions for Partial Reconsideration, and Petitions for Clarification of the Second Report and Order (Second R&O) in this proceeding, granting in part and denying in part two of the petitions. The Commission clarified some of the methodology to be used in applying the new rules and procedures in the Second R&O, in particular the method of counting reception services in service gain and loss areas, to assist applicants and allotment proponents in accurately applying the new rules and procedures. The Commission also further restricted the categories of applicants and allotment proponents to whom the new rules and procedures apply, finding that equitable considerations supported such restrictions. In addition to restrictions set forth in the Second R&O, the new rules will not apply to applications and allotment proposals filed before the new rules were proposed, or to those applications and proposals that have already been subject to Commission decisions, but that remain pending due to subsequent legal challenges.
Rules of Practice and Procedure: Enterprise and Federal Home Loan Bank Housing Goals Related Enforcement Amendment
Document Number: 2012-29419
Type: Proposed Rule
Date: 2012-12-05
Agency: Federal Housing Finance Agency
The Federal Housing Finance Agency (FHFA) is proposing to amend its Rules of Practice and Procedure (RPP) to specify that the rules of practice and procedure for hearings on the record in Subpart C therein shall apply to any cease and desist or civil money penalty proceedings brought against the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), or the Federal Home Loan Banks (Banks) for failure to submit or follow a housing plan or failure of an Enterprise to submit information on its housing activities, except where such rules are inconsistent with related statutory provisions, in which case the statutory provisions shall apply.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2012-29405
Type: Rule
Date: 2012-12-05
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 787-8 airplanes. This AD requires ensuring that lockwire is installed correctly on the engine fuel feed manifold couplings. This AD also requires inspecting the assembly of the engine fuel feed manifold rigid and full flexible couplings. This AD was prompted by reports of fuel leaks due to improperly assembled engine fuel feed manifold couplings. We are issuing this AD to detect and correct improperly assembled couplings, which could result in fuel leaks and consequent fuel exhaustion, engine power loss or shutdown, or leaks on hot engine parts that could lead to a fire.
Airworthiness Directives; Cessna Aircraft Company Airplanes
Document Number: 2012-29402
Type: Proposed Rule
Date: 2012-12-05
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Cessna Aircraft Company Models 172R and 172S airplanes. This proposed AD was prompted by reports of chafing of a new configuration of the fuel return line assembly, which was caused by the fuel return line assembly rubbing against the right steering tube assembly during rudder pedal actuation. This proposed AD would require you to install the forward and aft fuel return line support clamps and brackets; inspect for a minimum clearance between the fuel return line assembly and the steering tube assembly and clearance between the fuel return line assembly and the airplane structure; and, if any damage is found, replace the fuel return line assembly. We are proposing this AD to correct the unsafe condition on these products.
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; White Hake Trimester Total Allowable Catch Area Closure for the Common Pool Fishery
Document Number: 2012-29401
Type: Rule
Date: 2012-12-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This temporary rule closes the White Hake Trimester Total Allowable Catch (TAC) Area to all common pool groundfish vessels fishing with trawl gear, sink gillnet gear, or longline/hook gear for the remainder of Trimester 2, through December 31, 2012. This action is necessary to prevent the common pool fishery from exceeding its Trimester 2 TAC or its annual catch limit for white hake. This rule is expected to slow the catch rate of white hake in the common pool fishery for the remainder of Trimester 2.
Approval and Promulgation of Implementation Plans; Florida; 110(a)(2)(D)(i)(II) Infrastructure Requirement for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards
Document Number: 2012-29400
Type: Proposed Rule
Date: 2012-12-05
Agency: Environmental Protection Agency
EPA is proposing to approve in part, and disapprove in part, the State Implementation Plan (SIP) submissions, submitted by the State of Florida, through the Florida Department of Environmental Protection (DEP) on April 18, 2008, and September 23, 2009. This proposal addresses the Clean Air Act (CAA) requirements pertaining to prevention of significant deterioration (PSD) for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS) infrastructure SIPs. 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. EPA is proposing to approve in part, and disapprove in part the submission for Florida, that relates to adequate provisions prohibiting emissions that interfere with any other state's required measures to prevent significant deterioration of its air quality. All other applicable infrastructure requirements for the 1997 annual and 2006 24-hour PM2.5 NAAQS associated with Florida are being addressed in separate rulemakings.
Airworthiness Directives; Reims Aviation S.A. Airplanes
Document Number: 2012-29395
Type: Proposed Rule
Date: 2012-12-05
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for Reims Aviation S.A. Model F406 airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as improper material used in nose landing gear (NLG) attachment brackets which could lead to failure of the NLG bracket with consequent damage to the airplane while landing. We are issuing this proposed AD to require actions to address the unsafe condition on these products.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
Document Number: 2012-29394
Type: Rule
Date: 2012-12-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is reallocating the projected unused amounts of Pacific cod from catcher vessels greater than or equal to 60 feet length overall (LOA) using pot gear to hook-and-line catcher/processors, pot catcher/processors, and catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2012 total allowable catch of Pacific cod to be harvested.
Approval and Promulgation of Implementation Plans; Region 4 States; Section 110(a)(2)(D)(i)(II) Infrastructure Requirement for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards
Document Number: 2012-29370
Type: Proposed Rule
Date: 2012-12-05
Agency: Environmental Protection Agency
EPA is proposing to conditionally approve submissions from Kentucky, North Carolina and Tennessee for inclusion into each states' State Implementation Plan (SIP). This proposal addresses the Clean Air Act (CAA) requirements pertaining to prevention of significant deterioration (PSD) for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS) infrastructure SIPs. 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. EPA is proposing to conditionally approve the submissions for Kentucky, North Carolina and Tennessee that relate to adequate provisions prohibiting emissions that interfere with any other state's required measures to prevent significant deterioration of its air quality. The subject of this notice is limited to infrastructure provisions prohibiting emissions that interfere with any other state's required measures to prevent significant deterioration of its air quality. All other applicable infrastructure elements for these states are being addressed in separate rulemakings.
Public Meeting of the U.S.-Canada Regulatory Cooperation Council (RCC) Motor Vehicles Working Group
Document Number: 2012-29369
Type: Proposed Rule
Date: 2012-12-05
Agency: National Highway Traffic Safety Administration, Department of Transportation
The U.S.-Canada Regulatory Cooperation Council (RCC) was created on February 4, 2011. After private sector consultations and bilateral negotiations, the RCC released the Joint Action Plan on Regulatory Cooperation on December 7, 2011. The Joint Action Plan is a practical first step to increased regulatory cooperation between the United States and Canada. In order to implement the initiatives identified in the Joint Action Plan, bilateral working groups led by senior officials from regulatory agencies have developed work plans with concrete objectives, deliverables and milestones for tangible progress within the RCC's two-year mandate. On January 30 and 31, 2012, the RCC and its bi-national working groups facilitated stakeholder meetings in Washington, DC. This notice announces a public meeting of the RCC Motor Vehicles Working Group.
Approval and Promulgation of Implementation Plans; Region 4 States; Section 110(a)(2)(D)(i)(II) Infrastructure Requirement for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards
Document Number: 2012-29367
Type: Proposed Rule
Date: 2012-12-05
Agency: Environmental Protection Agency
EPA is proposing to approve submissions from Alabama, Georgia, Mississippi and South Carolina for inclusion into each states' State Implementation Plans (SIP). This proposal pertains to the Clean Air Act (CAA) requirements regarding prevention of significant deterioration (PSD) for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS) infrastructure SIPs. 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. EPA is proposing to approve the submissions for Alabama, Georgia, Mississippi, and South Carolina that relate to adequate provisions prohibiting emissions that interfere with any other state's required measures to prevent significant deterioration of its air quality. All other applicable infrastructure requirements for the 1997 annual and 2006 24-hour PM2.5 NAAQS associated with these States are being addressed in separate rulemakings.
Federal Housing Administration: Prohibited Sources of Minimum Cash Investment Under the National Housing Act-Interpretive Rule
Document Number: 2012-29361
Type: Rule
Date: 2012-12-05
Agency: Department of Housing and Urban Development
HUD is issuing this interpretive rule to clarify the scope of the provision in the National Housing Act that prohibits certain sources of a homebuyer's funds for the required minimum cash investment for single family mortgages to be insured by the Federal Housing Administration (FHA). Uncertainty has arisen as to the effect of this provision on State and local governments and their agencies' and instrumentalities' homeownership programs that provide funds for the minimum cash investment. This rule provides HUD's interpretation that this statutory provision does not remove the availability of FHA insurance for use in conjunction with State and local government programs that provide funds toward the required minimum cash investment. Although interpretive rules are exempt from public comment under the Administrative Procedure Act, HUD nevertheless invites public comment on the interpretation provided in this rule.
Comment Deadline Extended for Public Notice Seeking Updated Information and Comment on Review of Hearing Aid Compatibility Regulations
Document Number: 2012-29357
Type: Proposed Rule
Date: 2012-12-05
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Wireless Telecommunications Bureau (Bureau) extends the time within which to file comments on the Public Notice seeking updated information and comment on review of hearing aid compatibility regulations.
Technical Corrections; Correction
Document Number: 2012-29348
Type: Rule
Date: 2012-12-05
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is correcting a final rule that was published in the Federal Register on July 6, 2012 (77 FR 39899), and effective on August 6, 2012. That final rule amended the NRC regulations to make technical corrections, including updating the street address for the Region I office, correcting authority citations and typographical and spelling errors, and making other edits and conforming changes. This correcting amendment is necessary to correct the statutory authority that is cited in one of the authority citations in the final rule.
New Animal Drugs; Updating Tolerances for Residues of New Animal Drugs in Food
Document Number: 2012-29322
Type: Proposed Rule
Date: 2012-12-05
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is proposing to revise the animal drug regulations regarding tolerances for residues of approved and conditionally approved new animal drugs in food by standardizing, simplifying, and clarifying the determination standards and codification style. In addition, we are proposing to add definitions for key terms. The purpose of the revision is to enhance understanding of tolerance determination and improve the readability of the regulations.
Sale and Issue of Marketable Book-Entry Treasury Bills, Notes, and Bonds
Document Number: 2012-29307
Type: Proposed Rule
Date: 2012-12-05
Agency: Fiscal Service, Public Debt Bureau, Department of Treasury, Department of the Treasury
The Department of the Treasury (``Treasury'') intends to issue a new type of marketable security with a floating rate interest payment. We are issuing this Advance Notice of Proposed Rulemaking to solicit comments on the design details, terms and conditions, and other features of this new type of security. We also invite other comments relevant to the issuance of this new security.
Dodine; Pesticide Tolerances
Document Number: 2012-29251
Type: Rule
Date: 2012-12-05
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of dodine, (N-dodecyl guanidine acetate) in or on multiple commodities and also removes multiple, previously established tolerances which are identified and discussed later in this document. Agriphar S.A., c/o Ceres International LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Picoxystrobin; Pesticide Tolerances
Document Number: 2012-29250
Type: Rule
Date: 2012-12-05
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of picoxystrobin in or on multiple commodities which are identified and discussed later in this document. E.I. du Pont de Nemours & Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Clodinafop-Propargyl; Pesticide Tolerance
Document Number: 2012-29248
Type: Rule
Date: 2012-12-05
Agency: Environmental Protection Agency
This regulation reduces the established tolerance for residues of clodinafop-propargyl in or on wheat, grain. Syngenta Crop Protection, LLC requested this tolerance change under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Net Investment Income Tax
Document Number: 2012-29238
Type: Proposed Rule
Date: 2012-12-05
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations that provide guidance under section 1411 of the Internal Revenue Code (Code). Section 1402(a)(1) of the Health Care and Education Reconciliation Act of 2010 added new section 1411 to the Code effective for taxable years beginning after December 31, 2012. The proposed regulations affect individuals, estates, and trusts. This document also contains a notice of a public hearing on these proposed regulations.
Rules Relating to Additional Medicare Tax
Document Number: 2012-29237
Type: Proposed Rule
Date: 2012-12-05
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations relating to Additional Hospital Insurance Tax on income above threshold amounts (``Additional Medicare Tax''), as added by the Affordable Care Act. Specifically, these proposed regulations provide guidance for employers and individuals relating to the implementation of Additional Medicare Tax. This document also contains proposed regulations relating to the requirement to file a return reporting Additional Medicare Tax, the employer process for making adjustments of underpayments and overpayments of Additional Medicare Tax, and the employer and employee processes for filing a claim for refund for an overpayment of Additional Medicare Tax. This document also provides notice of a public hearing on these proposed rules.
Testing and Labeling Pertaining to Product Certification Regarding Representative Samples for Periodic Testing of Children's Products
Document Number: 2012-29204
Type: Rule
Date: 2012-12-05
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (CPSC, Commission, or we) is issuing a final rule to amend its regulations on testing and labeling pertaining to product certification. Pursuant to section 14(i)(2)(B)(ii) of the Consumer Product Safety Act (CPSA), the final rule requires the testing of representative samples to ensure continued compliance of children's products with all applicable children's product safety rules. The final rule also establishes a recordkeeping requirement associated with the testing of representative samples.
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Proposed 2013 and 2014 Harvest Specifications for Groundfish
Document Number: 2012-29137
Type: Proposed Rule
Date: 2012-12-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes 2013 and 2014 harvest specifications, apportionments, and Pacific halibut prohibited species catch limits for the groundfish fishery of the Gulf of Alaska (GOA). This action is necessary to establish harvest limits for groundfish during the 2013 and 2014 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska. The intended effect of this action is to conserve and manage the groundfish resources in the GOA in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.
Patient Protection and Affordable Care Act; Establishment of the Multi-State Plan Program for the Affordable Insurance Exchanges
Document Number: 2012-29118
Type: Proposed Rule
Date: 2012-12-05
Agency: Office of Personnel Management
The U.S. Office of Personnel Management (OPM) is issuing a proposed rule to implement the Multi-State Plan Program (MSPP). OPM is establishing the MSPP pursuant to the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, referred to collectively as the Affordable Care Act. Through contracts with OPM, health insurance issuers will offer at least two multi-State plans (MSPs) on each of the Affordable Insurance Exchanges (Exchanges). Under the law, an MSPP issuer may phase in the States in which it offers coverage over four years, but it must offer MSPs on Exchanges in all States and the District of Columbia by the fourth year in which the MSPP issuer participates in the MSPP. OPM aims to administer the MSPP in a manner that is consistent with State insurance laws and that is informed by input from a broad array of stakeholders.
Designation of Product Categories for Federal Procurement
Document Number: 2012-29093
Type: Proposed Rule
Date: 2012-12-05
Agency: Department of Agriculture, Office of Procurement and Property Management
The U.S. Department of Agriculture (USDA) is proposing to amend the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add eight sections that will designate the following product categories within which biobased products would be afforded Federal procurement preference: Aircraft and boat cleaners; automotive care products; engine crankcase oil; gasoline fuel additives; metal cleaners and corrosion removers; microbial cleaning products; paint removers; and water turbine bearing oils. USDA is also proposing to add the following subcategories to previously designated product categories: Countertops to the composite panels category; and wheel bearing and chassis grease to the greases category. USDA is also proposing minimum biobased contents for each of these product categories and subcategories.
Residential, Business, and Wind and Solar Resource Leases on Indian Land
Document Number: 2012-28926
Type: Rule
Date: 2012-12-05
Agency: Department of the Interior, Bureau of Indian Affairs
The Bureau of Indian Affairs (BIA) is revising its regulations addressing non-agricultural surface leasing of Indian land. This rule adds new regulations to address residential leases, business leases, wind energy evaluation leases, and wind and solar development leases on Indian land, and removes the existing regulations for non-agricultural leases.
Approval, Disapproval and Promulgation of Air Quality Implementation Plans; Arizona; Regional Haze State and Federal Implementation Plans
Document Number: 2012-28565
Type: Rule
Date: 2012-12-05
Agency: Environmental Protection Agency
EPA is taking final action to approve in part and disapprove in part a portion of Arizona's State Implementation Plan (SIP) submittal for its regional haze program and to promulgate a Federal Implementation Plan (FIP) for the disapproved elements of the SIP. The State and Federal plans are to implement the regional haze program in Arizona for the first planning period through 2018. This final rule addresses only the portion of the SIP related to Arizona's determination of Best Available Retrofit Technology (BART) to control emissions from eight units at three electric generating stations: Apache Generating Station, Cholla Power Plant and Coronado Generating Station. Consistent with our proposal, EPA approves in this final rule the State's determination that the three sources are subject to BART, and approves the State's emissions limits for sulfur dioxide (SO2) and particulate matter less than or equal to 10 micrometers (PM10) at all the units, but disapproves Arizona's BART emissions limits for nitrogen oxides (NOX) at the coal-fired units of the three power plants. We also are promulgating a FIP that contains new emissions limits for NOX at these coal-fired units and compliance schedules for implementation of BART as well as requirements for equipment maintenance, monitoring, recordkeeping and reporting for all units and all pollutants at the three sources. In today's action, we are revising some elements of the proposed FIP in response to comments and additional information that we received.
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