December 12, 2012 – Federal Register Recent Federal Regulation Documents

Montana Regulatory Program
Document Number: 2012-30031
Type: Proposed Rule
Date: 2012-12-12
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing the withdrawal of a proposed rule pertaining to an amendment to the Montana regulatory program (the Montana program) and its coal rules and regulations. Montana submitted the amendment at their own initiative to modify coal prospecting procedures and allow for a new type of coal prospecting permit.
Regulated Navigation Area; S99 Alford Street Bridge Rehabilitation Project, Mystic River, MA
Document Number: 2012-30005
Type: Rule
Date: 2012-12-12
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is reinstating a regulated navigation area (RNA) that was promulgated to protect the public against hazardous conditions created by repair work on the S99 Alford Street Bridge across the Mystic River between Boston and Chelsea, Massachusetts. The original RNA terminates on November 30, 2012 and must be reinstated because repair work is continuing beyond that date. This rule promotes the Coast Guard's maritime safety and stewardship missions.
Drawbridge Operation Regulation; Bear Creek, Dundalk, MD
Document Number: 2012-30001
Type: Proposed Rule
Date: 2012-12-12
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is withdrawing its proposed rule concerning the proposed change to regulations governing the operation of the Baltimore County highway bridge at Wise Avenue across Bear Creek, mile 3.4, between Dundalk and Sparrows Point, MD. The proposed change would have altered the current four hour advance notice requirement for a bridge opening to a 48-hour advance notice for a bridge opening.
Approval and Promulgation of State Implementation Plans; State of Wyoming; Regional Haze Rule Requirements for Mandatory Class I Areas Under 40 CFR 51.309
Document Number: 2012-29985
Type: Rule
Date: 2012-12-12
Agency: Environmental Protection Agency
EPA is approving Wyoming State Implementation Plan (SIP) revisions submitted on January 12, 2011 and April 19, 2012 that address regional haze. These SIP revisions were submitted to address the requirements of the Clean Air Act (CAA or Act) and our rules that require states to prevent any future and remedy any existing man-made impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is taking this action pursuant to section 110 of the CAA.
Flubendiamide; Pesticide Tolerances
Document Number: 2012-29979
Type: Rule
Date: 2012-12-12
Agency: Environmental Protection Agency
This regulation modifies tolerances for residues of flubendiamide in or on multiple food commodities which are identified, and discussed in detail later in this document. Bayer CropScience LP in c/o Nichino America, Inc. (U.S. subsidiary of Nihon Nohyaku Co., Ltd.) requested these tolerances, and revisions to tolerances under the Federal Food, Drug and Cosmetic Act (FFDCA).
Pyriproxyfen; Pesticide Tolerances
Document Number: 2012-29978
Type: Rule
Date: 2012-12-12
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of pyriproxyfen in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Reconsideration of Certain New Source and Startup/Shutdown Issues: National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units
Document Number: 2012-29973
Type: Proposed Rule
Date: 2012-12-12
Agency: Environmental Protection Agency
The EPA is announcing that the period for providing public comments on the November 30, 2012, proposed ``Reconsideration of Certain New Source and Startup/Shutdown Issues: National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial- Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units'' is being extended by 7 days.
Utah Regulatory Program
Document Number: 2012-29970
Type: Proposed Rule
Date: 2012-12-12
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We are announcing receipt of revisions pertaining to a previously proposed amendment to the Utah regulatory program (hereinafter, the ``Utah program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Utah proposes to revise references to Federal regulations specifying abandoned mine land reclamation contractor eligibility criteria. These changes relate to the Ownership and Control required amendments. Utah intends to revise its program to be consistent with the corresponding Federal regulations.
International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions in the Eastern Pacific Ocean
Document Number: 2012-29968
Type: Proposed Rule
Date: 2012-12-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes regulations under the Tuna Conventions Act to implement Resolution C-12-09 of the Inter-American Tropical Tuna Commission (IATTC) by establishing limits on commercial retention of bluefin tuna by U.S. fishing vessels operating in the Eastern Pacific Ocean in 2012 and 2013. This action is necessary for the United States to satisfy its obligations as a member of the IATTC and to reduce overfishing of the stock.
Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Elephant Trunk Area
Document Number: 2012-29967
Type: Rule
Date: 2012-12-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This temporary rule implements emergency measures under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) to close the Elephant Trunk Area (ETA) to all scallop vessels for up to 180 days in order to protect the abundance of small scallops in the area. Closing the ETA will prevent fishing effort in this area, which could reduce long-term scallop biomass and optimum yield from the ETA, and could compromise the overall success of the scallop area rotational management program. The New England Fishery Management Council (Council), with the support of the scallop industry, requested that NMFS take this action quickly in order to minimize fishing effort in the ETA.
Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions
Document Number: 2012-29962
Type: Proposed Rule
Date: 2012-12-12
Agency: Federal Communications Commission, Agencies and Commissions
The Media Bureau extends the deadline for filing comments and reply comments on the Notice of Proposed Rulemaking (``NPRM'') in this proceeding which was published in the Federal Register on November 21, 2012. The extension will provide commenters with sufficient time to prepare comments and reply comments in response to the NPRM.
Flightcrew Member Duty and Rest Requirements
Document Number: 2012-29941
Type: Rule
Date: 2012-12-12
Agency: Federal Aviation Administration, Department of Transportation
The FAA is issuing an Initial Supplemental Regulatory Impact Analysis of its final rule amending its existing flight, duty and rest regulations applicable to certain certificate holders and their flightcrew members. That document may be found in the docket listed above. The Initial Supplemental Regulatory Impact Analysis serves to provide more detail on the potential impacts the final rule would have on cargo-only operations. In addition, the Initial Supplemental Regulatory Impact Analysis provides expanded discussion of the methodology and information sources used in the original Regulatory Impact Analysis, corrects some reporting of results and minor calculation errors present in that document, and presents sensitivity analysis on key assumptions used in the analysis.
Allocation of Costs Under the Simplified Methods; Hearing
Document Number: 2012-29932
Type: Proposed Rule
Date: 2012-12-12
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document provides notice of public hearing on proposed regulations that provide guidance on allocating costs to certain property produced by the taxpayer or acquired by the taxpayer for resale.
Special Regulations; Areas of the National Park System, Yellowstone National Park
Document Number: 2012-29911
Type: Rule
Date: 2012-12-12
Agency: Department of the Interior, National Park Service
This rule implements the amended Record of Decision for the 2011 Winter Use Plan/Environmental Impact Statement and governs winter visitation and certain recreational activities in Yellowstone National Park for the 2012-2013 winter season. The rule retains, for one additional year, the regulation and management framework that have been in place for the past three winter seasons (2009-2010, 2010-2011, and 2011-2012). Specifically, the rule retains provisions that require most recreational snowmobiles operating in the park to meet certain National Park Service air and sound emissions requirements; requires snowmobiles and snowcoaches in Yellowstone to be accompanied by a commercial guide; sets daily entry limits on the numbers of snowmobiles (up to 318) and snowcoaches (up to 78) that may enter the park; and prohibits traveling off designated oversnow routes.
Bacillus subtilis Strain QST 713 Variant Soil; Amendment to an Exemption From the Requirement of a Tolerance for Bacillus subtilis Strain QST 713 To Include Residues of Bacillus subtilis Strain QST 713 Variant Soil
Document Number: 2012-29903
Type: Rule
Date: 2012-12-12
Agency: Environmental Protection Agency
This regulation amends the existing exemption from the requirement of a tolerance for residues of the Bacillus subtilis strain QST 713 in or on all food commodities by including residues of Bacillus subtilis strain QST 713 variant soil. Agraquest, Inc. submitted a petition to the EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an amendment to an existing exemption from the requirement of a tolerance for Bacillus subtilis strain QST 713 to include residues of products containing Bacillus subtilis strain QST 713 variant soil in or on all agricultural commodities. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus subtilis strain QST 713 variant soil under the FFDCA.
Spirodiclofen; Pesticide Tolerances
Document Number: 2012-29902
Type: Rule
Date: 2012-12-12
Agency: Environmental Protection Agency
This regulation modifies currently established tolerances for residues of spirodiclofen, 3-(2,4-dichlorophenyl)-2-oxo-1- oxaspiro[4.5]dec-3-en-4-yl 2,2-dimethylbutanoate in or on apple, wet pomace and grape, raisin to 2.4 and 6.0 parts per million (ppm) respectively, and deletes the tolerance for grape juice. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Used Motor Vehicle Trade Regulation Rule
Document Number: 2012-29901
Type: Rule
Date: 2012-12-12
Agency: Federal Trade Commission, Agencies and Commissions
The Federal Trade Commission (``FTC'' or ``Commission'') has completed its regulatory review of its Used Motor Vehicle Trade Regulation Rule (``Used Car Rule'' or ``Rule'') as part of the FTC's systematic review of all current Commission regulations and guides. The Commission has decided to retain the Rule and to issue this final rule making nonsubstantive revisions to the Spanish translation of the Used Car Buyers Guide and nonsubstantive technical changes to the Rule. The revisions to the Spanish translation were published for public comment when the Commission announced its regulatory review of the Rule.
Fenpyroximate; Pesticide Tolerances
Document Number: 2012-29900
Type: Rule
Date: 2012-12-12
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of the insecticide fenpyroximate in or on multiple commodities identified and discussed later in this document. In addition, this regulation removes established tolerances for certain commodities/groups superseded by this action. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; The 2002 Base Year Emissions Inventory for the Charleston Nonattainment Area for the 1997 Fine Particulate Matter National Ambient Air Quality Standard
Document Number: 2012-29895
Type: Rule
Date: 2012-12-12
Agency: Environmental Protection Agency
EPA is approving 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 November 4, 2009. The emissions inventory is part of the November 4, 2009 SIP revision that was submitted to meet nonattainment requirements for the Charleston, West Virginia nonattainment area (hereafter referred to as the Charleston Area) for the 1997 PM2.5 national ambient air quality standard (NAAQS). EPA is approving the 2002 base year PM2.5 emissions inventory 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 Emissions Inventory for the Parkersburg-Marietta, WV-OH Nonattainment Area for the 1997 Fine Particulate Matter National Ambient Air Quality Standard
Document Number: 2012-29893
Type: Rule
Date: 2012-12-12
Agency: Environmental Protection Agency
EPA is approving 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. The emissions inventory is part of the September 9, 2008 SIP revision that was submitted to meet nonattainment requirements related to the West Virginia portion of the Parkersburg-Marietta, WV-OH nonattainment area (hereafter referred to as the Parkersburg Area) for the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS). EPA is approving the 2002 base year PM2.5 emissions inventory in accordance with the requirements of the Clean Air Act (CAA).
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2012-29714
Type: Rule
Date: 2012-12-12
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 757 airplanes. This AD was prompted by a report of in-flight fracture of the right windshield (window 1) on the flight deck and multiple reports of electrical arcs at the terminal blocks of the flight deck windshields resulting in smoke and fire. This AD requires repetitive inspections of electrical heat terminals on the left and right windshields for damage, and corrective actions if necessary. This AD allows replacing an affected windshield with a windshield equipped with different electrical connections, which would terminate the repetitive inspections for that windshield. We are issuing this AD to prevent smoke and fire in the flight deck, which can lead to loss of visibility, and injuries to or incapacitation of the flightcrew.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2012-29708
Type: Rule
Date: 2012-12-12
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. That AD currently requires revising the airworthiness limitations section (AWL) of the Instructions for Continued Airworthiness (ICA) of the Canadair Regional Jet Maintenance Requirements Manual (MRM) by incorporating new procedures for repetitive detailed and special detailed inspections for cracking of the aft pressure bulkhead. This new AD requires revising the maintenance program to incorporate a revised task specified in a certain temporary revision, which requires an improved non-destructive inspection procedure; and adds airplanes to the applicability. This AD was prompted by multiple reports of cracks on the forward face of the rear pressure bulkhead (RPB) web. We are issuing this AD to detect and correct cracking in the RPB, which could result in reduced structural integrity and rapid decompression of the airplane.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2012-29707
Type: Rule
Date: 2012-12-12
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-400 and -400F series airplanes. This AD was prompted by multiple reports of integrated display unit (IDU) malfunctions and mode control panel (MCP) malfunctions. This AD requires installing new software, replacing the duct assembly with a new duct assembly, making wiring changes, and routing certain wire bundles. We are issuing this AD to prevent IDU malfunctions, which could affect the ability of the flightcrew to read primary displays for airplane attitude, altitude, or airspeed, and consequently reduce the ability of the flightcrew to maintain control of the airplane.
Amendments to the Abandoned Plan Regulations
Document Number: 2012-29500
Type: Proposed Rule
Date: 2012-12-12
Agency: Employee Benefits Security Administration, Department of Labor
This document contains proposed amendments to three regulations previously published under the Employee Retirement Income Security Act of 1974 that facilitate the termination of, and distribution of benefits from, individual account pension plans that have been abandoned by their sponsoring employers. The principal amendments propose to permit bankruptcy trustees to use the Department's Abandoned Plan Program to terminate and wind up the plans of sponsors in liquidation under chapter 7 of the U.S. Bankruptcy Code. In addition, other technical amendments are proposed to improve the operation of the regulations. If adopted, the amendments would affect employee benefit plans, primarily small defined contribution plans, participants and beneficiaries, service providers, and individuals appointed to serve as trustees under chapter 7 of the U.S. Bankruptcy Code.
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Redistricting and Reapportionment of Grower Members, and Changing the Qualifications for Grower Membership on the Citrus Administrative Committee
Document Number: 2012-29244
Type: Proposed Rule
Date: 2012-12-12
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would redefine districts, reapportion representation, and modify the qualifications for membership on the Citrus Administrative Committee (Committee). The Committee is responsible for local administration of the Federal marketing order for oranges, grapefruit, tangerines, and tangelos grown in Florida (order). This rule would reduce the number of districts, reapportion representation among the districts, and allow up to four growers who are shippers or employees of a shipper to serve as grower members on the Committee. These changes would adjust grower representation to reflect the composition of the industry, provide equitable representation from each district, and create the opportunity for more growers to serve on the Committee.
Facilitating the Use of Microwave for Wireless Backhaul and Other Uses and Providing Additional Flexibility to Broadcast Auxiliary Service and Operational Fixed Microwave Licensees
Document Number: 2012-28495
Type: Rule
Date: 2012-12-12
Agency: Federal Communications Commission, Agencies and Commissions
The Federal Communications Commission (FCC) published a document in the Federal Register of September 5, 2012. In this document, the FCC on its own motion, pursuant to Sec. 1.108 of the Commission's rules, corrects the channel center frequencies to align the wider 60 and 80 megahertz channels with the existing 30 and 40 megahertz channels in part 101 of our rules in the Wireless Backhaul 2nd R&O and issues this limited modification of the Wireless Backhaul 2nd R&O, in order to establish more efficient channel assignments, consistent with the Commission's intent to improve spectrum utilization in these bands. In addition, the FCC corrects an entry to the table in Sec. 101.115(b)(2).
Airworthiness Directives; Agusta S.p.A. Helicopters
Document Number: 2012-28432
Type: Rule
Date: 2012-12-12
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model A109E and Model A109S helicopters with certain lower semichannel assemblies installed. This AD requires a one-time inspection of the lower semichannel assemblies to determine if metallic spacers are installed. If the metallic spacers are installed, this AD requires an inspection for the correct installation of the metallic spacers on the semichannels and for the correct seating of the gaskets. If the metallic spacers are not installed with rivets, the lower semichannel assemblies must be modified, and the main drive shaft must be inspected for damage. This AD was prompted by reports of damage to the main drive shaft caused by improperly secured metallic spacers on some A109 model helicopters. The actions of this AD are intended to detect missing spacer rivets, which could allow the metallic spacers to rotate and lead to damage and failure of the main drive shaft, and subsequent loss of helicopter control.
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