December 17, 2012 – Federal Register Recent Federal Regulation Documents

Airworthiness Directives; Embraer S.A. Airplanes
Document Number: 2012-30368
Type: Proposed Rule
Date: 2012-12-17
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 190 airplanes. This proposed AD was prompted by reports of cracks on the side stay of the main landing gear (MLG). This proposed AD would require repetitive measurements of the left-hand (LH) and right-hand (RH) MLG side stay support fitting to detect bushing migration, replacement of the bushing if necessary, and eventual replacement of the bushing; a detailed inspection for damage on the LH and RH MLG side stay support assembly, and related investigative and corrective actions if necessary. We are proposing this AD to prevent excessive bearing friction, which might compromise the MLG free fall extension, and cause fatigue cracking on the MLG side stay and on its support assembly, resulting in reduced structural integrity of the MLG.
Small Entity Compliance Guide: What You Need To Know About Registration of Food Facilities; Availability
Document Number: 2012-30327
Type: Rule
Date: 2012-12-17
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing the availability of an updated guidance for industry entitled ``What You Need To Know About Registration of Food FacilitiesSmall Entity Compliance Guide.'' FDA has prepared this guidance to restate the legal requirements pertaining to registration of food facilities in the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the FDA Food Safety Modernization Act (FSMA). Previously, this guidance restated the legal requirements of FDA's food facility registration regulation. This document also served as FDA's Small Entity Compliance Guide for FDA's food facility registration regulation in accordance with the Small Business Regulatory Enforcement Fairness Act. FDA is revising this document to provide guidance intended to help any entity comply with the requirements pertaining to registration of food facilities in the FD&C Act, including the amendments made by FSMA. This document continues to serve as FDA's Small Entity Compliance Guide for FDA's food facility registration regulation. Further, this guidance is intended to set forth in plain language the requirements for registration of food facilities and help small businesses understand the requirements.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Document Number: 2012-30322
Type: Rule
Date: 2012-12-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is transferring 40 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category for the remainder of the 2012 fishing year. NMFS also is adjusting the Atlantic tunas General category BFT daily retention limit to two large medium or giant BFT for the January 2013 subquota period (i.e., from January 1 through March 31, 2013, or until the available subquota for that period is reached, whichever comes first). This action is based on consideration of the regulatory determination criteria regarding inseason adjustments, and applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT.
Safety Zone; Grain-Shipment Vessels, Columbia and Willamette Rivers
Document Number: 2012-30298
Type: Rule
Date: 2012-12-17
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone around all inbound and outbound grain-shipment vessels involved in commerce with the Columbia Grain facility on the Willamette River in Portland, OR, and the United Grain Corporation facility on the Columbia River in Vancouver, WA while they are located on the Columbia and Willamette Rivers. This safety zone extends to waters 500 yards ahead of the vessel and 200 yards abeam and astern of the vessel. This safety zone is being established to ensure that protest activities relating to a labor dispute do not create hazardous navigation conditions for any vessel or other river user in the vicinity of the safety zone.
Medical Waivers for Merchant Mariner Credential Applicants With Anti-Tachycardia Devices or Implantable Cardioverter Defibrillators
Document Number: 2012-30296
Type: Proposed Rule
Date: 2012-12-17
Agency: Coast Guard, Department of Homeland Security
On September 7, 2012, the Coast Guard published a notice of proposed policy change and request for comments regarding criteria for granting medical waivers to mariners who have anti-tachycardia devices or implantable cardioverter defibrillators (ICDs). The public comment period for the notice expired on October 9, 2012. In today's action, the Coast Guard is reopening the public comment period to provide additional time for interested parties to submit comments.
Drawbridge Operation Regulation; Elizabeth River, Eastern Branch, Norfolk, VA
Document Number: 2012-30286
Type: Rule
Date: 2012-12-17
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has issued a temporary deviation from the operating schedule that governs the operation of the Norfolk Southern V2.8 Railroad Bridge across the Elizabeth River (Eastern Branch), mile 2.7, at Norfolk, VA. This deviation is necessary to facilitate replacing bearings on the Norfolk Southern V2.8 Railroad Bridge. This temporary deviation will allow the drawbridge to remain in the closed-to-navigation position on specific dates and times.
Final Flood Elevation Determinations
Document Number: 2012-30261
Type: Rule
Date: 2012-12-17
Agency: Federal Emergency Management Agency, Department of Homeland Security
Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Suspension of Community Eligibility
Document Number: 2012-30260
Type: Rule
Date: 2012-12-17
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.
Importation of Live Swine, Swine Semen, Pork, and Pork Products; Estonia, Hungary, Slovakia, and Slovenia
Document Number: 2012-30259
Type: Rule
Date: 2012-12-17
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
APHIS is amending the regulations governing the importation of certain animal embryos and animal semen by removing one of the conditions for the importation of swine semen from the APHIS-defined European CSF region, a region of Europe that we recognize as a single low-risk region for classical swine fever. We have determined that the 40-day holding period for swine semen and donor boars after the collection of swine semen is unnecessary. We are also announcing the addition of Estonia, Hungary, Slovakia, and Slovenia to the APHIS- defined European CSF region, the addition of Estonia, Slovakia, and Slovenia to the list of regions APHIS considers free of swine vesicular disease (SVD), and the addition of Slovakia and Slovenia to the list of regions APHIS considers free of foot-and-mouth disease (FMD) and rinderpest. These actions will relieve some restrictions on the importation into the United States of certain animals and animal products from those regions, while continuing to protect against the introduction of CSF, SVD, FMD, and rinderpest into the United States.
Guidance Regarding Deduction and Capitalization of Expenditures Related to Tangible Property
Document Number: 2012-30252
Type: Rule
Date: 2012-12-17
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains amendments to temporary regulations relating to guidance regarding deduction and capitalization of expenditures related to tangible property. These amendments change the applicability dates of the temporary regulations to taxable years beginning on or after January 1, 2014, while permitting taxpayers to choose to apply the temporary regulations for taxable years beginning on or after January 1, 2012. The amendments to the temporary regulations will affect all taxpayers that acquire, produce, or improve tangible property.
Rules of Practice and Procedure
Document Number: 2012-30251
Type: Rule
Date: 2012-12-17
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, requires all Federal agencies that have statutory authority to impose civil money penalties (CMPs), every four years, to publish, as adjusted for inflation, the maximum authorized amount of those CMPs. The Federal Deposit Insurance Corporation (FDIC) last adjusted the maximum amounts of CMPs under its jurisdiction in 2008. The FDIC is issuing this final rule to publish the adjusted maximum CMPs.
General Services Administration Acquisition Regulation: Modifications (Multiple Award Schedules); Information Collection
Document Number: 2012-30205
Type: Proposed Rule
Date: 2012-12-17
Agency: General Services Administration, Agencies and Commissions
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an information collection requirement regarding General Services Administration Acquisition Regulation (GSAR) clause Modifications (Multiple Award Schedule).
Amendments and Correction to Petitions for Waiver and Interim Waiver for Consumer Products and Commercial and Industrial Equipment
Document Number: 2012-30195
Type: Proposed Rule
Date: 2012-12-17
Agency: Department of Energy
The U.S. Department of Energy (``DOE'' or the ``Department'') proposes amendments and corrections to portions of its regulations governing petitions for waiver and interim waiver from DOE test procedures. In finalizing the March 7, 2011 final certification, compliance and enforcement rule for consumer products and commercial equipment, DOE inadvertently deleted language pertaining to petitions for waiver and interim waiver of DOE's test procedure requirements for consumer products. This notice addresses that error by proposing to restore, with minor amendments, the omitted text. DOE also proposes a process by which, within 60 days after DOE grants a waiver for a product employing a particular technology, other manufacturers of that product employing a technology or characteristic that results in the same need for a waiver would submit a petition for waiver. This process would ensure that manufacturers of similar products test and rate those products in a comparable manner. The proposed rule also sets forth a process for manufacturers to request rescission or modification of a waiver if they determine that the waiver is no longer needed, or for other appropriate reasons. DOE also proposes to make other minor modifications to the waiver provisions for both consumer products and commercial equipment and to clarify certain aspects related to the submission and processing of a waiver petition.
Energy Conservation Program for Consumer Products: Test Procedures for Residential Water Heaters, Direct Heating Equipment, and Pool Heaters (Standby Mode and Off Mode)
Document Number: 2012-30193
Type: Rule
Date: 2012-12-17
Agency: Department of Energy
Where appropriate, the U.S. Department of Energy (DOE) is amending its test procedures for residential water heaters, direct heating equipment (DHE), and pool heaters to include provisions for measuring standby mode and off mode energy consumption, as required by the Energy Independence and Security Act of 2007 (EISA 2007). DOE has concluded that such amendments are necessary for direct heating equipment and pool heaters, but test procedure amendments are not necessary for residential water heaters, because the existing test procedures for those products already address standby mode and off mode energy use. These test procedure amendments are primarily based upon provisions of the latest version of the International Electrotechnical Commission (IEC) Standard 62301 (Second Edition 2011-01), ``Household electrical appliancesMeasurement of standby power,'' which is incorporated by reference. For direct heating equipment and pool heaters, this final rule also adds new calculations to determine the annual energy consumption associated with product operation in standby mode and off mode, and it modifies the existing energy consumption equations to integrate standby mode and off mode energy consumption into the calculation of overall annual energy consumption of these products. For pool heaters only, the standby mode and off mode energy consumption is integrated into the efficiency metric. This rulemaking also adopts a number of definitions for key terms, as well as clarifies the rounding guidance and sampling provisions for the new measurement of standby mode and off mode.
Policy To Encourage Trial Disclosure Programs; Information Collection
Document Number: 2012-30159
Type: Proposed Rule
Date: 2012-12-17
Agency: Bureau of Consumer Financial Protection
The Bureau of Consumer Financial Protection (Bureau) invites the general public and other Federal agencies to take this opportunity to comment on its proposed Policy to Encourage Trial Disclosure Programs (Policy), which is intended to carry out the Bureau's authority under Section 1032(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act), and also a proposed information collection associated with applications submitted by companies seeking Bureau approval to conduct trial disclosure programs under the proposed Policy as required by the Paperwork Reduction Act of 1995.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; South Bend/Elkhart, Indiana Ozone Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets
Document Number: 2012-30107
Type: Rule
Date: 2012-12-17
Agency: Environmental Protection Agency
EPA is approving Indiana's request to revise the South Bend/ Elkhart, Indiana 1997 8-hour ozone maintenance state air quality implementation plan (SIP) by replacing the previously approved motor vehicle emissions budgets (budgets) with budgets developed using EPA's Motor Vehicle Emissions Simulator (MOVES) emissions model. EPA proposed approval on October 4, 2012, and did not receive any public comments on the proposal.
Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program From Grain Sorghum
Document Number: 2012-30100
Type: Rule
Date: 2012-12-17
Agency: Environmental Protection Agency
EPA is issuing a supplemental rule associated with the Renewable Fuel Standard (RFS) program. This final rule contains a lifecycle GHG analysis for grain sorghum ethanol and a regulatory determination that grain sorghum ethanol qualifies as a renewable fuel under the RFS Program. EPA's analysis indicates that ethanol made from grain sorghum at dry mill facilities that use natural gas for process energy meets the lifecycle greenhouse gas emissions reduction threshold of 20 percent compared to the baseline petroleum fuel it would replace, and therefore qualifies as renewable fuel. It also contains our regulatory determination that grain sorghum ethanol produced at dry mill facilities using specified forms of biogas for both process energy and most electricity production, has lifecycle GHG emission reductions of more than 50 percent compared to the baseline petroleum fuel it would replace, and that such grain sorghum ethanol qualifies as an advanced biofuel under the RFS Program.
Airworthiness Directives; Gulfstream Aerospace Corporation Airplanes
Document Number: 2012-30058
Type: Rule
Date: 2012-12-17
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Gulfstream Aerospace Corporation Model GIV-X airplanes. This AD requires performing a modified system power-on self test (SPOST) of the flap/stabilizer electronic control unit (FSECU), and revising the airplane flight manual to incorporate these test procedures into the daily preflight check. This AD was prompted by reports indicating that the FSECU does not detect failures of the brake feature within the horizontal stabilizer electric motor unit (HSEMU), or failures of drive solenoids for hydraulic valves within the flap hydraulic control module (FHCM) during the SPOST. We are issuing this AD to detect and correct such failures, which could result in runaway horizontal stabilizer pitch trim system and consequent loss of pitch control.
Used Motor Vehicle Trade Regulation Rule
Document Number: 2012-29920
Type: Proposed Rule
Date: 2012-12-17
Agency: Federal Trade Commission, Agencies and Commissions
Except as specifically described below, the FTC 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, in a separate Federal Register document, to amend it by changing the Spanish translation of the Buyers Guide. In addition, the Commission also has decided to issue a notice of proposed rulemaking (``NPR'') soliciting comments on proposed changes to the Rule. In this NPR, the Commission addresses the comments received during its review and invites public comment on the following four proposed changes to the Buyers Guide: adding boxes to the back of the Buyers Guide where dealers would have the option to indicate manufacturers' and other third-party warranties; adding a statement to the Buyers Guide encouraging consumers to seek vehicle history information and directing consumers to an FTC Web site for more information about vehicle histories; adding catalytic converters and airbags to the List of Systems on the back of the Buyers Guide; and adding a statement in Spanish to the English Buyers Guide directing consumers who cannot read the Buyers Guide in English to ask for a copy of it in Spanish.
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