2012 – Federal Register Recent Federal Regulation Documents

The Food and Drug Administration (FDA or we) is proposing to revoke the standards of identity for artificially sweetened jelly, preserves, and jams. We are taking this action primarily in response to a citizen petition submitted by the International Jelly and Preserve Association (IJPA). We are taking this action because we tentatively conclude that these standards are both obsolete and unnecessary in light of our regulations for foods named by use of a nutrient content claim and a standardized term. We also tentatively conclude that this action will promote honesty and fair dealing in the interest of consumers.

We propose to supersede an existing airworthiness directive (AD) that applies to certain Bombardier, Inc. Model DHC-8-400 series airplanes. The existing AD currently requires a free-play check for excessive free-play of the shaft swaged bearing installed in the tailstock end of each elevator power control unit (PCU), and replacing any PCU on which the bearing exceeds allowable limits with a serviceable PCU. Since we issued that AD, we have determined that additional airplanes are affected by the identified unsafe condition. This proposed AD would add airplanes to the applicability in the existing AD. We are proposing this AD to detect and correct excessive freeplay of the swaged bearings, which could lead to excessive airframe vibrations and difficulties in pitch control, and consequent loss of controllability of the airplane.

The Office of Personnel Management (OPM) is issuing an interim regulation to amend regulations regarding the effect of any court decree of divorce, annulment, or legal separation, or any court- approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation (hereinafter ``court order'') where the court order expressly provides that an individual receive Federal Employee's Group Life Insurance (FEGLI) benefits. The interim regulations will allow court orders submitted to the appropriate Federal agency before July 22, 1998 to be effective for providing FEGLI benefits if the court order was received in the appropriate office before the insured Federal employee's or annuitant's death. This revision does not affect the current statutory limitation that court orders apply only when FEGLI benefits are based on insured individuals who died after July 22, 1998.

In this document, the Federal Communications Commission (Commission) amends its rules to reassign to the Office of Managing Director (OMD) certain audit activities formerly assigned to the Office of Inspector General (OIG). The activities concern oversight of the annual audit of the Universal Service Administrative Corporation (USAC) required by the Commission's rules. In addition, the Commission delegates of authority to OMD, in consultation with the Office of General Counsel, to issue subpoenas concerning matters within its jurisdiction.

NMFS is broadening the scope of individuals and entities approved to complete vessel fish hold capacity certifications for vessels issued Tier 1 and 2 limited access Atlantic mackerel permits under the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (MSB FMP). In addition, this rule extends the deadline to submit vessel fish hold capacity certifications from December 31, 2012, to December 31, 2013 or during a vessel replacement transaction, whichever comes first.

EPA is taking direct final action to approve a revision to the Delaware Department of Natural Resources and Environmental Control (DNREC) State Implementation Plan (SIP). The revision amends Regulation 1102PERMITS, Appendix A to provide permit exemptions for certain internal combustion engines. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).

This notice announces three fact-finding informal airspace meetings to solicit information from airspace users and others, concerning a proposal to revise the Class B airspace at Miami, FL, and the Class C airspace at Ft Lauderdale, FL. The purpose of these meetings is to provide interested parties an opportunity to present views, recommendations, and comments on the proposal. All comments received will be considered prior to any issuance of a notice of proposed rulemaking.

The Department of Health and Human Services is correcting a final rule that appeared in the Federal Register on October 5, 2012 (77 FR 61084). The document updated the list of HHS and overlap biological agents and toxins and designated certain select agents and toxins as Tier 1 agents.

The Department of Labor proposes to revise and reorganize the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges, from our regulations, which provide procedural guidance to administrative law judges, claimants, employers, and Department of Labor representatives seeking to resolve disputes under a variety of employment and labor laws. The Office of Administrative Law Judges promulgated these regulations in 1983. The regulations were modeled on the Federal Rules of Civil Procedure (FRCP) and have proved extraordinarily helpful in providing litigants with familiar rules governing hearing procedure. Since 1983, the FRCP have been amended many times. Moreover, in 2007 the FRCP were given a complete revision to improve style and clarity. The nature of litigation has also changed in the past 28 years, particularly in the areas of discovery and electronic records. Thus, OALJ has revised its regulations to make the rules more accessible and useful to parties, and to harmonize administrative hearing procedures with the current FRCP. The goal in amending the regulations is to provide clarity through the use of consistent terminology, structure and formatting so that parties have clear direction when pursuing or defending against a claim. In addition to revising the regulations to conform to modern legal procedure, the rules need to be modified to reflect the types of claims now heard by OALJ. When the rules were promulgated in 1983, OALJ primarily adjudicated occupational disease and injury cases. Presently, and looking ahead to the future, OALJ is and will be increasingly tasked with hearing whistleblower and other workplace retaliation claims, in addition to the occupational disease and injury cases. These types of cases require more structured management and oversight by the presiding administrative law judge and more sophisticated motions and discovery procedures than the current regulations provide. In order to best manage the complexities of whistleblower and discrimination claims, OALJ needs to update its rules to address the procedural questions that arise in these cases.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements (form revisions) associated with the Commission's rules contained in the Third Report and Order, FCC 11-190, pertaining to the policies to promote rural radio service and to streamline allotment and assignment procedures. This notice is consistent with the Third Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of these information collection requirements (form changes).

This final rule revises the regulations governing the Indian Housing Block Grant (IHBG) program and the Title VI Loan Guarantee program. HUD negotiated this rule with active tribal participation under the procedures of the Negotiated Rulemaking Act of 1990, pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. These regulatory changes implement statutory amendments and reflect the consensus decisions reached by HUD and the tribal representatives.

This regulation establishes tolerances for residues of halosulfuron-methyl in or on multiple commodities which are identified and discussed later in this document. Canyon Group L.L.C., c/o Gowan Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Technical corrections are being made to the Commission's Release No. 34-68071, which proposed capital and margin requirements for security-based swap dealers (``SBSDs'') and major security-based swap participants (``MSBSPs''), segregation requirements for SBSDs, and notification requirements with respect to segregation for SBSDs and MSBSPs, as well as increases to the minimum net capital requirements for broker-dealers permitted to use the alternative internal model- based method for computing net capital.

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

EPA is making a number of determinations relating to 1997 8- hour ozone nonattainment areas in California. First, EPA is determining that six 8-hour ozone nonattainment areas in California (Amador and Calaveras Counties, Chico, Kern County, Mariposa and Tuolumne Counties, Nevada County, and Sutter County) (``six CA areas'') attained the 1997 8-hour ozone national ambient air quality standard (NAAQS) by their applicable attainment dates. Second, in conjunction with its determinations for Mariposa and Tuolumne Counties and Nevada County, EPA is granting these areas one-year attainment date extensions. Lastly, EPA is determining that the six CA areas and the Ventura County 8-hour ozone nonattainment area in CA have attained and continue to attain the 1997 8-hour ozone NAAQS based on the most recent three years of data. Under the provisions of EPA's ozone implementation rule, these determinations suspend the requirements to submit revisions to the state implementation plans (SIP) for these areas related to attainment of the 1997 8-hour ozone standard for as long as these areas continue to meet the 1997 8-hour ozone NAAQS.

This action corrects a final rule; technical amendment, published by the FAA in the Federal Register on October 29, 2012, that adds two waypoints to the description of area navigation (RNAV) route Q-1. This action corrects the spelling of the TOCOS waypoint.

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This final rule requires manufacturers (including importers) of cadmium or cadmium compounds, including as part of an article, that have been, or are reasonably likely to be, incorporated into consumer products to report certain unpublished health and safety studies to EPA. The Interagency Testing Committee (ITC), established under section 4(e) of the Toxic Substances Control Act (TSCA) to recommend chemicals and chemical mixtures to EPA for priority testing consideration, amends the TSCA section 4(e) Priority Testing List through periodic reports submitted to EPA. The ITC added cadmium and cadmium compounds to the Priority Testing List through its 69th ITC Report.

We are adopting a new airworthiness directive (AD) for GA 8 Airvan (Pty) Ltd Models GA8 and GA8-TC320 Airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 burnt electrical connectors leading to the left-hand wingtip pitot heater, which may result in loss of airspeed indication. We are issuing this AD to require actions to address the unsafe condition on these products.

We are superseding an existing airworthiness directive (AD) for all Turbomeca S.A. Arriel 1E2, 1S, and 1S1 turboshaft engines. That AD currently requires a one-time inspection and torque check of the 3- way union plug installed on all fuel control units (FCUs). This new AD requires the same actions. This AD also requires reduction of the applicability to certain FCUs and references an updated service bulletin containing additional detailed information to identify the non-compliant ``red disk.'' This AD also requires replacement of the plug before further flight if it is found to be non-compliant, and prohibits installation of FCUs that have not passed the 3-way union plug inspection and torque check. This AD was prompted by Turbomeca S.A. informing us that FCUs manufactured, repaired, or overhauled after March 31, 2008, do not require inspection. We are issuing this AD to prevent fuel leaks, which could result in a fire and damage to the helicopter.

We propose to adopt a new airworthiness directive (AD) for all Pacific Aerospace Limited Models FU24-954 and FU24A-954 airplanes that would supersede an existing AD. 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 aircraft operating outside the aircraft aft center of gravity (C of G) limits during parachute-drop operations. Exceeding C of G limits could result in loss of control of the aircraft. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

This action proposes to establish Class E airspace at Beeville, TX. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Chase Field Industrial Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.

This action proposes to amend Class E airspace at Middletown, OH. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Middletown Regional/ Hook Field Airport (formerly Hook Field Municipal Airport). The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport. Geographic coordinates and the airport name would also be updated.

On February 29, 2012, the Ohio Environmental Protection Agency submitted a request for EPA to approve the redesignation of the Ohio portion of the Parkersburg-Marietta West Virginia-Ohio nonattainment area to attainment of the 1997 annual standard for fine particulate matter (PM2.5). EPA is proposing to approve Ohio's request. EPA is proposing to determine that the entire Parkersburg-Marietta area attains the 1997 annual PM2.5 standard, based on the most recent three years of certified air quality data. EPA is proposing to approve, as revisions to the Ohio State Implementation Plan (SIP), the state's plan for maintaining the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) through 2022 in the area. EPA is proposing to approve a 2005 emissions inventory for the Ohio portion of the Parkersburg-Marietta area as meeting the comprehensive emissions inventory requirement of the Clean Air Act (CAA or Act). Ohio's maintenance plan submission includes an insignificance finding for the mobile source contribution of PM2.5 and nitrogen oxides (NOX) to Ohio's portion of the Parkersburg-Marietta PM2.5 area for transportation conformity purposes; EPA agrees with this finding and proposes to determine the insignificance of the 2022 motor vehicle emission budget (MVEB) for the Ohio portion of the Parkersburg-Marietta area for transportation conformity purposes.