2012 – Federal Register Recent Federal Regulation Documents

The Rural Utilities Service (RUS) published a document in the Federal Register on July 26, 2012, proposing policies and procedures for loan and guarantee financial assistance in support of energy efficiency programs (EE Programs) sponsored and implemented by electric utilities for the benefit of rural persons in their service territory. The comment period closing date was incorrect.

The Environmental Protection Agency (``EPA'' or ``the Agency'') is issuing this proposed rule to update and clarify several sections of the Polychlorinated Biphenyl (PCB) regulations associated with the manifesting requirements, which uses the Resource Conservation and Recovery Act (RCRA) Uniform Hazardous Waste Manifest, under the Toxic Substances Control Act (TSCA). Today's changes are to match, as much as possible, the manifesting requirements for PCBs under TSCA to the manifesting requirements for hazardous waste under RCRA, of which the regulatory changes to implement the Uniform Hazardous Waste Manifest form were promulgated on March, 4, 2005.

We are adopting a new airworthiness directive (AD) for certain Diamond Aircraft Industries GmbH Models DA 42, DA 42 NG, and DA 42 M-NG 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 excessive voids in the adhesive joint between the center wing spars and the upper center wing skins. This condition could cause the wing to fail, which could result in loss of control of the airplane. We are issuing this AD to require actions to address the unsafe condition on these products.

The Federal Aviation Administration is requesting public comment on request by the Louisville Regional Airport Authority to change a portion of airport property from aeronautical to non- aeronautical use at the Louisville International Airport, Louisville, Kentucky. The request consists approximately of 1.27 acres of fee simple release. This action is taken under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21).

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-400 series airplanes. This AD was prompted by reports of water leaking into electrical and electronic equipment in the main equipment center (MEC). This AD requires modifying the floor panels; removing drains; installing floor supports, floor drain trough doublers, drain troughs, and drains; and sealing and taping the floor panels. We are issuing this AD to prevent water from entering the MEC, which could result in an electrical short and potential loss of several functions essential for safe flight.

We are adopting a new airworthiness directive (AD) for certain Eurocopter France Model AS350 helicopters. This AD requires installing protection sleeves over certain forward (pitch) servo-control hydraulic hoses. This AD was prompted by an in-flight fire caused by the ignition of hydraulic fluid leaking from a damaged forward servo-control hydraulic hose. This AD's actions are intended to prevent the forward servo-control hydraulic hoses from becoming damaged and leaking hydraulic fluid that could ignite in flight, which could result in loss of main rotor (M/R) control, power loss, structural damage, propagation of fire, and subsequent loss of control of the helicopter.

This rule prescribes special early-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of tribal authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest, at levels compatible with populations and habitat conditions.

Notice is hereby given of eight public meetings: two meetings each for the Committee on Administration and Management, Committee on Collaborative Governance, Committee on Judicial Review, and Committee on Regulation of the Assembly of the Administrative Conference of the United States. At these meetings, the committees will consider reports by Conference consultants and work on preparing recommendations.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition ``Manet: Portraying Life,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The Toledo Museum of Art in Toledo, Ohio from on or about October 4, 2012, until on or about January 1, 2013, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register.

In response to requests from interested parties, the Department of Commerce (``the Department'') initiated an administrative review of the antidumping duty order on certain polyester staple fiber from the Republic of Korea (``the Order''). The period of review is May 1, 2011, through April 30, 2012. Based on the withdrawal of requests for review, we are now rescinding this administrative review.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition ``Sicily: Art and Invention Between Greece and Rome,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The J. Paul Getty Museum in Los Angeles, California from on or about April 3, 2013, until on or about August 19, 2013; and then at the Cleveland Museum of Art in Cleveland, Ohio from September 29, 2013 to January 5, 2014; and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register.

We are announcing receipt of a 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 revisions and additions of rules pertaining to ownership and control. Utah intends to revise its program to be consistent with the corresponding Federal regulations. This document gives the times and locations that the Utah program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

The Carol M. White Physical Education Program (PEP) is authorized by the Elementary and Secondary Education Act of 1965, as amended. In establishing PEP, Congress acknowledged the critical need to improve physical education programs for K-12 students, in order to help them make progress toward meeting state standards for physical education. The U.S. Department of Education (ED) is interested in gaining a thorough understanding of what PEP projects experience related to two new program competitive preference priorities: The establishment of official partnerships and the collection and use of Body Mass Index (BMI) measurements.

This notice sets forth the schedule and agenda of the meeting of the President's Board of Advisors on Historically Black Colleges and Universities. The notice also describes the functions of the Board. Notice of the meeting is required by section 10(a)(2) of the Federal Advisory Committee Act and intended to notify the public of its opportunity to attend.

Notice is hereby given that a permit has been issued to Colleen Reichmuth, Ph.D., University of California at Santa Cruz, Long Marine Laboratory, 100 Shaffer Road, Santa Cruz, CA, to take pinnipeds for scientific research purposes.

On March 4, 2009, the National Institutes of Health (NIH) Office of Biotechnology Activities, Office of Science Policy (NIH/OBA) published a proposal in the Federal Register (74 FR 9411) to revise the NIH Guidelines in two regards. The first was to address biosafety considerations for research with synthetic nucleic acids. The proposal modified the scope of the NIH Guidelines specifically to cover certain basic and clinical research with nucleic acid molecules created solely by synthetic means. The second proposed revision was to modify the criteria for determining whether an experiment to introduce drug resistance into a microorganism must be reviewed by the Recombinant DNA Advisory Committee (RAC) and approved by the NIH Director (as a Major Action under Section III-A-1-a of the NIH Guidelines). Comments submitted were discussed at the ``NIH Public Consultation on Proposed Changes to the NIH Guidelines for Synthetic Nucleic Acids'' on June 23, 2009 (https://oba.od.nih.gov/rdna_rac/rac_pub_con.html''. This notice sets forth final changes to the NIH Guidelines regarding those two proposals. The scope of the NIH Guidelines is being modified to cover certain classes of basic and clinical research with synthetic nucleic acids while exempting others. As discussed herein, the majority of research with synthetic nucleic acids that are not designed to replicate does not raise significant biosafety concerns that warrant oversight under the NIH Guidelines. Because of the modification of the scope of the NIH Guidelines, the title of the NIH Guidelines will be revised from NIH Guidelines for Research Involving Recombinant DNA Molecules to NIH Guidelines for Research Involving Recombinant or Synthetic Nucleic Acids Molecules. These changes also clarify the criteria for determining whether an experiment to introduce drug resistance into a microorganism raises sufficient public health issues to warrant the experiment being reviewed by the RAC and approved by the NIH Director under Section III- A-1-a of the NIH Guidelines. While the current criteria for determining whether an experiment requires review under Section III-A-1-a are being retained, additional language is being added regarding the assessment of whether a drug is therapeutically useful. In addition, NIH/OBA has clarified that Institutional Biosafety Committees (IBCs) can consult with NIH/OBA regarding a specific experiment that does not meet the criteria for review under Section III-A-1-a but nonetheless raises important public health issues. Finally, a section is added to give NIH/OBA the authority to approve new experiments utilizing the same drug resistance trait and organism used in an experiment previously reviewed by the RAC and approved by the NIH Director. In March 2009, NIH/OBA also proposed changes to Section III-E-1 of the NIH Guidelines, which sets containment for recombinant experiments involving two-thirds or less of the genome of certain viruses in tissue culture. In response to the comments on the proposed changes to Section III-E-1, NIH/OBA revised the proposal and published a notice for comment on April 22, 2010 (75 FR 21008). Comments received in response to this notice were discussed at the June 16, 2010, public meeting of the RAC and additional discussions of subsequent revisions to the proposed changes took place at the June 7, 2011, meeting of the RAC. As these changes are not yet finalized, NIH/OBA will move forward with the other changes outlined below pending finalization of changes to Section III-E-1.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

In this order, EPA denies an objection to a prior order denying a petition requesting that EPA revoke all pesticide tolerances for dichlorvos under section 408(d) of the Federal Food, Drug, and Cosmetic Act. The objection was filed on February 1, 2008, by the Natural Resources Defense Council (NRDC). The original petition was also filed by NRDC. Previously, in July 2008, EPA denied this same objection but the United States Court of Appeals for the Second Circuit vacated that decision, in part, and remanded the matter to EPA. This order is being issued in response to the court's remand.

In accordance with the RCRA Prospective Purchaser Agreement, notice is hereby given of a proposed administrative settlement concerning a portion of the Delphi Flint West Site, a/k/a Chevy in the Hole in Flint, Michigan with the following settling party: The City of Flint. The settlement requires the Settling Party to conduct various actions at the Property including: Conducting a Phase 1 and Baseline Assessment of the Property; capping and enhancement of the existing cover over contaminated soils; planting of trees and other native vegetation; installing walkways; installing new groundwater monitoring wells and the performance of groundwater monitoring at new and existing wells; executing and recording a Declaration of Restrictive Covenant and providing access to the Property. The settlement includes a covenant not to sue the Settling Party pursuant to Sections 3008, 7003, or 9006 of RCRA, with respect to the Existing Contamination. Existing Contamination is defined as any Waste Material present or existing on or under the Property as of the Effective Date of the Settlement Agreement; any Waste Material that migrated from the Property prior to the Effective Date; and any Waste Material presently at the Site that migrates onto, on, under, or from the Property after the Effective Date. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at the EPA, Region 5, Records Center, 77 W. Jackson Blvd., 7th Fl., Chicago, Illinois 60604.

The FAA is issuing this notice to advise the public of the seventh meeting of the RTCA NextGen Advisory Committee (NAC).