2012 – Federal Register Recent Federal Regulation Documents

The Department of Veterans Affairs (VA) proposes to amend its VA Health Professional Scholarship Program (HPSP) regulations. VA also proposes to establish regulations for a new program, the Visual Impairment and Orientation and Mobility Professional Scholarship Program (VIOMPSP). These proposed regulations would comply with and implement sections 302 and 603 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (the 2010 Act). Section 302 of the 2010 Act established the VIOMPSP, which authorizes VA to provide financial assistance to certain students seeking a degree in visual impairment or orientation or mobility, in order to increase the supply of qualified blind rehabilitation specialists for VA and the United States. Section 603 of the 2010 Act reauthorized and modified HPSP, a program that provides scholarships for education or training in certain healthcare occupations.

This action establishes Class E airspace at Spanish Peaks Airfield, Walsenburg, CO, to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at the airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport. Also, the geographic coordinates of the airport are updated at the request of National Aeronautical Navigation Services.

We, the U.S. Fish and Wildlife Service (Service or USFWS), propose to reclassify the continental United States (U.S.) breeding population of wood stork from endangered to threatened under the Endangered Species Act of 1973, as amended (Act). We find that the best available scientific and commercial data indicate that the endangered designation no longer correctly reflects the current status of the continental U.S. breeding population of the wood stork due to a substantial improvement in the species' overall status. This proposed rule also constitutes our 12-month finding on the petition to reclassify the species.

In this Notice of Proposed Rulemaking (NPRM), the Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS) is proposing to update the definitions for interstate quarantine regulations to reflect modern terminology and plain language used by private industry and public health partners. These updates will not affect current practices. As part of the update, we are updating two existing definitions and adding eight new definitions to clarify existing provisions, as well as updating regulations to reflect the most recent Executive Order addressing quarantinable communicable diseases.

Through this Direct Final Rule, the Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS) is updating and reorganizing the Scope and Definitions for foreign quarantine regulations and add a new section to contain definitions for Importations. This Direct Final Rule (DFR) will update the scope and definitions to reflect modern terminology and plain language used globally by industry and public health partners. As part of the update, we are updating five existing definitions; adding thirteen new definitions to help clarify existing provisions; creating a new scope and definitions section for Importations under a new section by reorganizing existing definitions into this new section; and updating regulations to reflect the language used by the most recent Executive Order regarding quarantinable communicable diseases.

We are adopting a new airworthiness directive (AD) for certain serial numbers (S/Ns) of Rolls-Royce plc (RR) RB211-Trent 768-60, 772- 60, and 772B-60 turbofan engines. This AD requires initial and repetitive on-wing or in-shop inspections of the high pressure/ intermediate pressure (HP/IP) turbine bearing support oil feed tube outer heat shield. This AD also requires installation of a revised HP/ IP turbine bearing support structure as terminating action to the repetitive inspections of the HP/IP turbine bearing support oil feed tube outer heat shield. This AD was prompted by a report of high oil consumption due to an oil leak from the HP/IP turbine bearing support oil feed tube. We are issuing this AD to prevent failure of the HP turbine disc, uncontained engine failure, and damage to the airplane.

We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 757-200, -200CB, and -300 series airplanes. That AD currently requires initial and repetitive inspections of the fuselage skin and bear strap at the forward, upper corner of the L1 entry door cutout for cracking, and repair if necessary. That action also provides an optional terminating action for the repetitive inspections. That AD also requires additional inspections for airplanes having repairs or preventative modifications installed and inspections for certain other airplanes. This AD requires the previous actions with additional airplane group configurations added to paragraph (n) of this AD. This AD was prompted by a determination that certain airplane group configurations in paragraph (n) of the existing AD were inadvertently removed in the final rule. We are issuing this AD to detect and correct cracking of the fuselage skin and bear strap at the forward upper corner of the L1 entry door cutout, which could result in reduced structural integrity of the L1 entry door, and consequent rapid decompression of the airplane.

We are superseding an existing airworthiness directive (AD) for certain Airbus Model A300 B4-2C, B4-103, and B4-203 airplanes; and Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, and B4-622R airplanes. That AD currently requires performing a one-time detailed visual inspection of the forward fitting at frame (FR) 40 on both sides of the airplane for cracks, and repair if necessary. This new AD requires repetitive detailed inspections of the forward fitting at FR 40 without nut removal, and a one-time eddy current or liquid penetrant inspection of the forward fitting at FR 40 with nut removal, and repair if necessary. This AD was prompted by reports that new cracks were found in the FR 40 forward fitting. We are issuing this AD to detect and correct cracking of the FR 40 forward fitting, which could result in a deterioration of the structural integrity of the frame.

This regulation establishes tolerances for residues of quinclorac in or on berry, low growing, except strawberry, subgroup 13- 07 H and rhubarb. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Coast Guard has issued a temporary deviation from the regulation governing the operation of the Lapalco Boulevard bascule span drawbridge across the Harvey Canal Route, Gulf Intracoastal Waterway (GIWW), mile 2.8 at New Orleans, Jefferson Parish, Louisiana. The deviation is necessary to allow for the removal and replacement of the bridge's electrical components. This deviation allows the bridge to remain closed to navigation for eight consecutive days.

The Coast Guard has issued temporary deviations from the regulations governing the operation of the following four bridges in Miami, Florida: The Venetian Causeway Bridge (West), mile 1088.6, across the Atlantic Intracoastal Waterway; the Venetian Causeway Bridge (East), across Biscayne Bay; the Miami Avenue Bridge, mile 0.3, across the Miami River; and the Brickell Avenue Bridge, mile 0.1, across the Miami River. The deviations are necessary to allow for race participants to traverse the bridges during the ING Marathon. This deviation will result in the bridges remaining in the closed position during the ING Marathon. Tugs and tugs with tows are not exempt from this deviation.

NMFS sets the 2013 commercial and recreational quotas for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through this temporary rule. NMFS has determined that the allowable biological catch (ABC) for red snapper in 2012 has been exceeded. Therefore, NMFS is maintaining the commercial and recreational quotas for red snapper in 2013 at the 2012 level. The intent of this action is to help achieve optimum yield (OY) for the Gulf red snapper resource without increasing the risk of red snapper experiencing overfishing.

This final rule amends the Pension Benefit Guaranty Corporation's regulation on Allocation of Assets in Single-Employer Plans to prescribe interest assumptions for valuation dates in the first quarter of 2013. The interest assumptions are used for valuing benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC. As discussed below, PBGC has published a separate final rule document dealing with interest assumptions under its regulation on Benefits Payable in Terminated Single-Employer Plans for January 2013.

This action proposes to establish Class E airspace at White Mountain Airport, White Mountain, AK, to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at the airport. The FAA is proposing this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at White Mountain Airport.

This action proposes to amend Class E Airspace at Morrisville, VT, as the Morrisville-Stowe Non-Directional Radio Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures have been developed at Morrisville-Stowe State Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.

This action proposes to establish Class E airspace at Wilbur Airport, Wilbur, WA. Controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Wilbur Airport, Wilbur, WA. The FAA is proposing this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.

The Coast Guard is establishing a special local regulation on the waters of Biscayne Bay and the Miami River in Miami, FL during the 2013 Orange Bowl Paddle Championship. The event will take place on January 13, 2013 between the hours of 9 a.m. to 1 p.m. Approximately 300 kayaks and paddleboards will participate in the event. The special local regulation is necessary to ensure the safety of the participants, participant vessels, and the general public during the event. Non- participant vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Miami or a designated representative.

The Coast Guard will enforce a safety zone in the Captain of the Port New York Zone on the specified date and time. This action is necessary to ensure the safety of vessels and spectators from hazards associated with fireworks displays. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port.

The Coast Guard will enforce the 1,000 foot safety zones during the Sacramento New Year's Eve Fireworks Display in the navigable waters of the Sacramento River on December 31, 2012 and January 1, 2013. The fireworks displays will occur from 9 p.m. to 9:15 p.m. on December 31, 2011 and from 11:59 p.m. on December 31, 2012 until 12:15 a.m. on January 1, 2013 for the annual Sacramento New Year's Eve Fireworks Display. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM).

The Coast Guard is establishing three temporary safety zones during New Year's Eve fireworks displays on certain navigable waterways in Biscayne Bay and Palm Beach, Florida. These safety zones are necessary to protect the public from the hazards associated with launching fireworks over navigable waters of the United States. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within any of the three safety zones unless authorized by the Captain of the Port Miami or a designated representative.

This action extends the comment period for a notice of availability that was published in the Federal Register on December 7, 2012. In that document, the FAA announced a proposed policy statement regarding the regulation of some occupational safety and health conditions affecting cabin crewmembers on aircraft by the Occupational Safety and Health Administration. The comment period is scheduled to close on January 7, 2013. Several airline associations have requested that the FAA extend the comment period for an additional 30 days to allow time for their members to evaluate the impacts and implications of the proposed policy and prepare comments.

On January 30, 2012, the EPA proposed revisions to several provisions of the final National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources. The proposed revisions were made, in part, in response to a petition for reconsideration received by the Administrator following the promulgation of the October 29, 2009, final rule (``2009 final rule''). In this action, the EPA is finalizing those amendments, lifting the stay of the title V permit requirement issued on March 14, 2011, and lifting the stay of the final rule issued on October 25, 2012. In addition, this final action includes revisions to the EPA's approach for addressing malfunctions and standards applicable during startup and shutdown periods. This final action also includes amendments and technical corrections to the final rule to clarify applicability and compliance issues raised by stakeholders subject to the 2009 final rule. The revisions to the final rule do not reduce the level of environmental protection or emissions control on sources regulated by this rule but provide flexibility and clarity to improve implementation. This action also extends the compliance date for existing sources and the EPA's final response to all issues raised in the petition for reconsideration.

The Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'' or ``DFA'') established a comprehensive new statutory framework for swaps and security-based swaps. The Dodd-Frank Act repeals some sections of the Commodity Exchange Act (``CEA'' or ``Act''), amends others, and adds a number of new provisions. The DFA also requires the Commodity Futures Trading Commission (``CFTC'' or ``Commission'') to promulgate a number of rules to implement the new framework. The Commission has proposed and finalized numerous rules to satisfy its obligations under the DFA. This final rulemaking makes certain conforming amendments to recordkeeping provisions of regulations 1.31 and 1.35(a) to integrate these regulations more fully with the new framework created by the Dodd-Frank Act.\1\ This final rulemaking requires futures commission merchants (``FCMs''), certain introducing brokers (``IBs''), retail foreign exchange dealers (``RFEDs'') and certain other registrants that are members of designated contract markets (``DCMs'') or swap execution facilities (``SEFs'') to record all oral communications provided or received concerning quotes, solicitations, bids, offers, instructions, trading, and prices, that lead to the execution of a transaction in a commodity interest, whether communicated by telephone, voicemail, mobile device, or other digital or electronic media, and to keep those records for one year. This final rule also requires FCMs, IBs, RFEDs, and all members of a DCM or SEF to record and keep all written communications provided or received concerning quotes, solicitations, bids, offers, instructions, trading, and prices, that lead to the execution of a transaction in a commodity interest or related cash or forward transactions, whether communicated by telephone, voicemail, facsimile, instant messaging, chat rooms, electronic mail, mobile device, or other digital or electronic media, and to keep those written records for five years.

The Department of Labor announces the effective date of its Final Rule published on August 29, 2011, to implement Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts (Executive Order 13495 or Order). Executive Order 13495 states that the Order shall apply to solicitations issued on or after the effective date of regulations issued by the Federal Acquisition Regulatory Council (FARC) to amend the Federal Acquisition Regulation (FAR) to provide for the inclusion of the contract clause set forth in Executive Order 13495 in Federal solicitations and contracts for services subject to the Order (FARC Final Rule). The Department of Labor Final Rule provided that it would not be effective until the FARC issued the FARC Final Rule, and that as a result, the Department of Labor would publish a notice in the Federal Register announcing the effective date once the effective date was determined. The FARC has established January 18, 2013 as the effective date for its final rule. In accordance with the Department of Labor Final Rule, this document advises the public of the effective date of the Department's Final Rule. In addition, in accordance with the Paperwork Reduction Act (PRA), the Department of Labor announces that the Office of Management and Budget has approved the information collection requirements contained in the Department of Labor Final Rule.

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement an Executive order for nondisplacement of qualified workers under service contracts, as implemented in Department of Labor regulations.