2012 – Federal Register Recent Federal Regulation Documents

The Architectural and Transportation Barriers Compliance Board (Access Board) is holding an information meeting in Seattle, WA on October 2, 2012 on pending rulemaking to revise and update accessibility guidelines for buses, over-the-road buses, and vans. The purpose of the meeting is to discuss issues related to the design and slope of bus ramps and the space needed at the top of ramps by individuals who use wheeled mobility devices to access the fare collection device and to turn into the main aisle.

This document contains final regulations that apply to determine when property is traded on an established market (that is, publicly traded) for purposes of determining the issue price of a debt instrument. The regulations amend the current regulations to clarify the circumstances that cause property to be publicly traded. The regulations also amend the current regulations for reopenings of debt instruments, potentially abusive situations, and the definition of qualified stated interest. The regulations provide guidance to issuers and holders of debt instruments.

This rule updates the security and revenue protection features of the Computerized Meter Resetting System (CMRS) to reflect recommended changes in Sarbanes-Oxley compliance procedures.

EPA is taking direct final action to approve a revision to the Missouri State Implementation Plan (SIP) to incorporate a new Missouri regulation to restrict Particulate Matter (PM) emissions from fuel burning equipment used for indirect heating. The new regulation consolidates four existing area-specific regulations into one state- wide rule for clarity. The requirements prescribed in the new regulation are as stringent as the conditions specified in the currently approved SIP with the four existing area-specific regulations. EPA has determined that the SIP revision submitted by the State of Missouri satisfies the applicable requirements of the Clean Air Act (CAA or Act).

These special conditions are issued for the Bombardier Model CL-600-2B16 airplanes, including variants CL-601-3A, CL-601-3R and CL- 604. This airplane, as modified by Atlantic Aero, Inc., will have a novel or unusual design feature associated with an advanced, enhanced flight vision system (EFVS). The EFVS consists of a head-up display (HUD) system modified to display forward-looking infrared (FLIR) imagery. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The Farm Credit Administration (FCA, we, or our) is proposing to establish a regulatory framework for Farm Credit System (System) institutions' use of unincorporated business entities (UBEs) organized under State law for certain business activities. For purposes of this proposed rule, a UBE includes limited partnerships (LPs), limited liability partnerships (LLPs), limited liability limited partnerships (LLLPs), limited liability companies (LLCs), and any other unincorporated business entities, such as unincorporated business trusts, organized under State law. This rule does not apply to UBEs that one or more System institutions may establish as Rural Business Investment Companies (RBICs) pursuant to the institutions' authority under the provisions of title VI of the Farm Security and Rural Investment Act of 2002, as amended (FSRIA), and United States Department of Agriculture (USDA) regulations implementing FSRIA. This rule does apply, however, to System institutions that organize UBEs for the express purpose of investing in RBICs.

This final rule modifies the Department of Health and Human Services (HHS) regulations for medical examinations of underground coal miners. Existing regulations established specifications for providing, interpreting, classifying, and submitting film-based roentgenograms (now commonly called chest radiographs or X-rays) of underground coal miners. The revised standards modify the requirements to permit the use of film-based radiography systems and add a parallel set of standards permitting the use of digital radiography systems. An additional amendment requires coal mine operators to provide the National Institute for Occupational Safety and Health (NIOSH) with employee rosters to assist the Coal Workers' Health Surveillance Program in improving participation by miners.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Northern Avenue Bridge, mile 0.1, across the Fort Point Channel, at Boston, Massachusetts. Under this temporary deviation a six-hour advance notice for bridge opening shall be required at the bridge to facilitate bridge repairs.

In accordance with the regulations implementing the individual fishing quota (IFQ) programs for the commercial red snapper and grouper/tilefish components of the reef fish fishery in the Gulf of Mexico (Gulf), the Regional Administrator, Southeast Region, NMFS (RA) has determined that catastrophic conditions exist in the following Louisiana Parishes: Lafourche, St. Bernard, Plaquemines, and Jefferson, as a result of Hurricane Isaac. Consistent with those regulations, the RA has authorized IFQ participants within this affected area to temporarily use paper-based forms, if necessary, for basic required IFQ administrative functions, e.g., landing transactions. This temporary rule announcing the determination of catastrophic conditions and allowance of alternative methods for completing required IFQ administrative functions is intended to facilitate continuation of IFQ operations during the period of catastrophic conditions.

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A330-200 and -300 series airplanes. This proposed AD was prompted by a report of a prematurely fractured main landing gear (MLG) bogie beam. This proposed AD would require replacing certain MLG bogie beams before reaching new reduced life limits. We are proposing this AD to prevent fracture of the MLG bogie beam, which, under high speed, could ultimately result in the airplane departing the runway, the bogie beam detaching from the airplane, or collapse of the MLG; and consequent structural damage to the airplane and injury to the occupants.

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This proposed AD was prompted by reports of an incorrect procedure used to apply the wear and corrosion protective surface coating to attach pins of the horizontal stabilizer rear spar. This proposed AD would require inspecting to determine the part number of the attach pins of the horizontal stabilizer rear spar, and replacing certain attach pins with new, improved attach pins. We are proposing this AD to prevent premature failure of the attach pins, which could cause reduced structural integrity of the horizontal stabilizer to fuselage attachment, resulting in loss of control of the airplane.

EPA is approving the State Implementation Plan (SIP) revision submitted by the State of West Virginia (West Virginia) on July 8, 2011. This revision pertains to amendments of West Virginia's Legislative Rule regarding ambient air quality standards (45 CSR 8 Ambient Air Quality Standards). These amendments incorporate by reference the National Ambient Air Quality Standards (NAAQS) in effect on June 1, 2010 for sulfur dioxide (SO2), particulate matter (PM), carbon monoxide (CO), ozone, nitrogen dioxide (NO2), and lead. This action is being taken under the Clean Air Act (CAA).

This regulation amends the existing exemption from the requirement of a tolerance for residues of polyoxin D zinc salt when used as a fungicide on almonds, cucurbit vegetables, fruiting vegetables, ginseng, grapes, pistachios, pome fruits, potatoes, and strawberries by expanding the current exemption to include all food commodities. This regulation establishes an exemption from the requirement of a tolerance for residues of polyoxin D zinc salt in or on all food commodities when applied as a fungicide and used in accordance with good agricultural practices. On behalf of Kaken Pharmaceutical Co., Ltd., Conn & Smith, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting that EPA amend the existing exemption from the requirement of a tolerance for polyoxin D zinc salt. This regulation eliminates the need to establish a maximum permissible level for residues of polyoxin D zinc salt under the FFDCA.

This regulation establishes tolerances for residues of dinotefuran in or on multiple commodities which are identified and discussed later in this document. Also, due to the tolerances established by this document, the Agency is removing the existing tolerances for grape and potato as unnecessary. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

We, the U.S. Fish and Wildlife Service (Service), propose to list the Jemez Mountains salamander as an endangered species under the Endangered Species Act of 1973, as amended (Act); and propose to designate critical habitat for the species. In total, approximately 90,789 acres (36,741 hectares) are being proposed for designation as critical habitat in Los Alamos, Rio Arriba, and Sandoval Counties, New Mexico.

We are adopting a new form and rule pursuant to Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act relating to the use of conflict minerals. Section 1502 added Section 13(p) to the Securities Exchange Act of 1934, which requires the Commission to promulgate rules requiring issuers with conflict minerals that are necessary to the functionality or production of a product manufactured by such person to disclose annually whether any of those minerals originated in the Democratic Republic of the Congo or an adjoining country. If an issuer's conflict minerals originated in those countries, Section 13(p) requires the issuer to submit a report to the Commission that includes a description of the measures it took to exercise due diligence on the conflict minerals' source and chain of custody. The measures taken to exercise due diligence must include an independent private sector audit of the report that is conducted in accordance with standards established by the Comptroller General of the United States. Section 13(p) also requires the issuer submitting the report to identify the auditor and to certify the audit. In addition, Section 13(p) requires the report to include a description of the products manufactured or contracted to be manufactured that are not ``DRC conflict free,'' the facilities used to process the conflict minerals, the country of origin of the conflict minerals, and the efforts to determine the mine or location of origin. Section 13(p) requires the information disclosed by the issuer to be available to the public on its Internet Web site.

In accordance with the requirements of the Federal Advisory Committee Act, 5 U.S.C. Appendix 2, the U.S. Department of the Interior, Bureau of Indian Affairs, Osage Negotiated Rulemaking Committee will meet as indicated below.

We propose to adopt a new airworthiness directive (AD) for certain Cessna Aircraft Company Models 172RG, R182, TR182, FR182, 210N, T210N, 210R, T210R, P210N, P210R, and T303 airplanes. This proposed AD was prompted by a report of a cockpit fire that appeared to originate from the area of the landing gear's hydraulic power pack system. This proposed AD would require you inspect the aircraft's hydraulic power pack wiring for incorrect installation, and if needed, correct the installation. We are proposing this AD to correct the unsafe condition on these products.

The Copyright Office is extending the deadline for filing reply comments in response to its Notice of Proposed Rulemaking concerning the verification of Statements of Account and royalty payments that are deposited with the Office by cable operators and satellite carriers. Initial comments are available for review on the Copyright Office Web site.

We are revising an earlier proposed airworthiness directive (AD) for all The Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes. That NPRM proposed repetitive high frequency eddy current (HFEC) inspections for cracking of the left and right rib hinge bearing lugs of the aft face of the center section of the horizontal stabilizer; measuring crack length and blending out cracks; and replacing the horizontal stabilizer center section rib, if necessary. That NPRM was prompted by reports of cracks of the hinge bearing lugs of the center section ribs of the horizontal stabilizer. This action revises that NPRM by adding the requirement for rib replacement if cracking is found during certain inspections of this proposed AD. We are proposing this supplemental NPRM to detect and correct cracking in the hinge bearing lugs of the horizontal stabilizer center section ribs, which could result in failure of the lugs, resulting in the inability of the horizontal stabilizer to sustain the required limit loads and consequent loss of control of the airplane. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

The Federal Emergency Management Agency (FEMA) is withdrawing its proposed rule concerning proposed flood elevation determinations for Clay County, Florida, and Incorporated Areas.

On April 14, 2010, FEMA published in the Federal Register a proposed rule that included an erroneous name for one of the flooding sources for Franklin County, North Carolina and Incorporated Areas. The flooding source name should have read Taylors Creek instead of Taylors Branch.

The Food and Drug Administration (FDA) is confirming the effective date of August 7, 2012, for the final rule that published in the Federal Register of July 6, 2012 (77 FR 39921) and that revised the requirements for D&C Red No. 6 and D&C Red No. 7 by replacing the current specification for ``Ether-soluble matter'' with a maximum limit of 0.015 percent for the recently identified impurity 1-[(4- methylphenyl)azo]-2-naphthalenol.

The Coast Guard is establishing a temporary safety zone on the waters of Biscayne Bay located west of Key Biscayne and south of Rickenbacker Causeway in Miami, Florida during the Miami Paddle Challenge, a series of paddle boat races. The Miami Paddle Challenge is scheduled to take place on Sunday, September 29, 2012. The temporary safety zone is necessary for the safety of race participants, participant vessels, spectators, and the general public during the event. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Miami or a designated representative.

This action establishes Class E airspace at Trinchera Ranch Airstrip Airport, Fort Garland, CO. Controlled airspace is necessary to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Trinchera Ranch Airstrip Airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.