2012 – Federal Register Recent Federal Regulation Documents

On December 16, 2009, FEMA published in the Federal Register a proposed rule that included an erroneous flooding source name for the Town of Livonia in Pointe Coupee Parish, Louisiana. The flooding source name of Bayou Fordoche, in effect for the location approximately 0.47 mile downstream of I-190 and approximately 1.21 miles upstream of I-190 should have been listed as Bayou Grosse Tete.

The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Cape Fear River Memorial Bridge, at mile 26.8, over Cape Fear River, at Wilmington, NC. The deviation restricts the operation of the draw span to facilitate the structural repairs of the bridge.

This final rule amends the Pool Plant provisions of the Mideast Federal milk marketing order regulating distributing plants physically located within the marketing area, with a Class I utilization of at least 30 percent and with combined route disposition and transfers of at least 50 percent distributed into Federal milk marketing areas, as Pool Distributing Plants under the terms of the order. More than the required number of producers for the Mideast marketing area approved the issuance of the final order as amended.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -800, and -900ER series airplanes. This proposed AD was prompted by incorrect wire support clamps installed within the left environmental cooling systems (ECS) bay, which could allow wiring to come in contact with the exposed metal of the improper clamp. This proposed AD would require inspections to identify the part number of the wire support clamp, related investigative actions, and corrective actions if necessary. We are proposing this AD to prevent electrical arcing and a potential ignition source, which in combination with flammable fuel vapors could result in a fuel tank explosion, and consequent loss of the airplane.

This document sets forth the revised appendices to the Dairy Tariff-Rate Import Quota Licensing Regulation for the 2012 quota year reflecting the cumulative annual transfers from Appendix 1 to Appendix 2 for certain dairy product import licenses permanently surrendered by licensees or revoked by the Licensing Authority.

The National Park Service proposes to designate new and existing multi-use trails and administrative roads within the New River Gorge National River as bicycle routes. The rule is necessary because the National Park Service general regulation requires publication of a special regulation to designate routes for bicycle use when such use will be outside of developed areas and special use zones.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A330-200, A330-300, A340-200 and A340-300 series airplanes. This proposed AD was prompted by a report that revealed the wheel axles of the main landing gear (MLG) were machined with a radius as small as 0.4 millimeters. This proposed AD would require replacing the wheel axle of the MLG with a serviceable part. We are proposing this AD to prevent fatigue of the wheel axle of the MLG, which could adversely affect the structural integrity of the airplane.

This final rule suspends indefinitely the Farm Service Agency (FSA) regulation requiring end-use certificates and tracking of wheat produced in Canada that enters the United States. This action is being taken in response to the discontinuation of Canada's end-use certificate program. As a result of these changes, importers and end- users of Canadian produced wheat are no longer required to provide FSA end-use certificates or consumption and resale reports on wheat produced in Canada.

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to add a new subpart and contract clause for the basic safeguarding of contractor information systems that contain information provided by or generated for the Government (other than public information) that will be resident on or transiting through contractor information systems.

We are adopting a new airworthiness directive (AD) for Pratt & Whitney Division PW4052, PW4152, PW4056, PW4156A, PW4060, PW4060A, PW4060C, PW4062, PW4062A, PW4158, PW4460, PW4462, PW4164, PW4164C, PW4164C/B, PW4168, and PW4168A turbofan engines with certain high- pressure turbine (HPT) stage 1 front hubs installed. This AD was prompted by Pratt & Whitney's updated low-cycle-fatigue analysis that indicated certain HPT stage 1 front hubs could initiate a crack prior to the published life limit. This AD requires removing the affected HPT stage 1 front hubs from service using a drawdown plan. We are issuing this AD to prevent failure of the HPT stage 1 front hub, which could lead to an uncontained engine failure and damage to the airplane.

The Coast Guard is establishing a temporary safety zone on the waters of the Atlantic Ocean in the vicinity of Apache Pier in Myrtle Beach, SC, during the Labor Day fireworks demonstration. This regulation is necessary to protect life and property on the navigable waters of the Atlantic Ocean off the coast of Myrtle Beach, SC. 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 Charleston or a designated representative.

The Coast Guard is establishing a temporary moving safety zone during the Swim Around Charleston, a swimming race occurring on waters of the Wando River, the Cooper River, Charleston Harbor, and the Ashley River, in Charleston, South Carolina. The Swim Around Charleston is scheduled to take place on Sunday, September 23, 2012. The temporary safety zone is necessary for the safety of the swimmers, 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 Charleston or a designated representative.

This action amends Class E Airspace in Augusta, GA. The Bushe Non-Directional Beacon (NDB) and the Burke County NDB have been decommissioned and new Standard Instrument Approach Procedures have been developed at Augusta Regional Airport at Bush Field, Augusta, GA, and Burke County Airport, Waynesboro, GA, respectively. Airspace reconfiguration is necessary for the continued safety and management of instrument flight rules (IFR) operations within the Augusta, GA, airspace area. This action also updates the geographic coordinates of Burke County Airport.

This final rule amends the Federal motor vehicle safety standard (FMVSS) on motorcycle brake systems to add and update requirements and test procedures and to harmonize with a global technical regulation (GTR) for motorcycle brakes. The GTR was developed under the United Nations 1998 Global Agreement with the U.S. as an active participant, and it was derived from various motorcycle braking regulations from around the world, including the U.S. motorcycle brake systems standard. This final rule includes numerous modifications to the test procedures for motorcycle brake systems, but does not change the scope, applicability, and safety purpose of the motorcycle brake systems FMVSS.

The EPA is amending specific provisions of the Greenhouse Gas Reporting Rule to provide greater clarity and flexibility to facilities subject to reporting emissions from the industrial waste landfill, petroleum and natural gas systems, fluorinated gas production, and electronics manufacturing source categories. These source categories will report greenhouse gas data for the first time in September 2012. The changes do not significantly change the overall calculation and monitoring requirements of the Greenhouse Gas Reporting Rule or add additional requirements for reporters. The EPA is also making confidentiality determinations for four new data elements for the fluorinated gas production source category of the Greenhouse Gas Reporting Rule. Lastly, we are finalizing an amendment to the general provisions to defer the reporting deadline for a data element used as an input to an emission equation in the fluorinated gas production source category until 2015.

The Coast Guard is establishing a temporary safety zone within Sector Boston's Captain of the Port (COTP) Zone for the drilling, blasting, and dredging operation on the navigable waters of Boston Inner Harbor, in the main ship channel near Castle Island. This temporary safety zone is necessary to enhance navigation, vessel safety, marine environmental protection, and provide for the safety of life on the navigable waters during the drilling, blasting and dredging operations in support of the U.S. Army Corps of Engineers rock removal project. Entering into, transiting through, mooring or anchoring within this safety zone is prohibited unless authorized by the COTP or the designated on-scene representative.

EPA is proposing to approve several State Implementation Plan (SIP) revisions submitted by the State of Maryland. These revisions pertain to adoption by Maryland of the California Low Emission Vehicle Program (LEV), or California Clean Car Program. The underlying Maryland regulations require all new 2011 and subsequent model year passenger cars, light trucks, and medium-duty vehicles having a gross vehicle weight rating (GVWR) of 14,000 pounds or less that are sold in Maryland to meet California emission standards. The Clean Air Act (CAA) contains authority by which other states may adopt new motor vehicle emissions standards that are identical to California's standards. Specifically, Maryland has adopted California's light and medium-duty new vehicle standards by reference, and then submitted these rules as part of the State's SIP revision to EPA. The Maryland Clean Car program has two objectives. The first is to reduce emissions of nitrogen oxides (NOX) and volatile organic compounds (VOCs), both of which are precursors to the formation of ground level ozone pollution, from new motor vehicles sold in Maryland. The second objective of the program is to reduce greenhouse gas emissions from new motor vehicles weighing under 10,000 pounds GVWR. Maryland submitted supplemental SIP revisions to modify its own program to match updates by California to its program and to harmonize with recently established Federal (and California) greenhouse gas and fuel economy standards promulgated by EPA applicable to 2012-2016 model year vehicles of the same vehicle types covered by Maryland's rules. This action is being taken under the CAA.

EPA is proposing to approve the attainment demonstration portion of the attainment plan submitted by the State of Maryland through the Maryland Department of the Environment (MDE) as a State Implementation Plan (SIP) revision that demonstrates attainment of the 1997 8-hour ozone national ambient air quality standard (NAAQS) for the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE, moderate nonattainment area (Philadelphia Area) by the applicable attainment date of June 2011. EPA has determined that Maryland's SIP revision meets the applicable requirements of the Clean Air Act (CAA). This action is being taken in accordance with the CAA.

The Environmental Protection Agency (EPA) is supplementing our prior proposal to approve a source-specific State Implementation Plan (SIP) revision and requesting public comment on additional information we are adding to our docket to revise the South Coast Air Quality Management District (District or SCAQMD) portion of the California SIP. This source-specific SIP revision is known as the CPV Sentinel Energy Project AB 1318 Tracking System (``AB 1318 Tracking System''). We are supplementing our proposed approval of this SIP revision to provide additional information and request comment on three issues: (1) the District's quantification of the offsets it transferred to the AB 1318 Tracking System; (2) the District's surplus adjustment of the offsets in the AB 1318 Tracking System; and (3) which District Air Quality Management Plan (AQMP) is appropriate for determining the base year to evaluate the availability of offsets from shutdown sources.

The Coast Guard is establishing temporary moving security zones around Certain Dangerous Cargo (CDC) vessels, which are vessels carrying anhydrous ammonia, liquefied propane gas (LPG), and ammonium nitrate. The security zones will start at buoys 3 and 4 in Tampa Bay ``F'' cut following the vessel to the pier, from pier to pier for berth shifts, and from the pier out to buoys 3 and 4 in Tampa Bay ``F'' cut. The security zones are to be implemented during the 2012 Republican National Convention from August 25, 2012, through August 31, 2012.

The FAA proposes to exclude tethered launches as defined in this proposal from the existing licensing requirements. This proposed rule would maintain public safety for these launches by providing launch vehicle operators with clear and simple criteria for a safe tethered launch. The FAA would not require a license, permit or waiver for tethered launches that satisfy the design and operational criteria proposed here.

This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 relating to airspace designations to reflect the approval by the Director of the Federal Register of the incorporation by reference of FAA Order 7400.9W, Airspace Designations and Reporting Points. This action also explains the procedures the FAA will use to amend the listings of Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points incorporated by reference.

EPA is approving in part and disapproving in part the remaining portion of the Nevada Regional Haze State Implementation Plan (SIP) that implements the Clean Air Act (CAA) Regional Haze Rule requiring states to prevent any future and remedy any existing man-made impairment of visibility in mandatory Class I areas through a regional haze program. EPA is approving Nevada's selection of a nitrogen oxide (NOX) emissions limit of 0.20 lb/MMBtu as Best Available Retrofit Technology (BART) for the Reid Gardner Generating Station (RGGS) at Units 1 and 2. EPA is disapproving two provisions of Nevada's BART determination for NOX at RGGS: The emissions limit for Unit 3 and the compliance method for all three units. EPA is promulgating a Federal Implementation Plan (FIP) which replaces the disapproved provisions by establishing a BART emissions limit for NOX of 0.20 lb/MMBtu at Unit 3, and a 30-day averaging period for compliance on a heat input-weighted basis across all three units. We encourage the State to submit a revised SIP to replace all portions of our FIP. Moreover, we stand ready to work with the State to develop a revised plan.

The Coast Guard is revising the existing Cottonwood Island anchorage and establishing a new designated anchorage. The change is necessary to ensure that there are sufficient anchorage grounds on the Columbia River.

The Coast Guard is establishing a temporary safety zone in the navigable waters of the San Francisco Bay near Yerba Buena Island, CA in support of the Bay Bridge Load Transfer Safety Zone from August 1, 2012 through October 31, 2012. This safety zone is established to protect mariners transiting the area from the dangers associated with the load transfer operations. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative.