2012 – Federal Register Recent Federal Regulation Documents

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 modification to trim the edge of the bumper plate, including performing an inspection for damage or cracks of the bumper plate and base fitting, and replacing any damaged or cracked part. That AD also currently requires, for certain airplanes, reidentifying the bumper plate. Since we issued that AD, we have determined that an operational check must be done after reidentifying the bumper plate to ensure the identified unsafe condition is addressed. This proposed AD would require, for airplanes on which the reidentification is done, an operational check of the alternate extension system of the main landing gear (MLG), and repair if necessary. We are proposing this AD to detect and correct failure of the MLG to extend and lock, which could adversely affect the safe landing of the airplane.

The Environmental Protection Agency (EPA) Region 2 is publishing a direct final Notice of Deletion of the Fort Dix Landfill Superfund Site (Site), located in Pemberton Township, New Jersey, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of New Jersey, through the NJ Department of Environmental Protection, because EPA has determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

The Coast Guard is removing an obsolete naval explosives anchorage in Narragansett Bay, Rhode Island, and adding an offshore anchorage in Rhode Island Sound south of Brenton Point, Rhode Island, for use by vessels waiting to enter Narragansett Bay.

The Coast Guard proposes establishing a safety zone on the navigable waters of the Elizabeth River in Norfolk, Portsmouth, and Chesapeake, VA. This action is necessary to provide for the safety of life on navigable waters during the Gilmerton Bridge Center Span Float- in and bridge construction of span placement. This action is intended to restrict vessel traffic movement to protect mariners from the hazards associated with the float-in and span placement.

The Coast Guard is establishing a temporary safety zone on Lake Winnebago in Oshkosh, Wisconsin. This safety zone is intended to restrict vessels from a portion of Lake Winnebago during the Flying Magazine Air show. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with an air show over water and associated fireworks display.

In this document, the Commission adopts a measure that prohibits Internet-Protocol (IP) Relay providers from handling non- emergency calls made by new IP Relay registrants as guest users prior to taking reasonable measures to verify their registration information. The Commission's action is intended to eliminate abuse that has resulted from unauthorized users having access to IP Relay services prior to verification of their registration information.

For 60-month projects initially funded in fiscal year (FY) 2007 under the American Indian Vocational Rehabilitation Services (AIVRS) Program, the Department proposes to waive the regulations that generally limit project periods to 60 months and that restrict project period extensions involving the obligation of additional Federal funds. The Department also proposes to extend the project period until September 30, 2013, for the AIVRS grantees whose awards are scheduled to expire on September 30, 2012. The proposed waivers and extensions would enable the eight AIVRS grantees in the FY 2007 funding cohort to request and continue to receive Federal funding beyond the 60-month limitation contained in the Department's regulations, so long as the grantees are meeting the AIVRS program and other applicable requirements. Further, if the proposed waivers and extensions are made final, the Department would not announce a new competition in FY 2012 or make new awards in FY 2012.

We propose to supersede an existing airworthiness directive (AD) that applies to all Turbomeca S.A. Arriel 1E2, 1S, and 1S1 turboshaft engines. The existing AD currently requires a one time inspection and torque check of a certain 3-way union plug installed on all fuel control units (FCUs). Since we issued that AD, the applicability has been reduced to certain FCUs and the referenced service bulletin has been updated with additional detailed information to identify the non-compliant ``red disk'' plug. This proposed AD would still require a one time inspection and torque check of the 3-way union plug, would require replacement of the plug before further flight if it is found to be non-compliant, and would prohibit installation of FCUs that have not passed the 3-way union plug inspection and torque check. We are proposing this AD to prevent fuel leaks, which could result in a fire and damage to the helicopter.

This final rule adopts, without change, the interim final rule with request for comments we published in the Federal Register on December 7, 2010, at 75 FR 75884. The interim final rule contained the rules that we apply to determine the income-related monthly adjustment amount for Medicare prescription drug coverage (also known as Medicare Part D) premiums. This new subpart implemented changes made to the Social Security Act (Act) by the Affordable Care Act. The interim final rule allowed us to implement the provisions of the Affordable Care Act related to the income-related monthly adjustment amount for Medicare prescription drug coverage premiums when they went into effect on January 1, 2011.

This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to make requirements for distributors of byproduct material clearer, less prescriptive, and more risk-informed and up to date. The Commission is also redefining categories of devices to be used under exemptions, adding explicit provisions regarding the sealed source and device registration process, and adding flexibility to the licensing of users of sealed sources and devices. This action is primarily intended to make licensing processes more efficient and effective. These changes will affect manufacturers and distributors of sources and devices containing byproduct material and future users of some products currently used under a general or specific license.

The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards Board (Board), is publishing technical corrections to the final rule that revised Cost Accounting Standard (CAS) 412, ``Composition and Measurement of Pension Cost,'' and CAS 413, ``Adjustment and Allocation of Pension Cost'' for the CAS Pension Harmonization Rule, published on December 27, 2011. Some illustrations in that document are not consistent with their corresponding Table or text, or the text used in the two effective date provisions is not consistent with each other in the amendment language. This document corrects the final regulations by revising the applicable sections accordingly.

EPA is providing notice that information has been posted in the docket pertaining to EPA's proposed action on the State Implementation Plan (SIP) revision submitted by the State of Wyoming on January 12, 2011, that addresses regional haze. (Docket ID No. EPA-R08- OAR-2012-0026). This information is relevant to the portion of the rulemaking pertaining to the proposed Federal Implementation Plan (FIP) and proposals in the alternative for PacifiCorp Jim Bridger Unit 1 and Unit 2. EPA is requesting comment on the new data provided in the docket. This information could impact EPA's final decision on the rulemaking as it pertains to Jim Bridger Unit 1 and Unit 2.

This action proposes to establish Class E airspace at Coaldale VHF Omni-Directional Radio Range Tactical Air Navigational Aid (VORTAC), Coaldale, NV to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Oakland Air Route Traffic Control Center (ARTCC). The FAA is proposing this action to enhance the safety and management of aircraft operations within the National Airspace System.

EPA is proposing to approve in part, and conditionally approve in part, the State Implementation Plan (SIP) revisions, submitted by the State of North Carolina, through the Department of Environment and Natural Resources (NC DENR), Division of Air Quality (DAQ), as demonstrating that the State meets the requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or the Act) for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by the EPA, which is commonly referred to as an ``infrastructure'' SIP. DAQ certified that the North Carolina SIP contains provisions that ensure the 1997 annual and 2006 24-hour PM2.5 NAAQS are implemented, enforced, and maintained in North Carolina (hereafter referred to as ``infrastructure submissions''). EPA is proposing to determine that North Carolina's infrastructure submissions, provided to EPA on April 1, 2008, and on September 21, 2009, addressed all the required infrastructure elements for the 1997 annual and 2006 24-hour PM2.5 NAAQS with the exception of sections 110(a)(2)(C), 110(a)(2)(E)(ii) and 110(a)(2)(J). With respect to sections 110(a)(2)(C) related to PSD requirements, 110(a)(2)(E)(ii) and 110(a)(2)(J) related to PSD requirements, EPA is proposing to conditionally approve these requirements.

The Commission seeks comment on this proposed policy statement, which clarifies and refines current policies governing the allocation of capacity for new merchant transmission projects and new nonincumbent, cost-based, participant-funded transmission projects. The Commission proposes to allow developers of such projects to select a subset of customers, based on not unduly discriminatory or preferential criteria, and negotiate directly with those customers to reach agreement on the key terms and conditions for procuring capacity, when the developers (1) broadly solicit interest in the project from potential customers, and (2) file a report with the Commission describing the solicitation, selection and negotiation process. The Commission proposes these policy reforms to ensure transparency in the capacity allocation process while providing developers the ability to bilaterally negotiate rates, terms, and conditions for the full amount of transmission capacity with potential customers.

We are revising an earlier proposed airworthiness directive (AD) for all The Boeing Company Model MD-90-30 airplanes. That NPRM proposed to require repetitive eddy current high frequency (ETHF) inspections for cracking on the aft side of the left and right wing rear spar lower caps at station Xrs = 164.000, further ETHF inspections if cracks are found, and repair if necessary. The NPRM also proposed repetitive post-repair inspections, and repair if necessary. That NPRM was prompted by reports of cracks of the wing rear spar lower cap at the outboard flap, inboard drive hinge at station Xrs=164.000. This action revises that NPRM by adding repetitive post-repair inspections, and corrective action if necessary. We are proposing this supplemental NPRM to detect and correct cracking of the left and right rear spar lower caps, which could result in fuel leaks and damage to the wing skin or other structure, and consequent loss of the structural integrity of the wing. 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.

This document contains corrections to temporary regulations (TD 9596), which were published in the Federal Register on June 25, 2012 (77 FR 37806) relating to disregarded entities (including qualified subchapter S subsidiaries) and the indoor tanning services excise tax.

The Coast Guard is establishing a temporary safety zone on the navigable waters of the East River in the vicinity of Randall's Island, NY for a fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. This rule is intended to restrict all vessels from a portion of the East River before, during, and immediately after the fireworks event.

The Coast Guard has issued a temporary deviation from the operating schedule that governs four Multnomah County bridges: The Broadway Bridge, mile 11.7, the Burnside Bridge, mile 12.4, the Morrison Bridge, mile 12.8, and the Hawthorne Bridge, mile 13.1, all crossing the Willamette River at Portland, OR. This deviation is necessary to accommodate the annual Portland Providence Bridge Pedal event. This deviation allows the bridges to remain in the closed position to allow safe movement of event participants.

We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on the October 19, 2011, proposed revised designation of critical habitat for the tidewater goby (Eucyclogobius newberryi) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) of the proposed revised designation of critical habitat for tidewater goby and an amended required determinations section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed revised designation, the associated DEA, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

This final rule amends FDIC regulations to prohibit any insured savings association from acquiring or retaining a corporate debt security unless it determines, prior to acquiring such security and periodically thereafter, that the issuer has adequate capacity to meet all financial commitments under the security for the projected life of the investment. An issuer would satisfy this requirement if, based on the assessment of the savings association, the issuer presents a low risk of default and is likely to make full and timely repayment of principal and interest. This final rule adopts the proposed creditworthiness standard with the clarifying revision described below. In the final rule, the phrase ``projected life of the investment'' has been revised to ``projected life of the security'' to more closely track the language in the Office of the Comptroller of the Currency's (``OCC'') final rule.\1\ The clarifying revision addresses ambiguities in the proposed rule and harmonizes the final rule with the final rule adopted by the OCC regarding permissible investments for national banks.\2\

This document requests comments on petition for rule making filed by Sound Enterprises, proposing the substitution of Channel 275A for vacant Channel 271A at Randsburg, California. The proposed channel substitution at Randsburg accommodates Petitioner's hybrid application, requesting to upgrade the facilities for Station KSSI(FM) from Channel 274A to Channel 271B1 at China Lake, California. See File No. BPH- 20120314ACB. Channel 275A can be allotted to Randsburg consistent with the minimum distance separation requirements of the Rules with a site restriction 0.04 kilometers (0.03 miles) southeast of the community. The reference coordinates are 35-22-06 NL and 117-39-25 WL.

The Coast Guard is establishing a temporary special local regulation on the navigable waters of the Atlantic Ocean off Smith Point Park, Fire Island, NY during the Battle on the Bay Powerboat Race. This action is necessary to provide for the safety of life of participants and spectators during this event. Entering into, transiting through, remaining, anchoring or mooring within these regulated areas would be prohibited unless authorized by the Captain of the Port (COTP) Sector Long Island Sound.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to revise the definition of ``produce'' as it applies to specialty metals. The National Defense Authorization Act for Fiscal Year 2011 directed DoD to review the definition of ``produce'' to ensure its compliance with the statutory restrictions on specialty metals and to determine if a revision to the current rule was necessary and appropriate.