2012 – Federal Register Recent Federal Regulation Documents

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend the size standard that it uses to qualify an NRC licensee as a ``small entity'' under the Regulatory Flexibility Act of 1980, as amended. The NRC is proposing to increase its receipts-based, small business size standard from $6.5 million to $7 million to conform to the standard set by the Small Business Administration (SBA). This size standard reflects the most commonly used SBA size standard for nonmanufacturing industries. The SBA adjusted this standard on July 18, 2008 (73 FR 41237), to account for inflation.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending the size standard that it uses to qualify an NRC licensee as a ``small entity'' under the Regulatory Flexibility Act of 1980, as amended. The NRC is increasing its receipts-based, small business size standard from $6.5 million to $7 million to conform to the standard set by the Small Business Administration (SBA). This size standard reflects the most commonly used SBA size standard for nonmanufacturing industries. The SBA adjusted this standard on July 18, 2008 (73 FR 41237), to account for inflation.

The Coast Guard will establish a temporary safety zone on Hamlin Beach State Park, Hamlin, NY. This safety zone is intended to restrict vessels from a portion of water off Hamlin Beach State Park during the A Salute to our Heroes fireworks on July 7, 2012. The safety zone is necessary to protect participants, spectators, and vessels from the hazards associated with a firework display.

The Coast Guard will enforce a Safety Zone for the Niceville July 4th Fireworks Show in Boggy Bayou, Niceville, Florida from 8 p.m. until 9 p.m. on July 4, 2012. This action is necessary for the safeguard of participants and spectators, including all crews, vessels, and persons on navigable waters during the Niceville July 4th Fireworks Show. During the enforcement period, entry into, transiting or anchoring in the Safety Zone is prohibited to all vessels not registered with the sponsor as participants or official patrol vessels, unless specifically authorized by the Captain of the Port (COTP) Mobile or a designated representative.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval actions for new animal drug applications (NADAs) and abbreviated new animal drug applications (ANADAs) during May 2012. FDA is also informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable.

The U.S. Department of Agriculture (USDA or Department), is adopting a State-specific final rule to provide management direction for conserving and managing approximately 4.2 million acres of Colorado Roadless Areas (CRAs) on National Forest System (NFS) lands. The final Colorado Roadless Rule is a rule that addresses current issues and concerns specific to Colorado. The State of Colorado and Forest Service, working in partnership, have found a balance between conserving roadless area characteristics for future generations and allowing management activities within CRAs that are important to the citizens and economy of the State of Colorado.

The Federal Energy Regulatory Commission (Commission) proposes to amend a Rule which governs the filing of Electric Quarterly Reports (EQRs), to change the process for filing EQRs. Currently, EQRs are filed by downloading EQR software from the Commission's Web site, installing it on the filer's Microsoft Windows-based computer, entering the EQR data into the software, and then submitting the EQR data to the Commission. The EQR software is designed in Microsoft Visual FoxPro. Technological changes and limitations will render the current filing process outmoded, ineffective, and unsustainable. Microsoft has discontinued Visual FoxPro and will not support the software after 2015. Visual FoxPro also is constrained by data size limitations that will soon restrict the Commission's ability to add data fields in the EQR. Therefore, the Commission proposes a new filing system that will provide EQR filers with two new options for filing EQRs. One option would allow an EQR filer to use a web interface on the Commission's Web site to file its EQR. This web interface would look and operate like the current EQR software that uses Visual FoxPro. However, an EQR filer would not need to download and install software from the Commission's Web site to file because the data would be filed directly with the Commission through the web interface. The other option would allow an EQR filer to file its EQR in an Extensible Mark- Up Language (XML) format via the Commission's Web site. By proposing a process with two options for filing EQRs, the Commission seeks to provide the flexibility needed to accommodate EQR filers' technical preferences. Under both options, the Commission proposes to require EQR filers to use the company identification number (Company Identifier) assigned through the Commission's Company Registration System, which was developed for the Commission's eTariff system. The Company Identifier would replace the personal identification numbers that are currently used and that are unique to the existing EQR filing process. The Commission also proposes that implementation of any changes to the process for filing EQRs will apply to EQR filings beginning with the third quarter 2013 EQR, providing data for July through September 2013. The Commission will convene a staff-led public conference on Wednesday, July 11, 2012 to demonstrate the two new options for filing EQRs to industry participants and assist participants in preparing their comments to this Notice of Proposed Rulemaking.

On May 23, 2012, NHTSA published a notice of proposed rulemaking (NPRM) to require the installation of electronic stability control (ESC) systems on truck tractors and large buses. NHTSA is announcing a public hearing to provide an opportunity for the public to present oral testimony regarding the proposal. The oral testimony provided at the public hearing will be transcribed and placed in the docket for this rulemaking.

In this document, Petitions for Reconsideration (Petition) have been filed in the Commission's Rulemaking proceeding by AARL, The National Association for Amateur Radio requesting that the Commission reconsider and modify the Second Report and Order governing unlicensed Broadband over Power Line (BPL) rules.

The Coast Guard has established a temporary safety zone on the navigable waters within a 1,000 foot radius of the fireworks launching point located on the White Pass and Yukon Railway Dock in position 59[deg]26.70' north and 135[deg]19.58' west in the vicinity of the mouth of the Small Boat Harbor, Skagway, Alaska, to limit access for the duration of the 4th of July Fireworks display. Persons desiring to transit within this safety zone must contact the Captain of the Port Southeast Alaska, or the designated on scene representative via VHF radio channel 16 or 13 (156.650 MHz) to receive permission.

The Coast Guard is establishing a temporary safety zone for all waters of the Lower Mississippi River (LMR) beginning at mile marker (MM) 230.0 and ending at MM 237.0, in the vicinity of Baton Rouge, Louisiana. The safety zone is needed to protect persons and vessels from the potential safety hazards associated with a maritime salvage operation. Entry into this zone is prohibited unless vessels have met the specified instructions or are specifically authorized by the Captain of the Port New Orleans or a designated representative.

We are revising an earlier proposed airworthiness directive (AD) to supersede an existing AD for all The Boeing Company Model 767 airplanes. The existing AD currently requires repetitive inspections to detect discrepancies of the wiring and surrounding Teflon sleeves of the fuel tank boost pumps and override/jettison pumps; replacement of the sleeves with new sleeves, for certain airplanes; and repair or replacement of the wiring and sleeves with new parts, as necessary. The previous NPRM proposed to reduce the initial compliance time and repetitive inspection interval in the existing AD. The previous NPRM was prompted by fleet information indicating that the repetitive inspection interval in the existing AD is too long because excessive chafing of the sleeving continues to occur much earlier than expected between scheduled inspections. This action revises the previous NPRM by proposing a terminating action for the repetitive inspections, to eliminate wire damage. This action also removes certain airplanes from the applicability of the previous NPRM. We are proposing this supplemental NPRM to detect and correct chafing of the fuel pump wire insulation and consequent exposure of the electrical conductor, which could result in electrical arcing between the wires and conduit and consequent fire or explosion of the fuel tank. Since these actions impose an additional burden over that proposed in the previous NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

This rule would increase the assessment rate established for the California Desert Grape Administrative Committee (Committee) for the 2012 and subsequent fiscal periods from $0.0125 to $0.0150 per 18- pound lug of grapes handled. The Committee locally administers the marketing order, which regulates the handling of grapes grown in a designated area of southeastern California. Assessments upon grape handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins January 1 and ends December 31. The assessment rate would remain in effect indefinitely unless modified, suspended or terminated.

EPA is finalizing approval of revisions to the MDAQMD and the YSAQMD portions of the California State Implementation Plan (SIP). These rules were proposed in the Federal Register on February 28, 2012 and concern glass furnaces and biomass boilers. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is finalizing a limited approval of revisions to the Ohio State Implementation Plan (SIP), submitted on March 11, 2011, addressing regional haze for the first implementation period that ends 2018. This action is being taken in accordance with the requirements of the Clean Air Act (CAA) and EPA's rules for states to prevent and remedy future and existing anthropogenic impairment of visibility in mandatory Class I areas through a regional haze program.

The Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the June 2011 plenary meeting of the Australia Group (AG). This rule amends the Commerce Control List (CCL) entry in the EAR that controls human and zoonotic pathogens and ``toxins'' and the entry that controls genetic elements and genetically modified organisms to reflect changes to the AG ``List of Biological Agents for Export Control'' that were made based on the understandings adopted at the June 2011 AG plenary meeting. In addition, this rule amends the CCL entries in the EAR that control chemical manufacturing facilities and equipment, and equipment capable of use in handling biological materials to reflect the June 2011 AG plenary changes to the ``Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology and Software'' and the ``Control List of Dual-Use Biological Equipment and Related Technology and Software,'' respectively.

We are superseding an existing airworthiness directive (AD) for all Rolls-Royce plc (RR) models RB211-Trent 970-84, 970B-84, 972- 84, 972B-84, 977-84, 977B-84, and 980-84 turbofan engines. That AD currently requires inspecting the intermediate-pressure (IP) shaft rigid coupling splines for wear resulting in rearward movement of the IP turbine. This AD requires the same inspections, and new inspections based on possible changes in wear rate. This AD was prompted by RR identifying wear beyond engine manual limits on the abutment faces of the splines. RR also determined that an additional IP shaft rigid coupling configuration requires inspection. We are issuing this AD to detect wear on the abutment faces of the splines, which could result in loss of disc integrity, an uncontained failure of the engine, and damage to the airplane.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD requires inspecting parts or doing a records review to determine if certain trailing edge flap carriages are installed, doing repetitive inspections for corrosion, and flaking or missing thermal coating on suspect carriage spindles, and related investigative and corrective actions, if necessary; this AD also provides optional terminating action for the repetitive inspections. This AD was prompted by reports of corrosion found on carriage that are located on the outboard flaps. We are issuing this AD to detect and correct corrosion of the carriage spindle, which could result in a fracture; fracture of both the inboard and outboard carriage spindles, at the forward ends through the large diameters, on a single flap assembly, could adversely affect the continued safe flight and landing of the airplane.

On June 1, 2012 (77 FR 32398), EPA published a direct final approval of a revision to the California State Implementation Plan (SIP). This revision concerned South Coast Air Quality Management District (SCAQMD) Rule 1156, Further Reductions of Particulate Emissions from Cement Manufacturing Facilities. The direct final action was published without prior proposal because EPA anticipated no adverse comment. The direct final rule stated that if adverse comments were received by July 2, 2012, EPA would publish a timely withdrawal in the Federal Register. EPA received a timely adverse comment. Consequently, with this revision we are withdrawing the direct final approval of SCAQMD Rule 1156. EPA will either address the comment in a subsequent final action based on the parallel proposal also published on June 1, 2012 (77 FR 32398), or repropose an alternative action. As stated in the parallel proposal, EPA will not institute a second comment period on a subsequent final action.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is extending the comment period for Notice No. 127, Proposed Amendment to the Standards of Identity for Distilled Spirits, for an additional 10 days. In Notice No. 127, a notice of proposed rulemaking published in the Federal Register on April 30, 2012, TTB proposes to amend the standards of identity regulations for distilled spirits to include ``Cacha[ccedil]a'' as a type of rum distinctive to Brazil.

In the Proposed Rules section of today's Federal Register, the EPA is proposing to revise the national ambient air quality standards (NAAQS) for particulate matter (PM). This action corrects a typographical error in one table contained in the preamble.

The Special Inspector General for Afghanistan Reconstruction (SIGAR), with the concurrence of the Office of Government Ethics (OGE), is adopting as final, without changes, an interim rule for SIGAR employees that will supplement the executive branch-wide Standards of Ethical Conduct (Standards) issued by OGE. The final supplemental regulation includes a requirement that SIGAR employees obtain prior approval for certain types of outside activities. The interim final rule was published in the Federal Register on April 6, 2012

The Audio Division dismisses the petition for rulemaking filed by Alatron Corporation, Inc., proposing the allotment of Channel 228A at Pike Road, Alabama, as the community's second local service, and the associated new FM application, File No. 20110504ACT. No comments or counterproposals were received by any parties. Petitioner did not file comments expressing a continuing interest in the proposed Pike Road allotment. It is the Commission's policy to refrain from making an allotment to a community absent an expression of interest. We will not allot Channel 228A at Pike Road, Alabama.