2012 – Federal Register Recent Federal Regulation Documents

We are adopting a new airworthiness directive (AD) for Cessna 206, 207, and 210 airplanes with Hartzell Engine Technologies (HET) turbochargers, part numbers (P/Ns) 406610-0005 and 406610-9005, installed. This emergency AD was sent previously to all known U.S. owners and operators of these airplanes. This AD requires removing the affected turbochargers from service before further flight. This AD was prompted by a report of an HET turbocharger causing an engine in-flight power rollback. We are issuing this AD to prevent turbocharger bearing seizure, failed turbocharger components, and damage to the airplane.

This action amends Class E Airspace at Orlando, FL, as new Standard Instrument Approach Procedures have been developed at Orlando Executive Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System. This action also makes a minor adjustment to the geographic coordinates of Orlando Executive Airport, Orlando International Airport, and Kissimmee Municipal Airport.

We, the U.S. Fish and Wildlife Service (Service), propose to list 38 species on the Hawaiian Islands of Molokai, Lanai, and Maui as endangered under the Endangered Species Act of 1973, as amended (Act). We are also reaffirming the listing of two endemic Hawaiian plants currently listed as endangered. We propose to designate critical habitat for 39 of these 40 plant and animal species. Critical habitat is not determinable for the plant Cyanea mauiensis. In this document, we also propose to designate critical habitat for 11 previously listed plant and animal species that do not have designated critical habitat, and propose to revise critical habitat for 85 plant species that are already listed as endangered or threatened. The proposed critical habitat designation totals 271,062 acres (ac) (109,695 hectares (ha)) on the islands of Molokai, Lanai, Maui, and Kahoolawe (collectively called Maui Nui), and includes both occupied and unoccupied habitat. Approximately 47 percent of the area being proposed as critical habitat is already designated as critical habitat for the 85 plant species or other species. We also propose to delist the plant Gahnia lanaiensis, due to new information that this species is synonymous with G. lacera, a widespread species from New Zealand. In addition, we propose name changes or corrections for 11 endangered plants and 2 endangered birds, and taxonomic revisions for 2 endangered plant species.

Section 1108 of the Housing and Economic Recovery Act of 2008 (HERA) amended the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (Safety and Soundness Act) to require the Federal Housing Finance Agency (FHFA) to establish prudential standards (Standards) relating to the management and operations of the Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), and Federal Home Loan Banks (Banks) (collectively, regulated entities). This final rule implements those HERA amendments by providing for the establishment of the Standards in the form of guidelines, which initially are set out in an appendix to the rule. The final rule includes other provisions relating to the possible consequences for a regulated entity that fails to operate in accordance with the Standards.

This document corrects the SUPPLEMENTARY INFORMATION to the Board's proposed FOIA Fee Schedule Update published in the Federal Register of June 1, 2012. The document contained incorrect dates and references.

The Board is issuing this guidance to provide clarity on the manner in which the conformance period would apply to various activities and investments covered by the requirements of section 619 of the Dodd-Frank Act. This guidance is identical to what the Board announced on its public Web site on April 19, 2012.

In this document, the Federal Communication Commission's (Commission) Public Safety and Homeland Security Bureau (Bureau) gives notice that the American Cable Association (ACA) has filed a petition for partial reconsideration of the Commission's Emergency Alert System (EAS) Fifth Report and Order, and announces a schedule for the pleading cycle.

The Coast Guard will enforce various safety zones in the Sector New York area of responsibility on various dates and times. 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 (COTP).

In this document the Commission amends its rules to allow Economic Area (EA)-based 800 MHz Specialized Mobile Radio (SMR) licensees to exceed a legacy channel spacing and bandwidth limitation, subject to conditions to protect 800 MHz public safety licensees from harmful interference. Licensees are permitted to exceed the channel spacing and bandwidth limitation in the 813.5-824/858.5-869 MHz band segment in National Public Safety Planning Advisory Committee (NPSPAC) regions where 800 MHz reconfiguration is complete. In areas where 800 MHz reconfiguration is incomplete, EA-based 800 MHz licensees only are permitted to exceed the channel spacing and bandwidth limitation in the 813.5-821/858.5-866 MHz band segment. Any EA-based 800 MHz SMR licensee that intends to exceed the channel spacing and bandwidth limitation of the Commission's rules must provide 30 days written notice to public safety licensees with base stations in an affected NPSPAC region and within 113 kilometers (70 miles) of the border of an affected NPSPAC region. This rule change is necessary to allow EA-based 800 MHz SMR licensees to deploy advanced wireless services to effectively compete in the wireless marketplace.

The Commission has before it a petition for rulemaking filed by ION Media Greenville License, Inc. (``ION''), the licensee of station WEPX-TV, channel 51, Greenville, North Carolina, requesting the substitution of channel 26 for channel 51 at Greenville. After the Commission instituted a freeze on the acceptance of rulemaking petitions by full power television stations requesting channel substitutions in May 2011, it later announced that it would lift the freeze to accept petitions for rulemaking filed by full power television stations seeking to relocate from channel 51 pursuant to a voluntary relocation agreement with Lower 700 MHz A Block licensees. ION has entered into a voluntary relocation agreement and further states that the proposed channel 26 facility will increase the net total population served by the station by over 100,000 persons, which will serve the public interest.

This proposal consists of three parts. First, EPA is proposing revisions to its heavy-duty diesel regulations that would enable emergency vehicles, such as dedicated ambulances and fire trucks, to perform their mission-critical life-saving work without risking that abnormal conditions of the emission control system could lead to decreased engine power, speed or torque. The revisions would allow manufacturers to request and EPA to approve modifications to emission control systems on emergency vehicles so they do not interfere with the vehicles' missions. Second, EPA is proposing to revise the emission-related maintenance and scheduled maintenance intervals for all motor vehicles and nonroad compression-ignition engines to specify minimum maintenance intervals for replenishment of consumable chemical reductant in connection with the use of selective catalytic reduction technologies. Third, EPA is proposing to offer short-term relief for nonroad engines from performance inducements related to the emission control system, for general purpose nonroad vehicles while operating in temporary emergency service. These actions are not expected to result in any significant changes in regulatory burdens or costs.

This document corrects the text of a proposed rule published in the Federal Register on May 15, 2012. The proposed rule changes the National Mediation Board's (NMB or Board) existing rules for run-off elections to incorporate statutory language added to the Railway Labor Act (RLA) by the Federal Aviation Administration Modernization and Reform Act of 2012.

This action proposes to establish Class E Airspace at Arcadia, FL, to accommodate the Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Arcadia Municipal Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) will consider in the rulemaking process the issues raised in the petition for rulemaking (PRM), PRM-26-7, submitted by the American Academy of Health Care Providers in the Addictive Disorders (the Academy or the petitioner). The petitioner requested that the NRC amend its regulations to include the Academy as one of the organizations authorized to certify a substance abuse expert. The NRC determined that the issues raised in the PRM are appropriate for consideration and will consider them in the ongoing Title 10 of the Code of Federal Regulations (10 CFR) Part 26 Technical Issues rulemaking.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of six months, the information collection associated with the Commission's Review of the Emergency Alert System, Fifth Report and Order (Order). This document is consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of amendments adopted therein that were subject to OMB approval.

FinCEN is issuing this final rule to amend the regulations that allow depository institutions to exempt transactions of certain payroll customers \1\ from the requirement to report transactions in currency in excess of $10,000. The rule substitutes the term ``frequently'' for ``regularly'' in the provision of the exemption rules dealing with payroll customers. This modification of the exemption procedures is a part of the Department of the Treasury's continuing effort to increase the efficiency and effectiveness of its anti-money laundering and counter-terrorist financing policies.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a newly established system of records titled ``Department of Homeland Security Office of Operations Coordination and Planning-003 Operations Collection, Planning, Coordination, Reporting, Analysis, and Fusion System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

In 2002, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) published an interim final rule implementing the provision of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, relating to firearms disabilities for certain nonimmigrant aliens. That regulation implemented the law by prohibiting, with certain exceptions, the sale or disposition of firearms or ammunition to, and the possession, shipment, transportation, or receipt of firearms or ammunition by, nonimmigrant aliens. The Department of Justice has now determined that the relevant statutory prohibitions on transfer and possession of firearms and ammunition apply only to nonimmigrant aliens who were admitted to the United States under a nonimmigrant visa, and that the prohibitions do not apply to nonimmigrant aliens who lawfully entered the United States without a visa. The Department is therefore issuing this rule to make conforming changes to the regulations, so that the regulations are consistent with the Department's current legal interpretation. This final rule addresses only the nonimmigrant alien visa issue. The remaining issues raised by the 2002 interim final rule, and the public comments submitted with respect to those issues, will be addressed in a separate forthcoming rule.

This proposed rule describes how articles the President determines no longer warrant export control under Category X (Protective Personnel Equipment and Shelters) of the United States Munitions List (USML), would be controlled under the Commerce Control List (CCL) in new Export Control Classification Numbers (ECCNs) 1A613, 1B613, 1D613, and 1E613. In conjunction with establishing these new ECCNs, this proposed rule would control military helmets (currently controlled under ECCNs 0A018 and 0A988) under new ECCN 1A613 and amend ECCN 1A005 for body armor. This proposed rule also would remove machetes from ECCN 0A988. This is one in a planned series of proposed rules describing how various types of articles the President determines, as part of the Administration's Export Control Reform Initiative, no longer warrant USML control, would be controlled on the CCL and by the EAR. This proposed rule is being published in conjunction with a proposed rule of the Department of State, Directorate of Defense Trade Controls (DDTC), which would amend the list of articles controlled by USML Category X in the International Traffic In Arms Regulations (ITAR).

The EPA is finalizing revisions to our rules pertaining to the regional haze program. In this action, the EPA is finalizing our finding that the trading programs in the Transport Rule, also known as the Cross-State Air Pollution Rule (CSAPR), achieve greater reasonable progress towards the national goal of achieving natural visibility conditions in Class I areas than source-specific Best Available Retrofit Technology (BART) in those states covered by the Transport Rule. In this action, the EPA is also finalizing a limited disapproval of the regional haze State Implementation Plans (SIPs) that have been submitted by Alabama, Georgia, Indiana, Iowa, Louisiana, Michigan, Mississippi, Missouri, North Carolina, Ohio, Pennsylvania, South Carolina, Virginia and Texas because these states relied on requirements of the Clean Air Interstate Rule (CAIR) to satisfy certain regional haze requirements. To address deficiencies in CAIR-dependent regional haze SIPs, in this action the EPA is promulgating Federal Implementation Plans (FIPs) to replace reliance on CAIR with reliance on the Transport Rule in the regional haze SIPs of Georgia, Indiana, Iowa, Kentucky, Michigan, Missouri, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia and West Virginia.

At the request of the Democratic Republic of Timor-Leste, the Postal Service is adding this country to Mailing Standards of the United States Postal Service, International Mail Manual (IMM[supreg]), to reflect Timor-Leste's independence from Indonesia, and its joining the Universal Postal Union as a separate member country.

We are adopting a new airworthiness directive (AD) for Alpha Aviation Concept Limited Model R2160 Airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as oil lines fitted to affected aircraft are not fire resistant. We are issuing this AD to require actions to address the unsafe condition on these products.

EPA is approving the addition of a new rule to the Illinois State Implementation Plan (SIP) submitted by the Illinois Environmental Protection Agency (IEPA) on April 7, 2010. The rule being approved into the SIP is Title 35 Illinois Administrative Code (IAC) Part 223, ``Standards and Limitations for Organic Material Emissions for Area Sources.'' The rule is approvable because it is at least as stringent, and in some cases more stringent than, EPA's national consumer products and architectural and industrial maintenance (AIM) coatings rules. However, EPA is conditionally approving four specific paragraphs in the rule, based on a September 2, 2011, letter from IEPA committing to correct the noted deficiencies in these paragraphs within one year of July 9, 2012.

The Coast Guard is amending the current regulations for fire suppression systems on several classes of commercial vessels. The amendments clarify that approved alternatives to carbon dioxide systems may be used to protect some spaces on these vessels, and set general requirements for alternative systems. Additionally, certain new carbon dioxide systems must be equipped with lockout valves and odorizing units to protect persons after a carbon dioxide discharge. By requiring these features on carbon dioxide systems and by making a wider range of fire suppression systems available, the regulations advance the Coast Guard's strategic goals of promoting marine safety and maritime mobility.

EPA is proposing to approve the State Implementation Plans (SIP), submitted by the State of South Carolina, through the Department of Health and Environmental Control (DHEC), 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. South Carolina certified that the South Carolina SIP contains provisions that ensure the 1997 annual and 2006 24-hour PM2.5 NAAQS is implemented, enforced, and maintained in South Carolina (hereafter referred to as ``infrastructure submission''). South Carolina's infrastructure submissions, provided to EPA on March 14, 2008, and on September 18, 2009, addressed all the required infrastructure elements for the 1997 annual and 2006 24-hour PM2.5 NAAQS with the exception of section 110(a)(2)(E)(ii) and 110(a)(2)(G) which were submitted by South Carolina on April 3, 2012. South Carolina's April 3, 2012, submittal is being addressed in a separate action.