2012 – Federal Register Recent Federal Regulation Documents

This document contains final regulations that provide guidance on the excise tax imposed on the sale of certain medical devices, enacted by the Health Care and Education Reconciliation Act of 2010 in conjunction with the Patient Protection and Affordable Care Act. The final regulations affect manufacturers, importers, and producers of taxable medical devices.

NMFS apportions amounts of the non-specified reserve to the initial total allowable catch of Bering Sea Pacific ocean perch, Aleutian Islands other rockfish, Bering Sea and Aleutian Islands (BSAI) other flatfish, BSAI sculpin, and BSAI squid in the BSAI management area. This action is necessary to allow the fisheries to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI management area.

EPA is approving the fine particulate matter (PM2.5) 2002 base year emissions inventory portion of the Maryland State Implementation Plan (SIP) revision submitted by the State of Maryland, through the Maryland Department of the Environment (MDE), on June 6, 2008. The emissions inventory is part of the June 6, 2008 SIP revision that was submitted to meet nonattainment requirements related to the Washington County, Maryland nonattainment area for the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS) SIP. EPA is approving the 2002 base year PM2.5 emissions inventory in accordance with the requirements of the Clean Air Act (CAA).

The Coast Guard will enforce the special local regulations during the Mission Bay Parade of Lights, on the waters of Mission Bay, San Diego, California from 6 p.m. to 8 p.m. on 08 December 2012. These special local regulations are necessary to provide for the safety of the participants, crew, spectators, sponsor vessels of the race, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this special local regulation unless authorized by the Captain of the Port, or his designated representative.

The Coast Guard is establishing a temporary safety zone on the Indiana Harbor Canal in East Chicago, Indiana. This safety zone is intended to restrict vessels from a portion of the Indiana Harbor Canal due to the demolition Project on the Cline Avenue Bridge. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the demolition project.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that govern low-level radioactive waste (LLRW) disposal facilities to require new and revised site-specific analyses and to permit the development of criteria for waste acceptance based on the results of these analyses. These amendments will ensure that waste streams that are significantly different in terms of radiological characteristics (e.g., half-life) from those considered in the technical basis for the current regulations can be disposed of safely and meet the performance objectives for land disposal of LLRW. These amendments will also increase the use of site-specific information to ensure that public health and safety would continue to be protected. The NRC is publishing a second version of preliminary rule language and has revised the regulatory basis document that will support this rulemaking. NRC is taking this action to inform interested stakeholders of the current status of the NRC's activities and to solicit public comments on the preliminary rule language. The regulatory basis document is being made available to inform stakeholder comments on the preliminary rule language. The NRC is not requesting comments on the regulatory basis.

This action is a technical amendment to a rule not yet in effect. It contains a correction to the final regulations regarding electronic dealer reporting, which published August 8, 2012, with an effective date of January 1, 2013.

In this final rule, the Department of Defense (DoD) implements policy, assigns responsibilities, and prescribes procedures for the operation of voluntary education programs within DoD. Several of the subject areas in this final rule include: procedures for Service members participating in education programs; guidelines for establishing, maintaining, and operating voluntary education programs including, but not limited to, instructor-led courses offered on- installation and off-installation, as well as via distance learning; procedures for obtaining on-base voluntary education programs and services; minimum criteria for selecting institutions to deliver higher education programs and services on military installations; the establishment of a DoD Voluntary Education Partnership Memorandum of Understanding (MOU) between DoD and educational institutions receiving tuition assistance payments; and procedures for other education programs for Service members and their adult family members. The new requirement for a signed MOU with DoD from participating educational institutions will be effective 60 days following the publication of this final rule in the Federal Register.

Elsewhere in this issue of the Federal Register, the Alcohol and Tobacco Tax and Trade Bureau (TTB) is publishing a temporary rule that for a period of three years modifies the penal sum for a brewer's bond where the excise tax liability of the brewer is reasonably expected to be not more than $50,000 in the current calendar year and the brewer was liable for not more than $50,000 in such taxes in the preceding calendar year. Under the temporary rule, for the next three years, the penal sum of the required bond is $1,000 for such brewers who file excise tax returns and remit taxes quarterly. In this document, TTB proposes to adopt the $1,000 penal sum amount for the brewer's bond for such brewers as a permanent regulatory change. This document also proposes amendments to the regulatory text to require that such brewers file Federal excise tax returns and payments quarterly, as well as submit reports of operations quarterly. Finally, TTB is soliciting comments on how the TTB regulations governing brewers' operations might be modified to reduce the burden on brewers and, at the same time, meet all statutory requirements and protect the revenue.

On October 11, 2012, the Postal Service filed a notice of international mailing services price adjustments with the Postal Regulatory Commission (PRC), effective on January 27, 2013. On October 23, 2012, the USPSTM published a proposed rule in the Federal Register with changes to Mailing Standards of the United States Postal Service, International Mail Manual (IMM[supreg]). The proposed rule included changes that we would adopt to implement the changes coincident with the price adjustments and classification changes, including changes resulting from the Postal Regulatory Commission granting the Postal Service's request in Docket No. MC2012-44 to transfer First-Class Mail International[supreg] packages (small packets) and rolls from the market-dominant product list to the competitive product list. This final rule conveys the comments received on the proposal and the final mailing standards.

We, NMFS, have completed comprehensive status reviews under the Endangered Species Act (ESA) of 82 reef-building coral species in response to a petition submitted by the Center for Biological Diversity (CBD) to list the species as either threatened or endangered. We have determined, based on the best scientific and commercial data available and efforts being made to protect the species, that 12 of the petitioned coral species warrant listing as endangered (five Caribbean and seven Indo-Pacific), 54 coral species warrant listing as threatened (two Caribbean and 52 Indo-Pacific), and 16 coral species (all Indo- Pacific) do not warrant listing as threatened or endangered under the ESA. Additionally, we have determined, based on the best scientific and commercial information available and efforts undertaken to protect the species, two Caribbean coral species currently listed warrant reclassification from threatened to endangered. We are announcing that 18 public hearings will be held during the public comment period to provide additional opportunities and formats to receive public input. See SUPPLEMENTARY INFORMATION for public hearing dates, times, and locations.

This final rule corrects reference and typographical errors in the Commerce Control List (CCL) in the Export Administration Regulations (EAR). The corrections are primarily editorial in nature and do not affect license requirements. A technical standard in ECCN 3A991 is revised.

This final rule is being issued to adjust each civil monetary penalty provided by law within the jurisdiction of the Department of Commerce (the Department). The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, required the head of each agency to adjust its civil monetary penalties (CMP) for inflation no later than October 23, 1996, and requires agencies to make adjustments at least once every four years thereafter. These inflation adjustments will apply only to violations that occur after the effective date of this rule.

This interim final rule amends Department of Veterans Affairs (VA) regulations to allow VA to enter into contracts or provider agreements with State homes for the nursing home care of certain disabled veterans. This rulemaking is required to implement a change in law that revises how VA will pay for care provided to these veterans and authorizes VA to use provider agreements to pay for such care. The change made by this law applies to all care provided to these veterans in State homes on and after February 2, 2013.

OSHA is initiating a regulatory review of its existing safety and health standards in response to the President's Executive Order 13563, ``Improving Regulations and Regulatory Review'' (76 FR 38210). The Agency conducted similar regulatory reviews of its existing standards previously as ``standards improvement projects.'' OSHA is issuing this request for information to initiate another of these regulatory reviews, and naming this review the Standards Improvement ProjectPhase IV (SIP-IV). The purpose of SIP-IV is to improve and streamline OSHA standards by removing or revising requirements that are confusing or outdated, or that duplicate, or are inconsistent with, other standards. The purpose of the regulatory review is to reduce regulatory burden while maintaining or enhancing employees' safety and health. SIP-IV will focus primarily on OSHA's construction standards. The purpose of this notice is to invite the public, including employers, employees, and employee representatives involved in the construction industry, to submit recommendations for revisions to existing construction standards, including the rationale for these recommendations. OSHA will review this information to determine the need for, and the content of, any subsequent SIP-IV rulemaking.

The Food Safety and Inspection Service (FSIS) is publishing this notice to inform establishments producing not-ready-to-eat (NRTE) ground or otherwise comminuted chicken and turkey products that they must reassess their Hazard Analysis and Critical Control Points (HACCP) plans for these products to take into account several recent Salmonella outbreaks associated with consumption of comminuted NRTE turkey products. No sooner than 90 days following publication of this notice, Agency inspection program personnel (IPP) will begin verifying that establishments that manufacture comminuted NRTE turkey or chicken product, as a final or intermediary product for further processing as NRTE product, have reassessed their HACCP plans for these products. This notice also describes how FSIS will determine whether the association of NRTE meat or poultry product with an outbreak would make subsequently-produced like product adulterated. In addition, FSIS is expanding its Salmonella Verification Sampling Program for Raw Meat and Poultry product to include all forms of non- breaded, non-battered comminuted NRTE poultry product that are not destined under company control programs for further processing into RTE products in official establishments. Finally, this notice announces that FSIS will apply its Category 1 performance measure based on current performance standards for ground chicken and turkey product to comminuted poultry to mark the level of process control that all establishments producing such products should maintain. No sooner than 90 days after publication of this notice, the Agency will begin sampling to determine the prevalence of Salmonella in comminuted poultry and will use the results from this sampling to develop performance standards for these products. For reasons discussed later, FSIS has not tested NRTE comminuted poultry products, other than ground chicken and ground turkey, for Salmonella. In addition, FSIS is likely to develop Campylobacter standards for these products following validation of an analytic method. FSIS invites comments on this notice.

The Department of Defense (DoD) published a proposed rule concerning the reduction of the use of social security numbers (SSN) in the Department on March 3, 2010 (75 FR 9548). The Department published the proposed rule because it intended to apply the SSN reduction policies and procedures to entities that contract with the Department. However, it has been determined that the Defense Federal Acquisition Regulation Supplement (DFARS) or another contract vehicle is a more appropriate way to apply these policies and procedures to these entities; therefore, a final rule in title 32 of the Code of Federal Regulations will not be published. DoD will publish internal guidance in an Instruction that will not contain language regarding contract companies since that guidance will be provided as noted above in a DFARS rule or other contract vehicle. This notice is being published to address the public comments received concerning the proposed rule.

The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS CHANCELLORSVILLE (CG 62) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Harry S. Truman Railroad Drawbridge across the Missouri River, mile 359.4, at Kansas City, Missouri. The deviation is necessary to allow the replacement of 64 counterweight cables that facilitate movement of the lift span. This deviation allows the bridge to remain in the closed position while the counterweight cables are replaced.

This rule decreases the assessment rate established for the Washington Cherry Marketing Committee (Committee) for the 2012-2013 and subsequent fiscal periods from $0.40 to $0.18 per ton of sweet cherries handled. The Committee locally administers the marketing order which regulates the handling of sweet cherries grown in designated counties in Washington. Assessments upon Washington sweet cherry handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The Federal Trade Commission (``FTC'' or ``Commission'') is amending its Red Flags Rule promulgated under Section 615 of the Fair Credit Reporting Act (FCRA), to implement the Red Flag Program Clarification Act of 2010 (Clarification Act or Act). The interim final rule amends the definition of ``creditor'' in the original Red Flags Rule to make it consistent with the revised definition of that term in the Clarification Act.

The Environmental Protection Agency (``EPA'') is finalizing the update of the Outer Continental Shelf (``OCS'') Air Regulations proposed in the Federal Register on August 30, 2012. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by the Clean Air Act, as amended in 1990 (``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the Santa Barbara County Air Pollution Control District (``Santa Barbara County APCD'' or ``District'') is the designated COA. The intended effect of approving the OCS requirements for the Santa Barbara County APCD is to regulate emissions from OCS sources in accordance with the requirements onshore.

We are revising an earlier proposed airworthiness directive (AD) for certain Cessna Aircraft Company (Cessna) Model 525 airplanes equipped with certain part number (P/N) air conditioning (A/C) compressor motors. That NPRM proposed to require inspection of the number of hours on the A/C compressor hour meter, inspection of the logbook, and replacement of the brushes on certain P/N A/C compressor motors or deactivation of the A/C system until replacement of the brushes and also require reporting of aircraft information related to the replacement of the brushes. That NPRM was prompted by reports of smoke and/or fire in the tailcone caused by brushes wearing beyond their limits on the A/C motor. This action revises that NPRM by providing correct steps for deactivation of the A/C compressor motor. We are proposing this supplemental NPRM to correct the unsafe condition on these products. 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 United States Small Business Administration (SBA) is increasing the receipts based small business size standards for 15 industries and retaining the current receipts based size standards for five industries in North American Industry Classification System (NAICS) Sector 51, Information. As part of its ongoing comprehensive review of all size standards, SBA evaluated all receipts based size standards for industries in NAICS Sector 51 to determine whether they should be retained or revised. SBA did not review the employee based standards for industries in NAICS Sector 51 in this rule, but will do so at a later date with other employee based size standards.

The United States Small Business Administration (SBA) is increasing the small business size standards for 37 industries and retaining the current size standards for the remaining seven industries in North American Industry Classification System (NAICS) Sector 56, Administrative and Support, Waste Management and Remediation Services. As part of its ongoing comprehensive review of all size standards, SBA has evaluated all receipts-based size standards for industries in NAICS Sector 56 to determine whether they should be retained or revised. SBA did not review the employee-based size standard for Environmental Remediation Services, an ``exception'' under NAICS 562910, Remediation Services, in NAICS Sector 56, but will do so at a later date with other employee-based size standards.