January 2, 2013 – Federal Register Recent Federal Regulation Documents

Approval and Promulgation of Air Quality Implementation Plans; Utah; Maintenance Plan for the 1997 8-Hour Ozone Standard for Salt Lake County and Davis County
Document Number: 2012-31562
Type: Proposed Rule
Date: 2013-01-02
Agency: Environmental Protection Agency
EPA is proposing to partially approve and partially disapprove State Implementation Plan (SIP) revisions submitted by the Governor of Utah on March 22, 2007. The SIP revision is the State of Utah's maintenance plan for the 1997 8-hour ozone standard for Salt Lake County and Davis County, along with associated rules: R307-101-2, ``Definitions;'' R307-110-13, ``Section IX, Control Measures for Area and Point Sources, Part D, Ozone;'' R307-320, ``Ozone Maintenance Areas and Ogden City: Employer-Based Trip Reduction Program;'' R307-325, ``Ozone Nonattainment and Maintenance Areas: General Requirements;'' R307-326, ``Ozone Nonattainment and Maintenance Areas: Control of Hydrocarbon Emissions in Petroleum Refineries;'' R307-327, ``Ozone Nonattainment and Maintenance Areas: Petroleum Liquid Storage;'' R307- 328, ``Ozone Nonattainment and Maintenance Areas and Utah and Weber Counties: Gasoline Transfer and Storage;'' R307-335, ``Ozone Nonattainment and Maintenance Areas: Degreasing and Solvent Cleaning Operations;'' R307-340, ``Ozone Nonattainment and Maintenance Areas: Surface Coating Processes;'' R307-341, ``Ozone Nonattainment and Maintenance Areas: Cutback Asphalt;'' and R307-342, ``Ozone Nonattainment and Maintenance Areas: Qualification of Contractors and Test Procedures for Vapor Recovery Systems for Gasoline Delivery Tanks.'' This action is being taken under sections 107 and 110 of the Clean Air Act (Act).
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Trawl Rationalization Program; Reconsideration of Allocation of Whiting
Document Number: 2012-31546
Type: Proposed Rule
Date: 2013-01-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This action proposes revisions to several portions of the Pacific Coast Groundfish Fishery Trawl Rationalization Program regulations and requests comments on NMFS' preliminary conclusion that the Pacific Fishery Management Council's (Council's) selection of the no action alternative regarding the reconsideration of initial allocation of Pacific whiting (whiting) is consistent with the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the Pacific Coast Groundfish Fishery Management Plan (FMP), and other applicable law.. This action is necessary to comply with a court order requiring NMFS to reconsider the initial allocation of whiting to the shorebased individual fishing quota (IFQ) fishery and the at-sea mothership fishery. These proposed regulatory changes would affect the transfer of quota share (QS) and individual bycatch quota (IBQ) between QS accounts in the shorebased IFQ fishery, and severability of catch history assignments in the mothership fishery, both of which would be allowed on specified dates with the exception of widow rockfish. Widow rockfish is no longer an overfished species and transfer of QS for this species will be reinstated pending reconsideration of the allocation of widow rockfish QS in a future action. The divestiture period for widow rockfish QS in the IFQ fishery is also proposed to be delayed indefinitely.
Approval and Promulgation of Implementation Plans; Georgia: New Source Review-Prevention of Significant Deterioration
Document Number: 2012-31538
Type: Proposed Rule
Date: 2013-01-02
Agency: Environmental Protection Agency
EPA is proposing to approve portions of a revision to the Georgia State Implementation Plan (SIP) submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (EPD), on July 26, 2012. The SIP submission includes changes to Georgia's New Source Review (NSR), Prevention of Significant Deterioration (PSD) program to incorporate by reference (IBR) federal PSD requirements regarding fine particulate matter (PM2.5) increments, significant impact levels (SILs), significant monitoring concentration (SMC) and the deferral of, until July 21, 2014, PSD applicability to biogenic carbon dioxide (CO2) emissions from bioenergy and other biogenic stationary sources. EPA is proposing to approve portions of Georgia's SIP submittal because the Agency has preliminarily determined that it is consistent with section 110 of the Clean Air Act (CAA or Act) and EPA regulations regarding NSR permitting.
Designation of Areas for Air Quality Planning Purposes; California; Morongo Band of Mission Indians
Document Number: 2012-31537
Type: Proposed Rule
Date: 2013-01-02
Agency: Environmental Protection Agency
EPA is proposing to correct an error in a previous rulemaking that revised the boundaries between nonattainment areas in Southern California established under the Clean Air Act for the purposes of addressing the revoked national ambient air quality standard for one- hour ozone. EPA is also proposing to revise the boundaries of certain Southern California air quality planning areas to designate the Indian country of the Morongo Band of Mission Indians, California (Morongo Reservation) as a separate air quality planning area for the one-hour and 1997 eight-hour ozone standards.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer
Document Number: 2012-31531
Type: Rule
Date: 2013-01-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the State of North Carolina is transferring a portion of its 2012 commercial summer flounder quota to the Commonwealth of Virginia, the State of North Carolina is transferring a portion of its 2012 commercial summer flounder quota to the State of Connecticut, and the Commonwealth of Massachusetts is transferring a portion of its 2012 commercial summer flounder quota to the State of Rhode Island. NMFS is adjusting the quotas and announcing the revised commercial quota for each state involved.
Prevailing Rate Systems; Abolishment of the Washington, DC, Special Wage Schedule for Printing Positions
Document Number: 2012-31521
Type: Rule
Date: 2013-01-02
Agency: Office of Personnel Management
The U.S. Office of Personnel Management published a final rule in the Federal Register on December 14, 2012, abolishing the Washington, DC, Federal Wage System special wage schedule for printing and lithographic positions. The final rule incorrectly listed the page number of the interim rule published on July 13, 2012, in the words of issuance. This document corrects this error.
Pears Grown in Oregon and Washington; Modification of the Assessment Rate for Fresh Pears
Document Number: 2012-31516
Type: Proposed Rule
Date: 2013-01-02
Agency: Agricultural Marketing Service, Department of Agriculture
This rule would increase the assessment rate established for the Fresh Pear Committee (Committee) for the 2012-2013 and subsequent fiscal periods from $0.366 to $0.449 per standard box or equivalent of summer/fall pears handled, and would decrease the assessment rate from $0.471 to $0.449 per standard box or equivalent of fresh winter pears handled. The Committee locally administers the marketing order which regulates the handling of fresh pears grown in Oregon and Washington. Assessments upon Oregon-Washington fresh pear handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins July 1 and ends June 30. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Irish Potatoes Grown in Colorado; Modification of the Handling Regulation for Area No. 2
Document Number: 2012-31513
Type: Rule
Date: 2013-01-02
Agency: Agricultural Marketing Service, Department of Agriculture
This rule modifies the grade requirements for potatoes handled under the Colorado potato marketing order, Area No. 2 (order). The order regulates the handling of Irish potatoes grown in Colorado and is administered locally by the Colorado Potato Administrative Committee, Area No. 2 (Committee). This rule relaxes the minimum grade requirement for size B and 1-inch to 1\3/4\-inch diameter round, red-skinned potatoes handled under the Colorado potato marketing order from U.S. No. 1 to U.S. Commercial. This change is expected to facilitate the handling and marketing of the Area No. 2 potato crop, provide producers and handlers with increased returns, and supply consumers with increased potato purchasing options.
Soybean Promotion and Research: Amend the Order To Adjust Representation on the United Soybean Board
Document Number: 2012-31511
Type: Rule
Date: 2013-01-02
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule adjusts the number of members on the United Soybean Board (Board) to reflect changes in production levels that have occurred since the Board was reapportioned in 2009. As required by the Soybean Promotion, Research, and Consumer Information Act (Act), membership is reviewed every 3 years and adjustments are made accordingly. This change results in an increase in Board membership for Mississippi, increasing the total number of Board members from 69 to 70. The change will be effective for the 2013 nomination and appointment process.
Final Flood Elevation Determinations
Document Number: 2012-31506
Type: Rule
Date: 2013-01-02
Agency: Federal Emergency Management Agency, Department of Homeland Security
Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Radio Broadcasting Services; Westley, CA
Document Number: 2012-31493
Type: Rule
Date: 2013-01-02
Agency: Federal Communications Commission, Agencies and Commissions
This document grants the Petitions for Reconsideration filed separately by Modesto Peace/Life Center (``MPLC'') and Calvary Chapel of Turlock, Inc. (``CCT''), reinstates the applications, File Nos. BNPED-20100224ABX and BNPED-20100226AGO, respectively, nunc pro tunc, and re-reserves Channel 238A at Westley, California for noncommercial educational use.
Shared Responsibility for Employers Regarding Health Coverage
Document Number: 2012-31269
Type: Proposed Rule
Date: 2013-01-02
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations providing guidance under section 4980H of the Internal Revenue Code (Code) with respect to the shared responsibility for employers regarding employee health coverage. These proposed regulations would affect only employers that meet the definition of ``applicable large employer'' as described in these proposed regulations. As discussed in section X of this preamble, employers may rely on these proposed regulations for guidance pending the issuance of final regulations or other applicable guidance. This document also provides notice of a public hearing on these proposed regulations.
New Animal Drugs; Meloxicam; Nicarbazin
Document Number: 2012-31234
Type: Rule
Date: 2013-01-02
Agency: Food and Drug Administration, Department of Health and Human Services
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 October 2012. FDA is also informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable.
Endangered and Threatened Wildlife and Plants; Listing the Honduran Emerald Hummingbird
Document Number: 2012-31095
Type: Proposed Rule
Date: 2013-01-02
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list as endangered the Honduran emerald hummingbird (Amazilia luciae) under the Endangered Species Act of 1973, as amended (Act). This species is endemic to a small area in Honduras, and the population is estimated to be less than 1,000 and decreasing. Its suitable habitat has decreased in the past 100 years and continues to diminish. This document also serves as the completion of the status review (also known as the 12-month finding). We seek information from the public on the proposed listing for this species.
Airworthiness Directives; Airbus Airplanes
Document Number: 2012-31026
Type: Rule
Date: 2013-01-02
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Airbus Model A330-202, -203, -223, -243, -302, -323, -342, and -343 airplanes; and Model A340-313 airplanes. This AD was prompted by reports that a specific batch of cargo doors might have deviations in quality related to door structure, such as irregular bore holes, improper application of sealant and paint, or uncleanliness. This AD requires inspecting to identify the part and serial numbers of the forward and aft cargo doors, and replacing the affected cargo doors. We are issuing this AD to prevent the degraded structural capability of the cargo door, a primary structure, from leading to failure of the door, which could lead to a breach through the door or the door detaching from the airplane, resulting in potential rapid decompression.
Airworthiness Directives; Airbus Airplanes
Document Number: 2012-31004
Type: Rule
Date: 2013-01-02
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Airbus Model A330-200 Freighter series airplanes, Model A330-200 series airplanes, Model A330-300 series airplanes, Model A340-200 series airplanes, and Model A340-300 series airplanes. This AD was prompted by a report of an in-flight turn back after the nose landing gear (NLG) did not retract after take-off. This AD requires repetitive overhaul of the NLG retraction actuator. We are issuing this AD to prevent failure of the retraction actuator, which could cause collapse of the NLG after touchdown and possible injury to flightcrew and passengers.
Regulated Navigation Area; Reporting Requirements for Barges Loaded With Certain Dangerous Cargoes, Inland Rivers, Eighth Coast Guard District; Extension of Stay (Suspension)
Document Number: 2012-30986
Type: Rule
Date: 2013-01-02
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District is extending the previously published stay (suspension) of reporting requirements under the Regulated Navigation Area (RNA) established by 33 CFR 165.830 for barges loaded with certain dangerous cargoes (CDC barges) in the inland rivers of the Eighth Coast Guard District. A two year stay was previously published at 76 Federal Register (FR) 1360 (January 10, 2011), which expires January 15, 2013. This extension is necessary because the Coast Guard continues to analyze future reporting needs and evaluate possible changes in CDC reporting requirements. This extension of the suspension of the CDC reporting requirements in no way relieves towing vessel operators and fleeting area managers responsible for CDC barges in the RNA from their dangerous cargo or vessel arrival and movement reporting obligations currently in effect under other regulations or placed into effect under appropriate Coast Guard authority.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2012-30924
Type: Rule
Date: 2013-01-02
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 737-300, -400, and -500 series airplanes. That AD currently requires repetitive inspections for cracking of the crown area of the fuselage skin, and corrective actions if necessary. This new AD adds repetitive inspections for cracking using different inspection methods and inspecting additional areas, and corrective actions if necessary. This new AD also requires additional repairs to previously repaired areas and repetitive inspections for loose fasteners and replacement if necessary in certain previously repaired areas. This AD also reduces certain compliance times and extends certain other compliance times. This AD was prompted by additional reports of cracking at the horizontal chem-mill steps away from the lap joints over the entire crown area, and vertical chem-mill cracks adjacent to the butt joints. We are issuing this AD to detect and correct fatigue cracking of the fuselage skin, which could cause the fuselage skin to fracture and fail, and result in rapid decompression of the airplane.
Paper and Paper-Based Packaging Promotion, Research and Information Order
Document Number: 2012-30923
Type: Proposed Rule
Date: 2013-01-02
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule invites comments on a proposed Paper and Paper-Based Packaging Promotion, Research and Information Order (Order). The purpose of the program would be to maintain and expand markets for paper and paper-based packaging. A referendum would be held among eligible manufacturers and importers to determine whether they favor implementation of the program prior to it going into effect. The program would be financed by an assessment on paper and paper-based packaging manufacturers (domestic producers) and importers and would be administered by a board of industry members appointed by the Secretary of Agriculture (Secretary). The assessment rate would initially be $0.35 per short ton. This proposed rule also announces the Agricultural Marketing Service's (AMS) intent to request approval by the Office of Management and Budget (OMB) of new information collection requirements to implement the program.
Paper and Paper-Based Packaging Promotion, Research and Information Order; Referendum Procedures
Document Number: 2012-30915
Type: Proposed Rule
Date: 2013-01-02
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule invites comments on procedures for conducting a referendum to determine whether issuance of a proposed Paper and Paper-Based Packaging Promotion, Research and Information Order (Order) is favored by manufacturers (domestic producers) and importers of paper and paper-based packaging. The procedures would also be used for any subsequent referendum under the Order. The proposed Order is being published separately in this issue of the Federal Register. This proposed rule also announces the Agricultural Marketing Service's (AMS) intent to request approval by the Office of Management and Budget (OMB) of new information collection requirements to implement the program.
Business Conduct and Documentation Requirements for Swap Dealers and Major Swap Participants; Extension of Compliance Date
Document Number: 2012-30885
Type: Rule
Date: 2013-01-02
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``Commission'') is changing the compliance dates for certain rules in the Commission's regulations governing business conduct standards for swap dealers (``SDs'') and major swap participants (``MSPs''), and certain rules requiring SDs and MSPs to engage in portfolio reconciliation and to have certain documentation with their swap counterparties. The Commission is extending the compliance date for certain rules by four months, and up to six months for others. The extended compliance dates are intended to provide SDs and MSPs with additional time to achieve compliance with certain regulations.
Energy Conservation Program: Test Procedures for Residential Clothes Dryers
Document Number: 2012-30677
Type: Proposed Rule
Date: 2013-01-02
Agency: Department of Energy
The U.S. Department of Energy (DOE) proposes to revise its test procedures for residential clothes dryers established under the Energy Policy and Conservation Act. The proposed amendments to appendix D1 would include testing methods for more accurately measuring the effects of automatic cycle termination. In addition, the proposed amendments would update the reference to the latest edition of the International Electrotechnical Commission (IEC) Standard 62301, ``Household electrical appliancesMeasurement of standby power,'' Edition 2.0 2011-01. For the test procedures at both appendix D and appendix D1, DOE proposes to clarify the cycle settings used for the test cycle and the requirements for the gas supply for gas clothes dryers.
Airworthiness Directives; Rolls-Royce plc Turbofan Engines
Document Number: 2012-30383
Type: Rule
Date: 2013-01-02
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Rolls-Royce plc (RR) RB211-524G2-19; RB211-524G2-T-19; RB211-524G3-19; RB211-524G3-T-19; RB211-524H2-19; RB211-524H2-T-19; RB211-524H-36; RB211-524H-T-36; RB211-535E4-37; RB211-535E4-B-37; RB211-535E4-B-75; and RB211-535E4-C-37 turbofan engines. This AD was prompted by an investigation by RR concluding that certain intermediate-pressure (IP) turbine discs produced before 1997 by a certain supplier may contain steel inclusions. This AD requires removal of the affected IP turbine discs to inspect them for steel inclusions, and removal of the affected discs from service if they fail the inspection. This AD also requires removal from service of some IP turbine discs at reduced life limits. We are issuing this AD to prevent uncontained IP turbine disc failure, engine failure, and damage to the airplane.
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