January 9, 2013 – Federal Register Recent Federal Regulation Documents
Results 101 - 126 of 126
Refunds Under the Cable Statutory License
The Copyright Office is amending its regulations to clarify its practices for providing refunds of cable royalties under the provisions of the Satellite Television Extension and Localism Act of 2010 (``STELA''). A cable operator must pay royalties to and file Statements of Account with the Office every six months in order to use the statutory license that allows for the retransmission of over-the-air broadcast signals under 17 U.S.C. 111. STELA allows a cable operator to calculate its royalty obligation for the carriage of distant signals on a community-by-community basis for accounting periods beginning on or after January 1, 2010, instead of calculating its royalty obligation based on the system as a whole. STELA also states that a cable operator shall not be subject to an infringement action if it used the subscriber group methodology to calculate its royalty obligation in a Statement filed prior to the effective date of STELA. Although a cable operator cannot be held liable for using the subscriber group methodology, the regulation clarifies that a cable operator's obligation to pay for the carriage of distant signals prior to the effective date of STELA was determined on a system-wide basis. Therefore, refunds for an overpayment of royalty fees on a Statement filed prior to the effective date of STELA will be made only when a cable operator has satisfied its outstanding royalty obligations (if any), including the obligation to pay for the carriage of each distant signal on a system-wide basis.
Determination of Attainment for the San Francisco Bay Area Nonattainment Area for the 2006 Fine Particle Standard; California; Determination Regarding Applicability of Clean Air Act Requirements
EPA is taking final action to determine that the San Francisco Bay Area nonattainment area in California has attained the 2006 24-hour fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS). This determination is based upon complete, quality-assured, and certified ambient air monitoring data showing that this area has monitored attainment of the 2006 24-hour PM2.5 NAAQS based on the 2009-2011 monitoring period. Based on the above determination, the requirements for this area to submit an attainment demonstration, together with reasonably available control measures (RACM), a reasonable further progress (RFP) plan, and contingency measures for failure to meet RFP and attainment deadlines are suspended for so long as the area continues to attain the 2006 24-hour PM2.5 NAAQS.
Next Generation 911; Text-to-911; Next Generation 911 Applications
The Federal Communications Commission proposes to amend its rules by requiring all wireless carriers and providers of ``interconnected'' text messaging applications to support the ability of consumers to send text messages to 911 in all areas throughout the nation where 911 Public Safety Answering Points (PSAPs) are also prepared to receive the texts. In addition, to inform consumers and prevent confusion, the Commission proposes to require all wireless carriers and interconnected text messaging providers to send automated ``bounce back'' error messages to consumers attempting to text 911 when the service is not available.
Agency Information Collection Activities: Administrative Rulings
U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Administrative Rulings. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This information collection was previously published in the Federal Register (77 FR 66626) on November 6, 2012, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Endangered and Threatened Wildlife and Plants; Recovery Permit Applications
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered or threatened species. The Endangered Species Act of 1973, as amended (Act), prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing these permits.
Disclosures Regarding Energy Consumption and Water Use of Certain Home Appliances and Other Products Required Under the Energy Policy and Conservation Act (“Appliance Labeling Rule”)
The Commission proposes to amend the Appliance Labeling Rule (``Rule'') by updating ranges of comparability and unit energy cost figures for many EnergyGuide labels. The Commission also seeks comment on a proposed exemption request by the Association of Home Appliance Manufacturers (AHAM) to help consumers compare the labels on refrigerators and clothes washers after the implementation of upcoming changes to the Department of Energy test procedures for those products.
Extension and Redesignation of South Sudan for Temporary Protected Status
This Notice announces that the Secretary of Homeland Security (Secretary) is both extending the existing designation of South Sudan for Temporary Protected Status (TPS) for 18 months from May 3, 2013 through November 2, 2014, and redesignating South Sudan for TPS for 18 months, effective May 3, 2013 through November 2, 2014. The extension allows currently eligible TPS beneficiaries to retain TPS through November 2, 2014. The redesignation of South Sudan allows additional individuals who have been continuously residing in the United States since January 9, 2013, to obtain TPS, if eligible. The Secretary has determined that an extension and redesignation are warranted because the conditions in South Sudan that prompted the TPS designation not only continue to be met but have deteriorated. There continues to be a substantial, but temporary, disruption of living conditions in South Sudan based upon ongoing armed conflict and extraordinary and temporary conditions in that country that prevent South Sudanese who now have TPS from returning in safety. This Notice also sets forth procedures necessary for nationals of South Sudan (or aliens having no nationality who last habitually resided in South Sudan) to either: (1) Re-register under the extension if they already have TPS and to apply for renewal of their Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS) or (2) submit an initial registration application under the redesignation and apply for an EAD. For individuals who have already been granted TPS under the South Sudan designation, the 60-day re-registration period runs from January 9, 2013 through March 11, 2013. USCIS will issue new EADs with a November 2, 2014 expiration date to eligible South Sudanese TPS beneficiaries who timely re-register and apply for EADs under this extension. Under the redesignation, individuals who currently do not have TPS (or an initial TPS application pending) may submit an initial TPS application during the 180-day initial registration period that runs from January 9, 2013 through July 8, 2013. In addition to demonstrating continuous residence in the United States since January 9, 2013, initial applicants for TPS under this redesignation must demonstrate that they have been continuously physically present in the United States since May 3, 2013, the effective date of the redesignation of South Sudan, before USCIS will be able to grant them TPS. Some individuals who are TPS beneficiaries under the current designation of Sudan may now be nationals of South Sudan, and may now qualify for TPS under South Sudan. In addition to regular procedures, this notice sets forth special procedures for such individuals to register and apply for TPS under the South Sudan redesignation.
Extension and Redesignation of Sudan for Temporary Protected Status
This Notice announces that the Secretary of Homeland Security (Secretary) is both extending the existing designation of Sudan for Temporary Protected Status (TPS) for 18 months from May 3, 2013 through November 2, 2014, and redesignating Sudan for TPS for 18 months, effective May 3, 2013 through November 2, 2014. The extension allows currently eligible TPS beneficiaries to retain TPS through November 2, 2014. The redesignation of Sudan allows additional individuals who have been continuously residing in the United States since January 9, 2013, to obtain TPS, if eligible. The Secretary has determined that an extension and redesignation are warranted because the conditions in Sudan that prompted the TPS designation not only continue to be met but have deteriorated. There continues to be a substantial, but temporary, disruption of living conditions in Sudan based upon ongoing armed conflict and extraordinary and temporary conditions in that country that prevent Sudanese who now have TPS from returning in safety. This Notice also sets forth procedures necessary for nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) to either: (1) Re-register under the extension if they already have TPS and to apply for renewal of their Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS) or (2) submit an initial registration application under the redesignation and apply for an EAD. For individuals who have already been granted TPS under the Sudan designation, the 60-day re-registration period runs from January 9, 2013 through March 11, 2013. USCIS will issue new EADs with a November 2, 2014 expiration date to eligible Sudanese TPS beneficiaries who timely re-register and apply for EADs under this extension. Under the redesignation, individuals who currently do not have TPS (or an initial TPS application pending) may submit an initial application during the 180-day initial registration period that runs from January 9, 2013 through July 8, 2013. In addition to demonstrating continuous residence in the United States since January 9, 2013, initial applicants for TPS under this redesignation must demonstrate that they have been continuously physically present in the United States since May 3, 2013, the effective date of the redesignation of Sudan, before USCIS will be able to grant them TPS. In a separate Federal Register notice published on January 9, 2013, the Secretary has redesignated South Sudan for TPS. Some individuals who are TPS beneficiaries under the current designation of Sudan may now be nationals of South Sudan, and may now qualify for TPS under South Sudan. The South Sudan notice sets forth special procedures for such individuals to register and apply for TPS under the South Sudan redesignation.
Airworthiness Directives; Airbus Airplanes
We are adopting a new airworthiness directive (AD) for all Airbus Model A318, A319, A320, and A321 series airplanes. This emergency AD was sent previously to all known U.S. owners and operators of these airplanes. This AD requires revising the airplane flight manual (AFM) to advise the flight crew of emergency procedures for addressing Angle of Attack (AoA) sensor blockage. This AD also provides for optional terminating action for the AFM revision, which involves replacing AoA sensor conic plates with AoA sensor flat plates. This AD was prompted by a report that an airplane equipped with AoA sensors installed with conic plates recently experienced blockage of all sensors during climb, leading to autopilot disconnection and activation of the alpha protection (Alpha Prot) when Mach number was increased. We are issuing this AD to prevent reduced control of the airplane.
Airworthiness Directives; Eurocopter France Helicopters
We are adopting a new airworthiness directive (AD) for all Eurocopter France (Eurocopter) Model SA-365N, SA-365N1, AS-365N2, AS 365 N3, EC 155B, EC155B1, SA-365C, SA-365C1, SA-365C2, and SA-366G1 helicopters. This AD requires inspecting portions of the main gearbox (MGB) for the presence of sealing compound and corrosion. This AD was prompted by reports of corrosion on the main MGB casing lower area between the two servo-control anchoring fitting attachment ribs. An investigation determined that the corrosion was associated with sealing compound on the lower part of the fitting/casing attachment. The actions in this AD are intended to detect corrosion on the MGB casing, which could lead to a crack, failure of the MGB, and subsequent loss of control of the helicopter.
Boundary Expansion of Cordell Bank and Gulf of the Farallones National Marine Sanctuaries; Intent To Prepare Draft Environmental Impact Statement; Scoping Meetings
On December 21, 2012, NOAA published a notice of intent in the Federal Register to revise the boundaries of Cordell Bank and Gulf of the Farallones national marine sanctuaries. This document makes a correction to the dates of the scoping meetings. The end of the scoping period remains March 1, 2013.
Notice of Approval of Clean Air Act Outer Continental Shelf Minor Source/Title V Minor Permit Modification Issued to Shell Offshore, Inc. for the Kulluk Conical Drilling Unit
This notice announces that EPA Region 10 has issued a final decision granting Shell Offshore Inc.'s (``Shell'') request for minor modifications of Clean Air Act Outer Continental Shelf (``OCS'') Minor Source/Title V Permit No. R10OCS03000 (``permits''). The permits authorize air emissions associated with Shell's operation of the Kulluk Conical Drilling Unit (``Kulluk'') in the Beaufort Sea to conduct exploratory oil and gas drilling.
Airworthiness Directives; Thielert Aircraft Engines GmbH Reciprocating Engines
We are superseding an existing airworthiness directive (AD) for all Thielert Aircraft Engines GmbH models TAE 125-01, TAE 125-02- 99, and TAE 125-02-114 reciprocating engines. That AD currently requires installation of full-authority digital electronic control (FADEC) software version 2.91. This new AD requires removing all software mapping versions prior to 292, 301, or 302, applicable to the TAE engine model. This AD was prompted by reports of possible power loss on airplanes equipped with TAE 125 engines. We are issuing this AD to prevent engine power loss or in-flight shutdown, resulting in reduced control of or damage to the airplane.
Airworthiness Directives; Thielert Aircraft Engines GmbH Reciprocating Engines
We are adopting a new airworthiness directive (AD) for all Thielert Aircraft Engines GmbH (TAE) TAE 125-02-99 and TAE 125-02-114 reciprocating engines. This AD requires inspection of the oil filler plug vent hole at the next scheduled maintenance or within 110 flight hours after the effective date of this AD. If chips are found to be blocking the vent hole, additional corrective action is required before next flight. This AD was prompted by an in-flight shutdown of an airplane equipped with a TAE 125-02-99 engine. We are issuing this AD to prevent engine in-flight shutdown or power loss, possibly resulting in reduced control of the airplane.
Airworthiness Directives; Honeywell International Inc. Air Data Pressure Transducers
We are adopting a new airworthiness directive (AD) for certain Honeywell International Inc. air data pressure transducers as installed on various aircraft. This AD requires various tests or checks of equipment having certain air data pressure transducers, and removal of equipment if necessary. As an option to the tests or checks, this AD allows removal of affected equipment having certain air data pressure transducers. This AD was prompted by a report of a pressure measurement error in the pressure transducer used in various air data systems, which translates into air data parameter errors. We are issuing this AD to detect and correct inaccuracies of the pressure sensors, which could result in altitude, computed airspeed, true airspeed, and Mach computation errors. These errors could reduce the ability of the flightcrew to maintain the safe flight of the aircraft and could result in consequent loss of control of the aircraft.
Airworthiness Directives; Bell Helicopter Textron Inc. Helicopters
We are adopting a new airworthiness directive (AD) for the Bell Helicopter Textron Inc. (BHTI) Model 205A, 205A-1, and 205B helicopters with certain starter/generator power cable assemblies (power cable assemblies). This AD requires replacing the power cable assemblies and their associated parts, and performing continuity readings. This AD was prompted by the determination that the power cable assembly connector (connector) can deteriorate, causing a short in the connector that may lead to a fire in the starter/generator, smoke in the cockpit that reduces visibility, and subsequent loss of helicopter control.
Major Capital Investment Projects
This final rule sets a new regulatory framework for FTA's evaluation and rating of major transit capital investments seeking funding under the discretionary ``New Starts'' and ``Small Starts'' programs. This final rule is being published concurrently with a Notice of Availability of revised proposed policy guidance that provides additional detail on the new measures and proposed methods for calculating the project justification and local financial commitment criteria specified in statute and this final rule. FTA seeks public comment on the revised proposed policy guidance referenced in the Notice of Availability published today. Because of the recent enactment of the Moving Ahead for Progress in the 21st Century Act (MAP-21), subsequent interim guidance and rulemaking will be forthcoming to address provisions not covered in this final rule.
Notice of Availability of Proposed New Starts and Small Starts Policy Guidance
The Federal Transit Administration (FTA) is announcing the availability of proposed policy guidance to sponsors of New Starts and Small Starts projects, and inviting comment on this proposed guidance, which has been placed both in the docket and on the agency's web site. This proposed policy guidance will accompany the final rule for Major Capital Investment Projects published elsewhere in this issue of the Federal Register. Specifically, this proposed policy guidance describes the particular measures FTA intends to apply in evaluating projects seeking New Starts and Small Starts funding and the way these measures would be used in project ratings, if adopted. The final rule establishes the framework for the New Starts and Small Starts evaluation and rating process; this proposed policy guidance complements the final rule by providing a deeper level of detail about the methods for calculating the project justification and local financial commitment criteria required for New Starts and Small Starts projects.
Airworthiness Directives; Burkhart GROB Luft- und Raumfahrt GmbH Sailplanes
We are adopting a new airworthiness directive (AD) for Burkhart GROB Luft- und Raumfahrt GmbH Models GROB G 109 and GROB G 109B sailplanes. 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 corrosion and/or cracking of the elevator control rod that could lead to failure of the elevator control rod with consequent loss of control. We are issuing this AD to require actions to address the unsafe condition on these products.
Marine Mammals; Incidental Take During Specified Activities
In accordance with the Marine Mammal Protection Act of 1972, as amended (MMPA), and its implementing regulations, we, the U.S. Fish and Wildlife Service (Service or we), propose regulations that authorize the nonlethal, incidental, unintentional take of small numbers of Pacific walruses (Odobenus rosmarus divergens) and polar bears (Ursus maritimus) during oil and gas industry (Industry) exploration activities in the Chukchi Sea and adjacent western coast of Alaska. If adopted as proposed, this rule would be effective for 5 years from the date of issuance of the final rule. We propose a finding that the total expected takings of Pacific walruses (walruses) and polar bears during Industry exploration activities will impact small numbers of animals, will have a negligible impact on these species, and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. The proposed regulations include: Permissible methods of nonlethal taking; measures to ensure that Industry activities will have the least practicable adverse impact on the species and their habitat, and on the availability of these species for subsistence uses; and requirements for monitoring and reporting of any incidental takings which may occur, to the Service. If this rule is made final, the Service will issue Letters of Authorization (LOAs), upon request, for activities proposed to be conducted in accordance with the regulations.
Traceability for Livestock Moving Interstate
We are amending the regulations to establish minimum national official identification and documentation requirements for the traceability of livestock moving interstate. Under this rulemaking, unless specifically exempted, livestock belonging to species covered by the regulations that are moved interstate must be officially identified and accompanied by an interstate certificate of veterinary inspection or other documentation. These regulations specify approved forms of official identification for each species but allow the livestock covered under this rulemaking to be moved interstate with another form of identification, as agreed upon by animal health officials in the shipping and receiving States or Tribes. The purpose of this rulemaking is to improve our ability to trace livestock in the event that disease is found.
Airworthiness Directives; Saab AB, Saab Aerosystems Airplanes
We are adopting a new airworthiness directive (AD) for all Saab AB, Saab Aerosystems Model SAAB 2000 airplanes. This AD was prompted by reports of chafing on the bottom panel of the center cabin. This AD requires a general visual inspection to determine if certain fasteners are installed, and related investigative and corrective actions. We are issuing this AD to detect and correct any chafing on the bottom panel of the center cabin, which could affect the structural integrity of the affected wing-to-fuselage connection.
Seagoing Barges
The Coast Guard is proposing to revise several vessel inspection and certification regulations to align them with a statutory definition of ``seagoing barge'' and with an exemption from inspection and certification requirements for certain seagoing barges. The proposed revisions are intended to eliminate ambiguity in existing regulations, to reduce the potential for confusion among the regulated public, and to help the Coast Guard perform its maritime safety and stewardship missions.
Implementation of the Local Community Radio Act of 2010; Revision of Service and Eligibility Rules for Low Power FM Stations
In this document, the Commission modifies its rules in order to implement provisions of the Local Community Radio Act of 2010 (``LCRA''). It also proposes changes to its rules intended to promote the low power FM service's localism and diversity goals, reduce the potential for licensing abuses, and clarify certain rules.
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