January 15, 2013 – Federal Register Recent Federal Regulation Documents

The Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) are withdrawing the direct final rule that August 28, 2012. HHS/FDA published the direct final rule to exempt scientific research misconduct proceedings records from certain requirements of the Privacy Act of 1974 in order to protect records compiled in the course of misconduct inquiries and investigations, and to safeguard the identity of confidential sources. The comment period closed on November 13, 2012. HHS/FDA is withdrawing the direct final rule because the Agency received significant adverse comment.

We propose to adopt a new airworthiness directive (AD) for GROB-WERKE Model G115EG airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated 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 cracks in the elevator trim tab arms on several Grob G 115 airplanes, which could result in failure of the part and consequent loss of control. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans to prescribe interest assumptions under the regulation for valuation dates in February 2013. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.

This proposed rule would increase the assessment rate established for the Citrus Administrative Committee (Committee) for the 2012-13 and subsequent fiscal periods from $0.0072 to $0.008 per \4/5\ bushel carton of citrus handled. The Committee locally administers the marketing order which regulates the handling of oranges, grapefruit, tangerines, and tangelos grown in Florida. Assessments upon citrus handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

The Assistant Secretary for Special Education and Rehabilitative Services proposes a priority under the Disability and Rehabilitation Research Projects (DRRP) and Centers Program administered by the National Institute on Disability and Rehabilitation Research (NIDRR). Specifically, this notice proposes a priority for a DRRP to serve as the Center on Knowledge Translation for Technology Transfer (Center). The Assistant Secretary may use this priority for competitions in fiscal year (FY) 2013 and later years. We take this action to focus research attention on areas of national need. We intend this priority to contribute to improved outcomes for individuals with a disability.

The Assistant Secretary for Special Education and Rehabilitative Services proposes a priority under the Disability and Rehabilitation Research Projects and Centers Program administered by the National Institute on Disability and Rehabilitation Research (NIDRR). Specifically, this notice proposes a priority for a Disability and Rehabilitation Research Project (DRRP) on inclusive Cloud and Web computing. The Assistant Secretary may use this priority for competitions in fiscal year (FY) 2013 and later years. We take this action to focus research attention on areas of national need. We intend this priority to contribute to improved employment outcomes for individuals with disabilities.

The EPA is finding that 28 states, the District of Columbia and the Commonwealth of Puerto Rico have not made complete state implementation plan (SIP) submissions to address certain SIP elements, as required by the Clean Air Act (CAA). Specifically, the EPA is determining that these states have not submitted complete SIPs that provide the basic CAA program elements as necessary to implement the 2008 8-hour ozone national ambient air quality standards (NAAQS). The EPA refers to these SIP submissions as ``infrastructure'' SIPs. By this action, the EPA is identifying states that either have not made any submission to address the applicable elements or have made a complete submission to address some applicable elements but did not make a complete submission for other applicable elements. The EPA recognizes that its efforts to reconsider the 2008 8-hour ozone NAAQS delayed and complicated the efforts of some states to develop and submit these infrastructure SIPs, but at this time the EPA is nevertheless required by court order to make these findings. These findings of failure to submit establish a 24-month deadline for the EPA to promulgate federal implementation plans (FIPs) to address the outstanding SIP elements unless, prior to that time, the affected states submit and the EPA approves, a SIP that corrects the deficiency.

The Farm Credit Administration (FCA), through the FCA Board, issued a final rule amending its regulations governing investment management practices of the Federal Agricultural Mortgage Corporation. In accordance with the law, the effective date of the final rule is 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session.

Based on its review of the air quality criteria and the national ambient air quality standards (NAAQS) for particulate matter (PM), the EPA is making revisions to the suite of standards for PM to provide requisite protection of public health and welfare and to make corresponding revisions to the data handling conventions for PM and to the ambient air monitoring, reporting, and network design requirements. The EPA also is making revisions to the prevention of significant deterioration (PSD) permitting program with respect to the NAAQS revisions. With regard to primary (health-based) standards for fine particles (generally referring to particles less than or equal to 2.5 micrometers ([mu]m) in diameter, PM2.5), the EPA is revising the annual PM2.5 standard by lowering the level to 12.0 micrograms per cubic meter ([mu]g/m\3\) so as to provide increased protection against health effects associated with long- and short-term exposures (including premature mortality, increased hospital admissions and emergency department visits, and development of chronic respiratory disease), and to retain the 24-hour PM2.5 standard at a level of 35 [mu]g/m\3\. The EPA is revising the Air Quality Index (AQI) for PM2.5 to be consistent with the revised primary PM2.5 standards. With regard to the primary standard for particles generally less than or equal to 10 [micro]m in diameter (PM10), the EPA is retaining the current 24-hour PM10 standard to continue to provide protection against effects associated with short-term exposure to thoracic coarse particles (i.e., PM10-2.5). With regard to the secondary (welfare-based) PM standards, the EPA is generally retaining the current suite of secondary standards (i.e., 24-hour and annual PM2.5 standards and a 24-hour PM10 standard). Non-visibility welfare effects are addressed by this suite of secondary standards, and PM-related visibility impairment is addressed by the secondary 24-hour PM2.5 standard.