January 17, 2013 – Federal Register Recent Federal Regulation Documents

Golden Nematode; Removal of Regulated Areas in Livingston and Steuben Counties, NY
Document Number: C1-2013-00206
Type: Rule
Date: 2013-01-17
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
Approval and Promulgation of Implementation Plans; Kentucky; 110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards
Document Number: 2013-00951
Type: Proposed Rule
Date: 2013-01-17
Agency: Environmental Protection Agency
EPA is proposing to approve in part, conditionally approve in part, and disapprove in part, the July 17, 2012, State Implementation Plan (SIP) submission provided by the Commonwealth of Kentucky, through the Division of Air Quality (DAQ) of the Kentucky Energy and Environment Cabinet. Kentucky DAQ submitted the July 17, 2012, SIP submission as a replacement to its original September 8, 2009, SIP submission. Specifically, this proposal pertains to the Clean Air Act (CAA or Act) requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS) infrastructure SIP. The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. Kentucky DAQ made a SIP submission demonstrating that the Kentucky SIP contains provisions that ensure the 2008 8-hour ozone NAAQS are implemented, enforced, and maintained in the Commonwealth (hereafter referred to as ``infrastructure submission''). EPA is now proposing three related actions on Kentucky DAQ's infrastructure SIP submission. First, EPA is proposing to determine that Kentucky DAQ's infrastructure submission, provided to EPA on July 17, 2012, satisfies certain required infrastructure elements for the 2008 8-hour ozone NAAQS. Second, with respect to the infrastructure requirements related to specific prevention of significant deterioration (PSD) requirements, EPA is proposing to approve, in part and conditionally approve in part, the infrastructure SIP submission based on a December 19, 2012, Kentucky DAQ commitment to submit specific enforceable measures for approval into the SIP to address specific PSD program deficiencies. Third, EPA is proposing to disapprove Kentucky DAQ's infrastructure SIP submission with respect to certain interstate transport requirements for the 2008 8-hour ozone NAAQS because the submission does not address the statutory provisions with respect to the relevant NAAQS and thus does not satisfy the criteria for approval. The CAA requires EPA to act on this portion of the SIP submission even though under a recent court decision (which is not yet final as EPA has requested rehearing), Kentucky DAQ was not yet required to submit a SIP submission to address these interstate transport requirements. Moreover, under that same court decision, this disapproval does not trigger an obligation for EPA to promulgate a Federal Implementation plan (FIP) to address these interstate transport requirements.
Proposed Priority-National Institute on Disability and Rehabilitation Research-Disability and Rehabilitation Research Projects and Centers Program-Rehabilitation Engineering Research Centers
Document Number: 2013-00939
Type: Proposed Rule
Date: 2013-01-17
Agency: Department of Education
The Assistant Secretary for Special Education and Rehabilitative Services proposes a priority for 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 Rehabilitation Engineering Research Centers (RERCs): Hearing Enhancement. The Assistant Secretary may use this priority for a competition in fiscal year (FY) 2013 and later years. We take this action to focus research attention on areas of national need. We intend to use this priority to improve rehabilitation services and outcomes for individuals with disabilities.
Federal Motor Vehicle Safety Standards; New Pneumatic and Certain Specialty Tires
Document Number: 2013-00938
Type: Rule
Date: 2013-01-17
Agency: National Highway Traffic Safety Administration, Department of Transportation
This final rule amends Federal Motor Vehicle Safety Standard (FMVSS) No. 109, New pneumatic and certain specialty tires, to change the test pressure for the physical dimensions test for T-type tires (temporary use spare tires) from 52 pounds per square inch (psi) to 60 psi. This increase in test pressure for the physical dimensions test will marginally increase the stringency of the test and will align FMVSS No. 109 with international and voluntary consensus standards.
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; Emergency Rule Extension
Document Number: 2013-00936
Type: Rule
Date: 2013-01-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is extending the temporary rule that delayed or revised several portions of the Pacific Coast Groundfish Fishery Trawl Rationalization Program (program) regulations. This emergency rule extension is necessary to enable the National Marine Fisheries Service (NMFS) to comply with a court order requiring NMFS to reconsider the initial allocation of Pacific whiting (whiting) to the shorebased Individual Fishing Quota (IFQ) fishery and the at-sea mothership fishery. This extension of the temporary, emergency rule affects the transfer of Quota Share (QS) and Individual Bycatch Quota (IBQ) between QS accounts in the shorebased IFQ fishery, and severability in the mothership fishery, both of which will be delayed until NMFS can complete reconsideration of whiting allocations in the shorebased IFQ fishery and the at-sea mothership fishery.
Appliance Standards and Rulemaking Federal Advisory Committee (ASRAC)
Document Number: 2013-00931
Type: Proposed Rule
Date: 2013-01-17
Agency: Department of Energy
This document announces the first meeting of the Appliance Standards and Rulemaking Federal Advisory Committee (ASRAC). The Federal Advisory Committee Act, Public Law 92-463, 86 Stat. 770, requires that public notice of this meeting be announced in the Federal Register.
Radio Broadcasting Services; Peach Springs, AZ
Document Number: 2013-00921
Type: Proposed Rule
Date: 2013-01-17
Agency: Federal Communications Commission, Agencies and Commissions
This document sets forth a proposal to amend the FM Table of Allotments, Sec. 73.202(b) of the Commission's rules. The Commission requests comment on a petition filed by the Hualapai Tribe, proposing to amend the Table of Allotments by allotting Channel 265A at Peach Springs, Arizona, as a Tribal Allotment. Channel 265A would constitute a first tribal allotment and a second potential service at Peach Springs. Channel 265A can be allotted at Peach Springs, Arizona, in compliance with the Commission's minimum distance separation requirements at 35-33-17 NL and 113-23-41 WL. See Supplementary Information infra.
Increase in Fees for Voluntary Federal Dairy Grading and Inspection Services
Document Number: 2013-00916
Type: Proposed Rule
Date: 2013-01-17
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is proposing to increase the fees for voluntary Federal dairy grading and inspection services. The fee increases proposed are 15 percent during fiscal year (FY) 2013 and 5 percent during FY 2014. These fees were last adjusted in 2006. Dairy grading and inspection services are voluntary and are financed in their entirety through user fees assessed to participants using the program. Despite the adoption of technologies that have improved services, additional changes in operations that enhanced efficiencies, and reduced employee numbers, increases in salaries, technology investments, and general inflation have more than offset savings resulting in the need to increase fees. AMS estimates the proposed fee increase will result in an overall cost increase to the industry of less than $0.0004 per pound of dairy product graded. This increase is needed to avoid a reduction in the services offered that aid the dairy industry in effectively marketing their products.
Drawbridge Operation Regulation; Shark River, Avon, NJ
Document Number: 2013-00887
Type: Rule
Date: 2013-01-17
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has issued a temporary deviation from the operating schedule that governs the draws of two bridges which operate as one unit, specifically, the S71 bridge, mile 0.8 and the railroad bridge, mile 0.9 both of which are across the Shark River (South Channel), at Avon Township, NJ. This deviation is necessary to facilitate machinery replacement on the Shark River railroad bridge. This temporary deviation will allow the drawbridges, which operate in unison, to remain in the closed-to-navigation position on specific dates and times.
Drawbridge Operation Regulation; Snohomish River, Everett, WA
Document Number: 2013-00886
Type: Rule
Date: 2013-01-17
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has issued a temporary deviation from the operating schedules that govern the SR 529 Bridges across the Snohomish River, mile 3.6 near Everett, WA. This deviation is necessary to facilitate heavy maintenance and equipment upgrades on the bridges. This deviation allows the bridges to remain in the closed position during maintenance activities.
Microloan Operating Loans
Document Number: 2013-00672
Type: Rule
Date: 2013-01-17
Agency: Department of Agriculture, Farm Service Agency
The Farm Service Agency (FSA) is modifying Operating Loan (OL) application, eligibility, and security requirements for Microloans (ML) to better serve the unique operating needs of small family farm operations. The intended effect of this rule is to make the OL Program more widely available and attractive to small operators through reduced application requirements, more timely application processing, and added flexibility in meeting the managerial ability eligibility requirement. FSA is also removing provisions for the low documentation (Lo-Doc) application process for OLs from the existing direct loan regulations.
Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support
Document Number: 2013-00556
Type: Rule
Date: 2013-01-17
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) reconsiders and clarifies certain aspects of the USF/ICC Transformation Order, in response to various petitions for reconsideration and/or clarification. We grant in part petitions related to the financial reporting obligations of eligible telecommunications carriers (ETCs) that are privately held rate of return companies. This Order also provides additional guidance and clarifications regarding the standard and process for requests for waiver of our universal service reforms.
Retrievability, Cladding Integrity and Safe Handling of Spent Fuel at an Independent Spent Fuel Storage Installation and During Transportation
Document Number: 2013-00478
Type: Proposed Rule
Date: 2013-01-17
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The regulations for packaging and transport of spent nuclear fuel are separate from requirements for storage of spent nuclear fuel. Because these regulatory schemes are separate, there is no requirement that loaded storage casks also meet transportation requirements. Integration of storage and transport regulations could enable a more predictable transition from storage to transport by potentially minimizing future handling of spent fuel and uncertainty as to whether loaded storage casks may be transported from the storage location. As part of its evaluation of integration and compatibility between storage and transportation regulations, the U.S. Nuclear Regulatory Commission (NRC) staff is reviewing its policies, regulations, guidance, and technical needs in several key areas, such as: retrievability, cladding integrity, and safe handling of spent fuel; criticality safety features and requirements for spent fuel transportation; and aging management and qualification of dual-purpose canisters and components after long- term storage. The NRC staff is reviewing the potential policy issues and requirements related to retrievability, cladding integrity, and safe handling of spent fuel as the lead issue for evaluating compatibility of storage and transportation regulations. As part of its evaluation of integration and compatibility between NRC's storage regulations and transportation regulations, the NRC is issuing this request for comment (available in the NRC's Agencywide Documents Access and Management System (ADAMS) under Accession No. ML12293A434) as the staff begins its review of NRC policies, guidance, and technical needs related to retrievability, cladding integrity, and safe handling of spent fuel.
Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations
Document Number: 2012-31558
Type: Proposed Rule
Date: 2013-01-17
Agency: Federal Trade Commission, Agencies and Commissions
The Federal Trade Commission (``FTC'' or ``Commission'') has completed its regulatory review of the Trade Regulation Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations (``Cooling-Off Rule'' or ``Rule'') as part of the Commission's systematic review of all current Commission regulations and industry guides. The Rule makes it an unfair and deceptive act or practice for a seller engaged in a door-to-door sale of consumer goods or services, with a purchase price of $25 or more, to fail to provide the buyer with certain oral and written disclosures regarding the buyer's right to cancel the contract within three business days from the date of the sales transaction. Based on the comments received, the Commission has determined to retain the Rule. In addition, the Commission is soliciting public comment on a proposed increase in the $25 exclusionary limit identified in the Rule to account for inflation since the exclusionary limit was established.
Children's Online Privacy Protection Rule
Document Number: 2012-31341
Type: Rule
Date: 2013-01-17
Agency: Federal Trade Commission, Agencies and Commissions
The Commission amends the Children's Online Privacy Protection Rule (``COPPA Rule'' or ``Rule''), consistent with the requirements of the Children's Online Privacy Protection Act, to clarify the scope of the Rule and strengthen its protections for children's personal information, in light of changes in online technology since the Rule went into effect in April 2000. The final amended Rule includes modifications to the definitions of operator, personal information, and Web site or online service directed to children. The amended Rule also updates the requirements set forth in the notice, parental consent, confidentiality and security, and safe harbor provisions, and adds a new provision addressing data retention and deletion.
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