January 18, 2013 – Federal Register Recent Federal Regulation Documents

Inflation Adjustment of Civil Money Penalty Amounts
Document Number: 2013-01070
Type: Rule
Date: 2013-01-18
Agency: Department of Housing and Urban Development
This final rule amends HUD's civil money penalty and civil penalty regulations by making inflation adjustments that are required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) (FCPIA Act). The FCPIA Act mandates the adjustments and the formula used to calculate them. Also in this final rule, HUD is taking the opportunity to update an outdated cross-reference in its civil money penalty regulations.
Manufactured Home Construction and Safety Standards, Test Procedures for Roof Trusses
Document Number: 2013-01066
Type: Rule
Date: 2013-01-18
Agency: Department of Housing and Urban Development
This final rule amends the roof truss testing procedures in the Federal Manufactured Home Construction and Safety Standards by adopting certain recommendations made by the Manufactured Home Consensus Committee (MHCC), as modified by HUD. Pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, HUD published a recommendation submitted by MHCC to revise the existing roof truss testing procedures in 2003. In response to public comments, HUD returned the proposal to MHCC for further evaluation. After further consideration, MHCC submitted to HUD an amended version of its original proposal on roof truss testing. HUD was in agreement with the majority of MHCC's revised recommendations on roof truss testing which were published as a proposed rule on June 16, 2010. Many of MHCC's recommendations are included in this final rule. HUD identifies MHCC's proposals that were not accepted, or that were modified in light of public comments received or upon further evaluation, and provides its reasons for not accepting or for modifying these proposed revisions.
Labeling of Pesticide Products and Devices for Export; Clarification of Requirements
Document Number: 2013-01055
Type: Rule
Date: 2013-01-18
Agency: Environmental Protection Agency
EPA is revising the regulations on the labeling of pesticide products and devices intended solely for export. Specifically, EPA is restructuring the current regulations to clarify which provisions apply under various circumstances. EPA is also increasing specificity in the regulations by requiring that people who transfer unregistered pesticide products between registered establishments operated by the same producer within the United States must also comply with the requirements of this part if those products are intended solely for export at the time of such transfer. EPA believes that this requirement is necessary to ensure appropriate handling of such products as they move in commerce before they actually leave the United States.
Connect America Fund
Document Number: 2013-01048
Type: Proposed Rule
Date: 2013-01-18
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission seeks comment on procedures to determine what areas are eligible for Connect America Phase II funding and how carriers may elect to accept or decline a statewide commitment in Connect America Phase II.
Radio Broadcasting Services; Hebbronville, TX
Document Number: 2013-01046
Type: Rule
Date: 2013-01-18
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division, at the request of Charles Crawford, substitutes Channel 282A for vacant Channel 232A at Hebbronville, Texas. The purpose of the proposed channel substitution at Hebbronville is to accommodate the hybrid application, File No. BNPH-20070502ADP, which requests the substitution of Channel 232A for Channel 282A at Benavides, Texas, and modification of the new FM station. Channel 282A can be allotted to Hebbronville consistent with the minimum distance separation requirements of the Rules with a site restriction 11 kilometers (6.8 miles) northwest of the community. The reference coordinates for Channel 282A are 27-23-18 NL and 98-44-26 WL. Channel 282A at Hebbronville is located 320 kilometers from the Mexican Border. Although Mexican concurrence has been requested, notification has not been received. If a construction permit for Channel 282A at Hebbronville, Texas is granted prior to receipt of formal concurrence by the Mexican government, the authorization will include the following condition: ``Operation with the facilities specified herein for Hebbronville, Texas, is subject to modification, suspension, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the Mexico-United States FM Broadcast Agreement, or if specifically objected to by the Government of Mexico.''
Critical Parts for Airplane Propellers
Document Number: 2013-01041
Type: Rule
Date: 2013-01-18
Agency: Federal Aviation Administration, Department of Transportation
The Federal Aviation Administration (FAA) is amending the airworthiness standards for airplane propellers. This action would require a safety analysis to identify a propeller critical part. Manufacturers would identify propeller critical parts, and establish engineering, manufacturing, and maintenance processes for propeller critical parts. These new requirements provide an added margin of safety for the continued airworthiness of propeller critical parts by requiring a system of processes to identify and manage these parts throughout their service life. This rule would eliminate regulatory differences between part 35 and European Aviation Safety Agency (EASA) propeller critical parts requirements, thereby simplifying airworthiness approvals for exports.
Effective Date of Requirement for Premarket Approval for Two Class III Preamendments Devices
Document Number: 2013-01006
Type: Proposed Rule
Date: 2013-01-18
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is proposing to require the filing of a premarket approval application (PMA) or a notice of completion of a product development protocol (PDP) for the following two class III preamendments devices: Hip joint metal/metal semi- constrained, with a cemented acetabular component, prosthesis; and hip joint metal/metal semi-constrained, with an uncemented acetabular component, prosthesis. The Agency is also summarizing its proposed findings regarding the degree of risk of illness or injury designed to be eliminated or reduced by requiring the devices to meet the statute's approval requirements and the benefits to the public from the use of the devices. In addition, FDA is announcing the opportunity for interested persons to request that the Agency change the classification of any of the aforementioned devices based on new information. This action implements certain statutory requirements.
Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters
Document Number: 2013-01004
Type: Proposed Rule
Date: 2013-01-18
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for Eurocopter Deutschland GmbH (Eurocopter) Model MBB-BK 117 C-2 helicopters. This proposed AD would require determining if a certain serial-numbered bevel gear is installed in the tailrotor intermediate gear box (IGB). If such a bevel gear is installed in the IGB, this AD would require recording the bevel gear's reduced life limit in the Airworthiness Limitations section of the maintenance manual and on the component history card or equivalent IGB record. If the bevel gear's life limit has been reached or exceeded, this AD would require, before further flight, replacing the bevel gear with an airworthy bevel gear. This proposed AD is prompted by the discovery that the tooth foot fillets in certain bevel gears fell below the minimum dimensions required in the design documents to ensure safe functioning of the bevel gear until reaching its approved life limit. The proposed actions are intended to prevent failure of a bevel gear before reaching its currently approved life limit, failure of the IGB, and subsequent loss of helicopter control.
Airworthiness Directives; Cessna Aircraft Company Airplanes
Document Number: 2013-01000
Type: Proposed Rule
Date: 2013-01-18
Agency: Federal Aviation Administration, Department of Transportation
This document withdraws a Notice of Proposed Rulemaking (NPRM) that would have applied to certain Cessna Aircraft Company Models 172RG, R182, TR182, FR182, 210N, T210N, 210R, T210R, P210N, P210R, and T303 airplanes. The proposed airworthiness directive (AD) would have required you to inspect the aircraft's hydraulic power pack wiring for incorrect installation, and if needed, correct the installation. Since issuance of the NPRM, the FAA has re-evaluated this airworthiness concern and determined that an unsafe condition does not exist that would warrant AD action. This withdrawal does not prevent the FAA from initiating future rulemaking on this subject.
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway and Biscayne Bay, Miami, FL
Document Number: 2013-00972
Type: Rule
Date: 2013-01-18
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has issued temporary deviations from the regulations governing the operation of the following two bridges in Miami, Florida: The Venetian Causeway Bridge (West), mile 1088.6, across the Atlantic Intracoastal Waterway; and the Venetian Causeway Bridge (East), across Biscayne Bay. The deviations are necessary due to the high volume of vessel and vehicle traffic anticipated during the Miami International Boat Show, which will be held in Miami Beach, Florida from February 11, 2013, through February 19, 2013. These deviations will result in the bridges opening to navigation on the hour and half-hour before, during, and after the Miami International Boat Show.
Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL
Document Number: 2013-00970
Type: Rule
Date: 2013-01-18
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce a segment of the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, Calumet-Saganashkee Channel on all waters of the Chicago Sanitary and Ship Canal from Mile Marker 296.1 to Mile Marker 296.7 at various times on February 12 through February 15, 2013. This action is necessary to protect the waterways, waterway users, and vessels from hazards associated with the U.S. Army Corps of Engineers Electromagnetic Fields evaluation operations. During any of the below listed enforcement periods, entry into, transiting, mooring, laying-up or anchoring within the enforced area of this safety zone by any person or vessel is prohibited unless authorized by the Captain of the Port, Sector Lake Michigan, or his or her designated representative.
Request for Comment on Enforcement Process
Document Number: 2013-00959
Type: Proposed Rule
Date: 2013-01-18
Agency: Federal Election Commission, Agencies and Commissions
The Federal Election Commission is requesting comment on certain aspects of its enforcement process. First and foremost, the Commission welcomes public comment on whether this agency is doing an effective job in enforcing the Act and Commission regulations. Additionally, the Commission is currently reviewing and seeks public comment on: Its policies, practices, and procedures during the enforcement process stage set forth in 2 U.S.C. 437g(a)(1), prior to the Commission's determination of whether there is ``reason to believe'' that a person has committed, or is about to commit, a violation of the Federal Election Campaign Act of 1971, as amended, 2 U.S.C. 431 et seq. (``FECA'' or ``the Act'') and/or the Commission's implementing regulations; and the Commission's authority under 2 U.S.C. 437g(a)(5) to seek civil penalties from respondents pursuant to a finding of ``probable cause to believe'' that a respondent has violated the Act and/or Commission regulations, as well as the Commission's practice of seeking civil penalties prior to a finding of probable cause.
Energy Conservation Program: Test Procedures for Microwave Ovens
Document Number: 2013-00917
Type: Rule
Date: 2013-01-18
Agency: Department of Energy
On November 23, 2011, the U.S. Department of Energy (DOE) issued a supplemental notice of proposed rulemaking (SNOPR) to amend the test procedures for microwave ovens. That SNOPR proposed amendments to the DOE test procedure to incorporate provisions from the International Electrotechnical Commission (IEC) Standard 62301, ``Household electrical appliancesMeasurement of standby power,'' Edition 2.0 2011-01 (IEC Standard 62301 (Second Edition)). DOE published a second SNOPR on May 16, 2012, proposing additional provisions for measuring the standby mode and off mode energy use of products that combine a microwave oven with other appliance functionality, as well as minor technical clarifications. Those proposed rulemakings serve as the basis for today's action. DOE is issuing a final rule amending the DOE test procedure to incorporate by reference the proposed provisions from IEC Standard 62301 (Second Edition) and the technical clarifications. DOE is not amending the test procedure at this time to measure the energy consumption of products that combine microwave ovens with other appliance functionality, but may consider such amendments in a future rulemaking.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2013-00897
Type: Rule
Date: 2013-01-18
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 757-200, -200PF, and -200CB series airplanes powered by Rolls-Royce engines. That AD currently requires repetitive inspections of the shim installation between the drag brace fitting vertical flange and bulkhead, and repair if necessary; for certain airplanes, an inspection for cracking of the four critical fastener holes in the horizontal flange, and repair if necessary; and, for airplanes without conclusive records of previous inspections, performing the existing actions. This new AD reduces the repetitive inspection interval; adds repetitive detailed inspections for cracking of the bulkhead, and repair if necessary; allows an extension of the repetitive intervals for certain airplanes by also doing repetitive ultrasonic inspections for cracking of the bulkhead, and repair if necessary; and provides an option for a high frequency eddy current inspection for cracking of the critical fastener holes, and repair if necessary. This action also adds a terminating action for certain repetitive inspections. This AD was prompted by reports of loose fasteners and cracks at the joint common to the aft torque bulkhead and strut-to-diagonal brace fitting, and one report of such damage occurring less than 3,000 flight cycles after the last inspection. We are issuing this AD to detect and correct cracks, loose and broken bolts, and shim migration in the joint between the aft torque bulkhead and the strut-to-diagonal brace fitting, which could result in damage to the strut and consequent separation of the strut and engine from the airplane.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2013-00895
Type: Rule
Date: 2013-01-18
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-100, 747-200B, 747-200C, 747-200F, 747- 300, 747-400, 747-400F, and 747SR series airplanes. This AD was prompted by reports of broken and damaged latch pin retention bolts and subsequent migration of the latch pins of the main deck side cargo door (MDSCD). This AD requires various repetitive inspections of the MDSCD latch pin fittings, measuring the latch pin, and related investigative and corrective actions if necessary. This AD also requires modifying the latch pin fittings and installing new latch pins and latch pin fasteners. We are issuing this AD to prevent loss of the cargo door and rapid depressurization of the airplane.
Airworthiness Directives; PILATUS Aircraft Ltd. Airplanes
Document Number: 2013-00894
Type: Rule
Date: 2013-01-18
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for PILATUS Aircraft Ltd. Model PC-7 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the 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 engine mount fittings caused by stress corrosion. We are issuing this AD to require actions to address the unsafe condition on these products.
Prompt Corrective Action, Requirements for Insurance, and Promulgation of NCUA Rules and Regulations
Document Number: 2013-00864
Type: Rule
Date: 2013-01-18
Agency: National Credit Union Administration, Agencies and Commissions
The NCUA Board (Board) is issuing a final rule to amend Interpretive Ruling and Policy Statement (IRPS) 87-2, as amended by IRPS 03-2, and two NCUA regulations that apply asset thresholds to grant relief from risk-based net worth and interest rate risk requirements. The amended IRPS increases the asset threshold that identifies credit unions to which NCUA will give more robust consideration of regulatory relief in future rulemakings. The amended regulations similarly include increased asset thresholds, granting immediate and prospective relief from existing regulatory burden to a larger group of small credit unions.
Definition of Troubled Condition
Document Number: 2013-00863
Type: Rule
Date: 2013-01-18
Agency: National Credit Union Administration, Agencies and Commissions
The NCUA Board (Board) is issuing a final rule amending the definition of ``troubled condition'' as that term is used to trigger the statutory requirement to give the Board notice and an opportunity to disapprove a change of credit union officials, and as that term appears elsewhere in NCUA's regulations. Generally, the current definition allows only a state supervisory authority (SSA) to declare a federally insured, state-chartered credit union (FISCU) to be in ``troubled condition.'' The final rule amends the definition to allow either NCUA or an SSA to declare a FISCU in ``troubled condition.'' NCUA is adopting the amended definition of ``troubled condition'' as proposed.
Treasury Tax and Loan Depositaries; Depositaries and Financial Agents of the Government
Document Number: 2013-00861
Type: Rule
Date: 2013-01-18
Agency: National Credit Union Administration, Agencies and Commissions
The NCUA Board (Board) is making technical amendments to NCUA's regulation regarding share insurance on various kinds of treasury accounts. The technical amendments conform the regulation to changes made to NCUA's standard maximum share insurance amount (SMSIA) by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). Specifically, the Dodd-Frank Act increased the SMSIA from $100,000 to $250,000.
Designation of Low-Income Status; Acceptance of Secondary Capital Accounts by Low-Income Designated Credit Unions
Document Number: 2013-00859
Type: Rule
Date: 2013-01-18
Agency: National Credit Union Administration, Agencies and Commissions
The NCUA Board (Board) is amending its low-income credit unions regulation by extending the time period in which a federal credit union (FCU) may accept a low-income designation. Under the current rule, an FCU that receives notice from NCUA of its eligibility for a low-income designation has 30 days to notify NCUA in writing that it wishes to accept the designation. The final rule extends an FCU's response time from 30 days to 90 days to make certain an FCU has adequate time to respond. The final rule also makes minor, nonsubstantive technical amendments to NCUA's requirements for insurance regulation to reflect current agency practice.
Extension of Comment Period for the Rulemaking Enhancing Protections Afforded Customers and Customer Funds Held by Futures Commission Merchants and Derivatives Clearing Organizations
Document Number: 2013-00820
Type: Proposed Rule
Date: 2013-01-18
Agency: Commodity Futures Trading Commission, Agencies and Commissions
On November 14, 2012, the Commodity Futures Trading Commission (``Commission'') published in the Federal Register a notice of proposed rulemaking (the ``Customer Protection Proposal'') \1\ to adopt new regulations and amend existing regulations to require enhanced customer protections, risk management programs, internal monitoring and controls, capital and liquidity standards, customer disclosures, and auditing and examination programs for futures commission merchants (``FCMs''). The Customer Protection Proposal also addressed certain related issues concerning derivatives clearing organizations (``DCOs'') and chief compliance officers (``CCOs''). In order to provide interested parties with an additional opportunity to comment on the Customer Protection Proposal, the Commission is extending the comment period for the Customer Protection Proposal.
Setting and Adjusting Patent Fees
Document Number: 2013-00819
Type: Rule
Date: 2013-01-18
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office or USPTO) sets or adjusts patent fees in this rulemaking as authorized by the Leahy-Smith America Invents Act (Act or AIA). The fees will provide the Office with a sufficient amount of aggregate revenue to recover its aggregate cost of patent operations, while helping the Office implement a sustainable funding model, reduce the current patent application backlog, decrease patent application pendency, improve patent quality, and upgrade the Office's patent business information technology (IT) capability and infrastructure. The fees also will further key policy considerations. The Office also reduces fees for micro entities under section 10(b) of the Act by 75 percent in this rulemaking and extends the existing fee discount of 50 percent for small entities to additional fees in this rulemaking.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Customs and Border Protection-002 Global Enrollment System (GES), System of Records
Document Number: 2013-00800
Type: Proposed Rule
Date: 2013-01-18
Agency: Department of Homeland Security, Office of the Secretary
The Department of Homeland Security is giving concurrent notice of an updated and reissued system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/U.S. Customs and Border Protection002 Global Enrollment System (GES), System of Records'' and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Endangered and Threatened Wildlife and Plants; Proposed Establishment of a Nonessential Experimental Population of Wood Bison in Alaska
Document Number: 2013-00692
Type: Proposed Rule
Date: 2013-01-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), in cooperation with the State of Alaska, propose to establish a nonessential experimental population of wood bison in central Alaska, in accordance with section 10(j) of the Endangered Species Act of 1973, as amended. This proposal, if made final, would also establish provisions under which wood bison in Alaska would be managed. We are seeking comments on this proposal and on our draft environmental assessment, prepared pursuant to the National Environmental Policy Act of 1969, as amended, which analyzes the potential environmental impacts associated with the proposed reintroduction.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2013-00563
Type: Rule
Date: 2013-01-18
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-300, 737-400, 737-500, and 757-200 series airplanes. This AD was prompted by a report of damage caused by electrical arcing to the wires that connect seat electronics boxes (SEBs). This AD requires installing a new relay and doing certain wiring changes of the entertainment control switch. We are issuing this AD to prevent power from being supplied to passenger seats when the entertainment control switch is in the OFF position, which could cause an electrical shock hazard resulting in serious or fatal injury to maintenance personnel.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2013-00559
Type: Rule
Date: 2013-01-18
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes; and certain Model 757-200, -200PF, and -300 series airplanes. That AD currently requires replacing the control switches of the forward, aft, and nose cargo doors of Model 747 airplanes; and requires replacing the control switches of cargo doors 1 and 2 of Model 757 series airplanes. This new AD adds airplanes to the applicability and revises the initial compliance times for those airplanes. This AD was prompted by reports of problems associated with the uncommanded operation of cargo doors. We are issuing this AD to prevent injuries to persons and damage to the airplane and equipment.
Approval and Promulgation of State Implementation Plans; State of Utah; Smoke Management Requirements for Mandatory Class I Areas
Document Number: 2013-00362
Type: Rule
Date: 2013-01-18
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Utah on September 29, 2011. The September 29, 2011 revision establishes rule R307-204 of the Utah Administrative Code (UAC). R307-204 contains smoke management requirements for land managers within the State of Utah as required by the regulations for regional haze (RH). The September 29, 2011 submittal supersedes and replaces R307-204 submitted as part of the State's December 12, 2003 RH SIP. The September 29, 2011 submittal also supersedes and replaces the State's May 8, 2006 submittal of R307-204. EPA is also partially approving a SIP revision submitted by the State of Utah on May 26, 2011. Specifically, EPA is proposing to approve section XX.G of the State's RH SIP, which contains the State's long-term strategy for fire programs as required by the RH regulations. The May 26, 2011 submittal supersedes and replaces SIP revisions to section XX.G of the RH SIP submitted by the State on December 12, 2003 and September 9, 2008. This action is being taken under section 110 of the Clean Air Act (CAA).
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