January 22, 2013 – Federal Register Recent Federal Regulation Documents

National Oil and Hazardous Substances Pollution Contingency Plan; Revision To Increase Public Availability of the Administrative Record File
Document Number: 2013-01191
Type: Rule
Date: 2013-01-22
Agency: Environmental Protection Agency
Because EPA received adverse comment, we are withdrawing the direct final rule for National Oil and Hazardous Substances Pollution Contingency Plan; Revision to Increase Public Availability of the Administrative Record File, published on November 7, 2012.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Trawl Gear in the Western Regulatory Area of the Gulf of Alaska
Document Number: 2013-01165
Type: Rule
Date: 2013-01-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by catcher/processors (C/Ps) using trawl gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2013 Pacific cod total allowable catch apportioned to C/Ps using trawl gear in the Western Regulatory Area of the GOA.
Rates for Interstate Inmate Calling Services
Document Number: 2013-01154
Type: Proposed Rule
Date: 2013-01-22
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) seeks comment on the inmate calling services industry and how to ensure just and reasonable rates for inmate calling services.
Safety Zone; Sellwood Bridge Move; Willamette River, Portland, OR
Document Number: 2013-01139
Type: Rule
Date: 2013-01-22
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing of a temporary safety zone around the Sellwood Bridge, located on the Willamette River in Portland, Oregon, while it is being relocated 66 feet downriver as part of the new Sellwood Bridge construction project. This action is necessary to ensure the safety of persons and vessels transiting the Willamette River in the vicinity of the Sellwood Bridge as it is being moved. This safety zone will also allow full maneuverability for construction operations in this area during the bridge movement operation. The safety zone will be effective for two days, but will only be enforced as long as is necessary to complete the bridge movement.
Proposed Modification of the Dallas/Fort Worth Class B Airspace Area; TX
Document Number: 2013-01118
Type: Proposed Rule
Date: 2013-01-22
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify the Dallas/Fort Worth, TX, Class B airspace area to ensure containment of large turbine-powered aircraft flying instrument procedures to and from the Dallas/Fort Worth International Airport (DFW) and Dallas Love Field Airport (DAL) within Class B airspace. The FAA is proposing these actions to further support its national airspace redesign goal of optimizing terminal and en route airspace areas to enhance safety, improving the flow of air traffic, and reducing the potential for near midair collision in the DFW terminal area.
Proposed Amendment of Area Navigation (RNAV) Route T-266; AK
Document Number: 2013-01115
Type: Proposed Rule
Date: 2013-01-22
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify low-altitude RNAV route T-266 in the state of Alaska by removing two non-directional beacons (NDB) as the navigation signal source and replacing them with RNAV waypoints. This action would enhance the safety and efficiency of the National Airspace System (NAS).
Approval, Disapproval and Promulgation of State Implementation Plans; State of Utah; Regional Haze Rule Requirements for Mandatory Class I Areas Under 40 CFR 51.309; Correction
Document Number: 2013-01081
Type: Rule
Date: 2013-01-22
Agency: Environmental Protection Agency
The EPA is supplementing the preamble to the final rule that appeared in the Federal Register on December 14, 2012. This final rule partially approved and partially disapproved a State Implementation Plan (SIP) revision submitted by the State of Utah on May 26, 2011 that addresses regional haze. The final rule preamble inadvertently did not include language pertaining to judicial review, and this document adds that language.
Records of Failed Insured Depository Institutions
Document Number: 2013-01080
Type: Proposed Rule
Date: 2013-01-22
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The FDIC is proposing a rule, with request for comments, that would implement section 11(d)(15)(D) of the Federal Deposit Insurance Act (12 U.S.C. 1821(d)(15)(D)). This statutory provision provides time frames for the retention of records of a failed insured depository institution. The proposed rule incorporates the statutory time frames and defines the term ``records.''
Amendment of Class D and Class E Airspace; Twentynine Palms, CA
Document Number: 2013-01071
Type: Rule
Date: 2013-01-22
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class D and Class E airspace at Twentynine Palms SELF Airport, Twentynine Palms, CA. This action changes the airport name formerly called Twentynine Palms Expeditionary Air Field (EAF), Marine Corps Base. This action also adjusts the geographic coordinates of the airport to enhance the safety and management of aircraft operations at Twentynine Palms SELF Airport, Twentynine Palms, CA. This action does not change the boundaries of the airspace.
Current Good Manufacturing Practice Requirements for Combination Products
Document Number: 2013-01068
Type: Rule
Date: 2013-01-22
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or Agency) is issuing this regulation on the current good manufacturing practice (CGMP) requirements applicable to combination products. This rule is intended to promote the public health by clarifying which CGMP requirements apply when drugs, devices, and biological products are combined to create combination products. In addition, the rule sets forth a transparent and streamlined regulatory framework for firms to use when demonstrating compliance with CGMP requirements for ``single-entity'' and ``co-packaged'' combination products.
Proposed Establishment of Area Navigation (RNAV) Routes; OR
Document Number: 2013-01067
Type: Proposed Rule
Date: 2013-01-22
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish two new low-altitude RNAV routes in the state of Oregon, designated T-302 and T-304. The routes would replace segments of an existing VHF Omnidirectional Range (VOR) Federal airway that will be removed due to the planned decommissioning of the Portland, OR, VOR/DME in 2013. This action would advance the implementation of RNAV and provide continued en route navigation guidance in the affected airspace.
Common Crop Insurance Regulations; Florida Citrus Fruit Crop Insurance Provisions; Correction
Document Number: 2013-01056
Type: Rule
Date: 2013-01-22
Agency: Department of Agriculture, Federal Crop Insurance Corporation
This document contains corrections to the final regulation that was published Friday, December 21, 2012 (74 FR 75509-75521). The regulation pertains to the insurance of Florida Citrus Fruit.
Capital, Margin, and Segregation Requirements for Security-Based Swap Dealers and Major Security-Based Swap Participants and Capital Requirements for Broker-Dealers
Document Number: 2013-01053
Type: Proposed Rule
Date: 2013-01-22
Agency: Securities and Exchange Commission, Agencies and Commissions
On November 23, 2012, the Securities and Exchange Commission (``Commission'') published in the Federal Register a proposed rule for public comment to establish capital, margin, and segregation requirements for security-based swap dealers and major security-based swap participants under the Securities Exchange Act of 1934 (``Exchange Act'') and amend capital requirements for broker-dealers. The Commission is extending the time period in which to provide the Commission with comments.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security; U.S. Customs and Border Protection; DHS/CBP-004-Intellectual Property Rights e-Recordation and Search Systems, System of Records
Document Number: 2013-01049
Type: Proposed Rule
Date: 2013-01-22
Agency: Department of Homeland Security, Office of the Secretary
The Department of Homeland Security is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/U.S. Customs and Border Protection; DHS/CBP-004-Intellectual Property Rights e- Recordation and Search Systems (IPRRSS), 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.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Alabama; Redesignation of the Birmingham 1997 Annual Fine Particulate Matter Nonattainment Area to Attainment
Document Number: 2013-00954
Type: Rule
Date: 2013-01-22
Agency: Environmental Protection Agency
EPA is taking final action to approve a request submitted on May 2, 2011, from the State of Alabama, through the Alabama Department of Environmental Management (ADEM), Air Division, to redesignate the Birmingham fine particulate matter (PM2.5) nonattainment area (hereafter referred to as the ``Birmingham Area'' or ``Area'') to attainment for the 1997 Annual PM2.5 national ambient air quality standards (NAAQS). The Birmingham 1997 Annual PM2.5 nonattainment area is comprised of Jefferson and Shelby Counties in their entireties and a portion of Walker County. EPA's approval of the redesignation request is based on the determination that the State of Alabama has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA or Act), including the determination that the Birmingham Area has attained the 1997 Annual PM2.5 NAAQS. Additionally, EPA is approving a revision to the Alabama state implementation plan (SIP) to include the 1997 Annual PM2.5 maintenance plan for the Birmingham Area that contains the new 2024 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and PM2.5. This action also approves the 2009 emissions inventory submitted with the maintenance plan.
Compliance and Enforcement
Document Number: 2013-00946
Type: Rule
Date: 2013-01-22
Agency: Department of the Interior, National Indian Gaming Commission
On August 9, 2012, the National Indian Gaming Commission (NIGC) published a final rule amending its enforcement regulation to include a graduated pre-enforcement process for voluntary compliance. That rule referenced a rule that was later withdrawn and also incorrectly referenced an internal citation. This publication corrects the error and makes technical amendments to reference the Commission's recently finalized appeal rules contained in a new subchapter.
Appeal Proceedings Before the Commission
Document Number: 2013-00941
Type: Proposed Rule
Date: 2013-01-22
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission (NIGC or Commission) proposes to revise its appeals rules to include, amongst the appealable actions, the Chair's decisions to approve or object to a tribal gaming regulatory authority's adoption of alternate standards from those required by the Commission's minimum internal control standards and/or technical standards.
Occupational Exposure to Hazardous Chemicals in Laboratories (Non-Mandatory Appendix); Technical Amendment
Document Number: 2013-00788
Type: Rule
Date: 2013-01-22
Agency: Department of Labor, Occupational Safety and Health Administration
This document updates a non-mandatory appendix in OSHA's Occupational Exposure to Hazardous Chemicals in Laboratories Standard. The non-mandatory appendix is being updated to include the contents of the latest National Academy of Sciences publication entitled, ``Prudent Practices in the Laboratory: Handling and Management of Chemical Hazards,'' 2011 edition. All revisions being made are minor and non- substantive.
Escrow Requirements Under the Truth in Lending Act (Regulation Z)
Document Number: 2013-00734
Type: Rule
Date: 2013-01-22
Agency: Bureau of Consumer Financial Protection
The Bureau of Consumer Financial Protection (Bureau) is publishing a final rule that amends Regulation Z (Truth in Lending) to implement certain amendments to the Truth in Lending Act made by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). Regulation Z currently requires creditors to establish escrow accounts for higher-priced mortgage loans secured by a first lien on a principal dwelling. The rule implements statutory changes made by the Dodd-Frank Act that lengthen the time for which a mandatory escrow account established for a higher-priced mortgage loan must be maintained. The rule also exempts certain transactions from the statute's escrow requirement. The primary exemption applies to mortgage transactions extended by creditors that operate predominantly in rural or underserved areas, originate a limited number of first-lien covered transactions, have assets below a certain threshold, and do not maintain escrow accounts on mortgage obligations they currently service.
Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Infrastructure and Interstate Transport Requirements for the 2006 PM2.5
Document Number: 2013-00731
Type: Rule
Date: 2013-01-22
Agency: Environmental Protection Agency
EPA is approving the submittal from the State of New Mexico pursuant to the Clean Air Act (CAA or Act) that addresses the infrastructure elements specified in the CAA necessary to implement, maintain, and enforce the 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or standard). The submittal addresses the infrastructure elements specified in the CAA necessary to implement, maintain and enforce the 2006 PM2.5 NAAQS. We find that the current New Mexico State Implementation Plan (SIP) contains the infrastructure elements for the 2006 PM2.5 NAAQS.
Approval and Promulgation of Implementation Plans; New Mexico; Revisions to the New Source Review (NSR) State Implementation Plan (SIP); Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) Permitting
Document Number: 2013-00729
Type: Rule
Date: 2013-01-22
Agency: Environmental Protection Agency
EPA is approving revisions to the New Mexico SIP to update the New Mexico NNSR and PSD SIP permitting programs consistent with federal requirements. EPA finds that these revisions to the New Mexico SIP meet the Federal Clean Air Act (the Act or CAA) and EPA regulations, and are consistent with EPA policies. New Mexico submitted the PSD and NNSR SIP permitting revisions in two SIP submittals on June 11, 2009 and May 23, 2011. EPA is finalizing this action under section 110 and parts C and D of the Act.
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Requirements for Determining General Conformity of Federal Actions to Applicable State Implementation Plans
Document Number: 2013-00710
Type: Rule
Date: 2013-01-22
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a revision to the West Virginia State Implementation Plan (SIP). The SIP revision consists of a legislative rule adopted by West Virginia to amend its prior general conformity rule for the purpose of incorporating revisions to Federal general conformity requirements established under rules promulgated by EPA in July of 2006 and in April of 2010. EPA is approving West Virginia's SIP revision to amend its general conformity SIP to comply with recent changes in Federal general conformity requirements. This rulemaking action is in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Requirements for Determining General Conformity of Federal Actions to Applicable State Implementation Plans
Document Number: 2013-00708
Type: Proposed Rule
Date: 2013-01-22
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of West Virginia for the purpose of amending the State's prior general conformity rule to incorporate the most recent changes to Federal general conformity requirements established under rules promulgated by the EPA in July of 2006 and in April of 2010. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because EPA views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rulemaking action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.
Medicaid, Children's Health Insurance Programs, and Exchanges: Essential Health Benefits in Alternative Benefit Plans, Eligibility Notices, Fair Hearing and Appeal Processes for Medicaid and Exchange Eligibility Appeals and Other Provisions Related to Eligibility and Enrollment for Exchanges, Medicaid and CHIP, and Medicaid Premiums and Cost Sharing
Document Number: 2013-00659
Type: Proposed Rule
Date: 2013-01-22
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Office of the Secretary
This proposed rule would implement provisions of the Patient Protection and Affordable Care Act of 2010 and the Health Care and Education Reconciliation Act of 2010 (collectively referred to as the Affordable Care Act), and the Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA). This proposed rule reflects new statutory eligibility provisions; proposes changes to provide states more flexibility to coordinate Medicaid and the Children's Health Insurance Program (CHIP) eligibility notices, appeals, and other related administrative procedures with similar procedures used by other health coverage programs authorized under the Affordable Care Act; modernizes and streamlines existing rules, eliminates obsolete rules, and updates provisions to reflect Medicaid eligibility pathways; revises the rules relating to the substitution of coverage to improve the coordination of CHIP coverage with other coverage; implements other CHIPRA eligibility-related provisions, including eligibility for newborns whose mothers were eligible for and receiving Medicaid or CHIP coverage at the time of birth; amends certain provisions included in the ``State Flexibility for Medicaid Benefit Packages'' final rule published on April 30, 2010; and implements specific provisions including eligibility appeals, notices, and verification of eligibility for qualifying coverage in an eligible employer-sponsored plan for Affordable Insurance Exchanges. This rule also proposes to update and simplify the complex Medicaid premiums and cost sharing requirements, to promote the most effective use of services, and to assist states in identifying cost sharing flexibilities.
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