January 2013 – Federal Register Recent Federal Regulation Documents

This document makes a technical correction to the proposed rule published in the January 22, 2013 Federal Register entitled ``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.'' The proposed rule provided for the close of the comment period to be February 13, 2013, whereas the close of the comment period was intended to be February 21, 2013. This document makes this technical correction.

This action proposes to modify the Nashville International Airport, TN, Class C airspace area by removing a cutout from the surface area that was put in place to accommodate operations around an airport that is now permanently closed. The FAA is proposing this action to return the Class C airspace area to the standard configuration and enable more efficient operations at the Nashville International Airport.

This action proposes to amend Class E Airspace at Griffin, GA, as the Griffin Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures (SIAPs) have been developed at Griffin-Spalding County Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.

This notice announces a public teleconference to share with the public results of recent FAA sponsored testing of nitrous oxide (N2O) characteristics. Nitrous oxide is an important oxidizer to developers of some commercial reusable launch vehicles. A potential hazard in nitrous oxide storage and handling is a Boiling Liquid Expanding Vapor Explosion (BLEVE), which results from a sudden loss of pressure in a tank containing nitrous oxide stored under pressure above its normal boiling point. The FAA's Office of Commercial Space Transportation sponsored tests of liquid-phase nitrous oxide at NASA's White Sands Test Facility to empirically determine the superheat limit temperature for nitrous oxide, and to demonstrate that a BLEVE would not occur if the liquid is maintained at temperatures below this superheat limit temperature. Meeting Information: The teleconference is scheduled for Thursday, February 28, 2013, from 1:00-2:30 p.m. Eastern Standard Time. The presentation and call-in number will be posted one week in advance at https://www.ast.faa.gov/.

The Federal Aviation Administration is requesting public comment on the Bi-County Board of Commissioners of Luzerne and Lackawanna Counties request to release airport property and granting right-of-way easements for use by the Pennsylvania Department of Transportation (PennDOT) to construct an access roadway and required drainage facilities. The request consists of a permanent release of land (16.037 acres) for the roadway construction, a right-of-way drainage easement (0.2 acre) for the highway, and a right-of-way easement (0.183 acre) for the substitute sewer (supersedes previous easement) for the Lower Lackawanna Valley Sanitary Authority. The parcel is located in the Borough of DuPont and Pittstown Township, Luzerne County within the existing Wilkes-Barre/Scranton International Airport property and consists of three areas. The first area is located southeast of the northbound off ramp (exit 178A) of Interstate 81 near its intersection with Terminal Road (SR 2059) to Navy Way Road then along the Navy Way Road alignment south to the Lidy Road intersection with Gedrich Street containing approximately 8 +/- acres. The second area is located southeast of Laurel Lane and extends southeast under the Wilkes-Barre/Scranton International Airport approach light towers and the wooded area to the Pennsylvania Turnpike Northeast Extension containing approximately 8 +/- acres. The third area is located northwest of Campbell Street along Interstate 81 and the pedestrian bridge over Interstate 81 containing approximately 0.26 +/- acres. This release request is for the purpose of permitting the Airport Owner to sell and convey title of 16.037 acres for public roadway, 0.20 acres for a drainage easement associated with the highway and 0.183 acres for a substitute sewer easement displaced due to the public road for a total of 16.42 acres. The Wilkes-Barre/Scranton International Airport will receive fair market value from the sale of the land. Areas impacted are not needed for aeronautical use for current or foreseeable future aeronautical activities. Documents reflecting the Sponsor's request are available, by appointment only, for inspection at the Airport Managers office and the FAA Harrisburg Airport District Office.

We are proposing to amend the fruits and vegetables regulations to allow the importation into the United States of fresh apricots from continental Spain. As a condition of entry, fresh apricots from continental Spain would have to be produced in accordance with a systems approach that would include registration of production locations and packinghouses, pest monitoring, sanitary practices, chemical and biological controls, and phytosanitary treatment. The fruit would also have to be imported in commercial consignments, with each consignment identified throughout its movement from place of production to port of entry in the United States. Consignments would have to be accompanied by a phytosanitary certificate issued by the national plant protection organization of Spain certifying that the fruit is free from all quarantine pests and has been produced in accordance with the systems approach. This proposed rule would allow for the importation of fresh apricots from continental Spain into the United States while continuing to provide protection against the introduction of quarantine pests.

NMFS issues this final rule to implement management measures described in Amendment 38 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico (Gulf) Fishery Management Council (Council). This final rule modifies post-season accountability measures (AMs) that affect the recreational harvest of shallow-water grouper species (SWG), changes the trigger for recreational sector AMs for gag and red grouper, and revises the Gulf reef fish framework procedure. The intent of this final rule is to achieve optimum yield (OY) while ensuring the Gulf reef fish fishery resources are utilized efficiently.

This document announces the withdrawal of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities. The petitions were either withdrawn voluntarily by the petitioners or administratively by the Agency.

NMFS proposes regulations to implement Amendment 41 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). If approved, these regulations will amend the Bering Sea/ Aleutian Islands Crab Rationalization Program (CR Program) by establishing a process whereby holders of regionally designated individual fishing quota (IFQ) and individual processor quota (IPQ) in six CR Program fisheries may receive an exemption from regional delivery requirements in the North or South Region. The six CR Program fisheries are Bristol Bay red king crab, Bering Sea snow crab, Saint Matthew Island blue king crab, Eastern Aleutian Islands golden king crab, Western Aleutian Islands red king crab, and Pribilof Islands red and blue king crab. Current regulations require that a portion of crab harvested in these fisheries be delivered and processed within the boundaries of the North or South Region. This action is necessary to mitigate disruptions in a CR Program fishery that prevent participants from complying with regional delivery requirements. This proposed action is intended to promote the goals and objectives of the Magnuson- Stevens Fishery Conservation and Management Act, the FMP, and other applicable law.

The FAA is issuing this notice to advise the public of the Seventy Fifth meeting of RTCA Special Committee 147, Minimum Operational Performance Standards for Traffic Alert and Collision Avoidance Systems Airborne Equipment.

The National Marine Fisheries Service (NMFS) announces its intent to prepare a Supplemental Draft Environmental Impact Statement (DEIS) that would include an analysis of the environmental impacts of issuing Marine Mammal Protection Act (MMPA) Incidental Take Authorizations (ITAs) to the oil and gas industry for the taking of marine mammals incidental to offshore exploration activities (e.g., seismic surveys and exploratory drilling) in Federal and state waters of the U.S. Chukchi and Beaufort Seas off Alaska. The Department of the Interior's Bureau of Ocean Energy Management (BOEM) and the North Slope Borough are cooperating agencies on this EIS. The Environmental Protection Agency is serving as a consulting agency, and NMFS is coordinating with the Alaska Eskimo Whaling Commission pursuant to our co-management agreement under the MMPA.

Federal Investigative Services (FIS), U.S. Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on a new information collection request (ICR), Office of Management and Budget (OMB) Control No. 3206-0150, for the Fingerprint Chart Standard Form 87 (SF 87). As required by the Paperwork Reduction Act of 1995, (Pub. L. 104-13, 44 U.S.C. chapter 35) as amended by the Clinger-Cohen Act (Pub. L. 104-106), OPM is soliciting comments for this collection. The Office of Management and Budget (OMB) is particularly interested in comments that: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.

The Deputy Secretary of State has determined, pursuant to authority delegated by the Secretary of State, that it is in the national interests of the United States to waive the prohibitions described in section 3(a) of the Burmese Freedom and Democracy Act of 2003 (Pub. L. 108-61), as amended (``BFDA''), which requires the President to prohibit the importation of any article that is a product of Burma into the United States, and which the President implemented in section 3 of Executive Order 13310 (July 28, 2003). In conjunction with this waiver determination, the Department of the Treasury's Office of Foreign Assets Control issued General License (No. 18) on November 16, 2012 authorizing imports into the United States of any article that is a product of Burma, subject to limitations set forth therein. This step is in the national interest of the United States because it supports those in the Burmese government that have instituted important reforms since early 2011 and encourages the government to make further progress. The waiver of the import ban responds to the Government of Burma's continued reforms and efforts to address U.S. core concerns, including the release of political prisoners, and other steps on human rights and national reconciliation.

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, announces plans to submit an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). The ICR is for extending the use of the approved information collection assigned OMB control number 0990-0220, which expires on July 31, 2013. Prior to submitting that ICR to OMB, OS seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.