February 2013 – Federal Register Recent Federal Regulation Documents

We are adopting a new airworthiness directive (AD) for all Dassault Aviation Model Mystere-Falcon 50 airplanes. This AD was prompted by a manufacturer revision to the airplane maintenance manual (AMM) that introduces new or more restrictive maintenance requirements and airworthiness limitations. This AD requires revising the maintenance program to incorporate new or revised maintenance requirements and airworthiness limitations. We are issuing this AD to prevent reduced structural integrity of the airplane.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A, CL-601-3R, & CL-604 Variants) airplanes. This AD was prompted by reports of cracking found on the upper and lower Web of the engine support beam. This AD requires revising the maintenance program. We are issuing this AD to detect and correct fatigue cracking of the engine support beam, which could result in failure of the engine support beam and affect the structural integrity of the airplane.

We are adopting a new airworthiness directive (AD) for certain Lindstrand Hot Air Balloons Ltd female ACME threaded hose connectors, part numbers HS6139 and HS6144, installed on balloons. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 insufficient tightness of the threaded hose connector in the assembly area that could result in fuel leakage. We are issuing this AD to require actions to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for certain Hawker Beechcraft Corporation (Type Certificate previously held by Raytheon Aircraft Company; Beech Aircraft Corporation) Model 400A airplanes. This AD was prompted by a report that the wiring for the 5- volt direct current (DC) system is undersized and does not have adequate circuit protection for the smaller gauge wire. This AD requires installing an in-line fuse in the 5-volt DC system for each of the five instrument lighting control power supplies. We are issuing this AD to prevent failure of the wiring, which could result in smoke in the cockpit, loss of cockpit lighting, and potential damage to surrounding wiring for other cockpit equipment such as the stick shaker function or angle-of-attack indicators.

We are superseding an existing airworthiness directive (AD) for Eurocopter France (Eurocopter) Model EC 155B, EC155B1, SA-365N1, AS-365N2 and AS 365 N3 helicopters. That AD currently requires inspecting certain tail rotor hubs (TRH) for a crack and removing any cracked TRH. This AD requires the same actions but adds more part numbers to the list of affected TRHs. This AD is prompted by further analysis that indicates that additional part-numbered TRHs must be inspected for cracks. The actions specified by this AD are intended to detect a crack in the TRH and prevent the tail rotor from jamming, which could lead to reduced or loss of control of the helicopter.

On July 18, 2012, the EPA proposed amendments to the National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and the Standards of Performance for Portland Cement Plants. This final action amends the national emission standards for hazardous air pollutants for the Portland cement industry. The EPA is also promulgating amendments with respect to issues on which it granted reconsideration on May 17, 2011. In addition, the EPA is amending the new source performance standard for particulate matter. These amendments promote flexibility, reduce costs, ease compliance and preserve health benefits. The amendments also address the remand of the national emission standards for hazardous air pollutants for the Portland cement industry by the United States Court of Appeals for the District of Columbia Circuit on December 9, 2011. Finally, the EPA is setting the date for compliance with the existing source national emission standards for hazardous air pollutants to be September 9, 2015.

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

In this document, the Federal Communications Commission (Commission) modifies its rules for Vehicle-Mounted Earth Stations (VMES) in order to promote greater flexibility for VMES operators, which, in turn, should enable the VMES industry to create more spectrally-efficient broadband solutions in the Ku-band without causing harmful interference to Fixed-Satellite Service (FSS) providers and without exposing the general public to harmful radiofrequency radiation.

The U.S. Department of Energy (DOE) is initiating the rulemaking and data collection process to consider amending the energy conservation standards for residential boilers. This rulemaking will satisfy the statutory requirement for DOE to conduct a second round of energy conservation standards rulemaking for residential boilers, and it will also fulfill DOE's statutory obligation to review energy conservation standards within six years after issuance of any final rule establishing or amending a standard to determine whether such standards should be amended. After concluding its initial review of the available information and public comments, DOE will publish either a notice of the determination that standards do not need to be amended, or a notice of proposed rulemaking including new proposed standards. To inform interested parties and to facilitate this process, DOE has prepared a Framework Document that details the analytical approach and scope of coverage for the rulemaking, and identifies several issues on which DOE is particularly interested in receiving comments. DOE will hold a public meeting to discuss and receive comments on its planned analytical approach and issues it will address in this rulemaking proceeding. DOE welcomes written comments and relevant data from the public on any subject within the scope of this rulemaking. A copy of the Framework Document is available at: https://www1.eere.energy.gov/ buildings/appliancestandards/residential/furnacesboilers.html .

We propose to adopt a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model AS350 and AS355 helicopters, to require inspecting for a crack in the control lever attachment yokes, and if needed, replacing the tail rotor gearbox (TGB). This proposed AD is prompted by improper casting of TGB casing assemblies, which may lead to cracking. A crack in the control lever attachment yokes could cause a loss of tail rotor pitch control, and consequently, loss of control of the helicopter.

This rule invites comments on reestablishing the membership on the Colorado Potato Administrative Committee, Area No. 2 (Committee). The Committee locally administers the marketing order regulating the handling of Irish potatoes grown in Colorado. This rule would modify the Committee membership structure by amending the position allocated to a producer from Conejos County. Beginning with the 2013-2014 term of office, such designated Committee position would be allocated to an eligible producer operating in either Conejos or Costilla County. This action is expected to improve Committee representation for producers from this sub-region of the production area.

This rule revises the administrative rules prescribed under the marketing order regulating the handling of spearmint oil produced in the Far West. The marketing order is administered locally by the Spearmint Oil Administrative Committee (Committee). This rule changes the date by which a producer must transfer excess spearmint oil to another producer, or deliver such oil to the Committee or its designees for storage, from November 1 to December 1. This rule also changes the date that the Committee must pool identified excess oil as reserve oil from November 1 to December 1. The changes are a relaxation of the handling regulations and are expected to benefit producers, handlers, and consumers.

The U.S. Coast Guard has issued a temporary deviation from the operating schedule that governs the operation of the Cape Fear River Memorial Bridge, across the Cape Fear River, mile 26.8, at Wilmington, NC. The deviation is necessary to restrict the operation of the draw span to facilitate the bi-annual trunnion inspection.

The U.S. Coast Guard has issued a temporary deviation from the regulation governing the operation of the General Edwards Bridge, mile 1.7, across the Saugus River between Lynn and Revere, Massachusetts. The deviation is necessary to facilitate architectural rehabilitation of the bridge towers. This deviation allows the bridge to remain in the closed position to allow scaffolding be attached to the bascule lift span to access work area.

Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

EPA is taking direct final action to approve revisions to the State of Maryland State Implementation Plan (SIP). The revisions pertain to adoption through incorporation by reference of the national ambient air quality standards (NAAQS) by the State of Maryland. EPA is approving these revisions that adopt the NAAQS for ozone (O3), sulfur dioxide (SO2), nitrogen dioxide (NO2), lead (Pb), particulate matter (PM) and carbon monoxide (CO) as well as the relevant reference and equivalent monitoring methods through incorporation by reference into the Code of Maryland regulations (COMAR) on an ``as amended'' basis which will prospectively incorporate all future revisions and additions to the NAAQS in accordance with the requirements of the Clean Air Act (CAA).

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Maryland for the purpose of adopting through incorporation by reference the national ambient air quality standards (NAAQS). 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 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.

In this document, the Commission affirms, modifies, and clarifies its actions in response to various petitions for reconsideration and/or clarification. The revised rules are intended to enable Wireless Communications Service (WCS) licensees to deploy broadband services in the 2305-2320 MHz and 2345-2360 MHz (2.3 GHz) WCS bands while continuing to protect Satellite Digital Audio Radio Service (SDARS) operator Sirius XM Radio Inc. (Sirius XM) and aeronautical mobile telemetry (AMT) operations in adjacent bands and the deep space network (DSN) earth station in Goldstone, California from harmful interference. In addition, the revised rules will facilitate the flexible deployment and operation of SDARS terrestrial repeaters in the 2320-2345 MHz SDARS band, while protecting adjacent bands WCS licensees from harmful interference.

The National Endowment for the Humanities (NEH) is unilaterally rescinding its joint Freedom of Information Act (FOIA) regulations with the National Endowment for the Arts (NEA) and the Institute of Museum and Library Services (IMLS), and issuing its own FOIA regulations. The new regulations provide the NEH's proposed procedures for disclosure of its records, as required by the FOIA, 5 U.S.C. 552, as amended. These regulations also provide the proposed procedures for disclosing records of the Federal Council on the Arts and the Humanities (FCAH), an agency for which NEH provides legal counsel.

The Federal Housing Finance Agency (FHFA) proposes a regulation governing the production of FHFA records, information or employee testimony in connection with legal proceedings in which neither the United States, nor FHFA is a party. This proposed rule would establish requirements and procedures for demanding or requesting parties to submit demands or requests, and factors for FHFA to consider in determining whether FHFA employees will provide records, information or testimony relating to their official duties. FHFA's desirable intent is to standardize practices, promote uniformity in decisions, preserve the ability of FHFA to conduct agency business, protect confidential information, provide guidance to demanding or requesting parties, minimize involvement in matters unrelated to the agency missions and programs of FHFA, avoid wasteful allocation of agency resources, and preclude spending public time and money for private purposes.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-300, 747-400, 747-400D, and 747SP series airplanes. This proposed AD was prompted by reports of worn or incorrectly assembled latches on main deck escape slides installed on airplane doors. This proposed AD would require determining if the latches are correctly assembled; and corrective actions if necessary. This proposed AD also would require, for certain airplanes, modifications to the escape slide/rafts and escape slides. We are proposing this AD to prevent a latch hook moving from closed to open in an escape slide/raft or escape slide, which could result in the escape slide/raft or escape slide not deploying correctly in an emergency, or releasing/inflating into the passenger cabin and causing injury to passengers and crew.

NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters) length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the A season apportionment of the 2013 total allowable catch of Pacific cod to be harvested.

The Food and Drug Administration (FDA) is proposing to classify the eyelid weight into class II (special controls). The eyelid weight may be adhered to the outer skin of the upper eyelid (external eyelid weight) or implanted into the upper eyelid (implantable eyelid weight), and is intended for the gravity assisted treatment of lagophthalmos (incomplete eyelid closure). FDA is also giving notice of its intent to exempt the external eyelid weight device from the premarket notification requirements of the Federal Food, Drug, and Cosmetic Act (FD&C Act). After considering public comments on the proposed classification, FDA will publish a final regulation classifying this device type.

EPA is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the Maryland Department of the Environment (MDE) pertaining to the F. Keeler Company Boiler at Mount Saint Mary's College. This revision removes the Mount Saint Mary's College 1979 Consent Order (1979 Consent Order) from the Maryland SIP because the coal-fired F. Keeler Boiler has been modified by removing the coal-firing capability and converting the boiler to fire natural gas with No. 2 fuel oil as backup. EPA is approving this SIP revision because the 1979 Consent Order is no longer required as the modified gas-fired unit can comply with all visible emission and particulate requirements in the Maryland SIP, and this 1979 Consent Order is no longer required to satisfy any applicable Federal regulations or the Clean Air Act (CAA). This action is being taken under the CAA.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Maryland Department of the Environment (MDE) for the purpose of removing Mount Saint Mary's College 1979 Consent Order from the Maryland SIP. 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 rulemaking action should do so at this time.