February 2013 – Federal Register Recent Federal Regulation Documents

This rule would increase the assessment rate established for the South Texas Onion Committee (Committee) for the 2012-13 and subsequent fiscal periods from $0.025 to $0.03 per 50-pound equivalent of onions handled. The Committee locally administers the marketing order which regulates the handling of onions grown in South Texas. Assessments upon onion handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

Data used for comparison with the lead (Pb) national ambient air quality standards (NAAQS), must be collected using either a Federal Reference Method (FRM) or a Federal Equivalent Method (FEM) as defined in the Code of Federal Regulations (CFR). The EPA is proposing to establish a new FRM for measuring Pb in total suspended particulate matter (TSP) collected from ambient air. The proposed method is intended for use by analytical laboratories performing the analysis of Pb in TSP to support data collection for the Pb NAAQS. The EPA is also proposing to make the existing FRM for Pb a new FEM, and retain currently designated FEMs. This proposed action avoids any disruption to existing Pb monitoring networks and data collection and would also not affect the FRM for TSP sample collection (High-Volume Method).

In this document, the Commission adopts interim rules prohibiting all referrals for rewards programs (as described in the synopsis below) and any other form of direct or indirect inducements, financial or otherwise, to subscribe to or use, or encourage subscription to or use of, Internet Protocol Captioned Telephone Service (IP CTS); requiring each IP CTS provider, as a precondition to providing service to new IP CTS users, to register each new IP CTS user, to obtain from the user, as part of the registration process, self-certification that the user has a hearing loss that necessitates IP CTS to communicate in a manner that is functionally equivalent to communication by conventional voice telephone users, and where the consumer accepts IP CTS equipment at a price below $75 from any source other than a governmental program, to also obtain from the user a certification from an independent, third party professional attesting to the same; and requiring IP CTS providers to ensure that equipment and software used in conjunction with their service have a default setting of captions off at the beginning of each call, so that the consumer must take an affirmative step to turn on the captions each time the consumer wishes to use IP CTS. The Commission's action is intended to address certain practices related to the provision and marketing of IP CTS that appear to be contributing to a recent and dramatic spike in reimbursement requests to the Interstate Telecommunications Relay Service Fund (TRS Fund or Fund), of sufficient magnitude to constitute a serious threat to the Fund if not promptly and decisively addressed.

This action amends Class D and Class E airspace and removes Class E airspace in the Tri-Cities, TN, area, to accommodate the new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Tri-Cities Regional Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System. This action also updates the geographic coordinates, airport name, and airspace designation. Also, this action corrects errors in the Class E descriptor.

This document contains final regulations relating to the tax treatment of noncompensatory options and convertible instruments issued by a partnership. The final regulations generally provide that the exercise of a noncompensatory option does not cause the recognition of immediate income or loss by either the issuing partnership or the option holder. The final regulations also modify the regulations under section 704(b) regarding the maintenance of the partners' capital accounts and the determination of the partners' distributive shares of partnership items. The final regulations also contain a characterization rule providing that the holder of a noncompensatory option is treated as a partner under certain circumstances. The final regulations will affect partnerships that issue noncompensatory options, the partners of such partnerships, and the holders of such options.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the August 16, 2012, proposed endangered status for six west Texas aquatic invertebrate species under the Endangered Species Act of 1973, as amended (Act). We also announce the reopening of comment on the August 16, 2012, proposed designation of critical habitat for the six west Texas aquatic invertebrate species and the availability of a draft economic analysis of the proposed designation and amended required determinations in the proposed rule. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rules, the associated draft economic analysis, and the amended required determinations. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rules.

The Environmental Protection Agency (EPA) is proposing a source-specific federal implementation plan (FIP) requiring the Navajo Generating Station (NGS), located on the Navajo Nation, to reduce emissions of oxides of nitrogen (NOX) under the Best Available Retrofit Technology (BART) provision of the Clean Air Act (CAA or Act) in order to reduce visibility impairment resulting from NGS at 11 National Parks and Wilderness Areas. NGS, which was built over 35 years ago, is the largest coal-fired power plant in the West in terms of generating capacity. It is central to the economies of the Navajo Nation and Hopi Tribe and supplies power to the states of Arizona, Nevada, and California. Electricity produced by NGS is also used to power the Central Arizona Project, which supplies surface water to three counties and numerous Indian tribes in Arizona. NGS is projected to continue operating at least until 2044. EPA is proposing to require NGS to achieve a nearly 80 percent reduction of its current overall NOX emission rate. Our analysis indicates that installation of controls to achieve this reduction would result in significant visibility improvement that is well-balanced with the cost of those controls. For a number of reasons, including the importance of NGS to numerous Indian tribes located in Arizona and the federal government's reliance on NGS to meet the requirements of water settlements with several tribes, EPA is proposing an alternative to BART that would provide flexibility to NGS in the schedule for the installation of new control equipment. We also describe other compliance schedules for consideration and comment. We recognize that there may be other approaches that could result in equivalent or better visibility benefits over time and that there may be changes in energy demand, supply or other developments over the next several decades that may change electricity generation on the Navajo Nation. EPA encourages a robust public discussion of our proposed BART determination and alternative, the additional alternatives described herein, and other possible approaches. EPA is prepared to issue a supplemental proposal if approaches other than the proposed BART determination or proposed alternative articulated in this notice are identified as satisfying the requirements of the Clean Air Act and meeting the needs of the stakeholders. EPA is committed to continuing to engage with stakeholders to develop a final FIP that maintains benefits to tribes and the regional economy while improving visibility in many of our nation's most treasured National Parks and Wilderness Areas.

EPA is extending the public comment period for a proposed rule published in the Federal Register on December 21, 2012, with a former deadline for comments of February 4, 2013. The new deadline of March 6, 2013, will provide an additional 30 days for a total of 75 days to comment on our proposal. The proposal is to approve in part and disapprove in part a revision to Arizona's State Implementation Plan (SIP) to implement the regional haze program for the first planning period through 2018. The proposal includes all portions of the State's regional haze SIP except for three electric generating stations that were addressed in a final rule published on December 5, 2012.

On April 4, 2012, the State of Georgia, through the Georgia Environmental Protection Division (GA EPD), submitted a request for EPA to redesignate the Atlanta, Georgia 8-hour ozone nonattainment area (hereafter referred to as the ``Atlanta Area'' or ``Area'') to attainment for the 1997 8-hour National Ambient Air Quality Standards (NAAQS); and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the Area. The Atlanta Area consists of Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding and Walton Counties in their entireties. EPA is proposing to approve the redesignation request for the Area, along with the related SIP revision, including Georgia's plan for maintaining attainment of the 1997 8-hour ozone standard in the Area. EPA is also proposing to approve the motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOC) for the year 2024 for the Area. These actions are being proposed pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.

The Legal Services Corporation (``Corporation'') is required by law to establish maximum income levels for individuals eligible for legal assistance. This document updates the specified income levels to reflect the annual amendments to the Federal Poverty Guidelines as issued by the Department of Health and Human Services.

The Coast Guard is establishing a temporary safety zone on the St. Lucie Canal, Palm City, Florida to provide for the safety of life and vessels on a narrow waterway during bridge construction for the Indian Street Bridge. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Miami or a designated representative.

We are adopting a new airworthiness directive (AD) for Bell Helicopter Textron, Inc. (Bell), Model 412 and 412EP helicopters. This AD requires creating a component history card or equivalent record and begin counting and recording the number of accumulated landings for each high aft crosstube assembly (crosstube). Also, this AD requires installing ``caution'' decals regarding towing of a helicopter at or above 8,900 pounds. This AD also requires confirming the crosstube is within the horizontal deflection limits and replacing it if it is not. This AD also requires a recurring fluorescent penetrant inspection (FPI) of each crosstube and upper center support for a crack, any corrosion, nick, scratch, dent, or any other damage. This AD requires repairing damaged crosstubes and upper center supports that are within acceptable limits, reworking crosstubes by bonding on abrasion strips, and replacing each unairworthy crosstube with an airworthy crosstube. This AD was prompted by analysis of the crosstubes conducted as a result of recent field failures and corrosion problems of the affected crosstubes. The actions are intended to prevent failure of a crosstube, collapse of the landing gear, and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model AS350B3 and EC130B4 helicopters. This AD requires revising the Limitations section of the Rotorcraft Flight Manual (RFM) to reduce the starter generator operating current to 180 amperes (amps) and installing a placard in the instrument panel indicating the revised limitation. This AD was prompted by the determination that the manufacturer-installed Aircraft Parts Corporation (APC) starter generator has exceeded the shaft horse power extractions allowed for Turbomeca engines. The actions of this AD are intended to prevent the engine surge margin being reduced, which can result in engine failure.

We are revising the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving impairments that affect multiple body systems in adults and children under titles II and XVI of the Social Security Act (Act). The revisions reflect our program experience and address adjudicator questions we have received since we last comprehensively revised this body system in 2005. We do not expect any decisional differences due to the revisions in this body system.

We propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving genitourinary disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect our program experience, advances in methods of evaluating genitourinary disorders, and comments we received in response to an advance notice of proposed rulemaking (ANPRM).

We are adopting a new airworthiness directive (AD) for certain Piper Aircraft, Inc. (type certificate previously held by The New Piper Aircraft Inc.) PA-28, PA-32, PA-34, and PA-44 airplanes. This AD was prompted by reports of control cable assembly failures that may lead to failure of the horizontal stabilator control system and could result in loss of pitch control. This AD requires inspections of the stabilator control system and replacement of parts as necessary. We are issuing this AD to correct the unsafe condition on these products.

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

We, the U.S. Fish and Wildlife Service (Service), propose to remove the island night lizard (Xantusia riversiana) from the Federal List of Endangered and Threatened Wildlife. This action is based on a review of the best available scientific and commercial information, which indicates that the species no longer meets the definition of endangered species or threatened species under the Endangered Species Act of 1973, as amended (Act). This proposed rule, if made final, would remove the island night lizard as a threatened species from the List of Endangered and Threatened Wildlife. This document also constitutes our 12-month finding on a petition to remove the island night lizard from the Federal List of Endangered and Threatened Wildlife.

The U.S. Department of Energy (DOE) proposes to revise its test procedures for microwave ovens established under the Energy Policy and Conservation Act. The proposed amendments would add provisions for measuring the active mode energy use for microwave ovens, including both microwave-only ovens and convection microwave ovens. Specifically, DOE is proposing provisions for measuring the energy use of the microwave-only cooking mode for both microwave-only ovens and convection microwave ovens based on the testing methods in the latest draft version of the International Electrotechnical Commission Standard 60705, ``Household microwave ovensMethods for measuring performance.'' DOE is proposing provisions for measuring the energy use of the convection-only cooking mode for convection microwave ovens based on the DOE test procedure for conventional ovens in our regulations. DOE is also proposing to calculate the energy use of the convection-microwave cooking mode for convection microwave ovens by apportioning the microwave-only mode and convection-only mode energy consumption measurements based on typical consumer use.

We, the U.S. Fish and Wildlife Service, propose to list the distinct population segment of the North American wolverine occurring in the contiguous United States, as a threatened species under the Endangered Species Act. If we finalize this rule as proposed, it would extend the Act's protections to this species. The effect of this regulation is to add the distinct population segment of the North American wolverine occurring in the contiguous United States to the List of Endangered and Threatened Wildlife in our regulations. We also propose a special rule under section 4(d) of the Act to apply the specific prohibitions of the Act necessary to protect the wolverine. We find that critical habitat is not determinable at this time. The Service seeks data and comments from the public on this proposed listing rule, the proposed special rule under section 4(d) of the Act, and our finding that the designation of critical habitat for the species is not determinable at this time.

We propose to adopt a new airworthiness directive (AD) for the Eurocopter Deutschland GmbH (Eurocopter) Model MBB-BK 117 C-2 helicopters. This proposed AD would require changing the direction of the bolt connecting the upper clevis bolt of a specific bellcrank in the main rotor assembly, repetitively inspecting the bearings in the bellcrank assemblies for correct staking, and replacing a bellcrank if a bearing is staked incorrectly. This proposed AD is prompted by improperly staked bellcrank bearings, which may cause the bellcrank to shift in the axial direction and cause chafing. The proposed actions are intended to prevent contact between the bolts on certain main rotor bellcranks, which could result in chafing and subsequent loss of control of the helicopter.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's Wireless Backhaul Second Report and Order (R&O), Facilitating the Use of Microwave for Wireless Backhaul and Other Uses and Providing Additional Flexibility to Broadcast Auxiliary Service and Operational Fixed Microwave Licensees. This notice is consistent with the R&O, which stated that the Commission would publish a document in the Federal Register announcing the effective date of the Rural Microwave Flexibility Policy.

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-pyrrolidone, 1-ethenyl-, polymer with ethenol; when used as an inert ingredient in a pesticide formulation. Sekisui Specialty Chemicals America, LLC submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-pyrrolidone, 1-ethenyl-, polymer with ethenol on food or feed commodities.

This notice requests comments from facility owners and operators, State and local law enforcement agencies, port authorities, relevant security industry participants, and all other interested members of the public regarding how to best implement Section 822 of the Coast Guard Authorization Act of 2010. In particular, this notice discusses the Coast Guard's preliminary thoughts on how owners or operators of certain facilities might make their Facility Vulnerability Assessments available to certain law enforcement agencies and port authorities, and integrate their facility security systems with compatible systems operated or maintained by certain law enforcement agencies and the Coast Guard.

NMFS increases the trip limit in the commercial sector for king mackerel in the Florida east coast subzone to 75 fish per day in or from the exclusive economic zone (EEZ). This trip limit increase is necessary to maximize the socioeconomic benefits of the quota.