March 4, 2013 – Federal Register Recent Federal Regulation Documents

Endangered and Threatened Wildlife and Plants; Reinstatement of Removal of the Virginia Northern Flying Squirrel From the List of Endangered and Threatened Wildlife
Document Number: 2013-04932
Type: Rule
Date: 2013-03-04
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are issuing this final rule to comply with a court order that has the effect of reinstating the removal of the Virginia northern flying squirrel (Glaucomys sabrinus fuscus) from the List of Endangered and Threatened Wildlife under the Endangered Species Act of 1973 (ESA), as amended. Pursuant to the District of Columbia District Court of Appeals order dated August 17, 2012, and mandate dated November 13, 2012, this rule again removes the Virginia northern flying squirrel from the List of Endangered and Threatened Wildlife.
Maximum Interest Rates on Guaranteed Farm Loans
Document Number: 2013-04930
Type: Rule
Date: 2013-03-04
Agency: Department of Agriculture, Farm Service Agency
The Farm Service Agency (FSA) is issuing this interim rule amending the regulations that specify interest rates on guaranteed farm loans. This rule will tie the maximum interest rate that may be charged on FSA guaranteed farm loans to nationally published indices, specifically the 3-month London Interbank Offered Rate (LIBOR) or the 5-year Treasury note rate, unless the lender uses a formal written risk-based pricing practice for loans, in which case the rate must be at least one risk tier lower than the borrower would receive without the guarantee. These provisions are intended to increase clarity and specificity in the maximum rate requirements, while at the same time setting rates that will work in current credit market conditions.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the Southern Atlantic States; Amendment 9
Document Number: 2013-04918
Type: Proposed Rule
Date: 2013-03-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The South Atlantic Fishery Management Council (Council) has submitted Amendment 9 (Amendment 9) to the Fishery Management Plan for the Shrimp Fishery of the South Atlantic Region (FMP) for review, approval, and implementation by NMFS. Amendment 9 would revise the criteria and procedures by which South Atlantic states may request a concurrent closure of the penaeid shrimp (brown, pink, and white shrimp) commercial sector in the exclusive economic zone (EEZ) in order to protect overwintering white shrimp. Amendment 9 would also update the current overfished and overfishing status determination criteria for pink shrimp.
Migratory Bird Hunting; Revision of Language for Approval of Nontoxic Shot for Use in Waterfowl Hunting
Document Number: 2013-04906
Type: Proposed Rule
Date: 2013-03-04
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, propose to revise our regulations regarding the approval of nontoxic shot types to make the regulations easier to understand. The language governing determination of Expected Environmental Concentrations (EECs) in terrestrial and aquatic ecosystems is altered to make clear the shot size and number of shot to be used in calculating the EECs. We propose to specify the pH levels to be used in calculating the EEC in water. We also propose to move the requirement for in vitro testing to Tier 1, which will allow us to better assess applications and minimize the need for Tier 2 applications. We propose to add language for withdrawal of alloys that have been demonstrated to have detrimental environmental or biological effects, or for which no suitable field-testing device is available. We expect these changes to reduce the time required for nontoxic shot approvals. Finally, we propose to charge fees to cover our costs in evaluating these applications.
Proposed Establishment of the Moon Mountain District Sonoma County Viticultural Area
Document Number: 2013-04905
Type: Proposed Rule
Date: 2013-03-04
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the approximately 17,663-acre ``Moon Mountain District Sonoma County'' viticultural area in Sonoma County, California. The proposed viticultural area lies completely within the established Sonoma Valley viticultural area which, in turn, is within the multi-county North Coast viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on this proposed addition to its regulations.
Airworthiness Directives; Airbus Airplanes
Document Number: 2013-04903
Type: Proposed Rule
Date: 2013-03-04
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A318-112, A319-111, A319-112, A319-115, A319-132, and A319-133 airplanes. This proposed AD was prompted by a report that a fastener, which connects the cargo door keel beam foot to the circumferential butt-strap and the section 13-14 lower shell panel, was not installed on airplanes during production. This proposed AD would require inspecting forward fuselage frame 24, stringer 39, right hand, to determine if the fastener is missing; measuring the hole dimensions of the five holes surrounding the missing fastener if necessary; and related investigative and corrective actions if necessary. We are proposing this AD to detect and correct the missing fastener, which could result in reduced structural integrity of the airplane.
Medical Devices; Exemption From Premarket Notification; Class II Devices; Wheelchair Elevator
Document Number: 2013-04899
Type: Rule
Date: 2013-03-04
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is publishing an order granting a petition requesting exemption from premarket notification requirements for wheelchair elevator devices commonly known as inclined platform lifts and vertical platform lifts. These devices are used to provide a means for a person with a mobility impairment caused by injury or other disease to move from one level to another, usually in a wheelchair. This order exempts wheelchair elevators, class II devices, from premarket notification and establishes conditions for exemption for this device that will provide a reasonable assurance of the safety and effectiveness of the device without submission of a premarket notification (510(k)). This exemption from 510(k), subject to these conditions, is immediately in effect for wheelchair elevators. All other devices classified under FDA's wheelchair elevator regulations, including attendant-operated stair climbing devices for wheelchairs and portable platform lifts, continue to require submission of 510(k)s. FDA is publishing this order in accordance with the section of the Food, Drug, and Cosmetic Act (the FD&C Act) permitting the exemption of a device from the requirement to submit a 510(k).
Medical Devices; Exemption From Premarket Notification; Class II Devices; Powered Patient Transport
Document Number: 2013-04897
Type: Rule
Date: 2013-03-04
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is publishing an order granting a petition requesting exemption from premarket notification requirements for powered patient transport devices commonly known as stairway chair lifts. These devices are used to assist in the transfer of a person with a mobility impairment caused by injury or other disease up and down flights of stairs. This order exempts stairway chair lifts, class II devices, from premarket notification and establishes conditions for exemption for this device that will provide a reasonable assurance of the safety and effectiveness of the device without submission of a premarket notification (510(k)). This exemption from 510(k), subject to these conditions, is immediately in effect for stairway chair lifts. All other devices classified under FDA's powered patient transport regulations, including attendant-operated portable stair-climbing chairs (which are different from wheelchairs) continue to require submission of 510(k)s. FDA is publishing this order in accordance with the section of the Food, Drug, and Cosmetic Act (the FD&C Act) permitting the exemption of a device from the requirement to submit a 510(k).
Proposed Establishment of Class E Airspace; Cherokee, WY
Document Number: 2013-04890
Type: Proposed Rule
Date: 2013-03-04
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E Airspace at the Cherokee VHF Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME) navigation aid, Cherokee, WY to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Denver and Salt Lake City Air Route Traffic Control Centers (ARTCCs). The FAA is proposing this action to enhance the safety and management of aircraft operations within the National Airspace System.
Proposed Amendment of Class D Airspace; El Monte, CA
Document Number: 2013-04886
Type: Proposed Rule
Date: 2013-03-04
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class D Airspace at El Monte Airport, El Monte, CA. This action, initiated by the biennial review of the El Monte Airspace Area, would amend the Class D Airspace to accommodate departures and arrivals, while enhancing the safety and management of aircraft arriving and departing under Instrument Flight Rule (IFR) operations at El Monte Airport.
Energy Efficiency Program for Commercial and Industrial Equipment: Public Meeting and Availability of the Framework Document for Packaged Terminal Air Conditioners and Packaged Terminal Heat Pumps; Correction
Document Number: 2013-04878
Type: Proposed Rule
Date: 2013-03-04
Agency: Department of Energy
The U.S. Department of Energy (DOE) published a notice in the Federal Register on February 22, 2013, concerning an announcement of a public meeting and availability of the framework document for packaged terminal air conditioners and heat pumps. This document corrects the date of the public meeting.
Use of Materials Derived From Cattle in Human Food and Cosmetics; Reopening of the Comment Period
Document Number: 2013-04869
Type: Rule
Date: 2013-03-04
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or ``we'') is reopening the comment period for the interim final rule entitled ``Use of Materials Derived From Cattle in Human Food and Cosmetics'' that published in the Federal Register of July 14, 2004 (69 FR 42256). The interim final rule prohibited the use of certain cattle material to address the potential risk of bovine spongiform encephalopathy (BSE) in human food, including dietary supplements, and cosmetics. In the Federal Register of September 7, 2005 (70 FR 53063), we amended the interim final rule to make changes, including providing that the small intestine of cattle, formerly prohibited cattle material, could be used in human food and cosmetics if the distal ileum was removed by a specified procedure or one that the establishment could demonstrate is equally effective in ensuring complete removal of the distal ileum. Since 2005, peer-reviewed studies have been published showing the presence of infectivity in the proximal ileum, jejunum, ileocecal junction, and colon of cattle with BSE. Therefore, we are reopening the comment period for the interim final rule to give interested parties an opportunity to comment on the new studies concerning infectivity in parts of the small intestine other than the distal ileum.
Vessel Documentation Renewal Fees
Document Number: 2013-04866
Type: Proposed Rule
Date: 2013-03-04
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to amend its regulations to separately list an annual fee for renewals of endorsements upon the Certificate of Documentation. The Coast Guard is required to establish user fees for services related to the documentation of vessels. This proposed rule would separately list a fee of $26 to cover the current costs of the vessel documentation services provided by the Coast Guard.
Special Conditions: Embraer S.A., Model EMB-550 Airplanes; Flight Envelope Protection: Pitch and Roll Limiting Functions
Document Number: 2013-04855
Type: Rule
Date: 2013-03-04
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Embraer S.A. Model EMB-550 airplane. This airplane will have a novel or unusual design feature associated with pitch and roll limiting functions, specifically an electronic flight control system which contains fly-by-wire control laws, including envelope protections. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Special Conditions: Embraer S.A., Model EMB-550 Airplanes; Electrical/Electronic Equipment Bay Fire Detection and Smoke Penetration
Document Number: 2013-04854
Type: Rule
Date: 2013-03-04
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Embraer S.A. Model EMB-550 airplane. This airplane will have novel or unusual design features, specifically distributed electrical and electronic equipment bays in pressurized areas of the airplane. Older transport category airplane electrical/electronic equipment bay installations are located in the lower lobe where the flight crew could determine the origin of smoke or fire by a straightforward airplane flight manual procedure. In distributed electrical/electronic bay installations it is not as straightforward. The FAA has no requirement for smoke and/or fire detection in the electrical/electronic equipment bays. To ensure effective mitigation of fires, the FAA proposes these special conditions. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Financial Market Utilities
Document Number: 2013-04841
Type: Proposed Rule
Date: 2013-03-04
Agency: Federal Reserve System, Agencies and Commissions
Section 806(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act'' or ``Act'') permits the Board of Governors of the Federal Reserve System (the ``Board'') to authorize a Federal Reserve Bank to establish and maintain an account for, and through the account provide certain financial services to, financial market utilities (``FMUs'') that are designated as systemically important by the Financial Stability Oversight Council (the ``Council''). In addition, section 806(c) of the Dodd-Frank Act permits a Reserve Bank to pay interest on the balances maintained by or on behalf of a designated FMU. The Board is proposing to add two new sections to Part 234 of Title 12 of the Code of Federal Regulations to implement these provisions of the Dodd-Frank Act.
Health Insurance Providers Fee
Document Number: 2013-04836
Type: Proposed Rule
Date: 2013-03-04
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations that provide guidance on the annual fee imposed on covered entities engaged in the business of providing health insurance for United States health risks. This fee is imposed by section 9010 of the Patient Protection and Affordable Care Act, as amended. The regulations affect persons engaged in the business of providing health insurance for United States health risks.
Television Broadcasting Services; Seaford, Delaware and Dover, Delaware
Document Number: 2013-04832
Type: Proposed Rule
Date: 2013-03-04
Agency: Federal Communications Commission, Agencies and Commissions
The Commission has before it a petition for rulemaking filed by Western Pacific Broadcast, LLC (``Western Pacific''), the permittee of unbuilt station WMDE(TV), Channel 5, Seaford, Delaware, requesting an amendment of the DTV Table of Allotments to delete Channel 5 at Seaford and substitute Channel 5 at Dover, Delaware. Western Pacific further requests modification of WMDE(TV)'s construction permit to specify Dover, Delaware as the station's community license and seeks a waiver of the Commission's freeze on the filing of petitions for rulemaking by televisions stations seeking to change their community of license. Western Pacific asserts that its proposal to reallot Channel 5 to Dover is based on the technical specifications currently authorized for WMDE(TV), and therefore the new allotment will be mutually exclusive with the station's existing allotment. Western Pacific further states that its proposal meets the Commission's allotment priorities by providing Dover with its first local television service, and that Seaford will remain well-served after the reallotment because full-power noncommercial station WDPB(TV), Channel *44, will remain licensed to that community. Therefore, Western Pacific submits that this rulemaking will serve the public interest.
Courts of Indian Offenses
Document Number: 2013-04824
Type: Rule
Date: 2013-03-04
Agency: Department of the Interior, Bureau of Indian Affairs
This interim final rule adds two Indian tribes to the list of tribes with Courts of Indian Offenses (also known as CFR Courts), and deletes five tribes from those under the jurisdiction of CFR Courts. The two tribes to be added are Skull Valley Band of Goshute Indians and the Seneca-Cayuga Tribe. The tribes to be removed from the list are the Seminole Nation, the Miami Tribe, the Choctaw Nation of Oklahoma, the Wyandotte Tribe, and the Quapaw Tribe.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; the 2002 Base Year Emissions Inventory for the Delaware Portion of the Philadelphia Nonattainment Area for the 1997 Annual Fine Particulate Matter National Ambient Air Quality Standard
Document Number: 2013-04810
Type: Rule
Date: 2013-03-04
Agency: Environmental Protection Agency
EPA is approving a revision to the Delaware State Implementation Plan (SIP) submitted by the State of Delaware, through the Delaware Department of Natural Resources and Environmental Control (DNREC) on April 3, 2008. The SIP revision pertains to the 2002 base year emissions inventory for the Delaware portion of the Philadelphia- Wilmington, Pennsylvania-New Jersey-Delaware (PA-NJ-DE) nonattainment area. The 2002 base year emissions inventory was submitted to meet nonattainment requirements related to the Delaware nonattainment area for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). EPA is approving the 2002 base year emissions inventory in accordance with the requirements of the Clean Air Act (CAA).
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2013-04574
Type: Rule
Date: 2013-03-04
Agency: Federal Aviation Administration, Department of Transportation
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.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2013-04571
Type: Rule
Date: 2013-03-04
Agency: Federal Aviation Administration, Department of Transportation
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.
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