March 7, 2013 – Federal Register Recent Federal Regulation Documents

EPA is taking final action to approve in part, conditionally approve in part, and disapprove in part, the July 17, 2012, State Implementation Plan (SIP) submission provided by the Commonwealth of Kentucky, through the Division of Air Quality (DAQ) of the Kentucky Energy and Environment Cabinet. Kentucky DAQ submitted the July 17, 2012, SIP submission as a replacement to its original September 8, 2009, SIP submission. Specifically, this final rulemaking pertains to the Clean Air Act (CAA or Act) requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS) infrastructure SIP. The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. Kentucky DAQ made a SIP submission demonstrating that the Kentucky SIP contains provisions that ensure the 2008 8-hour ozone NAAQS are implemented, enforced, and maintained in the Commonwealth (hereafter referred to as ``infrastructure submission''). EPA is now taking final action on three related actions on Kentucky DAQ's infrastructure SIP submission. First, EPA is taking action to approve Kentucky DAQ's infrastructure submission provided to EPA on July 17, 2012, as meeting certain required infrastructure elements for the 2008 8-hour ozone NAAQS. Second, with respect to the infrastructure elements related to specific prevention of significant deterioration (PSD) requirements, EPA is taking final action to approve, in part and conditionally approve in part, the infrastructure SIP submission based on a December 19, 2012, commitment from Kentucky DAQ to submit specific enforceable measures for approval into the SIP to address specific PSD program deficiencies. Third, EPA is taking final action to disapprove Kentucky DAQ's infrastructure SIP submission with respect to certain interstate transport requirements for the 2008 8-hour ozone NAAQS because the submission does not address the statutory provisions with respect to the relevant NAAQS and thus does not satisfy the criteria for approval. The CAA requires EPA to act on this portion of the SIP submission even though under a recent court decision, Kentucky DAQ was not yet required to submit a SIP submission to address these interstate transport requirements. Moreover, under that same court decision, this disapproval does not trigger an obligation for EPA to promulgate a Federal Implementation Plan (FIP) to address these interstate transport requirements.

The Food Safety and Inspection Service (FSIS) is extending the comment period for the December 6, 2012, Federal Register document ``HACCP Plan Reassessment for Not-Ready-to-Eat Comminuted Poultry Products and Related Agency Verification Procedures'' until April 20, 2013. FSIS will also provide an additional 45 days for establishments that produce not-ready-to-eat (NRTE) comminuted chicken or turkey products to reassess their Hazard Analysis and Critical Control Points (HACCP) plans for those products. FSIS will postpone by 45 days the date inspection personnel will begin verifying that those establishments have reassessed their HACCP plans. In addition, starting approximately on April 20, 2013, the Agency intends to begin obtaining samples to determine the prevalence of Salmonella in NRTE comminuted poultry product announced in the document. The Agency is taking these actions in response to a request made by a coalition of trade associations.

NMFS proposes regulations under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act) to implement limits on fishing effort by U.S. purse seine vessels in the U.S. exclusive economic zone and on the high seas, restrictions on the use of fish aggregating devices (FADs), and requirements for U.S. purse seine vessels to carry observers. This action is necessary for the United States to implement provisions of a conservation and management measure (CMM) adopted by the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC) and to satisfy the international obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party.

The Federal Emergency Management Agency (FEMA) is withdrawing its proposed rule concerning proposed flood elevation determinations for Sussex County, Delaware, and Incorporated Areas.

On October 7, 2010, FEMA published in the Federal Register a proposed rule that contained an erroneous table. On September 11, 2012, a correction to that original notice was published in the Federal Register. This notice provides corrections to that initial table and the correction notice, to be used in lieu of the information published at 75 FR 62061 and at 77 FR 55785. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Schuylkill County, Pennsylvania (All Jurisdictions). Specifically, it addresses the following flooding sources: Good Spring Creek, Little Schuylkill River, Mahanoy Creek, Schuylkill River, and West Branch Schuylkill River.

We propose to adopt a new airworthiness directive (AD) for Pilatus Aircraft Ltd. Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/ 350-H1, PC-6/350-H2, PC-6/A, PC-6-A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1- H2, PC- 6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes that would supersede an existing AD. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated 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 failure to inspect and maintain stabilizer-trim attachment components and the flap actuator could result in loss of control. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

This notice announces changes to the payment adjustment for low-volume hospitals and to the Medicare-dependent hospital (MDH) program under the hospital inpatient prospective payment systems (IPPS) for FY 2013 in accordance with sections 605 and 606, respectively, of the American Taxpayer Relief Act of 2012.

FEMA proposes to revise its Fire Management Assistance Grant (FMAG) program regulations to lengthen the potential extension for the grantee's submission of its grant application to FEMA from up to 3 months to up to 6 months. FEMA also proposes to lengthen the potential extension for a subgrantee to submit a project worksheet from up to 3 months to up to 6 months. These proposed deadline extensions provide increased flexibility to applicants who may benefit from additional time to prepare the documentation necessary to support a grant application and may reduce or eliminate financial losses due to delayed invoices by third parties that exceed the maximum 3-month deadline extension. In addition, FEMA proposes to exempt project worksheets claiming only administrative costs from the $1,000 minimum. FEMA also proposes to make additional minor administrative changes to its FMAG regulations to reflect current statutory and regulatory requirements and clarify grant application procedures.

This action amends Class E Airspace in the Goldsboro, NC area, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Mount Olive Municipal Airport. Airspace reconfiguration is necessary for the continued safety and management of instrument flight rules (IFR) operations within the Goldsboro, NC, airspace area. This action also updates the geographic coordinates of Mount Olive Municipal Airport and the Seymour Johnson TACAN, and recognizes the airport name change of Goldsboro-Wayne Municipal Airport to Wayne Executive Jetport.

This action amends Class E airspace at Gaylord, MI. Additional controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Gaylord Regional Airport. The airport's name and geographic coordinates are also adjusted. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 747SP series airplanes, and certain The Boeing Company Model 747-100B SUD and 747-300 series airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the fuselage skin just above certain lap splice locations is subject to widespread fatigue damage (WFD). This proposed AD would require repetitive inspections for cracking of the fuselage skin above certain lap splice locations, and repair if necessary. We are proposing this AD to detect and correct fatigue cracking of the fuselage skin, which could result in reduced structural integrity of the airplane and sudden loss of cabin pressure.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, and annual fees charged to its applicants and licensees. The proposed amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which requires the NRC to recover through fees approximately 90 percent of its budget authority in Fiscal Year (FY) 2013, not including amounts appropriated for Waste Incidental to Reprocessing (WIR) and amounts appropriated for generic homeland security activities. The NRC is currently operating under a Continuing Resolution (CR) which is set to expire on March 27, 2013. Based on the FY 2013 budget submitted to the Congress, the NRC is proposing fees in this rulemaking based on the FY 2013 budget which is estimated to be $1,053.2 million. After accounting for billing adjustments, the total amount to be billed as fees is approximately $924.8 million. These fees are subject to change pending congressional action which may include sequestration, full-year CR or issuance of an FY 2013 appropriation which differs from the FY 2013 budget submitted to Congress which could result in higher or lower fees than those proposed in this rulemaking.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect the withdrawal approval of 19 new animal drug applications (NADAs) and one abbreviated new animal drug application (ANADA). The applications are being withdrawn for lack of compliance with the reporting requirements in an FDA regulation.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of six months, the information collection associated with the Commission's Misuse of Internet Protocol (IP) Captioned Telephone Service; Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Order (Order). This document is consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the requirements.

This action amends the description of the Tampa International Airport, FL, Class B airspace area by changing the references for defining the centerpoint of the airspace from the ``airport surveillance radar (ASR) antenna'' to ``Point of Origin.'' In addition, the description is edited throughout to improve clarity. These changes are editorial only and do not alter the current charted boundaries or altitudes or the ATC procedures for the Tampa Class B airspace area.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -800, and -900ER series airplanes. This AD was prompted by incorrect wire support clamps installed within the left environmental control systems (ECS) bay, which could allow wiring to come in contact with the exposed metal of the improper clamp. This AD requires inspections to identify the part number of the wire support clamp, related investigative actions, and corrective actions if necessary. We are issuing this AD to prevent electrical arcing and a potential ignition source within the ECS bay, which in combination with flammable fuel vapors, could result in a center wing fuel tank explosion, and consequent loss of the airplane.

We are adopting a new airworthiness directive (AD) for all BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146 and Avro 146-RJ series airplanes. This AD was prompted by a report that certain ceramic terminal blocks, through which the wiring for the engine fire extinguishers, fire detection circuits, and engine and intake anti-ice system are routed, have been found to have moisture ingress, which can degrade the insulation resistance of the ceramic terminal blocks. This AD requires a one-time insulation resistance test of ceramic terminal blocks, and if necessary, replacement of the blocks. We are issuing this AD to prevent latent failure of the number 2 fire bottle, which, in the event of an engine fire, could result in failure of the fire bottle to discharge when activated and possibly preventing the flightcrew from extinguishing an engine fire.

PHMSA is amending the Hazardous Materials Regulations in response to petitions for rulemaking submitted by the regulated community to update, clarify, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is amending the recordkeeping and package marking requirements for third-party labs and manufacturers to assure the traceability of packaging; removing the listing for ``NA1203, Gasohol, gasoline mixed with ethyl alcohol, with not more than 10% alcohol''; harmonizing internationally and providing a limited quantity exception for Division 4.1, Self-reactive solids and Self-reactive liquids Types B through F; allowing smokeless powder classified as a Division 1.4C material to be reclassified as a Division 4.1 material; and providing greater flexibility by allowing the Dangerous Cargo Manifest to be in locations designated by the master of the vessel besides ``on or near the vessel's bridge'' while the vessel is in a United States port.