March 26, 2013 – Federal Register Recent Federal Regulation Documents

The Transportation Security Administration (TSA) is proposing to revise its civil aviation security regulations to clarify that TSA may use advanced imaging technology (AIT) to screen individuals at security screening checkpoints. This proposed rule is issued to comply with a decision of the U.S. Court of Appeals for the District of Columbia Circuit, which ordered TSA to engage in notice-and-comment rulemaking on the use of AIT for screening. The Court decided that TSA should provide notice and invite comments on the use of AIT technology for primary screening.

The Office of Surface Mining Reclamation and Enforcement (OSM) proposes to revise its Federal and Indian Lands Program regulations for the purposes of adjusting the existing permit fees and assessing new fees to recover the actual costs for permit review and administration and permit enforcement activities provided to the coal industry. These fees are authorized under the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and the Independent Offices Appropriations Act of 1952 (IOAA). The fees would be used to offset OSM's costs for processing various permit applications and related actions, administering those permits over their lifecycle, and performing required inspections. The proposed fees would be applicable to permits for coal mining on lands under OSM's direct regulatory jurisdiction. The proposed fees would also be applicable to coal mining on Indian lands where OSM is the regulatory authority. The primary purpose of this rulemaking is to charge the surface coal mining and reclamation operations that benefit from obtaining and operating under surface coal mining and reclamation permits for OSM's costs to review, administer, and enforce those permits instead of passing those costs on to the general public.

This action proposes to establish Class E airspace at the Tobe VHF Omni-Directional Radio Range/Distance Measuring Equipment (VOR/ DME), Tobe, CO to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Denver and Albuquerque 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.

This action proposes to establish Class E airspace at the Gillette VHF Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME), Gillette, WY to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Denver, Salt Lake City and Minneapolis 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.

This action proposes to establish Class E airspace at Elbow Lake, MN. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Elbow Lake Municipal-Pride of the Prairie Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.

This action proposes to amend Class E airspace at Gruver, TX. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Gruver Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.

NMFS issues this final rule to implement the annual catch limit (ACL), harvest guideline (HG), annual catch target (ACT) and associated annual reference points for Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of July 1, 2012, through June 30, 2013. These specifications were determined according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The 2012-2013 ACL or maximum HG for Pacific mackerel is 40,514 metric tons (mt). The proposed ACT, which will be the directed fishing harvest target, is 30,386 mt. If the fishery attains the ACT, the directed fishery will close, reserving the difference between the ACL and ACT (10,128 mt) as a set aside for incidental landings in other CPS fisheries and other sources of mortality. This rule is intended to conserve and manage the Pacific mackerel stock off the U.S. West Coast.

The Food and Drug Administration (FDA) is amending a final rule that appeared in the Federal Register of April 9, 2007 (72 FR 17397 at 17401) to reflect changes to the Center for Devices and Radiological Health's address. This action is editorial in nature and is intended to improve the accuracy of the Agency's regulations.

The Bureau of Consumer Financial Protection is amending Regulation E (Electronic Fund Transfers), which implements the Electronic Fund Transfer Act (EFTA), and the official interpretation to the regulation. In December 2012, Congress passed and the President signed legislation amending the EFTA to eliminate a requirement that a fee notice be posted on or at automated teller machines, leaving in place the requirement for a specific fee disclosure to appear on the screen of that machine or on paper issued from the machine. This final rule amends Regulation E to conform to the EFTA amendment.

We propose to adopt a new airworthiness directive (AD) for Hartzell Propeller, Inc. propeller models HC-(1, D)2(X, V, MV)20-7, HC- (1, D)2(X, V, MV)20-8 and HC-(1, D)3(X, V, MV)20-8. This proposed AD was prompted by failures of the propeller hydraulic bladder diaphragm and resulting engine oil leak. This proposed AD would require replacement of the propeller hydraulic bladder diaphragm. We are proposing this AD to prevent propeller hydraulic bladder diaphragm rupture, loss of engine oil, damage to the engine, and loss of the airplane.

The Department of Veterans Affairs (VA) is withdrawing VA's proposed rulemaking, published in the Federal Register on September 27, 2012, which proposed to amend its regulations that govern VA payments to State homes for bed holds on behalf of veterans. Specifically, the regulation proposed to remove a 30-day residency requirement before VA would make such payments. VA received no significant adverse comments concerning the proposed rule or its companion substantially identical direct final rule published on the same date in the Federal Register. In a companion document in this issue of the Federal Register, we are confirming that the direct final rule became effective on November 26, 2012. Accordingly, this document withdraws as unnecessary the proposed rule.

The Food and Drug Administration (FDA) is amending certain medical device regulations to correct minor errors in the Code of Federal Regulations (CFR). This action is editorial in nature and is intended to provide accuracy and clarity to the Agency's regulations.

The Coast Guard is establishing a temporary safety zone in the navigable waters of the San Francisco Bay near Hunters Point in San Francisco, CA in support of the San Francisco Police Department's maritime interdiction training exercises. This safety zone is established to ensure the safety of the exercise participants and mariners transiting the area. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative.

The Coast Guard is establishing a special local regulation on the Atlantic Ocean and the entrance of Port Everglades in the vicinity of Fort Lauderdale, Florida during the 2013 Lauderdale Air Show. The event is scheduled to take place from Thursday April 18, 2013, until Sunday, April 21, 2013. The regulation is necessary to ensure the safety of the participants, spectators, and the general public during the event. The special local regulation will establish the following two areas: an exclusion area, where all persons and vessels, except those persons and vessels participating in the event, are prohibited from entering, transiting through, anchoring in, or remaining within; and a limited access area, where all vessels over 500 gross tons will be prohibited from entering, transiting through, anchoring in, or remaining within unless authorized by the Captain of the Port Miami or a designated representative.

This action proposes to modify the legal description of VHF Omnidirectional Range (VOR) Federal airway V-345 in the vicinity of Ashland, WI. The Ashland (ASX) VOR Distance Measuring Equipment (VOR/ DME) navigation aid, which forms the northern most point of the airway, has been out of service for over ten months, with a Notice to Airmen (NOTAM) published, and is scheduled to be decommissioned in 2013. The FAA is proposing this action to remove that portion of V-345 affected by the loss of service by the Ashland, WI, VOR/DME.

This document corrects technical and typographical errors that appeared in the final rule published in the Federal Register on March 11, 2013, entitled ``Patient Protection and Affordable Care Act; Establishment of the Multi-State Plan Program for the Affordable Insurance Exchanges.'' The changes are not substantive to our policy.

EPA is finalizing approval of revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on November 7, 2012 and concerns volatile organic compound (VOC) emissions from architectural coatings. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).

The U.S. Department of Energy (DOE) requests information to help inform its current rulemaking in which it has proposed to set energy conservation standards for classes of battery chargers and external power supplies. Specifically, DOE seeks information on battery chargers that manufacturers have certified as compliant with the California Energy Commission (CEC) standards that became effective on February 1, 2013. DOE is actively reviewing battery chargers that have been certified as compliant with the CEC standards to determine if the analysis DOE prepared in support of the notice of proposed rulemaking for Battery Chargers and External Power Supplies published on March 27, 2012, needs revision in light of the availability of these products. Based on testing data and information received from stakeholders, DOE may propose alternative energy conservation standard levels for battery chargers if it is determined that new energy conservation standards for battery chargers are technologically feasible and economically justified. If DOE determined that different standards could satisfy these criteria, DOE would issue a supplemental notice of proposed rulemaking in order to discuss any new findings, propose alternative energy conservation standard levels, and request stakeholder feedback. At this time, DOE welcomes written comments from the public on the issues brought up in this Request for Information or on any other topic within the scope of this rulemaking.

Due to the receipt of an adverse comment, EPA is withdrawing the January 31, 2013, direct final rule approving a revision to the Minnesota State Implementation Plan (SIP). EPA will address the comment in a subsequent final action based upon the proposed rulemaking action, also published on January 31, 2013. EPA will not institute a second comment period on this action.

This action amends VHF Omnidirectional Range (VOR) Federal Airway V-233 in the vicinity of Springfield, IL. The FAA is taking this action to correct the V-233 description contained in Part 71 to ensure it matches the information contained in the FAA's aeronautical database, matches the depiction on the associated charts, and ensures the safety and efficiency of the National Airspace System (NAS).

We are adopting a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model EC130 B4 helicopters with a cabin vibration damper installed. This AD requires installing a vibration damper casing assembly on both sides of the helicopter. This AD was prompted by a crack and failure of a cabin vibration damper blade. The actions of this AD are intended to modify the cabin vibration damper assembly to prevent contact with the flight controls in the event of a cabin vibration blade failure, jamming of a flight control, and subsequent loss of control of the helicopter.

We propose to supersede an existing airworthiness directive (AD) that applies to certain Bombardier, Inc. Model DHC-8-100, -200, and -300 series airplanes. The existing AD currently requires replacing certain parking brake accumulators. Since we issued that AD, we have determined that it is necessary to protect the hydraulic system and airplane structure from possible damage by any faulty screw cap or end cap of any accumulator. This proposed AD would require installing restraint devices around the parking brake accumulator end caps. We are proposing this AD to prevent failure of the parking brake accumulator screw cap or end cap resulting in loss of the number 2 hydraulic system and damage to airplane structures, which could adversely affect the controllability of the airplane.