March 2013 – Federal Register Recent Federal Regulation Documents

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Rock Island Railroad and Highway Drawbridge across the Upper Mississippi River, mile 482.9, at Rock Island, Illinois. The deviation is necessary to allow the Quad City Marathon to cross the bridge. This deviation allows the bridge to be maintained in the closed-to-navigation position for four hours.

In this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make certain items subject to the EAR and to impose on those items a license requirement for export and reexport to all destinations, except Canada. Specifically, this rule classifies specified biosensor systems, ``software'' and ``technology'' under Export Control Classification Numbers (ECCNs) 0A521, 0D521 and 0E521, respectively, on the Commerce Control List (CCL). As described in the final rule that established the 0Y521 series and that was published in the Federal Register on April 13, 2012 (77 FR 22191), items are added to the 0Y521 series upon a determination by the Department of Commerce, with the concurrence of the Departments of Defense and State, that the items should be controlled for export because the items provide at least a significant military or intelligence advantage to the United States or foreign policy reasons justify control. The items identified in this rule are controlled for regional stability (RS) Column 1 reasons. The only license exception available for these items is for official use by personnel and agencies of the U.S. Government.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the August 17, 2012, proposal to add the Gierisch mallow to the list of endangered species under the Endangered Species Act of 1973, as amended (Act). We also announce the reopening of comment on the August 17, 2012, proposal to designate critical habitat for the Gierisch mallow and the availability of a draft economic analysis and draft environmental assessment of the proposed critical habitat designation and amended required determinations for the proposed rule. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposals, the associated draft economic and environmental analyses, and the amended required determinations. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

Under section 215 of the Federal Power Act (FPA), the Federal Energy Regulatory Commission (Commission) approves Reliability Standard FAC-003-2 (Transmission Vegetation Management), submitted to the Commission for approval by the North American Electric Reliability Corporation (NERC), the Commission-certified Electric Reliability Organization. Reliability Standard FAC-003-2 expands the applicability of the standard to include overhead transmission lines that are operated below 200 kV, if they are either an element of an Interconnection Reliability Operating Limit or an element of a Major WECC Transfer Path. Reliability Standard FAC-003-2 incorporates a new minimum annual inspection requirement, and incorporates new minimum vegetation clearance distances into the text of the standard. The Commission also approves the related definitions, violation severity levels, implementation plan, and effective dates proposed by NERC. The Commission approves the related violation risk factors, except that it directs a revision to the violation risk factor corresponding to one requirement.

This action proposes to establish Class E Airspace at Boothbay, ME, to accommodate a new Area Navigation (RNAV) Global Positioning System (GPS) special Standard Instrument Approach Procedure (SIAP) serving St. Andrews Hospital Heliport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to revise the definition of ``produce'' as it applies to specialty metals. The National Defense Authorization Act for Fiscal Year 2011 directed DoD to review the definition of ``produce'' to ensure its compliance with the statutory restrictions on specialty metals and to determine if a revision to the current rule was necessary and appropriate.

The Bureau of Consumer Financial Protection (Bureau) is amending Regulation Z, which implements the Truth in Lending Act, and the Official Interpretations of the regulation, which interpret the requirements of Regulation Z. Regulation Z generally limits the total amount of fees that a credit card issuer may require a consumer to pay with respect to an account to 25 percent of the credit limit in effect when the account is opened. Regulation Z previously stated that this limitation applies prior to account opening and during the first year after account opening. This final rule amends Regulation Z to apply the limitation only during the first year after account opening.

This action amends Class E airspace at Decorah, IA. Decommissioning of the Decorah non-directional beacon (NDB) at Decorah Municipal Airport has made reconfiguration necessary for standard instrument approach procedures and for the safety and management of Instrument Flight Rule (IFR) operations at the airport.

This action establishes Class E airspace at Beeville, TX. Controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Chase Field Industrial Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

This action amends Class E airspace at West Union, IA. Decommissioning of the West Union non-directional beacon (NDB) at George L. Scott Municipal Airport has made reconfiguration necessary for standard instrument approach procedures and for the safety and management of Instrument Flight Rule (IFR) operations at the airport.

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.

EPA is proposing to approve a revision to the South Coast portion of the California State Implementation Plan (SIP). This revision concerns volatile organic compounds from organic liquid storage. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act).

The Bureau of Consumer Financial Protection (Bureau or CFPB) proposes to amend the regulation defining larger participants of certain consumer financial product and service markets by adding a new section to define larger participants of a market for student loan servicing. The Bureau proposes this rule pursuant to its authority, under the Dodd-Frank Wall Street Reform and Consumer Protection Act, to supervise certain nonbank covered persons for compliance with Federal consumer financial law and for other purposes. The Bureau has the authority to supervise nonbank covered persons of all sizes in the residential mortgage, private education lending, and payday lending markets. In addition, the Bureau has the authority to supervise nonbank ``larger participant[s]'' of markets for other consumer financial products or services, as the Bureau defines by rule. The proposal (Proposed Rule) would identify a market for student loan servicing and define ``larger participants'' of this market that would be subject to the Bureau's supervisory authority.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burnside Bridge across the Willamette River, miles 12.4, at Portland, Oregon. This deviation is necessary to accommodate the annual Rose Festival Grand Floral Parade. This deviation allows the bridge to remain in the closed position to allow for the safe movement of event participants.

EPA issued direct final significant new use rules (SNURS) in the Federal Register of December 20, 2012 for 9 chemical substances which were the subject of premanufacture notices (PMNs). For the chemical substance identified generically as aromatic sulfonic acid amino azo dye salts (PMN P-12-276) a typographical error has been identified. This document is being issued to correct the typographical error.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels (CVs) using trawl gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2013 Pacific cod total allowable catch apportioned to CVs using trawl gear in the Central Regulatory Area of the GOA.

We propose to adopt a new airworthiness directive (AD) for certain Learjet Inc. Model 60 airplanes. This proposed AD was prompted by a report of a high-speed rejected takeoff caused by all four main landing gear (MLG) tires blowing out during the takeoff roll. This proposed AD would require installing new rigid hydraulic tube assemblies to the MLG struts, installing a new MLG squat switch bracket, modifying the MLG squat switch wire harness, modifying the MLG anti-skid wheel transducer electrical wire harnesses, routing and securing the anti-skid wheel and squat switch electrical wire harnesses to the MLG strut assembly; installing outboard bracket assemblies, anti-skid shield, forward electrical cover on the forward stiffener, upper and lower inboard bracket assemblies, and clamps that support the electrical wire harness; modifying the aft stiffener for the new electrical wire harness support; installing the aft electrical cover and strap on the aft stiffener; installing a new flat landing light lamp if necessary; and, for certain airplanes; installing a new wheel speed detect box assembly, nutplates, and brackets and a new thrust reverser interface box, and modifying the wiring for the new thrust reverser interface box. We are proposing this AD to prevent failure of the braking system or adverse operation of the spoiler and thrust reverser system due to external damage, particularly from tire failure, which could result in loss of control of the airplane.

The Assistant Deputy Secretary for Innovation and Improvement announces priorities, requirements, definitions, and selection criteria under the Investing in Innovation Fund (i3). The Assistant Deputy Secretary may use one or more of these priorities, requirements, definitions, and selection criteria for competitions in fiscal year (FY) 2013 and later years. We clarify and redesign key aspects of the program by incorporating lessons learned from past i3 competitions. Specifically, we intend to improve the i3 program to better achieve its purposes and goal by making changes that will result in accelerating the identification of promising solutions to pressing challenges in K-12 public education, supporting the evaluation of the efficacy of such solutions, and developing new approaches to scaling effective practices to serve more students.

The Coast Guard is establishing a special local regulation on the Indian River located northeast of the Ernest F. Lyons Bridge and south of Joes Cove, in Stuart, Florida during the Stuart Sailfish Regatta, a series of high-speed boat races. The Stuart Sailfish Regatta will take place from Friday, April 19, 2013, until Sunday, April 21, 2013. Approximately 40-80 high-speed power boats will be participating in the event and it is anticipated that at least 100 spectator vessels will be. This special local regulation is necessary for the safety of race participants, participant vessels, spectators, and the general public during the event. The special local regulation establishes the following three areas: A race area, where all persons and vessels, except those persons and vessels participating in the high-speed boat races, are prohibited from entering, transiting through, anchoring in, or remaining within; a buffer zone around the race area, where all persons and vessels, except those persons and vessels enforcing the buffer zone, or authorized participants or vessels transiting to the race area, are prohibited from entering, transiting through, anchoring in, or remaining within; and a spectator area.

The Coast Guard has issued a temporary deviation from the regulation governing the operation of the Canadian National (CN) Railroad automated bascule span drawbridge across Pass Manchac, mile 6.7, at Manchac, between St. John and Tangipahoa Parishes, Louisiana. The deviation is necessary to upgrade the electrical drive system and replace the seals on the gear drive unit that operates the bridge. This deviation allows the bridge to remain closed to navigation for six hours on two consecutive days.

The Coast Guard has issued a temporary deviation from the regulation governing the operation of the Senator Ted Hickey (Leon C. Simon) bascule bridge across the Inner Harbor Navigation Canal, mile 4.6, at New Orleans, Louisiana. This deviation is necessary to ensure the safety of pedestrians as they run across the bridge for the Ochsner Ironman 70.3 New Orleans event. This deviation allows the bridge to remain in the closed-to-navigation position continuously during the event.

The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term ``Form I-94'' that includes the collection of arrival/ departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.

The Department of the Army is amending its rule on notification of the Army Litigation Division when a request is made for a record related to pending litigation involving the United States in order to correct the mailing address in Sec. 518.15 and Sec. 518.18. The address for notifying the U.S. Army Litigation Division of record requests related to litigation involving the United States has changed.

The Department of Health and Human Services (HHS) proposes to revise the fee structure currently used by the National Institute for Occupational Safety and Health (NIOSH), within the Centers for Disease Control and Prevention (CDC) to charge respirator manufacturers for the examination, inspection, and testing of respirators which are submitted to NIOSH for the purpose of creating or modifying a certificate of approval. Existing regulations reflect prices for respirator testing and approval that were promulgated in 1972, and have not kept pace with the actual costs of providing these services that benefit respirator manufacturers. This proposed rule is designed to update the regulations.

This regulation establishes a tolerance for residues of the insecticide thiamethoxam in or on tea, and amends the existing tolerance for residues of thiamethoxam in or on coffee. Syngenta Crop Protection, Inc., requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).