March 2013 – Federal Register Recent Federal Regulation Documents

HUD is seeking comment on moving the timeframe that FHA conducts its pre-endorsement review of loans originated by Direct Endorsement lenders from a time that is prior to the lender closing each loan and before FHA's endorsement of the mortgage for insurance to a period after the loan has been closed. Comment is sought on whether this shift in time, as further described in this document, would reduce the processing time before the loans may be closed, and facilitate loan closing.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767 airplanes. This AD was prompted by reports of stiff operation of the elevator pitch control system and jammed elevator controls. This AD requires replacing pressure seal assemblies; doing repetitive inspections for dirt, loose particles, or blockage of the flanged tube and drain hole for the pressure seals, and corrective action if necessary; replacing the aft air-intake duct assembly with a new or modified assembly and installing a dripshield; and installing gutters on the horizontal stabilizer center section and modifying the side brace fittings. We are issuing this AD to prevent moisture from collecting and freezing on the elevator control system components, which could limit the ability of the flightcrew to make elevator control inputs and result in reduced controllability of the airplane.

The Coast Guard is establishing a special local regulation on the New River in Fort Lauderdale, Florida during the Rotary Club of Fort Lauderdale New River Raft Race, on Saturday, March 23, 2013. The special local regulation is necessary to ensure the safety of the participants, participant vessels, and the general public during the event. Persons and vessels, except those participating in the event, are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Miami or a designated representative.

The Coast Guard is establishing a temporary safety zone within the Lake Moolvalya region of the navigable waters of the Colorado River in Parker, Arizona for the Blue Water Resort and Casino Southwest Showdown. This temporary safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative.

The Coast Guard is establishing a temporary safety zone on the waters of the Boca Chica Channel in Boca Chica, Florida, during the 2013 Naval Air Station Key West Air Spectacular. The safety zone is necessary to provide for the safety of life on navigable waters during the air show and air show practices. 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 Key West or a designated representative.

EPA is proposing to approve the attainment demonstration portion of the attainment plan submitted by the District of Columbia, the State of Maryland and the Commonwealth of Virginia as revisions to each of their State Implementation Plans (SIPs). These revisions demonstrate attainment of the 1997 8-hour ozone national ambient air quality standard (1997 ozone NAAQS) for the Washington, DC-MD-VA, moderate nonattainment area (the Washington Area) by the applicable attainment date of June 2010. EPA has determined that each of the three SIP revisions meet the applicable requirements of the Clean Air Act (CAA). This action is being taken in accordance with the CAA.

EPA is proposing to approve, and in the alternative, conditionally approve in part, the State Implementation Plan (SIP) revision, submitted by the State of Tennessee, through the Department of Environment and Conservation, demonstrating that the State meets the requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or the Act) for the 2008 Lead national ambient air quality standards (NAAQS). Section 110(a) of 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. Tennessee certified that the Tennessee SIP contains provisions that ensure the 2008 Lead NAAQS is implemented, enforced, and maintained in Tennessee (hereafter referred to as an ``infrastructure submission''). EPA is proposing to conditionally approve portions of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J) related to prevention of significant deterioration (PSD) requirements, and a portion of section 110(a)(2)(E)(ii) of Tennessee's October 19, 2009, infrastructure submission. The current Tennessee SIP does not include provisions to comply with these requirements; however, Tennessee has committed to submit SIP revisions to address these deficiencies. EPA is also proposing, in the alternative, to approve the entire Tennessee SIP, including the sections described above, as meeting the applicable infrastructure requirements for the 2008 Lead NAAQS. Should Tennessee submit, and EPA approve, the necessary provisions to correct the identified infrastructure SIP deficiencies prior to EPA taking final action on the October 19, 2009, infrastructure submission, EPA anticipates finalizing full approval of the infrastructure SIP. If EPA does not approve these necessary provisions prior to taking final action on the October 19, 2009, infrastructure submission, EPA anticipates finalizing conditional approvals for those elements for which the Tennessee infrastructure SIP remains deficient.

NMFS is prohibiting directed fishing for pollock in Statistical Area 620 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the B season allowance of the 2013 total allowable catch of pollock for Statistical Area 620 in the GOA.

This action changes the name of the using agency for Restricted Areas R-2914A and B; R-2915A, B and C; R-2918; and R-2919A and B, with the Eglin Range Complex, FL, to read ``U.S. Air Force, Commander 96th Test Wing, Eglin AFB, FL. This is an administrative change only and does not affect the boundaries; designated altitudes; time of designation; or activities conducted within the affected restricted areas.

The Food and Drug Administration (FDA or we) is correcting the preamble to a proposed rule that published in the Federal Register of January 16, 2013. That proposed rule would establish science-based minimum standards for the safe growing, harvesting, packing, and holding of produce, meaning fruits and vegetables grown for human consumption. FDA proposed these standards as part of our implementation of the FDA Food Safety Modernization Act. The document published with several technical errors, including some errors in cross references, as well as several errors in reference numbers cited throughout the document. This document corrects those errors. We are also placing a corrected copy of the proposed rule in the docket.

The Food and Drug Administration (FDA) is amending its regulations regarding advisory committees to address minor technical changes and corrections to statutory citations. This action is editorial in nature and is intended to provide accuracy and clarity to the Agency's regulations.

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to clarify contractor and subcontractor responsibilities to obtain workers' compensation insurance or to qualify as a self-insurer, and other requirements, under the terms of the Longshore and Harbor Workers' Compensation Act as extended by the Defense Base Act.

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.

This action establishes Class E airspace at, Wilbur, WA, to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Wilbur Airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.

This regulation establishes tolerances for residues of amitraz in or on honey and honeycomb. Arysta Lifescience America, Inc. requested the tolerance for honey under the Federal Food, Drug, and Cosmetic Act (FFDCA).

We are adopting a new airworthiness directive (AD) for certain Rolls-Royce Deutschland Ltd & Co KG (RRD) Tay 611-8 turbofan engines. This AD requires inspection and replacement, if necessary, of affected bolts. This AD was prompted by a quality review determination that bolts with reduced material properties may have been installed in some engines. We are issuing this AD to prevent uncontained turbine disc fracture and damage to the airplane.

We are adopting a new airworthiness directive (AD) for certain Rolls-Royce Deutschland Ltd & Co KG (RRD) models Tay 620-15 and Tay 650-15 turbofan engines. This AD was prompted by RRD recalculating the Declared Safe Cyclic Life (DSCL) for certain low-pressure compressor (LPC) rotor disc assemblies operating to the Plan D Flight Mission. This AD requires removing the affected LPC rotor disc assemblies at a new lower recalculated DSCL. We are issuing this AD to prevent failure of the LPC rotor disc assembly, uncontained engine failure, and damage to the airplane.

We are adopting a new airworthiness directive (AD) for certain Airbus Model A330-200, -300, and -200 Freighter series airplanes; and all Airbus Model A340-200 and -300 series airplanes. This AD was prompted by a determination that the bonding lead from a certain isolation valve to a frame was too close to an electrical harness, which might cause chafing between the electrical harness and the associated bonding lead. This chafing could lead to a short circuit of the isolation valve and consequent non-closure of the isolation valve, which would prevent the air flow to be shut off in case of fire. This AD requires modifying the bonding lead installation of the isolation valve. We are issuing this AD to prevent such chafing, which could result in non-closure of the isolation valve in the event of a fire and consequent damage to the airplane and injury to its occupants.

In this document, the Federal Communications Commission (Commission) addresses several issues related to changes made to high- cost universal service support for rate-of-return carriers in the USF/ ICC Transformation Order, including granting in part requests to modify the high cost loop support (HCLS) benchmarks.

The Federal Communications Commission extends the deadline for filing reply comments on its Notice of Proposed Rulemaking (NPRM), in this proceeding, which was published in the Federal Register at 78 FR 1188, January 8, 2013. Reply comments are now due on April 5, 2013.

On December 4, 2012, the FAA published a final rule; request for comments (77 FR 71691) to make the existing regulation consistent with the FAA's intent and with the certification practice both before and after the adoption of the existing rule. The 2012 final rule clarifies what an applicant must show regarding a ``changed product'' to comply with applicable standards and became effective on February 4, 2013. We sought public comment on that final rule even though it is only clarifying in nature. This action responds to the public comments the FAA received.

This action proposes to establish Class E airspace at the Tuba City VHF Omni-Directional Radio Range Tactical Air Navigational Aid (VORTAC), Tuba City, AZ to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Denver, Albuquerque 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.

The Food and Drug Administration (FDA) is establishing a public docket to obtain input on recommendations for regulations on good manufacturing practice for tobacco products that were submitted to FDA by a group of 13 tobacco companies (tobacco companies' recommendations). FDA is establishing this docket to provide an opportunity for all interested parties to comment on the tobacco companies' recommendations and to share information that will improve FDA's understanding of the tobacco industry and its manufacturing operations.

This rule adopts, with technical changes, the interim rule that published February 18, 2011. That interim rule revised the requirements that a long-term care (LTC) facility must meet in order to qualify to participate as a skilled nursing facility (SNF) in the Medicare program, or a nursing facility (NF) in the Medicaid program. The requirements implemented section 6113 of the Patient Protection and Affordable Care Act to ensure that, among other things, in the case of an LTC facility closure, individuals serving as administrators of a SNF or NF provide written notification of the impending closure and a plan for the relocation of residents at least 60 days prior to the impending closure or, if the Secretary terminates the facility's participation in Medicare or Medicaid, not later than the date the Secretary determines appropriate.

We, the U.S. Fish and Wildlife Service (Service), announce the opening of an information gathering period regarding the status of the fisher (Martes pennanti) throughout the range of its West Coast distinct population segment (DPS) in the United States. The status review will include analysis of whether the West Coast DPS of the fisher warrants listing as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). We encourage interested parties to provide us information regarding the status of, and any potential threats to, the West Coast DPS of the fisher.