March 2013 – Federal Register Recent Federal Regulation Documents

The U.S. Department of Energy (DOE) has completed an initial analysis that estimates the potential economic impacts and energy savings that could result from promulgating a regulatory energy conservation standard for set-top boxes. At this time, DOE is not proposing any energy conservation standard for set-top boxes. However, it is publishing this initial analysis so stakeholders can review the analysis's output and the underlining assumptions and calculations that might ultimately support a proposed standard. DOE encourages stakeholders to provide any additional data or information that may improve the analysis. The analysis is now publically available at: https://www1.eere.energy.gov/buildings/appliancestandards/ rulemaking.aspx/ruleid/33.

The Food Safety and Inspection Service (FSIS) is amending the Federal meat and poultry products inspection regulations to remove sodium benzoate, sodium propionate, and benzoic acid from the list of substances that the regulations prohibit for use in meat or poultry products. New uses of these substances in meat or poultry products will continue to be approved by the Food and Drug Administration (FDA) for safety and by FSIS for suitability. FSIS will add approved uses of these substances to the list of approved substances contained in the Agency's directive system.

We are revising an earlier proposed airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, - 900 and -900ER series airplanes. That NPRM proposed to require inspecting for a serial number that starts with the letters ``SAIC'' on the left- and right-side horizontal stabilizer identification plate; a detailed inspection for correct bolt protrusion and chamfer of the termination fitting bolts of the horizontal stabilizer rear spar, if necessary; inspecting to determine if certain bolts are installed, if necessary; and doing related investigative and corrective actions if necessary. That NPRM was prompted by reports of incorrectly installed bolts common to the rear spar termination fitting on the horizontal stabilizer. This action revises that NPRM by adding airplanes to the applicability. We are proposing this supplemental NPRM to prevent loss of structural integrity of the horizontal stabilizer attachment and loss of control of the airplane. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

We are revising an earlier proposed airworthiness directive (AD) for certain Cessna Aircraft Company (Cessna) Models 172R, 172S, 182S, 182T, T182T, 206H, and T206H airplanes. That NPRM proposed to supersede an existing AD that currently requires an inspection of the engine oil pressure switch and, if applicable, replacement with an improved engine oil pressure switch. Since we issued the existing AD, we have received new reports of internal failure of the improved engine oil pressure switch, which could result in complete loss of engine oil with consequent partial or complete loss of engine power or fire. The NPRM proposed to increase the applicability of the AD and place a life- limit of 3,000 hours time-in-service (TIS) on the engine oil pressure switch, requiring replacement when the engine oil pressure switch reaches its life limit. This action revises that NPRM by changing the applicable serial numbers ranges. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes. We are proposing this supplemental NPRM to correct the unsafe condition on these products.

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 http:/ /www.fema.gov/fema/csb.shtm.

We, the National Park Service, are amending the regulations on demonstrations and special events for the National Capital Region. This rule revises the definition of ``demonstration,'' lifts the prior regulatory ban on soliciting money or funds but requires a permit for the in-person solicitation of money or funds on Federal park land, and revises an introductory sentence prohibiting demonstrations or special events in designated memorial areas. This rule also changes the name of the permit office to the Division of Permits Management.

This action amends Class E airspace at Sault Ste Marie, ON. Changes to controlled airspace are necessary to coincide with the Canadian control zone over Sault Ste Marie Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

We are revising an earlier proposed airworthiness directive (AD) for all The Boeing Company Model 777 airplanes. That NPRM proposed to require performing repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. That NPRM was prompted by reports of two in-service occurrences on Model 737-400 airplanes of total loss of boost pump pressure of the fuel feed system, followed by loss of fuel system suction feed capability on one engine, and in-flight shutdown of the engine. This action revises that NPRM by proposing to revise the maintenance program to incorporate a revision to the Airworthiness Limitations Section of the maintenance planning data (MPD) document. We are proposing this supplemental NPRM to detect and correct failure of the engine fuel suction feed of the fuel system, which, in the event of total loss of the fuel boost pumps, could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. Since these actions impose an additional burden over that proposed in the previous NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 747-400 and 747-400F series airplanes. This proposed AD was prompted by reports of cracking in the outboard flange of the longeron extension fittings, which attach to the wing-to- body fairing support frame. This proposed AD would require repetitive inspections of the longeron extension fittings for cracking, and corrective actions if necessary. We are proposing this AD to detect and correct cracks in the longeron extension fittings, which can become large and adversely affect the structural integrity of the airplane.

The Department of Justice (DOJ or Department), Drug Enforcement Administration (DEA) is issuing a final rule for the recently modified system of records titled ``Investigative Reporting and Filing System'' (IRFS), JUSTICE/DEA-008. This system, which has already been exempted from particular subsections of the Privacy Act of 1974, is now being exempted further. Information in this system relates to law enforcement and intelligence matters, and for the reasons set forth in the rule these exemptions are necessary to avoid interference with the law enforcement, counterterrorism, and national security functions and responsibilities of the DEA.

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement the Small Business Administration's (SBA) revision of the small business size and small business status protest and appeal procedures to ensure that contracts set-aside for small businesses are awarded to eligible small business concerns.

We are adopting a new airworthiness directive (AD) for certain Cessna Aircraft Company Model 750 airplanes. This AD was prompted by reports of loss of displayed airspeed. This AD requires inspecting certain logic modules to determine if certain cabin altitude/pitot static heater module assemblies are installed and replacing those assemblies with a new assembly; and revising the Non-Normal Procedures Section of the airplane flight manual (AFM) to include procedures for resetting the pitot switch in the event of pitot heater failure and for total loss of airspeed indication. We are issuing this AD to prevent the loss of all displayed airspeed, which could result in reduced ability to control the airplane.

The Food and Drug Administration (FDA) is amending certain regulations regarding food and color additives to correct minor errors (such as misspelled chemical names) and to update office names and addresses. This action is editorial in nature and is intended to improve the accuracy of the Agency's regulations.

We are adopting a new airworthiness directive (AD) for certain Airbus Model A310-204, -222, -304, -322, and -324 airplanes. This AD was prompted by the manufacturer re-classifying slat extension eccentric bolts as principle structural elements (PSE) with replacement due at or before newly calculated fatigue life limits. This AD requires replacing slat extension eccentric bolts and associated washers with new slat extension eccentric bolts and washers. We are issuing this AD to prevent fatigue cracking, which could result in the loss of structural integrity of the airplane.

The Federal Energy Regulatory Commission (Commission) is amending its regulations which establish standards for business practices and electronic communications for public utilities to incorporate by reference updated business practice standards adopted by the Wholesale Electric Quadrant of the North American Energy Standards Board to categorize various products and services for demand response and energy efficiency and to support the measurement and verification of these products and services in organized wholesale electric markets. These standards provide common definitions and processes regarding demand response and energy efficiency products in organized wholesale electric markets where such products are offered. The standards also require each regional transmission organization (RTO) and independent system operator (ISO) to address in the RTO or ISO's governing documents the performance evaluation methods to be used for demand response and energy efficiency products. The standards thereby facilitate the ability of demand response and energy efficiency providers to participate in organized wholesale electric markets, reducing transaction costs and providing an opportunity for more customers to participate in these programs, especially for customers that operate in more than one organized market.

This rule designates certain multi-use pathways in Chattahoochee River National Recreation Area as routes for bicycle use. National Park Service general regulations require promulgation of a special regulation to designate new routes for bicycle use off park roads and outside developed areas. Several segments of multi-use pathways at Chattahoochee River National Recreation Area have been, or are planned to be, constructed to replace eroded social trails with a sustainable trail system. Allowing bicycling on the new trail system improves connectivity to regional trail networks, enhances opportunities for non-motorized enjoyment of the park, and encourages the use of alternate transportation by park visitors and staff.

The Office of Government Ethics is issuing this final rule to amend the regulation that describes financial interests that are exempt from the prohibition in 18 U.S.C. 208(a). These final rule amendments would revise the existing regulatory exemptions by: Creating a new exemption that permits Government employees to participate in particular matters affecting the financial interests of nonprofit organizations in which they serve in an official capacity as officer, director or trustee, notwithstanding the employees' imputed financial interest under 18 U.S.C. 208(a); and revising the existing exemption for interests in the holdings of sector mutual funds to clarify that it applies to interests in the holdings of sector unit investment trusts.

The Assistant Secretary for Special Education and Rehabilitative Services proposes a priority under the Rehabilitation Research and Training Center (RRTC) Program administered by the National Institute on Disability and Rehabilitation Research (NIDRR). Specifically, this notice proposes a priority for an RRTC on Promoting Healthy Aging for Individuals with Long-Term Physical Disabilities. The Assistant Secretary may use this priority for competitions in fiscal year (FY) 2013 and later years. We take this action to focus research attention on an area of national need. We intend the priority to contribute to improved health and function outcomes for individuals aging with long-term physical disabilities.

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

This action proposes to establish Class E Airspace at Cleveland, TN, to accommodate the Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Cleveland Regional Jetport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.

This action proposes to establish Class E airspace at Linton, ND. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Linton 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.

In this document. Petitions for Reconsideration (Petitions) have been filed in the Commission's rulemaking proceeding by Michael Couzens and Alan Korn Esq on behalf of Michael Couzens and Alan Korn, Brandy Doyle and Paul Bame, on behalf of Prometheus Radio Project, Don Schellhardt, Esq., on behalf of LET CITIES IN!!, Michelle Eyre, on behalf of REC Networks, and Donald E. Martin P.C., on behalf of LifeTalk Radio, Inc.