April 5, 2013 – Federal Register Recent Federal Regulation Documents

Use of Meeting Rooms and Public Spaces
Document Number: 2013-08020
Type: Proposed Rule
Date: 2013-04-05
Agency: National Archives and Records Administration, Agencies and Commissions
NARA proposes to amend its regulations on the public use of NARA facilities in the Washington, DC area. The regulations are being revised to clarify instances where fees may be charged for services related to building use. It also updates contact information for requesting use of NARA public areas in the Washington, DC National Archives Building and the National Archives at College Park.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Commercial Trap Sectors of the Reef Fish and Spiny Lobster Fisheries in the U.S. Caribbean; Control Date
Document Number: 2013-07991
Type: Proposed Rule
Date: 2013-04-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that it is establishing a control date of February 10, 2011, to control future access to the commercial trap sectors of the reef fish and spiny lobster fisheries operating in the exclusive economic zone (EEZ) of the U.S. Caribbean. If changes to the management regime are developed and implemented under the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), a control date could be used to limit the number of participants in these sectors. This announcement is intended, in part, to promote awareness of the potential eligibility criteria for future access so as to discourage speculative entry into the trap sectors while the Caribbean Fishery Management Council (Council) and NMFS consider whether and how access to the commercial trap sectors of the reef fish and spiny lobster fisheries should be controlled.
Enhanced Document Requirements To Support Use of the Dolphin Safe Label on Tuna Products
Document Number: 2013-07990
Type: Proposed Rule
Date: 2013-04-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to revise regulations under the Dolphin Protection Consumer Information Act (DPCIA) to enhance the requirements for documentation to support labels on tuna products that represent the product as dolphin-safe. This proposed rule would modify the requirements for the certifications that must accompany the Fisheries Certificate of Origin (FCO); change storage requirements related to dolphin-safe and non-dolphin-safe tuna on board fishing vessels; create new requirements for processors, other than tuna canners, of tuna product labeled dolphin-safe; and modify the reporting requirements associated with tracking domestic tuna canning and processing operations. This proposed rule is intended to better ensure dolphin-safe labels comply with the requirements of the DPCIA and to ensure that the United States satisfies its obligations as a member of the World Trade Organization (WTO).
Flumioxazin; Pesticide Tolerances
Document Number: 2013-07980
Type: Rule
Date: 2013-04-05
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of flumioxazin in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Energy Conservation Program: Availability of the Preliminary Technical Support Document for General Service Fluorescent Lamps and Incandescent Reflector Lamps
Document Number: 2013-07974
Type: Proposed Rule
Date: 2013-04-05
Agency: Department of Energy
On February 28, 2013, the U.S. Department of Energy (DOE) published a notice of public meeting and availability of the preliminary analysis on general service fluorescent lamps (GSFLs) and incandescent reflector lamps (IRLs) energy conservation standards in the Federal Register. This notice announces an extension of the public comment period for submitting comments on the preliminary analysis or any other aspect of the rulemaking for GSFLs and IRLs. The comment period is extended to May 13, 2013.
Energy Conservation Program: Availability of the Interim Technical Support Document for High-Intensity Discharge Lamps
Document Number: 2013-07971
Type: Proposed Rule
Date: 2013-04-05
Agency: Department of Energy
On February 28, 2013, the U.S. Department of Energy (DOE) published a notice of public meeting and availability of the interim technical support document (TSD) for high-intensity discharge (HID) lamps energy conservation standards in the Federal Register. This document announces an extension of the public comment period for submitting comments on the interim TSD or any other aspect of the rulemaking for HID lamps. The comment period is extended to May 17, 2013.
Boards and Committees
Document Number: 2013-07962
Type: Rule
Date: 2013-04-05
Agency: National Aeronautics and Space Administration, Agencies and Commissions
This direct final rule makes nonsubstantive changes to correct and remove citations referenced in NASA's Contract Adjustment Board rule. The revision to this rule is part of NASA's retrospective plan under Executive Order (EO) 13563 completed in August 2011. NASA's full plan and updates can be accessed on the Agency's open Government Web site at https://www.nasa.gov/open/.
Potential Changes to Interlocutory Appeals Process for Adjudicatory Decisions
Document Number: 2013-07960
Type: Proposed Rule
Date: 2013-04-05
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is issuing this Advance Notice of Proposed Rulemaking (ANPR) to begin the process of potentially amending its regulations to change the interlocutory appeals process for certain adjudicatory decisions. The NRC seeks public comment on these potential changes to the interlocutory appeals process.
Community Health Needs Assessments for Charitable Hospitals
Document Number: 2013-07959
Type: Proposed Rule
Date: 2013-04-05
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations that provide guidance to charitable hospital organizations on the community health needs assessment (CHNA) requirements, and related excise tax and reporting obligations, enacted as part of the Patient Protection and Affordable Care Act of 2010. These proposed regulations also clarify the consequences for failing to meet these and other requirements for charitable hospital organizations. These regulations will affect charitable hospital organizations.
Patient Protection and Affordable Care Act; Exchange Functions: Standards for Navigators and Non-Navigator Assistance Personnel
Document Number: 2013-07951
Type: Proposed Rule
Date: 2013-04-05
Agency: Department of Health and Human Services
The proposed regulations would create conflict-of-interest, training and certification, and meaningful access standards applicable to Navigators and non-Navigator assistance personnel in Federally- facilitated Exchanges, including State Partnership Exchanges, and to non-Navigator assistance personnel in State-based Exchanges that are funded through federal Exchange Establishment grants. These proposed standards would help ensure that Navigators and non-Navigator assistance personnel will be fair and impartial and will be appropriately trained, and that they will provide services and information in a manner that is accessible. The proposed regulations would also make two amendments to the existing regulation for Navigators that would apply to all Navigators in all Affordable Insurance Exchanges (Exchanges), including State- based Exchanges, clarifying that any Navigator licensing, certification, or other standards prescribed by the state or Exchange must not prevent the application of the provisions of title I of the Affordable Care Act; and adding to the list of entities ineligible to become Navigators, those entities with relationships to issuers of stop loss insurance, including those who are compensated directly or indirectly by issuers of stop loss insurance in connection with enrollment in Qualified Health Plans or non-Qualified Health Plans. The proposed regulations would also clarify that the same ineligibility criteria that apply to Navigators would also apply to non-Navigator assistance personnel providing services in any Federally-facilitated Exchanges, including in State Consumer Partnership Exchanges, and to federally funded non-Navigator assistance personnel in State-based Exchanges.
Medicare and Medicaid Programs; Survey, Certification and Enforcement Procedures
Document Number: 2013-07950
Type: Proposed Rule
Date: 2013-04-05
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would revise the survey, certification, and enforcement procedures related to CMS oversight of national accreditation organizations (AOs). These revisions would implement certain provisions under the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA). The proposed revisions would also clarify and strengthen our oversight of AOs that apply for, and are granted, recognition and approval of an accreditation program in accordance with the Social Security Act.
Airworthiness Directives; Rolls-Royce plc Turbofan Engines
Document Number: 2013-07935
Type: Proposed Rule
Date: 2013-04-05
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all Rolls-Royce plc (RR) RB211-535E4-B-37 series turbofan engines. This proposed AD was prompted by recalculating the life of certain life limited parts operated to certain flight profiles. This proposed AD would require removal of affected parts using a drawdown plan. We are proposing this AD to prevent the failure of critical rotating parts, which could result in uncontained failure of the engine and damage to the airplane.
Airworthiness Directives; Pratt & Whitney Canada Corp. Turboprop Engines
Document Number: 2013-07934
Type: Proposed Rule
Date: 2013-04-05
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Pratt & Whitney Canada Corp. (P&WC) PW118A, PW118B, PW119B, PW119C, PW123, PW123B, PW123C, PW123D, PW123E, PW123AF, PW124B, PW125B, PW126A, PW127, PW127E, PW127F, PW127G, and PW127M turboprop engines. This proposed AD was prompted by reports of fractures of the 1st stage power turbine (PT) blade. This proposed AD would require inspection of the 1st stage PT blades and the removal from service of those blades that fail the inspection or their replacement with blades eligible for installation. We are proposing this AD to prevent fracture of the 1st stage PT blade, possible engine fire, and damage to the airplane.
Airworthiness Directives; Rolls-Royce plc Turbofan Engines
Document Number: 2013-07931
Type: Proposed Rule
Date: 2013-04-05
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all Rolls-Royce plc (RR) RB211-535E4-37, RB211-535E4-B-37, RB211-535E4-C- 37, and RB211-535E4-B-75 turbofan engines. This proposed AD was prompted by RR updating the low-cycle-fatigue life analysis for the low pressure turbine (LPT) stage 2 discs. This proposed AD would require removal of affected parts using a drawdown plan. We are proposing this AD to prevent LPT stage 2 disc failure, which could result in uncontained engine damage and damage to the airplane.
Airworthiness Directives; Rolls-Royce plc Turbofan Engines
Document Number: 2013-07930
Type: Proposed Rule
Date: 2013-04-05
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Rolls-Royce plc (RR) RB211-524B-02; -524B2-19; -524B3-02; - 524B4-02; -524C2-19; -524D4-19; -524D4-B-19; -524D4-39; -535C-37; - 535E4-37; -535E4-B-37, and -535E4-B-75 turbofan engines, and all RB211- 524G2-19; -524G3-19; -524H2-19; and -524H-36 turbofan engines. This proposed AD was prompted by the discovery of a cracked and distorted front combustion liner (FCL) metering panel, which was made from the wrong material. This proposed AD would require a one-time inspection of the FCL metering panel to determine if it was made from N75 material and replacing it with one made from C263 material if it was made from N75 material. We are proposing this AD to prevent hot gas burning through the engine casing, which could result in an under-cowl fire and damage to the airplane.
Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone
Document Number: 2013-07911
Type: Rule
Date: 2013-04-05
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is amending its regulations requiring safety zones in the Captain of the Port Lake Michigan zone. This rule will amend the rules that restrict vessels from portions of water areas during events that pose a hazard to public safety. The safety zones amended or established by this rule are necessary to protect spectators, participants, and vessels from the hazards associated with various maritime events.
Transportation Worker Identification Credential (TWIC)-Reader Requirements
Document Number: 2013-07910
Type: Proposed Rule
Date: 2013-04-05
Agency: Coast Guard, Department of Homeland Security
The Coast Guard announces a public meeting to take place on May 2, 2013, in Seattle, Washington to receive comments on a notice of proposed rulemaking published in the Federal Register on March 22, 2013, under the title ``Transportation Worker Identification Credential (TWIC)Reader Requirements.'' The Coast Guard encourages members of the public to attend this meeting and provide oral comments on the notice of proposed rulemaking on TWIC reader requirements.
Safety Zones; Swim Events in the Captain of the Port New York Zone; Hudson River, East River, Upper New York Bay, Lower New York Bay; New York, NY
Document Number: 2013-07909
Type: Proposed Rule
Date: 2013-04-05
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish five temporary safety zones for swim events within the Captain of the Port (COTP) New York Zone. These proposed zones will be established on the navigable waters of the Hudson River, East River, Upper New York Bay, and Lower New York Bay. These temporary safety zones are necessary to protect the maritime public and event participants from the hazards associated with these events. Persons and vessels are prohibited from entering into, transiting through, mooring, or anchoring within the safety zones unless authorized by the COTP New York or the designated representative.
Drawbridge Operation Regulations; Pelican Island Causeway, Galveston, Channel, TX
Document Number: 2013-07908
Type: Rule
Date: 2013-04-05
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is temporarily changing the operating schedule that governs the Pelican Island Causeway bridge across Galveston Channel mile 4.5 (GIWW mile 356.1), at Galveston, Texas. The temporary change to the regulations will allow the bridge to remain closed to navigation while major repairs are conducted to the mechanical portions of the bascule span. Failure to complete the repairs in a timely manner may render the bridge completely inoperable for the passage of vessel traffic.
Proposed Establishment of the Big Valley District-Lake County and Kelsey Bench-Lake County Viticultural Areas, and Modification of the Red Hills Lake County Viticultural Area
Document Number: 2013-07882
Type: Proposed Rule
Date: 2013-04-05
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the 11,000-acre Big Valley District-Lake County viticultural area and the 9,100-acre Kelsey Bench-Lake County viticultural area, both in Lake County, California. Additionally, TTB proposes to modify the boundary of the established 31,250-acre Red Hills Lake County viticultural area in order to align its border with that of the proposed Kelsey Bench-Lake County viticultural area. The proposed modification would increase the size of the Red Hills Lake County viticultural area by approximately 7 acres. The proposed viticultural areas and the established viticultural area that are the subject of this proposed rule lie entirely within the existing Clear Lake viticultural area, which, in turn, is within the larger, multicounty North Coast viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on these proposed additions and modification to its regulations.
Political Activity-Federal Employees Residing in Designated Localities
Document Number: 2013-07872
Type: Proposed Rule
Date: 2013-04-05
Agency: Office of Personnel Management
The Office of Personnel Management (OPM) proposes to amend its regulations by granting Federal employees residing in the District of Columbia a partial exemption from the political activity restrictions and adding the District of Columbia to its regulatory list of designated localities. The proposed amendment reflects OPM's determination that the District of Columbia meets the criteria for a partial exemption to issue.
Sexual Assault Prevention and Response (SAPR) Program
Document Number: 2013-07803
Type: Rule
Date: 2013-04-05
Agency: Department of Defense, Office of the Secretary
This part implements Department of Defense (DoD) policy and assigns responsibilities for the SAPR Program on prevention, response, and oversight to sexual assault. It is DoD policy to establish a culture free of sexual assault by providing an environment of prevention, education and training, response capability, victim support, reporting procedures, and accountability that enhances the safety and wellbeing of all persons covered by this regulation.
Endangered and Threatened Wildlife and Plants; Proposed Endangered, Threatened, and Not Warranted Listing Determinations for Six Distinct Population Segments of Scalloped Hammerhead Sharks
Document Number: 2013-07781
Type: Proposed Rule
Date: 2013-04-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In response to a petition submitted by WildEarth Guardians and Friends of Animals to list the species as threatened or endangered, we, NMFS, have completed a comprehensive status review under the Endangered Species Act (ESA) for the scalloped hammerhead shark (Sphyrna lewini). Based on the best scientific and commercial information available, including the status review report (Miller et al., 2013), and other information available since completion of the status review report, we have determined that the species is comprised of six distinct population segments (DPSs) that qualify as species under the ESA: Northwest Atlantic and Gulf of Mexico (NW Atlantic & GOM DPS); Central and Southwest Atlantic (Central & SW Atlantic DPS); Eastern Atlantic DPS; Indo-West Pacific DPS; Central Pacific DPS; and Eastern Pacific DPS. After reviewing the best available scientific and commercial information on the DPSs, we have determined that two DPSs warrant listing as endangered, the Eastern Atlantic and Eastern Pacific DPSs; two DPSs warrant listing as threatened, the Central & SW Atlantic and Indo-West Pacific DPSs; and two DPSs do not warrant listing at this time, the NW Atlantic & GOM DPS and the Central Pacific DPS. Any protective regulations determined to be necessary and advisable for the conservation of the threatened DPSs under ESA section 4(d) would be proposed in a subsequent Federal Register announcement. Should the proposed listings be finalized, we would also designate critical habitat for the species, to the maximum extent prudent and determinable. We solicit information to assist these listing determinations, the development of proposed protective regulations, and designation of critical habitat in the event these proposed DPSs are finally listed.
New Car Assessment Program (NCAP)
Document Number: 2013-07766
Type: Proposed Rule
Date: 2013-04-05
Agency: National Highway Traffic Safety Administration, Department of Transportation
The U.S. New Car Assessment Program (NCAP) provides comparative information on the safety of new vehicles to assist consumers with vehicle purchasing decisions and encourage motor vehicle manufacturers to make safety improvements. To maintain the relevance and effectiveness of NCAP, NHTSA has periodically updated the program, most recently in model year 2011. In response to the rapid development of vehicle safety technologies, especially in the area of crash avoidance, the agency is once again requesting public comments in order to help identify the potential areas for improvement to the program that have the greatest potential for producing safety benefits. This notice lists and describes potential areas of study for improving NCAP. The agency will use the comments it receives to aid it in developing a notice proposing near term upgrades to NCAP. The agency will also use the comments received in response to this notice to help it in developing a draft 5- year plan for the NCAP program outlining research that the agency plans to conduct as well as longer term upgrades it intends to pursue making to NCAP.
Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Revisions to Safety and Environmental Management Systems
Document Number: 2013-07738
Type: Rule
Date: 2013-04-05
Agency: Department of the Interior
This final rule will revise and add several new requirements to regulations for Safety and Environmental Management Systems (SEMS). These requirements pertain to developing and implementing stop work authority (SWA) and ultimate work authority (UWA), requiring an employee participation plan (EPP), and establishing guidelines for reporting unsafe working conditions. The rule establishes additional requirements for conducting job safety analyses (JSA) for activities identified in an operator's SEMS program. In addition, this final rule requires that SEMS programs be audited by an accredited audit service provider (ASP). This rulemaking will further support BSEE's efforts to reduce the occurrence of accidents, injuries, and spills during oil and gas activities on the Outer Continental Shelf (OCS).
National Institutes of Health Loan Repayment Programs
Document Number: 2013-07737
Type: Rule
Date: 2013-04-05
Agency: Department of Health and Human Services
As a part of the Department of Health and Human Services (HHS)'s ongoing retrospective review initiative, the National Institutes of Health (NIH) is rescinding the existing regulations for two of its eight loan repayment programs and issuing in their place a new consolidated set of regulations governing all of the NIH Loan Repayment Programs (LRPs). There are currently eight programs, including three for researchers employed by the NIH (Intramural LRPs) and five for non-NIH scientists (Extramural LRPs). The Intramural LRPs include the Loan Repayment Program for Research with Respect to Acquired Immune Deficiency Syndrome (or AIDS Research LRP); Loan Repayment Program for General Research (or General Research LRP), which includes a program for the Accreditation Council for Graduate Medical Education (ACGME) Fellows; and Loan Repayment Program for Clinical Researchers from Disadvantaged Backgrounds (or Clinical Research LRP for Individuals from Disadvantaged Backgrounds). The Extramural LRPs include the Loan Repayment Program for Contraception and Infertility Research (or Contraception and Infertility Research LRP); Loan Repayment Program for Clinical Researchers from Disadvantaged Backgrounds (or Clinical Research LRP for Individuals from Disadvantaged Backgrounds); Loan Repayment Program for Clinical Research (or Clinical Research LRP); Loan Repayment Program for Pediatric Research (or Pediatric Research LRP); and Loan Repayment Program for Health Disparities Research (or Health Disparities Research LRP).
Definitions of “Predominantly Engaged In Financial Activities” and “Significant” Nonbank Financial Company and Bank Holding Company
Document Number: 2013-07688
Type: Rule
Date: 2013-04-05
Agency: Federal Reserve System, Agencies and Commissions
The Board is adopting this final rule to establish, for purposes of Title I of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act'' or ``Act''), the requirements for determining if a company is ``predominantly engaged in financial activities''; and definitions of the terms ``significant nonbank financial company'' and ``significant bank holding company.'' These terms are relevant to various provisions of Title I of the Dodd-Frank Act, including section 113, which authorizes the Financial Stability Oversight Council (``Council'') to designate a nonbank financial company for supervision by the Board if the Council determines that the nonbank financial company could pose a threat to the financial stability of the United States.
Safety Standard for Soft Infant and Toddler Carriers
Document Number: 2013-07687
Type: Proposed Rule
Date: 2013-04-05
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Danny Keysar Child Product Safety Notification Act, Section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), requires the United States Consumer Product Safety Commission (Commission or CPSC) to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ``substantially the same as'' applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is proposing a safety standard for soft infant and toddler carriers in response to the direction under Section 104(b) of the CPSIA.\1\
Supplemental Nutrition Assistance Program: Nutrition Education and Obesity Prevention Grant Program
Document Number: 2013-07602
Type: Rule
Date: 2013-04-05
Agency: Department of Agriculture, Food and Nutrition Service
This rule amends Supplemental Nutrition Assistance Program (SNAP) regulations to implement Section 28 of the Food and Nutrition Act (``FNA'' or the ``Act'') of 2008, as added by Section 241 of the Healthy, Hunger-Free Kids (HHFK) Act of 2010, to award grants to States for provision of nutrition education and obesity prevention programs. These programs will provide services for eligible individuals that promote healthy food choices consistent with the current Dietary Guidelines for Americans (DGAs). This rule provides State agencies with requirements for implementing Section 28 including the grant award process and describes the process for allocating the 100 percent Federal grant funding authorized under the Act to carry out nutrition education and obesity prevention services each fiscal year.
National Practitioner Data Bank
Document Number: 2013-07521
Type: Rule
Date: 2013-04-05
Agency: Department of Health and Human Services
This final rule revises existing regulations under sections 401-432 of the Health Care Quality Improvement Act of 1986 and section 1921 of the Social Security Act, governing the National Practitioner Data Bank, to incorporate statutory requirements under the Patient Protection and Affordable Care Act of 2010 (Affordable Care Act). The Department of Health and Human Services (HHS) also is removing regulations which implemented the Healthcare Integrity and Protection Data Bank. Section 6403 of the Affordable Care Act, the statutory authority for this regulatory action, was designed to eliminate duplicative data reporting and access requirements between the Healthcare Integrity and Protection Data Bank (HIPDB) (established under section 1128E of the Social Security Act) and the National Practitioner Data Bank (NPDB). It requires the Secretary to establish a transition period to transfer all data in the Healthcare Integrity and Protection Data Bank to the National Practitioner Data Bank, and, once completed, to cease operations of the Healthcare Integrity and Protection Data Bank. Information previously collected and disclosed to eligible parties through the HIPDB will then be collected and disclosed to eligible parties through the NPDB. This regulatory action consolidates the collection and disclosure of information from both data banks into one part of the CFR.
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