April 8, 2013 – Federal Register Recent Federal Regulation Documents

Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction and Operation of a Liquefied Natural Gas Deepwater Port in the Gulf of Mexico
Document Number: 2013-08124
Type: Rule
Date: 2013-04-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS, upon request of Port Dolphin Energy LLC (Port Dolphin), hereby issues regulations pursuant to the Marine Mammal Protection Act (MMPA) to govern the unintentional taking of marine mammals, by harassment, incidental to port construction and operations at its Port Dolphin Deepwater Port in the Gulf of Mexico, over the course of five years; approximately June 2013 through May 2018. These regulations, which allow for the issuance of Letters of Authorization for the incidental take of marine mammals during the described activities and specified timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Redesignation of the Indianapolis Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter
Document Number: 2013-08122
Type: Proposed Rule
Date: 2013-04-08
Agency: Environmental Protection Agency
EPA is issuing a supplement to its proposed approval of the State of Indiana's request to redesignate the Indianapolis area to attainment for the 1997 annual National Ambient Air Quality Standards (NAAQS or standard) for fine particulate matter (PM2.5). This supplemental proposal revises and expands the basis for proposing approval of the state's request, in light of developments since EPA issued its initial proposal on September 27, 2011. This supplemental proposal addresses four issues, including the effects of two decisions of the United States Court of Appeals for the District of Columbia (D.C. Circuit or Court): the Court's August 21, 2012 decision to vacate and remand to EPA the Cross- State Air Pollution Control Rule (CSAPR) and the Court's January 4, 2013 decision to remand to EPA two final rules implementing the 1997 PM2.5 standard. In this supplemental proposal, EPA is also proposing to approve a supplement to the emission inventories previously submitted by the state. EPA is proposing that the inventories for ammonia and Volatile Organic Compounds (VOC), in conjunction with the inventories for nitrogen oxides (NOX), direct PM2.5, and sulfur dioxide (SO2) that EPA previously proposed to approve, meet the comprehensive emissions inventory requirement of the Clean Air Act (CAA). Finally, this supplemental proposal solicits comment on the state's January 17, 2013 submission of Motor Vehicle Emissions Budgets (MVEBs) developed using EPA's Motor Vehicle Emissions Simulator (MOVES) 2010a emissions model to replace the MOBILE6.2 based MVEBs previously submitted as part of the PM2.5 maintenance plan for the Indianapolis area. EPA is seeking comment only on the issues raised in its supplemental proposal, and is not re-opening for comment other issues raised in its prior proposal.
Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards; Public Hearing and Comment Period
Document Number: 2013-08121
Type: Proposed Rule
Date: 2013-04-08
Agency: Environmental Protection Agency
The EPA is announcing two public hearings to be held for the proposed rule ``Control of Air Pollution from Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards'' (the proposed rule is hereinafter referred to as ``Tier 3''), which will be published separately in the Federal Register. The hearings will be held in Philadelphia, PA on April 24, 2013 and in Chicago, IL on April 29, 2013. The comment period for the proposed rulemaking will end on June 13, 2013.
State Implementation Plans: Response to Petition for Rulemaking; Findings of Substantial Inadequacy; and SIP Calls To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction
Document Number: 2013-08118
Type: Proposed Rule
Date: 2013-04-08
Agency: Environmental Protection Agency
The EPA is announcing an extension of the public comment period for its proposal titled, ``State Implementation Plans: Response to Petition for Rulemaking; Findings of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction.'' The EPA has received numerous requests for extension of the comment period beyond the current deadline of April 11, 2013, and one request that it not extend the comment period by an additional 60 to 90 days, and in response to those requests the EPA is extending the comment period by an additional 30 days.
Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of California; PM10
Document Number: 2013-08117
Type: Proposed Rule
Date: 2013-04-08
Agency: Environmental Protection Agency
EPA is proposing to approve, as a revision to the California state implementation plan, the State's request to redesignate the Los Angeles-South Coast Air Basin nonattainment area to attainment, which is currently designated serious nonattainment for the 1987 national ambient air quality standards for particulate matter of ten microns or less. EPA is also proposing to approve the PM10 maintenance plan and the associated motor vehicle emissions budgets for use in transportation conformity determinations necessary for the South Coast area. Finally, EPA is proposing to approve the attainment year emissions inventory. EPA is proposing these actions because the SIP revision meets the requirements of the Clean Air Act and EPA guidance for such plans and motor vehicle emissions budgets.
Proposed Establishment of Class E Airspace; Leesburg, VA
Document Number: 2013-08087
Type: Proposed Rule
Date: 2013-04-08
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E surface airspace at Leesburg, VA, to aid Potomac TRACON in the safe and orderly flow of air traffic at Leesburg Executive Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
IFR Altitudes; Miscellaneous Amendments
Document Number: 2013-08081
Type: Rule
Date: 2013-04-08
Agency: Federal Aviation Administration, Department of Transportation
This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.
Energy Conservation Program: Energy Conservation Standards for Residential Clothes Dryers and Room Air Conditioners
Document Number: 2013-08074
Type: Proposed Rule
Date: 2013-04-08
Agency: Department of Energy
This proposed rule would correct the energy conservation standards for room air conditioners. In the direct final rule establishing amended energy conservation standards for residential clothes dryers and room air conditioners, published in the Federal Register on April 21, 2011, and the subsequent notices of effective date and compliance dates for the direct final rule and amendment of compliance dates, published on August 24, 2011, the Department of Energy (DOE) erroneously specified the maximum cooling capacity for product class 5a for room air conditioners without reverse cycle and with louvered sides as 24,999 British thermal units per hour (Btu/h), and the minimum cooling capacity for product class 5b for room air conditioners without reverse cycle and with louvered sides as 25,000 Btu/h, rather than 27,999 Btu/h and 28,000 Btu/h, respectively.
Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Test Procedures for Showerheads, Faucets, Water Closets, Urinals, and Commercial Prerinse Spray Valves
Document Number: 2013-08073
Type: Proposed Rule
Date: 2013-04-08
Agency: Department of Energy
The U.S. Department of Energy (DOE) proposes amendments to its May 2012 notice of proposed rulemaking related to DOE test procedures for showerheads, faucets, water closets, urinals, and commercial prerinse spray valves. The amendments proposed in this supplemental notice of proposed rulemaking include revisions to the definitions of showerhead and hand-held showerhead; removal of body sprays from the proposed showerhead definition; requirements pertaining to testing of showerheads that are components of shower towers; a standardized test method to be used when verifying the mechanical retention of a showerhead flow control insert when subjected to 8 pounds force; clarification of permissible trim adjustments for tank-type water closets; and amendments to the required static test pressures to be used when testing flushometer valve siphonic and blowout water closets. DOE also proposes further clarification of the definition of basic model with respect to flushometer valve water closets and urinals, as well as associated changes to certification reporting requirements for these products.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2013-08048
Type: Proposed Rule
Date: 2013-04-08
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This proposed AD was prompted by a determination that certain flap actuators require restoration by installing a redesigned flap actuator inboard pinion seal. This proposed AD would require revising the maintenance program by incorporating new airworthiness limitation tasks. We are proposing this AD to prevent flap system failure, and consequent reduced landing performance of the airplane.
Special Local Regulations; Marine Events, Potomac River; National Harbor Access Channel, MD
Document Number: 2013-08040
Type: Proposed Rule
Date: 2013-04-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish special local regulations during the ``Swim Across the Potomac'' swimming competition, to be held on the waters of the Potomac River on June 2, 2013. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Potomac River during the event.
Safety Zones; Marine Week Air Ground Demonstration, Lake Washington; Seattle, WA
Document Number: 2013-08039
Type: Proposed Rule
Date: 2013-04-08
Agency: Coast Guard, Department of Homeland Security
The U.S. Coast Guard proposes to establish safety zones around vessels and persons involved in the Marine Week Seattle Special Marine Air Ground Task Force Demonstration on Lake Washington, Seattle, WA. This event will occur from August 9, 2013, until August 11, 2013. A safety zone is necessary to ensure the safety of the maritime public during this event, which involves demonstrations of low flying aircraft, amphibious vehicles, swimmers, combat equipment, and other elements that could create safety concerns for waterway users. This safety zone would ensure the safety of the maritime public by prohibiting any person or vessel from entering or remaining in the safety zone unless authorized by the Captain of the Port (COTP) or a Designated Representative.
Safety Zone; San Francisco Giants Fireworks Display, San Francisco, CA
Document Number: 2013-08038
Type: Rule
Date: 2013-04-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the safety zone for the San Francisco Giants Fireworks Display in the Captain of the Port, San Francisco area of responsibility during the dates and times noted below. This action is necessary to protect life and property of the maritime public from the hazards associated with the fireworks display. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM).
Data Specifications for Collecting Study Area Boundaries
Document Number: 2013-08030
Type: Rule
Date: 2013-04-08
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Wireline Competition Bureau adopts modifications to the data specifications for collecting study area boundaries for purposes of implementing various reforms. The original specifications were adopted in the Commission's Connect America Fund; High-Cost Universal Service Support, Report and Order, (Study Area Boundary Order), released on November 6, 2012.
Designation of Product Categories for Federal Procurement; Withdrawal
Document Number: 2013-08026
Type: Rule
Date: 2013-04-08
Agency: Department of Agriculture, Office of Procurement and Property Management
The U.S. Department of Agriculture (USDA) is withdrawing the final rule ``Designation of Product Categories for Federal Procurement'' published April 1, 2013, at 78 FR 19393. The final rulemaking, which amended the Guidelines for Designating Biobased Products for Federal Procurement, to add eight sections to designate product categories within which biobased products will be afforded Federal procurement preference, was published prematurely due to an oversight in the development process.
Solicitation of Federal Civilian and Uniformed Service Personnel for Contributions to Private Voluntary Organizations
Document Number: 2013-08017
Type: Proposed Rule
Date: 2013-04-08
Agency: Office of Personnel Management
The United States Office of Personnel Management (OPM) is issuing a proposed rule to amend the Combined Federal Campaign (CFC) regulations in order to strengthen the integrity, streamline the operations and increase the effectiveness of the program to ensure its continued growth and success.
Approval and Promulgation of Implementation Plans; Mississippi; 110(a)(2)(E)(ii) Infrastructure Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards
Document Number: 2013-07975
Type: Rule
Date: 2013-04-08
Agency: Environmental Protection Agency
EPA is taking final action to approve in part, and disapprove in part, the State Implementation Plan (SIP) submission, provided by the Mississippi Department of Environmental Quality (MDEQ), on October 11, 2012. This submission pertains to specific Clean Air Act (CAA) requirements for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS) infrastructure SIPs. This action focuses on one component of the infrastructure requirements in the CAA. The CAA requires states to include provisions in their SIP to address conflicts of interest for state boards or bodies that approve CAA permits and enforcement orders and disclosure of conflict of interest requirements. Specifically, EPA is now approving the submission as it relates to the public interest requirements of CAA and the conflict of interest disclosure provisions. EPA is also now disapproving Mississippi's submission only as it pertains to compliance with the significant portion of income requirements of the CAA. Through this action, EPA is only taking action on the infrastructure SIP requirement related to Mississippi's obligation to address conflicts of interest requirements for state boards or bodies that approve CAA permits and enforcement orders and disclosure of conflict of interest requirements. All other applicable Mississippi infrastructure elements for the 1997 annual and 2006 24- hour PM2.5 NAAQS have been addressed through separate rulemakings. EPA is also taking action to finalize substantive SIP revisions included with MDEQ's October 11, 2012, submission.
Dual and Multiple Associations of Persons Associated With Swap Dealers, Major Swap Participants and Other Commission Registrants
Document Number: 2013-07755
Type: Rule
Date: 2013-04-08
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (Commission or CFTC) is adopting regulations to make clear that each swap dealer (SD), major swap participant (MSP), and other Commission registrant with whom an associated person (AP) is associated is required to supervise the AP and is jointly and severally responsible for the activities of the AP with respect to customers common to it and any other SD, MSP or other Commission registrant.
Swap Dealers and Major Swap Participants; Clerical or Ministerial Employees
Document Number: 2013-07538
Type: Proposed Rule
Date: 2013-04-08
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (Commission or CFTC) is proposing to amend its regulations (Proposal) to clarify certain responsibilities of a swap dealer (SD) or major swap participant (MSP) regarding its employees who solicit, accept or effect swaps in a clerical or ministerial capacity.
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