April 10, 2013 – Federal Register Recent Federal Regulation Documents

Dinotefuran; Pesticide Tolerances
Document Number: 2013-08400
Type: Rule
Date: 2013-04-10
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of dinotefuran in or on all food/feed items (other than those covered by a higher tolerance as a result of use on growing crops) in food/feed handling establishments. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Approval and Promulgation of Implementation Plans; State of Missouri; Infrastructure SIP Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards
Document Number: 2013-08399
Type: Proposed Rule
Date: 2013-04-10
Agency: Environmental Protection Agency
EPA is proposing action on four Missouri State Implementation Plan (SIP) submissions. First, EPA is proposing to approve portions of two SIP submissions from the State of Missouri addressing the applicable requirements of Clean Air Act (CAA) for the 1997 and 2006 National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5). The CAA requires that each state adopt and submit a SIP to support implementation, maintenance, and enforcement of each new or revised NAAQS promulgated by EPA. These SIPs are commonly referred to as ``infrastructure'' SIPs. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. EPA is also proposing to approve two additional SIP submissions from Missouri, one addressing the Prevention of Significant Deterioration (PSD) program in Missouri, and another addressing the requirements applicable to any board or body which approves permits or enforcement orders of the CAA, both of which support requirements associated with infrastructure SIPs.
Approval and Promulgation of Implementation Plans; New York State Ozone Implementation Plan Revision
Document Number: 2013-08398
Type: Proposed Rule
Date: 2013-04-10
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a revision to the New York State Implementation Plan (SIP) for ozone concerning the control of oxides of nitrogen. The proposed SIP revision consists of amendments to Title 6 of the New York Codes, Rules and Regulations Part 200, ``General Provisions,'' Part 212, ``General Process Emission Sources,'' Part 220, ``Portland Cement Plants and Glass Plants,'' and Subpart 227-2, ``Reasonably Available Control Technology (RACT) For Major Facilities of Oxides of Nitrogen (NOx).'' The intended effect of this action is to approve control strategies, required by the Clean Air Act, which will result in emission reductions that will help attain and maintain the national ambient air quality standards for ozone.
Special Local Regulations; Patriot Challenge Kayak Race, Ashley River; Charleston, SC
Document Number: 2013-08392
Type: Rule
Date: 2013-04-10
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a special local regulation for the Patriot Challenge Kayak Race in Charleston, SC. The race will take place on April 13, 2013, on the Ashley River. This special local regulation is necessary to insure the safety of life on navigable waters of the United States during the race. The special local regulation will temporarily restrict vessel traffic in a portion of the Ashley River, preventing non-participant vessels from entering the regulated areas.
Grants to States for Construction or Acquisition of State Homes
Document Number: 2013-08366
Type: Rule
Date: 2013-04-10
Agency: Department of Veterans Affairs
This interim final rule amends the Department of Veterans Affairs (VA) regulation on the prioritization of State applications for VA grants for the construction or acquisition of State home facilities that furnish domiciliary, nursing home, or adult day health care to veterans. As amended, the regulation gives preference to State applications that would use grant funds solely or primarily (under certain circumstances) to remedy cited life or safety deficiencies. This rulemaking also makes certain necessary technical amendments to regulations governing State home grants.
Energy Conservation Program for Consumer Products: Association of Home Appliance Manufacturers Petition for Reconsideration
Document Number: 2013-08350
Type: Rule
Date: 2013-04-10
Agency: Department of Energy
This document announces the U.S. Department of Energy's (DOE) denial of a petition from the Association of Home Appliance Manufacturers (AHAM) requesting reconsideration of DOE's final rule to amend the test procedures for residential dishwashers, dehumidifiers, and conventional cooking products, as well as the direct final rule to amend energy conservation standards for dishwashers.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2013-08342
Type: Proposed Rule
Date: 2013-04-10
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 767-200, -300, -300F, and -400ER series airplanes. This proposed AD was prompted by reports of cracked and corroded nuts on an outboard flap support rib. This proposed AD would require, for certain airplanes, repetitive inspections of the cap seal for damaged sealant on nuts common to certain outboard flap support ribs, related investigative and corrective actions if necessary, and replacement of all fasteners in the support ribs, which terminates the repetitive inspections. For certain other airplanes, this proposed AD would require repetitive inspections of the cap seal for damaged sealant on nuts common to certain outboard flap support ribs, related investigative and corrective actions if necessary, and if necessary, a detailed inspection to determine the nut type installed in the outboard flap support rib and corrective actions; for these airplanes, this proposed AD provides optional replacement of all fasteners in the support ribs, which would terminate the repetitive inspections. We are proposing this AD to detect and correct cracked and corroded nuts and bolts and the installation of incorrect nuts on certain outboard flap support ribs, which could lead to additional nut and bolt damage in the joint, and result in loss of an outboard flap, and adversely affect continued safe flight and landing of the airplane.
Continuity of Operations Plan
Document Number: 2013-08341
Type: Rule
Date: 2013-04-10
Agency: Department of Energy, Federal Energy Regulatory Commission
In this Final Rule the Commission revises its Continuity of Operations Plan regulations to revise its hierarchy of delegation of Commission authority during emergency conditions, principally to ensure that, during emergency conditions, there are staff members located outside the National Capital Region to whom authority is delegated.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2013-08335
Type: Proposed Rule
Date: 2013-04-10
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) that applies to certain The Boeing Company Model 737-100 and -200 series airplanes. The existing AD currently requires replacement of certain underwing fuel tank access covers with stronger, fire-resistant covers. Since we issued that AD, we received reports of standard access doors installed where impact resistant access doors are required and reports of impact resistant doors without stencils. This proposed AD would require inspecting fuel tank access doors to determine that impact resistant access doors are installed in the correct locations, inspecting application of stencils and index markers of impact resistant access doors, corrective actions if necessary, revising the maintenance program, and adding airplanes to the applicability. We are proposing this AD to prevent foreign object penetration of the wing tank, which could lead to a fuel leak near ignition sources (engine, hot brakes), consequently leading to a fuel-fed fire.
Medicare and State Health Care Programs: Fraud and Abuse; Electronic Health Records Safe Harbor Under the Anti-Kickback Statute
Document Number: 2013-08314
Type: Proposed Rule
Date: 2013-04-10
Agency: Department of Health and Human Services, Office of Inspector General
In this proposed rule, the Office of Inspector General (OIG) proposes to amend the safe harbor regulation concerning electronic health records items and services, which defines certain conduct that is protected from liability under the Federal anti-kickback statute in the Social Security Act (the Act). The proposed amendments include an update to the provision under which electronic health records software is deemed interoperable; removal of the electronic prescribing capability requirement; and extension of the sunset provision. In addition, OIG is requesting public comment on other changes it is considering.
Medicare Program; Physicians' Referrals to Health Care Entities With Which They Have Financial Relationships: Exception for Certain Electronic Health Records Arrangements
Document Number: 2013-08312
Type: Proposed Rule
Date: 2013-04-10
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would revise the exception to the physician self-referral prohibition for certain arrangements involving the donation of electronic health records items and services. Specifically, it would extend the sunset date of the exception, remove the electronic prescribing capability requirement, and update the provision under which electronic health records technology is deemed interoperable. In addition, we are requesting public comment on other changes we are considering.
Safety Zone; Lubbers Cup Regatta; Spring Lake, MI
Document Number: 2013-08311
Type: Rule
Date: 2013-04-10
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on Spring Lake in Spring Lake, Michigan. This safety zone is intended to restrict vessels from a portion of Spring Lake due to the Lubbers Cup Regatta. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with a race competition involving 60-foot rowing vessels.
Final Flood Elevation Determinations
Document Number: 2013-08293
Type: Rule
Date: 2013-04-10
Agency: Federal Emergency Management Agency, Department of Homeland Security
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).
Final Flood Elevation Determinations
Document Number: 2013-08292
Type: Rule
Date: 2013-04-10
Agency: Federal Emergency Management Agency, Department of Homeland Security
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).
Radio Broadcasting Services; Matagorda, TX
Document Number: 2013-08282
Type: Proposed Rule
Date: 2013-04-10
Agency: Federal Communications Commission, Agencies and Commissions
In this document the Commission requests comment on a petition filed by Tejas Broadcasting Ltd., LLP (``Petitioner''), licensee of FM Station KMJR, Channel 252C2, Odem, Texas. Petitioner proposes to amend the FM Table of Allotments by substituting Channel 291A for vacant Channel 252A, at Matagorda. The proposal is part of a contingently filed ``hybrid'' application and rule making petition. Channel 291A can be allotted at Matagorda, Texas, in compliance with the Commission's minimum distance separation requirements, at city reference coordinates of 28-41-25 NL and 95-58-02 WL, without site restriction. Concurrence by the Government of Mexico is required because Matagorda, Texas, is located within 320 kilometers (199 miles) of the U.S.-Mexican border. See Supplementary Information infra.
Approval and Promulgation of Implementation Plans; New Jersey; Infrastructure SIP for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter Standards
Document Number: 2013-08238
Type: Proposed Rule
Date: 2013-04-10
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve most elements of New Jersey's State Implementation Plan (SIP) revisions submitted to demonstrate that the State meets the requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA) for the 1997 8-hour ozone and the 1997 and 2006 fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). EPA is proposing to conditionally approve certain elements of the submittals, as well as to find that certain elements of New Jersey's submittals do not meet section 110(a)(2) requirements with existing State rules. 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 the EPA and is commonly referred to as an infrastructure SIP.
Definition of Factual Information and Time Limits for Submission of Factual Information
Document Number: 2013-08227
Type: Rule
Date: 2013-04-10
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the Department) is modifying its regulations, which define ``factual information'' and establish time limits for the submission of factual information in antidumping (AD) and countervailing duty (CVD) proceedings. The modifications to the definition of factual information more clearly describe the types of information that can be submitted by a person or placed on the record by the Department in a segment of the proceeding. The modifications to the time limits enable the Department to efficiently determine the type of information being submitted and whether it is timely filed; they also ensure that the Department has sufficient opportunity to review submissions of factual information.
Station Blackout Mitigation Strategies
Document Number: 2013-08216
Type: Proposed Rule
Date: 2013-04-10
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is requesting comment on the draft regulatory basis document to support the potential amendment of its regulations concerning nuclear power plant licensees' station blackout mitigation strategies. Appendix A of the draft regulatory basis provides a discussion of rule language concepts that the NRC staff is considering for this potential rulemaking. In addition, Appendix A contains a set of questions soliciting stakeholder feedback in areas that would support the NRC staff in developing a proposed rule. The issuance of this draft regulatory basis document is one of the actions stemming from the NRC's lessons-learned efforts associated with the March 2011 Fukushima Dai-ichi Nuclear Power Plant accident in Japan.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2013-08085
Type: Rule
Date: 2013-04-10
Agency: Federal Aviation Administration, Department of Transportation
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.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2013-08082
Type: Rule
Date: 2013-04-10
Agency: Federal Aviation Administration, Department of Transportation
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.
Airworthiness Directives; Airbus Airplanes
Document Number: 2013-08068
Type: Rule
Date: 2013-04-10
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Airbus Model A318, A319, and A320 series airplanes. This AD was prompted by fuel system reviews conducted by the manufacturer, which revealed that certain fuel pumps under certain conditions can create an ignition source in the fuel tank. This AD requires modification of the center tank fuel pump control circuit by installation of ground fault interrupters (GFIs). This AD would also require either replacement of the GFI or deactivation of the associated fuel pump following failure of any post-modification operational test of the GFI. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Airworthiness Directives; Airbus Airplanes
Document Number: 2013-08047
Type: Rule
Date: 2013-04-10
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Airbus Model A330-200, A330-200 Freighter, A330-300, A340-200, and A340-300 series airplanes; and Model A340-541 airplanes and Model A340- 642 airplanes. This AD was prompted by reports of cracks in the bogie pivot pin caused by material heating due to friction between the bogie pivot pin and bush, leading to chrome detachment and chrome dragging on the bogie pivot pin. This AD requires repetitive detailed inspections for degradation of the bogie pivot pins and for any cracks and damage of the pivot pin bushes of the main and central landing gear; a magnetic particle inspection of the affected bogie pivot pins for corrosion and base metal cracks; and repairing or replacing bogie pivot pins and pivot pin bushes, if necessary. We are issuing this AD to detect and correct cracks and damage to the main and central landing gear, which could result in the collapse of the landing gear and adversely affect the airplane's continued safe flight and landing.
Unlicensed National Information Infrastructure (U-NII) Devices in the 5 GHz Band
Document Number: 2013-08033
Type: Proposed Rule
Date: 2013-04-10
Agency: Federal Communications Commission, Agencies and Commissions
This document proposes to amend the Commission's rules governing the operation of Unlicensed National Information Infrastructure (U-NII) devices in the 5 GHz band. The Commission has gained much experience with U-NII devices since it first made spectrum available in the 5 GHz band for U-NII in 1997. The Commission believes that the time is now right to revisit the rules. The initiation of this proceeding satisfies the requirements of the ``Middle Class Tax Relief and Job Creation Act of 2012'' which requires the Commission to begin a proceeding to modify the rules to allow unlicensed U-NII devices to operate in the 5350-5470 MHz band. The Commission believes that an increase in capacity gained from 195 megahertz of additional spectrum, combined with the ease of deployment and operational flexibility provided by its U-NII rules would continue to foster the development of new and innovative unlicensed devices, and increase wireless broadband access and investment.
Airworthiness Directives; Eurocopter France Helicopters
Document Number: 2013-07932
Type: Rule
Date: 2013-04-10
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for Eurocopter France EC130B4 helicopters. This AD requires visually checking the center windscreen panel (center windscreen) for a crack and replacing the center windscreen if there is a crack, if the windscreen distorts during flight, or within 12 months. This AD was prompted by in-flight cracking and failure of a center windscreen. The actions of this AD are intended to detect a crack in the blending radii of the center windscreen to prevent failure of the windscreen, injury to the flight crew, and subsequent loss of control of the helicopter.
Disclosure of Consumer Complaint Data
Document Number: 2013-07569
Type: Rule
Date: 2013-04-10
Agency: Bureau of Consumer Financial Protection
The Bureau of Consumer Financial Protection (Bureau) is issuing a final policy statement (Policy Statement) to provide guidance on how the Bureau plans to exercise its discretion to publicly disclose certain consumer complaint data that do not include personally identifiable information. The Bureau receives complaints from consumers under the terms of Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The Policy Statement also identifies additional ways that the Bureau may disclose consumer complaint data but as to which it will conduct further study before finalizing its position.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2013-03903
Type: Rule
Date: 2013-04-10
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 757 airplanes equipped with Rolls- Royce RB211-535E engines. That AD currently requires repetitive inspections for signs of damage of the aft hinge fittings and attachment bolts of the thrust reversers, and related investigative and corrective actions if necessary. The existing AD also provides for an optional terminating modification for the repetitive inspections. For certain airplanes, this new AD adds a one-time inspection of the washers installed under the attachment bolts of the aft hinge fittings for correct installation sequence, and reinstallation if necessary. This new AD also adds an option for installing a redesigned aft hinge fitting with the trim already done, instead of trimming an existing or new hinge fitting, which is included in the existing optional terminating modification. This AD was prompted by reports of incorrectly installed washers under the attachment bolts of the aft hinge fittings of the thrust reversers. We are issuing this AD to prevent failure of the attachment bolts and consequent separation of a thrust reverser from the airplane during flight, which could result in structural damage to the airplane.
Shelter for the Homeless
Document Number: 2013-03420
Type: Rule
Date: 2013-04-10
Agency: Department of Defense, Office of the Secretary
The Department of Defense is updating current policies and procedures for the Defense Shelter for the Homeless Program. This direct final rule makes nonsubstantive changes to the existing rule for this program. The amendments correct the authority citation throughout the text, update organizational titles, and move procedures from the policy section into a separate procedures section. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary.
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