April 16, 2013 – Federal Register Recent Federal Regulation Documents

Cost Recovery for Permit Processing, Administration, and Enforcement
Document Number: C1-2013-06950
Type: Proposed Rule
Date: 2013-04-16
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
Document Number: 2013-08914
Type: Rule
Date: 2013-04-16
Agency: Department of Defense, Department of the Navy
The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS CORONADO (LCS 4) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.
Airworthiness Directives; Airbus Airplanes
Document Number: 2013-08909
Type: Proposed Rule
Date: 2013-04-16
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede two existing airworthiness directives (ADs) that apply to certain Airbus Model A330-200, A330-200 Freighter, A300-300, A340-200, A340-300, A340-500, and A340-600 series airplanes. One existing AD currently requires revising the airplane flight manual (AFM) to include appropriate operational procedures to prevent the air data inertial reference unit (ADIRU) from providing erroneous data to other airplane systems. The other existing AD currently requires revising the AFM to provide appropriate operational procedures to prevent the airplane flight directors (FDs), autopilot (AP), and auto- thrust re-engagement in the event of airspeed sources providing similar but erroneous data. Since we issued that AD, we have determined that new software standards for the flight control primary computers (FCPCs) are necessary to inhibit autopilot re-engagement under unreliable airspeed conditions. This proposed AD would require that operators modify or replace all three FCPCs with new software standards. This proposed AD would also remove certain airplanes from the applicability. We are proposing this AD to prevent autopilot engagement under unreliable airspeed conditions, which could result in reduced controllability of the airplane.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2013-08908
Type: Proposed Rule
Date: 2013-04-16
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) that applies to all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The existing AD currently requires repetitive inspections for cracking in and around the upper and lower hinge cutouts of the forward entry and forward galley service doorways, and corrective actions if necessary. Since we issued that AD, we have received multiple reports of cracks in the skin and/or bear strap at the forward galley service doorway hinge cutouts, and multiple reports of cracking under the repairs installed at the hinge cutouts. This proposed AD would reduce the inspection threshold for cracking in and around the galley service doorway hinge cutouts, add inspections of certain repaired structure at the forward entry and galley service doorway upper and lower hinge cutouts, expand the inspection area at the forward entry and galley service doorway upper and lower hinge cutouts, and remove certain airplanes from the applicability. We are proposing this AD to detect and correct such cracking, which could result in rapid decompression of the airplane.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2013-08904
Type: Proposed Rule
Date: 2013-04-16
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) that applies to certain The Boeing Company Model 747-400 and -400D series airplanes. The existing AD currently requires repetitive inspections to detect cracks in the floor panel attachment fastener holes of the Section 41 upper deck floor beam upper chords, and corrective actions if necessary; and repetitive post-repair and post- modification inspections, and corrective actions if necessary. Since we issued that AD, an evaluation by the design approval holder (DAH) indicated that certain upper chords of the upper deck floor beam are subject to widespread fatigue damage (WFD). A replacement was developed to support the airplane's limit of validity (LOV) of the engineering data that support the established structural maintenance program. This proposed AD would add repetitive inspections of Section 44 upper deck floor beam upper chords, and corrective actions if necessary; repetitive post-repair and post-modification inspections, and corrective actions if necessary; and replacing the upper deck floor beam upper chords. We are proposing this AD to detect and correct fatigue cracking in certain upper chords of the upper deck floor beam, which could become large and cause the floor beams to become severed and result in rapid decompression or reduced controllability of the airplane.
Special Regulations; Areas of the National Park System; Yellowstone National Park; Winter Use
Document Number: 2013-08893
Type: Proposed Rule
Date: 2013-04-16
Agency: Department of the Interior, National Park Service
The National Park Service is proposing this rule to establish a management framework that allows the public to experience the unique winter resources and values at Yellowstone National Park. This rule includes provisions that allow greater flexibility for commercial tour operators, provide mechanisms to make the park cleaner and quieter than what has been authorized during the previous four winter seasons, reward oversnow vehicle innovations and technologies, and allow increases in visitation. It also would require snowmobiles and snowcoaches operating in the park to meet air and sound emission requirements and be accompanied by a guide.
Negotiated Rulemaking Committee; Public Hearings
Document Number: 2013-08891
Type: Proposed Rule
Date: 2013-04-16
Agency: Department of Education
In May 2012, we announced our intention to establish a negotiated rulemaking committee to prepare proposed regulations for the Federal Student Aid programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA) (title IV Federal Student Aid programs). We now announce additional topics for consideration for action by that committee. We also announce three public hearings at which interested parties may comment on the new topics suggested by the Department and may suggest additional topics for consideration for action by the negotiated rulemaking committee. For anyone unable to attend a public hearing, the Department will accept written comments.
Implementing the Freedom of Information Act
Document Number: 2013-08890
Type: Proposed Rule
Date: 2013-04-16
Agency: National Foundation on the Arts and the Humanities, Agencies and Commissions, Institute of Museum and Library Services
This rule proposes to implement IMLS's regulations under the Freedom of Information Act (FOIA). The regulations both describe how IMLS processes requests for records under FOIA and reaffirm the agency's commitment to providing the fullest possible disclosure of records to the public. The agency is implementing the regulations to replace its existing joint regulations as part of the National Foundation on the Arts and the Humanities, and to update, clarify, and streamline the language of several procedural provisions, while incorporating changes brought about by amendments to the FOIA.
List of Approved Spent Fuel Storage Casks: HI-STORM 100, Amendment No. 8; Corrections
Document Number: 2013-08889
Type: Rule
Date: 2013-04-16
Agency: Nuclear Regulatory Commission, Agencies and Commissions
On February 17, 2012 (77 FR 9515), the U.S. Nuclear Regulatory Commission (NRC) published a direct final rule amending its spent fuel storage regulations by revising the Holtec International, Inc. (Holtec) HI-STORM 100 Cask System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 8 to Certificate of Compliance (CoC) No. 1014. The direct final rule was effective on May 2, 2012 (77 FR 24585; April 25, 2012). The NRC has made non-substantive corrections to the technical specifications (TS) and the NRC's Safety Evaluation Report (SER) for the Holtec HI-STORM 100 Cask System, Amendment No. 8. The purpose of this document is to provide notification that the NRC is amending its regulations by revising the Holtec HI-STORM 100 Cask System listing within the ``List of Approved Spent Fuel Storage Casks'' to include notification that Amendment No. 8 to CoC No. 1014 was corrected on November 16, 2012.
Appliance Standards and Rulemaking Federal Advisory Committee: Notice of Open Meeting for the Commercial HVAC, WH, and Refrigeration Certification Working Group and Announcement of Working Group Members To Negotiate Commercial Certification Requirements for Commercial HVAC, WH, and Refrigeration Equipment
Document Number: 2013-08872
Type: Proposed Rule
Date: 2013-04-16
Agency: Department of Energy
This notice announces an open meeting of the Commercial Heating, Ventilation, and Air-conditioning (HVAC), Water Heating (WH), and Refrigeration Certification Working Group (Commercial Certification Group). The purpose of the Commercial Certification Group is to undertake a negotiated rulemaking to discuss and, if possible, reach consensus on proposed certification requirements for commercial HVAC, WH, and refrigeration equipment, as authorized by the Energy Policy and Conservation Act of 1975, as amended, 42 U.S.C. 6313(a)(6)(C) and 6317(a).
Infant Formula: The Addition of Minimum and Maximum Levels of Selenium to Infant Formula and Related Labeling Requirements
Document Number: 2013-08855
Type: Proposed Rule
Date: 2013-04-16
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is proposing to amend the regulations on nutrient specifications and labeling for infant formula to add the mineral selenium to the list of required nutrients and to establish minimum and maximum levels of selenium in infant formula.
Endangered and Threatened Wildlife and Plants; Listing as Endangered and Threatened and Designation of Critical Habitat for Texas Golden Gladecress and Neches River Rose-Mallow
Document Number: 2013-08848
Type: Proposed Rule
Date: 2013-04-16
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the September 11, 2012, proposed endangered status for the Texas golden gladecress and threatened status for the Neches River rose-mallow under the Endangered Species Act of 1973, as amended (Act). We also announce the reopening of comment on the September 11, 2012, proposed designation of critical habitat for these species and the availability of a draft economic analysis of the proposed designation of critical habitat for both species as well as an amended required determinations section in the proposed rule. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated draft economic analysis, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.
Proposed Priorities, Requirements, Definitions, and Selection Criteria-Race to the Top-District [CFDA Number: 84.416.]
Document Number: 2013-08847
Type: Proposed Rule
Date: 2013-04-16
Agency: Department of Education
The Secretary proposes priorities, requirements, definitions, and selection criteria under the Race to the TopDistrict program. The Secretary may use one or more of these priorities, requirements, definitions, and selection criteria for competitions using funds from fiscal year (FY) 2013 and later years. The Race to the TopDistrict program builds on the experience of States and districts in implementing reforms in the four core educational assurance areas through Race to the Top and other key programs and supports applicants that demonstrate how they can personalize education for all students in their schools. The U.S. Department of Education (Department) conducted one competition under the Race to the TopDistrict program in FY 2012, and we propose to maintain the overall purpose and structure of the FY 2012 Race to the TopDistrict competition. These proposed priorities, requirements, definitions, and selection criteria are almost identical to the ones we used in the FY 2012 competition. We describe the changes at the beginning of each section of this document.
Common Crop Insurance Regulations; Florida Citrus Fruit Crop Insurance Provisions; Correction
Document Number: 2013-08846
Type: Rule
Date: 2013-04-16
Agency: Department of Agriculture, Federal Crop Insurance Corporation
This document contains corrections to the final regulation that was published Friday, December 21, 2012. The regulation pertains to the insurance of Florida Citrus Fruit.
Drawbridge Operation Regulations; Taunton River, Fall River and Somerset, MA
Document Number: 2013-08843
Type: Rule
Date: 2013-04-16
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is issuing a temporary deviation from the regulation governing the operation of the Brightman Street Bridge across the Taunton River, mile 1.8, between Fall River and Somerset, Massachusetts. The deviation is necessary to facilitate power equipment upgrades. During this temporary deviation, the bridge may remain in the closed position for five hours.
Designation of Areas for Air Quality Planning Purposes; State of Nevada; Total Suspended Particulate
Document Number: 2013-08840
Type: Proposed Rule
Date: 2013-04-16
Agency: Environmental Protection Agency
EPA is proposing to delete certain area designations for total suspended particulate within the State of Nevada because the designations are no longer necessary. These designations relate to the attainment or unclassifiable areas for total suspended particulate in Clark County as well as the following nonattainment areas for total suspended particulate elsewhere within the State of Nevada: Carson Desert, Winnemucca Segment, Lower Reese Valley, Fernley Area, Mason Valley, and Clovers Area. EPA is proposing this action under the Clean Air Act.
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; The 2002 Base Year Emissions Inventory for the West Virginia Portion of the Steubenville-Weirton, OH-WV Nonattainment Area for the 1997 Fine Particulate Matter National Ambient Air Quality Standard
Document Number: 2013-08835
Type: Rule
Date: 2013-04-16
Agency: Environmental Protection Agency
EPA is approving the 2002 base year emissions inventory portion of the West Virginia State Implementation Plan (SIP) revision submitted by the State of West Virginia, through the West Virginia Department of Environmental Protection (WVDEP), on June 24, 2009 for the Steubenville-Weirton, OH-WV nonattainment area (the Steubenville- Weirton Area) for the 1997 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS). The emissions inventory is part of a SIP revision that was submitted to meet West Virginia's nonattainment requirements related to the Steubenville-Weirton Area. EPA is approving the 2002 base year PM2.5 emissions inventory in accordance with the requirements of the Clean Air Act (CAA).
Amendment of Class E Airspace; St. Helena, CA
Document Number: 2013-08826
Type: Rule
Date: 2013-04-16
Agency: Federal Aviation Administration, Department of Transportation
This action changes the name of the heliport listed in the Class E airspace for St. Helena, CA. St. Helena Fire Department Heliport has been changed to Napa County Fire Department Heliport, St. Helena, CA. This action does not change the boundaries of the airspace.
Amendment of Class E Airspace; Astoria, OR
Document Number: 2013-08825
Type: Rule
Date: 2013-04-16
Agency: Federal Aviation Administration, Department of Transportation
This action modifies Class E airspace at Astoria Regional Airport, Astoria, OR, to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at the airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Designation of Areas for Air Quality Planning Purposes; State of Nevada; Total Suspended Particulate
Document Number: 2013-08817
Type: Rule
Date: 2013-04-16
Agency: Environmental Protection Agency
EPA is taking direct final action to delete certain area designations for total suspended particulate within the State of Nevada because the designations are no longer necessary. These designations relate to the attainment or unclassifiable areas for total suspended particulate in Clark County as well as the following nonattainment areas for total suspended particulate elsewhere within the State of Nevada: Carson Desert, Winnemucca Segment, Lower Reese Valley, Fernley Area, Mason Valley, and Clovers Area. EPA is taking this action under the Clean Air Act.
Amendment of Class E Airspace; Omak, WA
Document Number: 2013-08814
Type: Rule
Date: 2013-04-16
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Omak Airport, Omak, WA. Decommissioning of the Nondirectional Radio Beacon (NDB) has made this action necessary. This action also makes a minor change to the legal description in reference to the Class E airspace extending upward from 4,500 feet Mean Sea Level (MSL). This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Modification of Class E Airspace; Lakeview, OR
Document Number: 2013-08812
Type: Rule
Date: 2013-04-16
Agency: Federal Aviation Administration, Department of Transportation
This action modifies Class E airspace at Lakeview, OR, to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Lakeview County Airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also corrects the airport name.
Amendment of Class E Airspace; Reno, NV
Document Number: 2013-08810
Type: Rule
Date: 2013-04-16
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Reno/Tahoe International Airport, Reno, NV. Decommissioning of the Compass Locator at the Instrument Landing System Middle Marker (LMM) and the Middle Marker (MM) has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also adjusts the geographic coordinates of the airport.
Administrative Practice and Procedure; Postal Service; Review of Price Cap Rules
Document Number: 2013-08805
Type: Proposed Rule
Date: 2013-04-16
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is initiating a review of its Price Cap Rules. The review seeks to clarify how to the maximum amount of rate adjustments in postal rate cases is determined and applied. It also seeks to improve other aspects of the process of adjusting rates for market dominant products. This notice informs the public of the review, invites public comment, and takes other administrative steps.
Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for Allium munzii
Document Number: 2013-08364
Type: Rule
Date: 2013-04-16
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for Allium munzii (Munz's onion) under the Endangered Species Act. In total, approximately 98.4 acres (39.8 hectares) for A. munzii in Riverside County, California, fall within the boundaries of the critical habitat designation. We are not designating any critical habitat for Atriplex coronata var. notatior (San Jacinto Valley crownscale).
Reassignment of Commission Staff Responsibilities and Delegations of Authority
Document Number: 2013-08353
Type: Rule
Date: 2013-04-16
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commission is amending its regulations to reflect the reassignment of responsibilities, including delegations of authority, resulting from its recent reorganization of Commission staff. Effective October 9, 2011, the Commission abolished the Division of Clearing and Intermediary Oversight and reassigned its staff and responsibilities to the newly established Division of Swap Dealer and Intermediary Oversight and Division of Clearing and Risk.
Revisions to the Export Administration Regulations: Initial Implementation of Export Control Reform
Document Number: 2013-08352
Type: Rule
Date: 2013-04-16
Agency: Department of Commerce, Bureau of Industry and Security
As part of the Export Control Reform (ECR) Initiative, the Bureau of Industry and Security (BIS), and the Directorate of Defense Trade Controls (DDTC), Department of State, have published multiple proposed amendments to the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), respectively, to strengthen national security by fundamentally reforming the export control system. This final rule implements the initial ECR changes by adding a structure and related provisions to control munitions items that the President has determined no longer warrant export control on the U.S. Munitions List (USML) on the Commerce Control List (CCL), specifically aircraft, gas turbine engines, and related items. This rule is being published in conjunction with a Department of State rule that revises the USML so that upon the effective date of both rules, the USML and CCL and corresponding regulatory structures will be complementary. The revisions in this final rule are also part of Commerce's retrospective regulatory review plan under EO 13563, which Commerce completed in August 2011.
Amendment to the International Traffic in Arms Regulations: Initial Implementation of Export Control Reform
Document Number: 2013-08351
Type: Rule
Date: 2013-04-16
Agency: Department of State
As part of the President's Export Control Reform (ECR) effort, the Department of State is amending the International Traffic in Arms Regulations (ITAR) to revise four U.S Munitions List (USML) categories and provide new definitions and other changes. Additionally, policies and procedures regarding the licensing of items moving from the export jurisdiction of the Department of State to the Department of Commerce are provided. The revisions contained in this rule are part of the Department of State's retrospective plan under E.O. 13563 completed on August 17, 2011.
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