May 3, 2013 – Federal Register Recent Federal Regulation Documents

The U.S. Department of Energy (DOE) announces the availability of the Draft Environmental Impact Statement for the FutureGen 2.0 Project (DOE/EIS-0460D) for public review and comment, as well as the date, location, and time for a public hearing. The draft environmental impact statement (EIS) analyzes the potential impacts associated with the FutureGen 2.0 Project (FutureGen 2.0), which would be designed, constructed, operated, and partially funded by the FutureGen Industrial Alliance, Inc. (Alliance). In addition to Alliance funding, FutureGen 2.0 may receive approximately $1 billion in federal financial assistance under the American Recovery and Reinvestment Act (ARRA). DOE prepared this draft EIS in accordance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), the Council on Environmental Quality regulations that implement the procedural provisions of NEPA (40 CFR parts 1500-1508), DOE's procedures implementing NEPA (10 CFR part 1021), and DOE's procedures for compliance with floodplain and wetland review requirements (10 CFR part 1022).

This document corrects non-substantive technical errors in the final rule entitled ``National Practitioner Data Bank'' which appeared in the April 5, 2013, issue of the Federal Register. The corrections improve the precision of the text, which is intended to enhance the accuracy with which users comply with these regulatory requirements.

This proposed rule would address recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) following their November 2011 and May 2012 meetings. These recommendations pertain to the 2013 Sunset Review of substances on the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List). Consistent with the recommendations from the NOSB, this proposed rule would continue the allowed uses of multiple synthetic and nonsynthetic substances and the prohibition of one nonsynthetic substance on the National List (along with any restrictive annotations). This proposed rule would also remove one synthetic substance from the National List.

This rule amends design requirements in the airworthiness standards for transport category airplanes to minimize the occurrence of design-related flightcrew errors. The new design requirements will enable a flightcrew member to detect and manage his or her errors when the errors occur. Adopting this rule will eliminate regulatory differences between the airworthiness standards of the United States (U.S.) and those of the European Aviation Safety Agency (EASA) without affecting current industry design practices.

A fatality occurred during a railroad switching operation that involved a railroad employee kicking cars and subsequently going between rolling equipment. In response, FRA is publishing this Safety Advisory 2013-03 to make recommendations to railroads regarding the adoption of car-handling procedures during flat switching operations at certain locations and to re-emphasize the importance of following procedures when going between rolling equipment due to the hazards involved. FRA previously made related recommendations to railroads and their employees regarding going between rolling equipment in Safety Advisory 2011-02.

We are giving notice of changes to the Scrapie Flock Certification Program (SFCP), a voluntary program for sheep and goat flock owners who wish to reduce and/or eliminate the risk of introducing classical scrapie into their flocks. In order to refocus the program's risk reduction strategy on animal sampling, we plan to eliminate the Complete Monitored category of the SFCP. This will affect all ``Complete Monitored'' and ``Certified'' flocks. Flock owners who are currently enrolled in the Complete Monitored or Certified category who wish to remain in the SFCP will be allowed to enroll in either the Select category or the Export category. This change will allow us to apply limited agency resources to areas that most effectively contribute to scrapie eradication, such as nationwide surveillance activities for the disease in sheep and goats.

The Department of the Army proposes to reinstate four system of records to its inventory of record systems to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. After review, it has been determined that the records covered under these previously deleted notices were erroneously deleted; therefore these notices are being reinstated. A0210-190 AHRC was published on March 7, 2012 (77 FR 13571-13573). A0600-8-23 AHRC, A0601-210 AHRC, and A0614-200 AHRC were published on March 7, 2012 (77 FR 13573-13574).

On April 24, 2013, the United States Court of International Trade (CIT) sustained the Department of Commerce's (the Department's) final results of remand determination, regarding the scope of the Hand Trucks Order \1\ excluding the WelCom Products MCK Magna Cart pursuant to the CIT's remand order in WelCom Products, Inc. v. United States, Court No. 11-00370, Slip Op. 12-124 (September 27, 2012) (WelCom). See Results of Redetermination Pursuant to Court Order, Court No. 11-00370, dated December 20, 2012 (WelCom MCK Magna Cart Remand Results). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final scope ruling and is amending its final scope ruling on WelCom Products' MCK Magna Cart. See the memorandum entitled ``Hand Trucks and Certain Parts Thereof from the People's Republic of China (PRC): Final Scope RulingWelCom Products MC2 Magna Cart, MCI Magna Cart, and MCK Magna Cart,'' dated September 6, 2011 (Final Scope Ruling).

NMFS has received an application from the City of San Diego for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by Level B harassment, incidental to demolition and construction activities of the Children's Pool Lifeguard Station in La Jolla, California. NMFS has reviewed the application, including all supporting documents, and determined that it is adequate and complete. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to the City of San Diego to incidentally harass, by Level B harassment only, three species of marine mammals during the specified activities.

NMFS is prohibiting directed fishing for Atka mackerel in the Central Aleutian district (CAI) of the Bering Sea and Aleutian Island management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the A season allowance of the 2013 Atka mackerel total allowable catch (TAC) in the CAI allocated to vessels participating in the BSAI trawl limited access fishery.

FMCSA announces that Timberdoodle Company (Timberdoodle) has applied for an exemption from a provision of the ``Hours of Service [HOS] of Drivers'' regulations (49 CFR part 395). Timberdoodle seeks exemption from section 395.3(b)(1) which prohibits drivers of commercial motor vehicles (CMVs) from driving after accumulating 60 hours on duty in a period of 7 days. Timberdoodle asks that its drivers be exempted from including on-duty time that is not driving time in this calculation. Timberdoodle states that CMV operations under its proposed rules are likely to achieve a level of safety equivalent to or greater than the level of safety as would be obtained in the absence of the exemption.

The Defense Logistics Agency (DLA) is revising its Privacy Act procedural and exemption rules. The DLA Privacy Offices have been repositioned under the DLA General Counsel; therefore, responsibilities have been updated to reflect the repositioning. In addition, DLA has adopted revisions to the DoD Privacy Program.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 20 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.