May 21, 2013 – Federal Register Recent Federal Regulation Documents

Airworthiness Directives; the Boeing Company Airplanes
Document Number: C1-2013-10657
Type: Rule
Date: 2013-05-21
Agency: Federal Aviation Administration, Department of Transportation
Cardiovascular Devices; Reclassification of External Counter-Pulsating Devices for Treatment of Chronic Stable Angina; Effective Date of Requirement for Premarket Approval for External Counter-Pulsating Devices for Other Specified Intended Uses
Document Number: 2013-12122
Type: Proposed Rule
Date: 2013-05-21
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is issuing a proposed administrative order to reclassify external counter-pulsating (ECP) devices for treatment of chronic stable angina that is refractory to optimal anti-anginal medical therapy and without options for revascularization, which is a preamendments class III device, into class II (special controls) based on new information. FDA is also proposing to require the filing of a premarket approval application (PMA) or a notice of completion of a product development protocol (PDP) for ECP devices for other intended uses specified in this proposed order. The Agency is also summarizing its proposed findings regarding the degree of risk of illness or injury designed to be eliminated or reduced by requiring the devices to meet the statute's approval requirements for other intended uses specified in this proposed order. In addition, FDA is announcing the opportunity for interested persons to request that the Agency change the classification of any of the devices mentioned in this document based on new information. This action implements certain statutory requirements.
Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support
Document Number: 2013-12092
Type: Rule
Date: 2013-05-21
Agency: Federal Communications Commission, Agencies and Commissions
The Federal Communications Commission published in the Federal Register of May 24, 2012, a document reconsidering and clarifying certain aspects of the USF/ICC Transformation Order in response to various petitions for reconsideration and/or clarification. In that document, a filing deadline was inadvertently omitted.
Ocean Dumping; Atchafalaya-West Ocean Dredged Material Disposal Site Designation
Document Number: 2013-12089
Type: Proposed Rule
Date: 2013-05-21
Agency: Environmental Protection Agency
The EPA is proposing to re-designate the existing Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA) Section 103(b) Atchafalaya-West Ocean Disposal Site (ODMDS-West) as a permanent MPRSA Section 102(c) ocean dredged material disposal site (ODMDS) located adjacent to and west of the Atchafalaya River Bar Channel (ARBC) of Louisiana. The approval for the ODMDS-West use expired in August 2012; therefore, the site can no longer accept shoal material dredged from the ARBC unless it is re-designated as a MPRSA Section 102(c) site by EPA. Studies have shown that use of the ODMDS-West reduces the amount and rate of shoal material runback into the ARBC, and thus, decreases the overall annual maintenance dredging effort needed for the ARBC while providing vessels with a longer period of safe navigation access prior to a maintenance dredging event. Therefore, there is a need to designate a permanent ODMDS on the west side of the ARBC. Approximately 10.8 million cubic yards will be placed every 7 months and must be conducted in accordance with the Site Management and Monitoring Plan. The proposed ODMDS will be monitored periodically to ensure that the site operates as expected.
Approval and Promulgation of Implementation Plans; Kentucky; Approval of Revisions to the Jefferson County Portion of the Kentucky SIP; Emissions During Startups, Shutdowns, and Malfunctions
Document Number: 2013-12088
Type: Proposed Rule
Date: 2013-05-21
Agency: Environmental Protection Agency
EPA is proposing to approve part of a revision to the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), on March 22, 2011. The proposed revision was submitted by KDAQ on behalf of the Louisville Metro Air Pollution Control District (District), which has jurisdiction over Jefferson County, Kentucky. The portion of the revision that EPA is proposing for approval modifies the Regulation entitled, ``Emissions During Startups, Shutdowns, Malfunctions and Emergencies'' in the Jefferson County portion of the Kentucky SIP. EPA is proposing approval of this portion of the March 22, 2011, SIP revision because the Agency has determined that it is in accordance with the requirements for SIP provisions under the Clean Air Act (CAA or Act). EPA will act on the other portions of KDAQ's March 22, 2011, submittal, which are severable and unrelated, in a separate action.
Institutional Eligibility Under the Higher Education Act of 1965, as Amended; Delay of Implementation Date
Document Number: 2013-12087
Type: Rule
Date: 2013-05-21
Agency: Department of Education
This document provides for a further delay until July 1, 2014, of the implementation date for certain State authorization regulations when an institution's State authorization does not meet the requirements of these regulations by the earlier delayed implementation date of July 1, 2013.
Small Generator Interconnection Agreements and Procedures
Document Number: 2013-12079
Type: Proposed Rule
Date: 2013-05-21
Agency: Department of Energy, Federal Energy Regulatory Commission
This document contains corrections to the proposed rule (RM13- 2-000) which was published in the Federal Register of Friday, February 1, 2013 (78 FR 7524). The regulations revised the pro forma Small Generator Interconnection Procedures (SGIP) and pro forma Small Generator Interconnection Agreement (SGIA) originally set forth in Order No. 2006.
Airworthiness Directives; DASSAULT AVIATION Airplanes
Document Number: 2013-12077
Type: Proposed Rule
Date: 2013-05-21
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all DASSAULT AVIATION Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes; Model MYSTERE-FALCON 200 airplanes; and Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes. This proposed AD was prompted by reports of a manufacturing defect in the charge indicator on fire extinguisher bottles. This proposed AD would require repetitive weighing of fire extinguisher bottles having a certain part number, and eventual replacement of those bottles to terminate the repetitive weighing. We are proposing this AD to detect and correct a dormant failure in the fire suppression system, which could result in the inability to put out a fire in an engine, auxiliary power unit, or rear compartment.
Airworthiness Directives; Airbus Airplanes
Document Number: 2013-12076
Type: Proposed Rule
Date: 2013-05-21
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A330-200 and -300 series airplanes; Model A340-200 and -300 series airplanes; and Model A340-541 and -642 airplanes. This proposed AD was prompted by reports of wing tip brakes (WTBs) losing their braking function in service due to heavy wear on the brake discs. WTBs are designed to stop and hold the mechanical transmission of slats and flaps in certain failure cases. This proposed AD would require repetitive operational tests of certain WTB pressure-off-brakes (POBs) for performance on the flap and slat systems, and replacement of any affected WTB with a new or serviceable part if the test fails. This proposed AD would also require eventual replacement of all affected WTBs with a new part, which would terminate the repetitive tests. We are proposing this AD to prevent loss of the WTB braking function, and consequent inability of the flap or slat system to be stopped and held in position during operation, which could result in loss of control of the airplane.
Prevailing Rate Systems; Redefinition of the Minneapolis-St. Paul, MN, and Southwestern Wisconsin Appropriated Fund Federal Wage System Wage Areas
Document Number: 2013-12068
Type: Rule
Date: 2013-05-21
Agency: Office of Personnel Management
The U.S. Office of Personnel Management is issuing a final rule to redefine the geographic boundaries of the Minneapolis-St. Paul, MN, and Southwestern Wisconsin appropriated fund Federal Wage System (FWS) wage areas. The final rule redefines Wabasha County, MN, from the Southwestern Wisconsin wage area to the Minneapolis-St. Paul wage area. This change is based on a recent consensus recommendation of the Federal Prevailing Rate Advisory Committee to best match Wabasha County to a nearby FWS survey area.
Prevailing Rate Systems; Definition of Broward County, Florida, to a Nonappropriated Fund Federal Wage System Wage Area
Document Number: 2013-12066
Type: Proposed Rule
Date: 2013-05-21
Agency: Office of Personnel Management
The U.S. Office of Personnel Management is issuing a proposed rule that would define Broward County, Florida, as an area of application county to the Miami-Dade, FL, nonappropriated fund (NAF) Federal Wage System (FWS) wage area. This change is necessary because there are three NAF FWS employees working in Broward County and the county is not currently defined to a NAF wage area.
Prevailing Rate Systems; Definition of Vanderburgh County, Indiana, to a Nonappropriated Fund Federal Wage System Wage Area
Document Number: 2013-12065
Type: Proposed Rule
Date: 2013-05-21
Agency: Office of Personnel Management
The U.S. Office of Personnel Management is issuing a proposed rule that would define Vanderburgh County, Indiana, as an area of application county to the St. Clair, IL, nonappropriated fund (NAF) Federal Wage System (FWS) wage area. This change is necessary because there are two NAF FWS employees working in Vanderburgh County and the county is not currently defined to a NAF wage area.
Prevailing Rate Systems; Redefinition of the Clayton-Cobb-Fulton, Georgia, Nonappropriated Fund Federal Wage System Wage Area
Document Number: 2013-12063
Type: Rule
Date: 2013-05-21
Agency: Office of Personnel Management
The U.S. Office of Personnel Management (OPM) is issuing an interim rule to redefine the Clayton-Cobb-Fulton, GA, nonappropriated fund (NAF) Federal Wage System (FWS) wage area by removing Clarke, Clayton, and Fulton Counties, GA, from the wage area definition. The name of the wage area will be Cobb, GA. These changes are necessary because by the end of October 2013 there will no longer be NAF employment in Clarke, Clayton, and Fulton Counties. In addition, this interim rule updates the name of the Columbus Consolidated Government in the Columbus NAF wage area to Columbus.
Forfeiture Procedures Under the Endangered Species Act and the Lacey Act Amendments
Document Number: 2013-12048
Type: Proposed Rule
Date: 2013-05-21
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
The Animal and Plant Health Inspection Service is one of the agencies that administers the provisions of the Endangered Species Act of 1973, as amended (ESA), and the Lacey Act Amendments of 1981, as amended, that pertain to plants. We are proposing to update our regulations that set forth our forfeiture procedures with regard to plants or plant products seized under the authority of the ESA and the Lacey Act. The proposed changes would make our regulations conform to the requirements of the Civil Asset Forfeiture Reform Act of 2000, increase the monetary threshold of those cases proceeding through judicial forfeiture, provide for the assessment of storage costs of seized property, and make the regulations easier to understand.
Regulated Navigation Area; Waldo-Hancock Bridge Demolition, Penobscot River, Between Prospect and Verona, ME
Document Number: 2013-12033
Type: Rule
Date: 2013-05-21
Agency: Coast Guard, Department of Homeland Security
The United States Coast Guard is establishing a regulated navigation area (RNA) on the navigable waters of the Penobscot River between Prospect and Verona, ME, under and surrounding the Waldo- Hancock Bridge in order to facilitate the removal of the trusses, cables, and towers of the Waldo-Hancock Bridge. This temporary final rule (TFR) is necessary to provide for the safety of life on the navigable waters during bridge demolition operations which include hot work and heavy lift operations. This rule implements certain safety measures, including speed restrictions and the temporary suspension of vessel traffic, during demolition operations that could be hazardous to nearby vessels.
Safety Zone; Fireworks Events in Captain of the Port New York Zone
Document Number: 2013-12032
Type: Rule
Date: 2013-05-21
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce safety zones in the Captain of the Port New York Zone on the specified dates and times. This action is necessary to ensure the safety of vessels and spectators from hazards associated with fireworks displays. During the enforcement period, no person or vessel may enter the safety zones without permission of the Captain of the Port (COTP).
Special Local Regulations and Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District
Document Number: 2013-12031
Type: Rule
Date: 2013-05-21
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is issuing a final rule that revises the list of special local regulations and safety zones established for recurring marine events and fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. This adds 15 new annual recurring marine events and fireworks display locations; it revises event date(s) and coordinates for 31 previously established locations within the geographic boundary of the Fifth Coast Guard District. This rule also deletes 21 previously listed marine events, fireworks displays and corresponding regulated areas that no longer occur. Entry into or movement within the regulated areas during the enforcement periods is prohibited without approval of the appropriate Captain of the Port.
Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL
Document Number: 2013-12030
Type: Proposed Rule
Date: 2013-05-21
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to amend the Safety Zone for Chicago Harbor, Navy Pier Southeast, Chicago, IL. This Zone is intended to restrict vessels from a portion of Chicago Harbor during fireworks displays, races, and other marine events that occur throughout each calendar year. The safety zone established by this proposed rule is necessary to protect spectators, participants, and vessels from the hazards associated with these fireworks displays, boat races, and other events.
Drawbridge Operation Regulations; Merrimack River, Haverhill and West Newbury, MA
Document Number: 2013-12029
Type: Rule
Date: 2013-05-21
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Rocks Village Bridge, mile 12.6, across the Merrimack River between Haverhill and West Newbury, Massachusetts. The deviation is necessary to facilitate bridge rehabilitation and repairs. This deviation allows the bridge to remain in the closed position for 5 days.
Drawbridge Operation Regulation; New Jersey Intracoastal Waterway (NJICW), Atlantic City, NJ
Document Number: 2013-12028
Type: Rule
Date: 2013-05-21
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has issued a temporary deviation from the operating schedules that govern the Route 30/Absecon Boulevard Bridge across Beach Thorofare, NJICW mile 67.2 and the US40-322 (Albany Avenue) across Inside Thorofare, NJICW mile 70.0, both at Atlantic City, NJ. This deviation allows the drawbridges to remain closed-to- navigation to accommodate the free movement of vehicles during the re- scheduled 2013 Atlantic City Air Show.
Drawbridge Operation Regulation; New Jersey Intracoastal Waterway (NJICW), Atlantic City, NJ
Document Number: 2013-12027
Type: Rule
Date: 2013-05-21
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has issued a temporary deviation from the operating schedules that govern the Route 30/Absecon Boulevard Bridge across Beach Thorofare, NJICW mile 67.2 and the US40-322 (Albany Avenue) across Inside Thorofare, NJICW mile 70.0, both at Atlantic City, NJ. This deviation allows the drawbridges to remain closed-to- navigation to accommodate the free movement of vehicles during the 2013 Vet Rock Concert.
Final Flood Elevation Determinations
Document Number: 2013-12025
Type: Rule
Date: 2013-05-21
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: 2013-12020
Type: Rule
Date: 2013-05-21
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).
Community Health Needs Assessments for Charitable Hospitals; Correction
Document Number: 2013-12013
Type: Rule
Date: 2013-05-21
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to a notice of proposed rulemaking that was published in the Federal Register on Friday, April 5, 2013. The proposed regulations provide guidance to charitable hospital organizations on the community health needs assessment 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.
Proposed Flood Elevation Determinations for Lake County, Illinois, and Incorporated Areas
Document Number: 2013-12011
Type: Proposed Rule
Date: 2013-05-21
Agency: Federal Emergency Management Agency, Department of Homeland Security
The Federal Emergency Management Agency (FEMA) is withdrawing its proposed rule concerning proposed flood elevation determinations for Lake County, Illinois, and Incorporated Areas
Rules of Adjudication and Enforcement
Document Number: 2013-11998
Type: Rule
Date: 2013-05-21
Agency: International Trade Commission, Agencies and Commissions
The United States International Trade Commission (``Commission'') amends its Rules of Practice and Procedure concerning adjudication and enforcement. The amendments address concerns that have arisen about the scope of discovery in Commission proceedings under section 337 of the Tariff Act of 1930. The intended effect of the amendments is to reduce expensive, inefficient, unjustified, or unnecessary discovery practices in agency proceedings while preserving the opportunity for fair and efficient discovery for all parties.
Modification and Revocation of Air Traffic Service Routes; Jackson, MS
Document Number: 2013-11972
Type: Rule
Date: 2013-05-21
Agency: Federal Aviation Administration, Department of Transportation
This action modifies two jet routes and seven VOR Federal airways; and removes two VOR Federal airways in the vicinity of Jackson, MS. The FAA is taking this action due to the scheduled decommissioning of the Jackson, MS, VORTAC, and the commissioning of the Magnolia, MS, VORTAC.
Establishment of Area Navigation (RNAV) Routes; Washington, DC
Document Number: 2013-11969
Type: Rule
Date: 2013-05-21
Agency: Federal Aviation Administration, Department of Transportation
This action establishes five new RNAV routes in support of the Washington, DC, Optimization of Airspace and Procedures in a Metroplex project. The routes increase National Airspace System (NAS) efficiency and allow easier transition into the high altitude structure for departures from the Washington, DC Metropolitan area airports.
Rules on Determining Hearing Appearances
Document Number: 2013-11932
Type: Rule
Date: 2013-05-21
Agency: Social Security Administration, Agencies and Commissions
This final rule is another step in our continual efforts to handle workloads more effectively and efficiently. We are publishing final rules for portions of the rules we proposed in October 2007 that relate to persons, other than the claimant or any other party to the hearing, appearing by telephone. We are also clarifying that the administrative law judge (ALJ) will allow the claimant or any other party to a hearing to appear by telephone under certain circumstances when the claimant or other party requests to make his or her appearance in that manner. We expect that these final rules will make the hearings process more efficient and help us continue to reduce the hearings backlog. In addition, we made some minor editorial changes to our regulations that do not have any effect on the rights of claimants or any other parties.
Adoption of Updated EDGAR Filer Manual
Document Number: 2013-11921
Type: Rule
Date: 2013-05-21
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (EDGAR) Filer Manual and related rules to reflect updates to the EDGAR system. The revisions are being made primarily to implement the new Form 13F online application and to support US GAAP 2013 Taxonomy. The EDGAR system is scheduled to be upgraded to support this functionality on May 20, 2013.
Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards
Document Number: 2013-08500
Type: Proposed Rule
Date: 2013-05-21
Agency: Environmental Protection Agency
This action would establish more stringent vehicle emissions standards and reduce the sulfur content of gasoline beginning in 2017, as part of a systems approach to addressing the impacts of motor vehicles and fuels on air quality and public health. The proposed gasoline sulfur standard would make emission control systems more effective for both existing and new vehicles, and would enable more stringent vehicle emissions standards. The proposed vehicle standards would reduce both tailpipe and evaporative emissions from passenger cars, light-duty trucks, medium-duty passenger vehicles, and some heavy-duty vehicles. This would result in significant reductions in pollutants such as ozone, particulate matter, and air toxics across the country and help state and local agencies in their efforts to attain and maintain health-based National Ambient Air Quality Standards. Motor vehicles are an important source of exposure to air pollution both regionally and near roads. These proposed vehicle standards are intended to harmonize with California's Low Emission Vehicle program, thus creating a federal vehicle emissions program that would allow automakers to sell the same vehicles in all 50 states. The proposed vehicle standards would be implemented over the same timeframe as the greenhouse gas/fuel efficiency standards for light-duty vehicles, as part of a comprehensive approach toward regulating emissions from motor vehicles.
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