May 24, 2013 – Federal Register Recent Federal Regulation Documents
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Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Reasonably Available Control Technology Update To Address Control Techniques Guidelines Issued in 2006, 2007, and 2008
The EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Connecticut. This revision establishes and requires Reasonably Available Control Technology (RACT) for several categories of volatile organic compound (VOC) sources. The intended effect of this action is to propose approval of these requirements into the Connecticut SIP. This action is being taken in accordance with the Clean Air Act.
Wireless Telecommunications Bureau Seeks To Supplement the Record on the 600 MHz Band Plan
In this document, the Commission's Wireless Telecommunications Bureau seeks further comment on how certain band plan approaches can best accommodate market variation, particularly in markets where available spectrum is constrained. Although the Commission continues to consider all band plan proposals in the record, this document seeks additional comment on certain variations of the ``Down from 51'' band plan framework in order to develop a more robust record on these concepts.
Proposed Establishment of Class E Airspace; Wagner, SD
This action proposes to establish Class E airspace at Wagner, SD. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Wagner Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.
Proposed Amendment of Class D Airspace; Columbus, Rickenbacker International Airport, OH
This action proposes to amend Class D airspace at Rickenbacker International Airport, Columbus, OH. Changes to the airspace description are necessary due to the closure of South Columbus Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for standard instrument approach procedures at the airport. The airport name and geographic coordinates would also be updated.
Proposed Amendment of Class E Airspace; Mason, TX
This action proposes to amend Class E airspace at Mason, TX. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Mason County Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.
Medicare and Medicaid Programs; Survey, Certification and Enforcement Procedures; Extension of Comment Period
This notice extends the comment period for the Survey, Certification and Enforcement Procedures proposed rule, which was published in the April 5, 2013 Federal Register (78 FR 20564 through 20581). In the proposed rule, we proposed to revise the survey, certification, and enforcement procedures related to CMS oversight of national accreditation organizations (AOs). These revisions would implement certain provisions under the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA). The proposed revisions would also clarify and strengthen our oversight of AOs that apply for, and are granted, recognition and approval of an accreditation program in accordance with the Social Security Act. The comment period for the proposed rule, which would have ended on June 4, 2013, is extended to July 5, 2013.
Pet Ownership for the Elderly or Persons With Disabilities in Multifamily Rental Housing; Accumulation of Deposits for Costs Attributable to Pets
HUD regulations governing multifamily rental housing for the elderly or persons with disabilities allow for the residents of such housing to own common household pets, subject to the residents' paying a refundable pet deposit. Currently, the regulations require that owners of HUD-assisted multifamily rental housing for the elderly or persons with disabilities collect the deposit and any increases in the deposit from the pet owner only through gradual accumulation; that is, an initial payment followed by subsequent monthly payments. This requirement does not exist for public housing agencies (PHAs) and owners of other HUD-assisted multifamily rental housing. Rather, HUD regulations provide PHAs and owners of other HUD-assisted multifamily rental housing discretion to determine whether to gradually accumulate a pet deposit and any increases to the pet deposit. This proposed rule would provide owners of HUD-assisted multifamily rental housing for the elderly or persons with disabilities, now subject to the gradual-accumulation pet deposit requirement, with the same flexibility, thereby bringing consistency to the pet deposit requirements for HUD programs and better enabling owners of such housing to handle the costs associated with pet ownership by tenants. This proposed rule only applies to policies for pets and not to service or assistance animals for persons with disabilities.
Visas: Documentation of Immigrants Under the Immigration and Nationality Act, as Amended
The Department of State amends its regulations to eliminate the use of Form OF-224 as a method of recording an alien's entitlement to an immigrant visa classification. Due to the availability of automated systems at all immigrant visa-issuing posts, this entitlement is now recorded automatically, rendering the use of Form OF-224 unnecessary and obsolete.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 15
NMFS proposes regulations to implement Regulatory Amendment 15 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared by the South Atlantic Fishery Management Council (Council). Regulatory Amendment 15 would revise the optimum yield (OY) and the annual catch limit (ACL) for yellowtail snapper. If implemented, this rule would increase the commercial and recreational ACLs and recreational annual catch target (ACT) for yellowtail snapper harvested in or from the South Atlantic exclusive economic zone (EEZ). This rule would also modify the commercial ACL and the accountability measure (AM) for gag that requires a closure of all other South Atlantic shallow-water grouper (SASWG) when the gag commercial ACL is met or projected to be met. This rule also proposes several administrative changes to regulatory text, which are unrelated to the measures contained in Regulatory Amendment 15. The intent of this rule is to provide socio-economic benefits to snapper-grouper fishermen and communities that utilize the snapper-grouper resource, while maintaining fishing mortality at sustainable levels according to the best scientific information available.
Recoupment of Nonrecurring Costs (NCs) on Sales of U.S. Items
This rule updates policy, responsibilities, and procedures for calculating and assessing NC recoupment charges on sales of items developed for or by the Department of Defense to non-U.S. Government customers. All costs related to the sale of the items are fully reimbursable by the non-U.S. Government.
Drawbridge Operation Regulation; Taunton River, Fall River and Somerset, MA
The Coast Guard proposes to modify the operating schedule that governs the Veterans Memorial Bridge across the Taunton River, mile 2.1, between Fall River and Somerset, Massachusetts. The bridge owner, Massachusetts Department of Transportation, submitted a request to reduce the hours the bridge is crewed based upon infrequent requests to open the draw. It is expected that this change to the regulations would provide relief to the bridge owner from crewing the bridge while continuing to meet the reasonable needs of navigation.
Drawbridge Operation Regulation; China Basin, San Francisco, CA
The Coast Guard has issued a temporary deviation from the operating schedule that governs the Third Street Drawbridge across the China Basin, mile 0.0, at San Francisco, CA. The deviation is necessary to allow the public to cross the bridge to participate in the scheduled San Francisco Marathon, a community event. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period.
Safety Zone; USA Triathlon; Milwaukee Harbor, Milwaukee, WI
The Coast Guard is establishing a safety zone within Milwaukee Harbor, Milwaukee, Wisconsin. This safety zone is intended to restrict vessels from a portion of Milwaukee Harbor due to the 2013 and 2014 Olympic and Sprint Distance National Championships. This safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the 2013 and 2014 Olympic and Sprint Distance National Championships.
Drawbridge Operation Regulation; Hudson River, Troy and Green Island, NY
The Coast Guard proposes to modify the operating schedule that governs the highway bridge (Troy Green Island) across the Hudson River, mile 152.7, between Troy and Green Island, New York. The owner of the bridge, New York State Department of Transportation, requested that a twenty four hour advance notice be given for bridge openings. In addition, we are removing the regulations for the 112th Street Bridge, mile 155.4, between Troy and Cohoes which has been converted to a fixed bridge. It is expected that this change to the regulations would provide relief to the bridge owner from crewing the bridge while continuing to meet the reasonable needs of navigation as well as remove obsolete regulations from the Code of Federal Regulations.
Drawbridge Operation Regulation; Thea Foss Waterway Previously Known as City Waterway, Tacoma, WA
The Coast Guard is modifying the operating schedule that governs the Murray Morgan Bridge, also known as the South 11th Street Bridge, across Thea Foss Waterway, mile 0.6, previously known as City Waterway, at Tacoma, WA. This modified rule allows more efficient staffing of the bridge operating crew by requiring advance notification for bridge openings during designated hours. This rule also removes previously authorized closure periods for the bridge to better reflect present day transportation needs. Lastly, this rule updates contact information for requesting emergency bridge openings.
Safety Zones and Special Local Regulations; Recurring Marine Events in Captain of the Port Long Island Sound Zone
The Coast Guard is adding, deleting, and modifying safety zones and special local regulations and adding language to clarify time frames and notification requirements for annual marine events in the Sector Long Island Sound Captain of the Port (COTP) Zone. When these regulated areas are activated and subject to enforcement, this rule will restrict vessels from portions of water areas during these recurring events. The safety zones and special local regulations will facilitate public notification of events and provide protective measures for the maritime public and event participants from the hazards associated with these recurring events.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on Two Petitions to Delist the Preble's Meadow Jumping Mouse
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on two petitions to delist the Preble's meadow jumping mouse (Zapus hudsonius preblei) under the Endangered Species Act of 1973, as amended (Act). After review of the best available scientific and commercial information, we find that delisting the Preble's meadow jumping mouse is not warranted at this time. We base our determination on the continued loss and modification of the Preble's meadow jumping mouse's habitat to human development, the inadequacy of existing regulatory mechanisms, and other natural factors, including wildfire and threats associated with global climate change. Although delisting is not warranted at this time, we ask the public to submit to us at any time any new information that becomes available concerning conservation measures or threats to this subspecies or its habitat.
Mandatory Country of Origin Labeling of Beef, Pork, Lamb, Chicken, Goat Meat, Wild and Farm-Raised Fish and Shellfish, Perishable Agricultural Commodities, Peanuts, Pecans, Ginseng, and Macadamia Nuts
This final rule amends the Country of Origin Labeling (COOL) regulations to change the labeling provisions for muscle cut covered commodities to provide consumers with more specific information and amends the definition for ``retailer'' to include any person subject to be licensed as a retailer under the Perishable Agricultural Commodities Act (PACA). The COOL regulations are issued pursuant to the Agricultural Marketing Act of 1946. The Agency is issuing this rule to make changes to the labeling provisions for muscle cut covered commodities to provide consumers with more specific information and other modifications to enhance the overall operation of the program.
Rescission of Quarterly Financial Reporting Requirements
FMCSA proposes to eliminate the quarterly financial reporting requirements for certain for-hire motor carriers of property (Form QFR) and for-hire motor carriers of passengers (Form MP-1). This paperwork burden can be removed without an adverse impact on safety or the Agency[acute]s ability to maintain effective commercial regulatory oversight over the for-hire trucking and passenger-carrying industries.
National Priorities List, Proposed Rule No. 58
The Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule proposes to add nine sites to the General Superfund section of the NPL and proposes to change the name of an NPL site.
National Priorities List, Final Rule No. 56
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``the EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule: Adds eight sites to the General Superfund section of the NPL; adds one site to the Federal Facilities section of the NPL; corrects an error in a footnote; and corrects an error in the state location for Five Points PCE Plume site.
Amendment of Class D and Class E Airspace; Portland-Hillsboro, OR
This action modifies Class E airspace at Portland-Hillsboro Airport, Portland-Hillsboro, OR, to accommodate aircraft departing and arriving under Instrument Flight Rule (IFR) operations at the airport. Also, the geographic coordinates are updated for the airport. This action, initiated by the biennial review of the Portland-Hillsboro airspace area, improves the safety and management of IFR operations at the airport.
Establishment of Class E Airspace; Cherokee, WY
This action establishes Class E airspace at the Cherokee VHF Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME) navigation aid, Cherokee, WY, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Denver and Salt Lake City Air Route Traffic Control Centers (ARTCCs). This improves the safety and management of IFR operations within the National Airspace System.
Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters
We are adopting a new airworthiness directive (AD) for Eurocopter Deutschland GmbH (ECD) Model MBB-BK 117 C-2 helicopters. This AD requires revising the operating limitations to prohibit flights under instrument flight rules (IFR) or under night visual flight rules (VFR) when the autotrim is inoperative. The actions of this AD are intended to prevent a workload situation whereby stabilizing the helicopter in flight would be difficult if not impossible, resulting in possible loss of helicopter control.
Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands
On May 11, 2012, the Bureau of Land Management (BLM) published in the Federal Register a proposed rule entitled Oil and Gas; Well Stimulation, Including Hydraulic Fracturing, on Federal and Indian Lands. The BLM has used the comments on that draft to make improvements and is now seeking additional comment on a revised proposed rule. Key issues in this updated draft include: the use of an expanded set of cement evaluation tools to help ensure that usable water zones have been isolated and protected from contamination; and more detailed guidance on how trade secrets claims will be handled, modeled on the procedures promulgated by the State of Colorado. The revised proposed rule would also provide opportunities for the BLM to coordinate standards and processes with individual States and tribes to reduce administrative costs and to improve efficiency.
Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for Leavenworthia exigua var. laciniata (Kentucky Glade Cress)
We, the U.S. Fish and Wildlife Service, propose to list Leavenworthia exigua var. laciniata (Kentucky glade cress), as threatened under the Endangered Species Act of 1973, as amended (Act). The effect of this regulation, if finalized, would be to conserve Leavenworthia exigua var. laciniata under the Act.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Leavenworthia exigua var. laciniata (Kentucky Glade Cress)
We, the U.S. Fish and Wildlife Service, propose to designate critical habitat for Leavenworthia exigua var. laciniata (Kentucky glade cress). The effect of these regulations, if finalized, would be to protect Leavenworthia exigua var. laciniata's critical habitat under the Act.
Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
This proposed rule describes how certain articles the President determines no longer warrant control under United States Munitions List (USML) Category XVspacecraft and related itemswould be controlled on the Commerce Control List (CCL). Such items would be controlled by new Export Control Classification Numbers (ECCNs) 9A515, 9B515, 9D515, and 9E515 proposed by this rule and existing ECCNs. This is one in a planned series of proposed rules describing how various types of articles the President determines, as part of the Administration's Export Control Reform Initiative, no longer warrant USML control, would be controlled on the CCL and by the EAR. This proposed rule is being published in conjunction with a proposed rule from the Department of State, Directorate of Defense Trade Controls, which would amend the list of articles controlled by USML Category XV. The revisions proposed in this rule are part of Commerce's retrospective regulatory review plan under EO 13563 completed in August 2011.
Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Category XV and Definition of “Defense Service”
As part of the President's Export Control Reform effort, the Department of State proposes to amend the International Traffic in Arms Regulations (ITAR) to revise Category XV (Spacecraft Systems and Related Articles) of the U.S. Munitions List (USML) to describe more precisely the articles warranting control on the USML. The definition of ``defense service'' is to be revised to, among other changes, specifically include the furnishing of assistance for certain spacecraft related activities. 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.
Airworthiness Directives; Airbus Airplanes
We are superseding an existing airworthiness directive (AD) for all Airbus Model A330-200 and -300 series airplanes; and Model A340-200, -300, -500, and -600 series airplanes. That AD currently requires a one-time detailed inspection of both main landing gear (MLG) bogie beams in the region of the bogie stop pad for detection of deformation and damage, and corrective actions if necessary. This new AD adds Model A330-200 Freighter series airplanes to the applicability. For certain airplanes, this new AD also adds repetitive inspections for damage and corrosion of the sliding piston sub-assembly, with new related investigative and corrective actions. This AD was prompted by reports of corroded bogie stop pads, including some with cracking. We are issuing this AD to detect and correct deformation or damage under the bogie stop pad of both MLG bogie beams, which could result in a damaged bogie beam and consequent detachment of the beam from the airplane or collapse of the MLG and departure of the airplane from the runway.
Accessible Emergency Information; Apparatus Requirements for Emergency Information and Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010
Pursuant to the Twenty-First Century Communications and Video Accessibility Act of 2010 (``CVAA''), the Commission adopts rules requiring video programming distributors and video programming providers (including program owners) to make televised emergency information accessible to individuals who are blind and visually impaired. The Commission also adopts rules requiring the manufacturers of devices that display video programming to ensure that certain apparatus are able to make available video description and accessible emergency information.
Accessible Emergency Information, and Apparatus Requirements for Emergency Information and Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010
In this document, the Commission seeks comment on issues related to rules implementing the requirements of the Twenty-First Century Communications and Video Accessibility Act of 2010 (``CVAA''). Specifically, the Commission explores whether a multichannel video programming distributor (``MVPD'') service is covered by the emergency information rules and by the video description rules when it permits its subscribers to access linear video programming on mobile and other devices. The Commission also explores whether the Commission should require that secondary audio streams be tagged for the visually impaired to ensure that consumers can find and locate those streams. Finally, the Commission asks whether it should require covered entities to provide customer support services and contact information to assist consumers who are blind or visually impaired.
Airworthiness Directives; The Boeing Company Airplanes
We are superseding an existing airworthiness directive (AD) for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. That AD currently requires repetitive inspections to detect cracking of the lower corners of the door frame and cross beam of the forward cargo door, and corrective actions if necessary. That AD also requires eventual modification of the outboard radius of the lower corners of the door frame and reinforcement of the cross beam of the forward cargo door, which terminates the existing repetitive inspections. This new AD revises the compliance times for the preventive modification; adds certain inspections for cracks in the number 5 cross beam of the forward cargo door; and adds inspections of the number 4 cross beam if cracks are found in the number 5 cross beam, and corrective actions if necessary. For certain airplanes, this new AD also adds a one-time inspection for airplanes previously modified or repaired, and a one-time inspection of the reinforcement angle for excessive shimming or fastener pull-up, and corrective actions if necessary. This AD was prompted by additional reports of fatigue cracking in the radius of the lower frames and in the lower number 5 cross beam of the forward cargo door. We are issuing this AD to prevent fatigue cracking of the lower corners of the door frame and number 5 cross beam of the forward cargo door, which could result in rapid depressurization of the airplane.
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