May 2013 – Federal Register Recent Federal Regulation Documents
Results 601 - 650 of 2,808
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.
Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies; Extension of Public Comment Period on the Interagency Guidelines
Section 2031 of the Water Resources Development Act of 2007 (Pub. L. 110-114) directed the Secretary of the Army to revise the ``Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies'' (Principles and Guidelines), dated March 10, 1983, consistent with several considerations enumerated in the Act. The revised Principles and Guidelines consist of three key components: (1) The Principles and Requirements (formerly called Principles and Standards), setting out broad policy and principles that guide investments; (2) the Interagency Guidelines, providing guidance to Federal agencies for determining the applicability of the Principles and Guidelines and for developing agency-specific implementing procedures for formulating, evaluating, and comparing water resources projects, programs, activities, and related actions; and (3) the Agency Specific Procedures, outlining agency-specific procedures for incorporating the Principles and Requirements into agency missions and programs. Per the March 27, 2013 notice, at 78 FR 18562 interested individuals and organizations are invited to submit comments on the draft Interagency Guidelines, one key component of the Principles and Guidelines. The draft Interagency Guidelines are available for review and comments can be submitted through the Web site, www.whitehouse.gov/ administration/eop/ceq/initiatives/PandG/. With this notice, we are pleased to inform you that this comment period (originally 60 days in duration) has been extended by 30 days. The new deadline for public comment on the draft Interagency Guidelines is June 27, 2013.
Medicare Program; Public Meeting in Calendar Year 2013 for New Clinical Laboratory Test Payment Determinations
This notice announces a public meeting to receive comments and recommendations (including accompanying data on which recommendations are based) from the public on the appropriate basis for establishing payment amounts for new or substantially revised Healthcare Common Procedure Coding System (HCPCS) codes being considered for Medicare payment under the clinical laboratory fee schedule (CLFS) for calendar year (CY) 2014.
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.
Federal Property Suitable as Facilities to Assist the Homeless
This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for use to assist the homeless.
Treasury Order Establishing the Bureau of the Fiscal Service
The Department of the Treasury is publishing Treasury Order 136-01 that formally establishes within the Department the Bureau of the Fiscal Service, consolidating the Financial Management Service (``FMS'') and the Bureau of the Public Debt (``BPD'').
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.
Endangered and Threatened Wildlife and Plants; Threatened Status and Designation of Critical Habitat for Eriogonum codium (Umtanum Desert Buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs Bladderpod)
This document temporarily delays for 6 months the effective date of two rules to conserve Eriogonum codium (Umtanum desert buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs bladderpod). Both rules had an effective date of May 23, 2013. We are taking this action to allow time for us to accept and consider additional public comments on the rules.
Endangered and Threatened Wildlife and Plants; Threatened Status and Designation of Critical Habitat for Eriogonum codium (Umtanum Desert Buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs Bladderpod)
We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on our May 15, 2012, proposed listing and designation of critical habitat for the Eriogonum codium (Umtanum desert buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs bladderpod) under the Endangered Species Act of 1973, as amended (Act). We are reopening the comment period to allow all interested parties an opportunity to comment on the proposed rules and to follow proper procedure in accordance with 16 U.S.C. section 1533(b)(5). Comments previously submitted on the proposed rules need not be resubmitted, as they will be fully considered in our determinations on these rulemaking actions.
Michelin North America, Incorporated, Grant of Petition for Decision of Inconsequential Noncompliance
Michelin North America, Inc. (MNA), has determined that certain Michelin brand passenger car replacement tires, do not fully comply with paragraph S5.5 \1\ of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New pneumatic radial tires for light vehicles. MNA has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports on June 2, 2011.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 17 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.
Notice of Receipt of Petition for Decision that Nonconforming 2005-2007 Alpina B5 Passenger Cars Manufactured Before September 1, 2006 Are Eligible for Importation
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 2005-2007 Alpina B5 passenger cars manufactured before September 1, 2006 that were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS), are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all such standards.
Agency Information Collection Activities; Revision of a Currently Approved Collection: Driver Qualification Files
In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) ``Driver Qualification (DQ) Files'' to the Office of Management and Budget (OMB) for its review and approval. Motor carriers must maintain a DQ file on each employee-driver and document therein that the individual meets the minimum qualification requirements for a driver of commercial motor vehicles (CMVs) in interstate commerce. The Agency's estimate of the number of drivers subject to these requirements has been revised to exclude any consideration of drivers and motor carriers operating exclusively in intrastate commerce. In addition, this revision request includes an updated estimate of the interstate drivers and an increase in the estimated annual burden hours for this ICR. The bulk of the increase in burden hours is the result of a more accurate Agency estimate of the number of job openings for CMV drivers offered each year. On March 5, 2013, FMCSA published a Federal Register notice allowing for a 60-day comment period on this ICR. The agency received five comments in response to that notice.
Taking and Importing Marine Mammals; U.S. Navy Training in the Gulf of Alaska Temporary Maritime Activities Area
In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notice is hereby given that NMFS has issued a 3-year Letter of Authorization (LOA) to the U.S. Navy (Navy) to take marine mammals incidental to Navy training and research activities to be conducted within the Gulf of Alaska Temporary Maritime Activities Area (GOA TMAA). These activities are considered military readiness activities pursuant to the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act of 2004 (NDAA).
Agency Information Collection Activities; Comment Request; NCES Cognitive, Pilot, and Field Test Studies System
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing an extension of an existing information collection.
36(b)(1) Arms Sales Notification
The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Applications for New Grants Under the Rehabilitation Services Administration (RSA) (1894-0001)
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing; an extension of an existing information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Part D Discretionary Grant Application-Individuals With Disabilities Education Act (1894-0001)
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing an extension of an existing information collection.
Removal of References to Credit Ratings in Certain Regulations Governing the Federal Home Loan Banks
Section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) requires Federal agencies to review regulations that require the use of an assessment of the credit- worthiness of a security or money market instrument and any references to, or requirements in, such regulations regarding credit ratings issued by credit rating organizations registered with the Securities and Exchange Commission (SEC) as nationally recognized statistical rating organizations (NRSROs), and to remove such references or requirements. To implement this provision, the Federal Housing Finance Agency (FHFA) is proposing to remove a number of references and requirements in certain safety and soundness regulations affecting the Federal Home Loan Banks (Banks) and to adopt new provisions that would require the Banks to apply internal analytic standards and criteria to determine the credit quality of a security or obligation, subject to FHFA oversight and review through the examination and supervisory process. FHFA will undertake separate rulemakings to remove NRSRO references and requirements contained in the capital regulations applicable to the Banks and in the regulations governing the Banks' acquired member asset (AMA) programs.
Proposed Information Collection; Comment Request; Tilefish Individual Fishing Quota Program
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Judges Panel of the Malcolm Baldrige National Quality Award
The Judges Panel of the Malcolm Baldrige National Quality Award will meet in closed session on Wednesday, June 12, 2013, 9:00 a.m. to 3:30 p.m., Eastern time. The purpose of this meeting is to discuss and review the role and responsibilities of the Judges Panel and information received from the National Institute of Standards and Technology in order to ensure the integrity of the Award selection process. The agenda will include: The Role of the Judges, Debrief of Category Recognition, Improvements to the Judging Process, Baldrige Program Updates, and the 2013 Baldrige Award Cycle.
Inviting Applications for Rural Cooperative Development Grants
USDA announces the availability of grants through the Rural Cooperative Development Grant (RCDG) Program for Fiscal Year (FY) 2013. Nonprofit corporations and institutions of higher education may apply. Approximately $6.5 million is available. Applications are limited to one per applicant for a maximum of $200,000 and matching funds are required. The grant period is limited to a one-year timeframe.
Judges Panel of the Malcolm Baldrige National Quality Award and Board of Overseers of the Malcolm Baldrige National Quality Award
The Judges Panel of the Malcolm Baldrige National Quality Award (Judges Panel) and the Board of Overseers of the Malcolm Baldrige National Quality Award (Board of Overseers) will meet together in open session on Thursday, June 13, 2013 from 8:30 a.m. to 3:00 p.m. Eastern time. The purpose of this meeting is to discuss and review information received from the National Institute of Standards and Technology and from the Chair of the Judges Panel of the Malcolm Baldrige National Quality Award.
Agency Information Collection Activities: Customs-Trade Partnership Against Terrorism (C-TPAT)
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Customs-Trade Partnership Against Terrorism (C-TPAT). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)).
Notice of Funding Availability (NOFA) for Loan Guarantees Under Section 538 Guaranteed Rural Rental Housing Program (GRRHP) for Fiscal Year 2013
This is a request for proposals for guaranteed loans under the Section 538 Guaranteed Rural Rental Housing Program (GRRHP) pursuant to 7 CFR 3565.4 for Fiscal Year (FY) 2013. The Consolidated and Further Continuing Appropriations Act, 2013, Public Law 113-6 (March 26, 2013) appropriated $150 million in FY 2013. The commitment of program dollars will be made first to approved and complete applications from prior years notices, then to applicants of selected responses in the order they are ranked under this notice that have fulfilled the necessary requirements for obligation. Successful applications will be selected by the Agency for funding and subsequently awarded to the extent that funding may ultimately be made available to the Agency through appropriations. Expenses incurred in developing applications will be at the applicant's risk. The following paragraphs outline the timeframes, eligibility requirements, lender responsibilities, and the overall response and application processes. Eligible lenders are invited to submit responses for new construction and acquisition with rehabilitation of affordable rural rental housing. The Agency will review responses submitted by eligible lenders, on the lender's letterhead, and signed by both the prospective borrower and lender. Although a complete application is not required in response to this notice, eligible lenders may submit a complete application concurrently with the response. Submitting a complete application will not have any effect on the respondent's response score.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings
The Mid-Atlantic Fishery Management Council (Council) and its Research Set-Aside Committee, its Mackerel, Squid, Butterfish Committee, its Surfclam and Ocean Quahog Committee, and its Executive Committee will hold public meetings.
Proposed Consent Decree, Clean Air Act Citizen Suit
In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is hereby given of a proposed consent decree to address a lawsuit filed by Sierra Club in the United States District Court for the Northern District of California: Sierra Club v. Perciasepe, No. 3:12-cv-4078-JST (N.D. CA). On August 2, 2012, Plaintiff filed a complaint alleging that EPA failed to take action on certain state implementation plan (``SIP'') submissions from the State of Nevada by the statutory deadline established by CAA section 110(k)(2). EPA has since taken final action on most of these SIP submissions, and the proposed consent decree establishes a deadline for EPA to take action on the one remaining SIP submission.
Snapper-Grouper Fishery of the South Atlantic; 2013 Recreational Accountability Measure and Closure for South Atlantic Snowy Grouper
NMFS implements accountability measures (AMs) for the recreational sector of snowy grouper in the South Atlantic for the 2013 fishing year through this temporary rule. Average recreational landings from 2010-2012 exceeded the recreational annual catch limit (ACL) for snowy grouper. To account for this overage, this rule reduces the length of the 2013 recreational fishing season. Therefore, NMFS closes the recreational sector for snowy grouper on May 31, 2013. This closure is necessary to protect the snowy grouper resource.
Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Action #3
NOAA Fisheries announces one inseason action in the ocean salmon fisheries. This inseason action modified the commercial fisheries in the area from Oregon/California Border to Humboldt South Jetty (California Klamath Management Zone).
SBIR/STTR Phase I to Phase II Transition Benchmarks
The Small Business Administration (SBA) is soliciting comments on proposed amendments to the SBIR/STTR Phase I to Phase II transition rate benchmark Table, which was originally published in the Federal Register on October 16, 2012. The Table will be amended to change the transition benchmark rate for the U.S. Department of Transportation (DOT) from the current rate of 0.45 to 0.25, and to change the length of the time period used to calculate the transition rate for the Environmental Protection Agency (EPA) and the Department of Education (ED) from the current length of 10 years to 5 years.
Proposed Amendment of Class E Airspace; Point Thomson, AK
This action proposes to modify the airspace at Point Thomson, AK by establishing Class E Airspace at Point Thomson Airstrip Airport, Point Thomson, AK. This will accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at the airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.
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