May 2013 – Federal Register Recent Federal Regulation Documents

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.

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.

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.

The Assistant Secretary for Special Education and Rehabilitative Services announces a priority for a Rehabilitation Research Training Center (RRTC) on Disability Statistics and Demographics under the Disability and Rehabilitation Research Projects and Centers program administered by the National Institute on Disability and Rehabilitation Research (NIDRR). The Assistant Secretary may use this priority for a competition in fiscal year (FY) 2013 and later years. We take this action to focus research attention on areas of national need. We intend to use this priority to improve outcomes for individuals with disabilities.

EPA is proposing to approve in part and disapprove in part revisions to Arizona's State Implementation Plan (SIP) for its regional haze program based on our evaluation of its supplemental submittal dated May 3, 2013. The State's new submittal revises Arizona's SIP that was submitted on February 28, 2011. The new revisions are in response to EPA's proposed rule published in the Federal Register on December 21, 2012. Specifically, we propose to approve Arizona's most recent emissions inventory for 2008, the reasonable progress analysis of coarse mass and fine soils, and aspects of the analyses and determinations of Best Available Retrofit Technology (BART) controls for four sources. These sources are Freeport-McMoRan Incorporated (FMMI) Miami Smelter, American Smelting and Refining Company (ASARCO) Hayden Smelter, Catalyst Paper, and Arizona Electric Power Cooperative (AEPCO) Apache Generating Station. However, we are proposing to disapprove other revisions to the reasonable progress analysis and some aspects of the revised BART analyses and determinations. We describe in today's action the major elements of the State's new SIP submittal and our assessment in terms of why we are proposing to approve or disapprove these revised elements. Today's action does not address any other parts of Arizona's SIP. Regional haze is caused by emissions of air pollutants from numerous sources located over a broad geographic area. The Clean Air Act (CAA) requires states to adopt and submit to EPA SIPs that assure reasonable progress toward the national goal of achieving natural visibility conditions by 2064 in 156 national parks and wilderness areas designated as Class I areas.

The Assistant Secretary for Special Education and Rehabilitative Services announces a priority under the Technical Assistance to Improve State Data Capacity program. The Assistant Secretary may use this priority for competitions in fiscal year (FY) 2013 and later years. We take this action to focus attention on an identified national need to provide technical assistance (TA) to States to improve their capacity to meet the data collection and reporting requirements of the Individuals with Disabilities Education Act (IDEA). We intend this priority to establish a TA center to improve State capacity to accurately collect and report IDEA data (Data Center).

NMFS is prohibiting retention of Alaska plaice in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2013 initial total allowable catch (ITAC) of Alaska plaice in the BSAI has been reached.

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A330-200 Freighter, A330-200 and -300, and A340-200 and - 300 series airplanes. This proposed AD was prompted by reports of cracked adjacent frame forks of a forward cargo door. This proposed AD would require repetitive detailed inspections for cracks and sheared, loose, or missing rivets of the forward cargo door and, for certain airplanes, of the aft cargo door, and repair if necessary. We are proposing this AD to detect and correct cracked or ruptured cargo door frames, which could result in reduced structural integrity of the forward or aft cargo door.

This order will amend regulations to revise delegations of authority for the review process for determinations regarding claims for benefits under the Public Safety Officers' Benefits Program. The changes to the regulations are designed to increase efficiency, reduce duplication, and streamline the processing of claims.

This proposed rule invites comments on amending the Blueberry Promotion, Research and Information Order (Order) to increase the assessment rate from $12 to $18 per ton (an increase of $0.003 per pound). The Order is administered by the U.S. Highbush Blueberry Council (USHBC) with oversight by the U.S. Department of Agriculture (USDA). Under the program, assessments are collected from domestic producers and importers and used for research and promotion projects designed to maintain and expand the market for highbush blueberries in the United States and abroad. Additional funds would allow the USHBC to expand its health research activities and promotional efforts. The USHBC uses its health information in its promotion messaging to help build demand for blueberries. Increasing demand would help move the growing supply of blueberries, which would benefit producers and consumers.

The Coast Guard proposes to establish four temporary safety zones upon the navigable waters of San Diego Bay for the Port of San Diego Big Bay Boom Fireworks display from 8:45 p.m. to 10 p.m. on July 4, 2013. These proposed safety zones are necessary to provide for the safety of the crew, spectators, and other users and vessels of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within these temporary safety zones during, immediately before and after the fireworks event unless authorized by the Captain of the Port or his designated representative.

The Administration for Children and Families (ACF) proposes to amend the Child Care and Development Fund (CCDF) regulations. This proposed rule makes changes to CCDF regulatory provisions in order to strengthen health and safety requirements for child care providers, reflect current State and local practices to improve the quality of child care, infuse new accountability for Federal tax dollars, and leverage the latest knowledge and research in the field of early care and education to better serve low-income children and families.

Based on comments received in response to its Advance Notice of Proposed Rulemaking (``ANPR''), the Commission proposes amending the rules and regulations under the Textile Fiber Products Identification Act (``Textile Rules'' or ``Rules'') to: Incorporate the updated ISO standard 2076:2010(E); allow certain hang-tags that do not disclose the product's full fiber content information; better address electronic commerce by amending the definition of the terms invoice and invoice or other paper; update the guaranty provisions by, among other things, replacing the requirement that suppliers provide a guaranty signed under penalty of perjury with a certification that must be renewed annually, and revising accordingly the form used to file continuing guaranties with the Commission under the Textile, Fur, and Wool Acts; and clarify several other provisions. The Commission seeks comment on these proposals and several remaining issues.

We, NMFS, announce a 90-day finding on a petition to list the Pacific harbor seals in Iliamna Lake (Phoca vitulina richardii) as threatened or endangered under the Endangered Species Act (ESA). We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. Therefore, we are initiating a status review of the harbor seals in Iliamna Lake to determine if listing under the ESA is warranted. To ensure this status review is comprehensive, we solicit scientific and commercial information regarding this species.

This regulation establishes time-limited tolerances for residues of streptomycin in or on grapefruit and grapefruit, dried pulp. This action is in response to EPA's granting of an emergency exemption under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on grapefruit. This regulation establishes maximum permissible levels for residues of streptomycin in or on these commodities. The time-limited tolerances expire on December 31, 2015.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Kansas City Southern vertical lift span bridge across the Neches River, mile 19.5, at Beaumont, Texas. The deviation is necessary to replace the north vertical lift joints on the bridge. This deviation allows the bridge to remain closed to navigation for twelve consecutive hours.

In this document, a Petition for Reconsideration (Petition) has been filed in the Commission's Rulemaking proceeding filed by Derrick Owens, Jerry Weikle, Gerald J. Duffy, and Richard A. Askoff on behalf of the Western Telecommunications Alliance, the Eastern Rural Telecom Association, and the National Exchange Carrier Association, Inc.

The Coast Guard proposes to establish permanent safety zones in Hawaii's nine commercial harbors (Nawiliwili and Port Allen, Kauai; Barber's Point and Honolulu Harbor, Oahu; Kaunakakai, Molokai; Kaumalapau, Lanai; Kahalui, Maui and Kawaihae and Hilo on the Island of Hawaii). The purpose of these safety zones is to expedite the evacuation of the harbors in the event a tsunami warning is issued for the main Hawaiian Islands.

The Coast Guard is adding three new fireworks events and correcting the location of five existing events outlined in 33 CFR 165.1332 to ensure public safety during annual firework displays at various locations in the Captain of the Port, Puget Sound Area of Responsibility. When these safety zones are activated and subject to enforcement, this rule limits the movement of vessels within the established firework display areas. These additions and corrections are necessary to prevent injury and to protect life and property of the maritime public from hazards associated with firework displays.

The Coast Guard is proposing the establishment of a temporary safety zone on Shallowbag Bay, Manteo, NC on October 4, 2013, for a fireworks display as part of the Outer Banks Bluegrass Festival. This action is necessary to protect the life and property of the maritime public from the hazards posed by fireworks displays. This safety zone is intended to restrict vessels from a portion of Shallowbag Bay River during the Outer Banks Bluegrass Festival Fireworks display.

The Coast Guard will enforce the safety zone for the Berkeley Marina Fourth of July Fireworks display in the Captain of the Port, San Francisco area of responsibility during the dates and times noted below. This action is necessary to protect life and property of the maritime public from the hazards associated with the fireworks display. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM).

The Department of the Army is amending its rule on Individual Requests for Access or Amendment of CID Reports of Investigation to correct the mailing address in its regulations. The address for submitting requests for access to, or amendment of, USACIDC investigative reports has changed. This rule also replaces the obsolete ``Release of Information Records from Army Files'' publication with the ``Freedom of Information Act'' publication.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation, Bureau of Environment, Air Pollution Control Division, on July 12, 2012. This revision consists of updates to transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportation-related control and mitigation measures. The intended effect is to update the transportation conformity criteria and procedures in the Tennessee SIP. This action is being taken pursuant to section 110 of the Clean Air Act. In the final rules section of this issue of the Federal Register, EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

The Surface Transportation Board (Board or STB) adopts regulations that allow the Board to order parties to participate in mediation in certain types of cases and modify and clarify its existing mediation regulations. The Board also establishes a new arbitration program under which carriers and shippers may agree voluntarily in advance to arbitrate certain types of disputes that come before the Board, and clarifies and simplifies its existing arbitration rules.

The Federal Communications Commission published a document in the Federal Register on February 6, 2013 (78 FR 8417), revising Commission rules. This document corrects the final regulation by revising certain provisions.