June 2013 – Federal Register Recent Federal Regulation Documents

This document corrects the amendatory language to a final rule published in the Federal Register on May 22, 2013, 78 FR 30231, regarding the Defense Federal Acquisition Regulation Supplement: Clarification of ``F'' Orders in the Procurement Instrument Identification Number Structure (DFARS Case 2012-D040). This correction makes one correction to the amendatory language.

The Federal Emergency Management Agency (FEMA) is withdrawing its proposed rule concerning proposed flood elevation determinations for Bolivar County, Mississippi and Incorporated Areas.

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.

EPA is taking direct final action to remove over fifty rules in the Code of Federal Regulations (CFR) at 40 CFR part 52 for Delaware, the District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia because they are unnecessary or obsolete. EPA is also taking direct final action to clarify regulations in 40 CFR part 52 to reflect updated citations of certain Virginia rules due to the Commonwealth's recodification of its regulations at the state level. These direct final actions make no substantive changes to these State Implementation Plans (SIPs) and impose no new requirements. In the proposed rules section of this Federal Register, EPA is also proposing to remove and clarify these regulations and is soliciting public comment. If adverse comments are received on the direct final rule, EPA will withdraw the portions of the final rule that triggered the comments. Any portions of the final rule for which no adverse or critical comment is received will become final after the designated period.

In this document, Petitions for Reconsideration (Petitions) have been filed in the Commission's Rulemaking proceeding by Russell D. Lukas on behalf of Wilson Electronics, LLC, Sean Haynberg on behalf of V-COMM, LLC, and by Mark L. Crosby on behalf of the Enterprise Wireless Alliance.

This action establishes Class E Airspace at Boca Grande, FL, to accommodate a new Area Navigation (RNAV) Global Positioning System (GPS) special Standard Instrument Approach Procedure (SIAP) serving Boca Grande Heliport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System. Also, geographic coordinates are corrected under their proper heading.

This action establishes Class E Airspace at Pine Island, FL, to accommodate a new Area Navigation (RNAV) Global Positioning System (GPS) special Standard Instrument Approach Procedure (SIAP) serving Pine Island Heliport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System. Also, geographic coordinates are corrected under their proper heading.

This action establishes Class E airspace at Linton, ND. Controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Linton Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

This action amends Class E airspace at La Pryor, TX. Additional controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Chaparrosa Ranch Airport. The airport's geographic coordinates are also adjusted. This action enhances the safety and management of Instrument Flight Rule (IFR) operations at the airport.

This action proposes to modify Class E airspace at Brigham City Airport, Brigham City, UT. The proposed decommissioning of the Brigham City Nondirectional Radio Beacon (NDB) has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also would make an adjustment to the geographic coordinates of the airport.

The U.S. Nuclear Regulatory Commission (NRC) is issuing interim staff guidance for implementation of the final rule, Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions (Distribution of Source Material Rule). The Distribution of Source Material Rule amended the NRC's regulations to require that the initial distribution of source material to exempt persons or to general licensees be explicitly authorized by a specific license. The Distribution of Source Material Rule also modified the existing possession and use requirements of the general license for small quantities of source material and revised, clarified, or deleted certain source material exemptions from licensing.

The Food and Drug Administration (FDA) is correcting a document amending the animal drug regulations to reflect approval actions for new animal drug applications and abbreviated new animal drug applications during March 2013 that appeared in the Federal Register of April 30, 2013. FDA is correcting the approved strengths of dexmedetomidine hydrochloride injectable solution. This correction is being made to improve the accuracy of the animal drug regulations.

This rule permits qualified immediate family members of A-1 or A-2 nonimmigrants to be independently classified as G-1, G-2, G-3, or G-4 nonimmigrants. It also clarifies that immediate family members of G-1, G-2, G-3, and G-4 nonimmigrants who have employment authorization may remain in G classification upon gaining employment that would otherwise allow them to change status to A classification. This rule is being promulgated to allow family members of employees of bilateral missions to work at international organizations in a visa status that reflects their position with the international organization.

The Rural Utilities Service (RUS or Agency) is proposing policies and procedures for determining rural eligibility for all loans and loan guarantee financial assistance. In addition, policies and procedures are proposed for determining the percentage of total project costs the Agency will finance where the project supplies electricity to an electric utility serving an area that is less than 100 percent rural. By codifying these policies and procedures the agency will provide needed flexibility in the methods utilized to determine eligibility and percentage of financing.

We propose to adopt a new airworthiness directive (AD) for Eurocopter Model SA-365N, SA-365N1, AS-365N2, AS 365 N3, EC 155B, EC155B1, AS332C, AS332L, AS332L1, AS332L2, and EC225LP helicopters with certain EADS Sogerma pilot and co-pilot seats installed. This proposed AD would require inspecting the rear beam of each seat to determine if all of the weld beads are present and replacing the seat if any weld bead is missing. This proposed AD is prompted by a maintenance inspection that discovered a missing weld bead on the rear beam of a pilot seat. The proposed actions are intended to prevent failure of the pilot and co-pilot seats and subsequent injury to the pilot or co- pilot.

We propose to adopt a new airworthiness directive (AD) for certain Agusta Model A109C, A109E, A109S, A109K2, and AW109SP helicopters. This proposed AD would require inspecting the lock wires securing the tail rotor (T/R) duplex bearing locking nut (locking nut) to determine whether any lock wires are missing or damaged. This proposed AD is prompted by reports of loosening T/R locking nuts, which if not corrected, could result in failure of the T/R and subsequent loss of control of the helicopter.

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Colorado River in Parker, Arizona for the Great Western Tube Float on June 8, 2013. This temporary safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative.

The Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the June 2012 plenary meeting of the Australia Group (AG) and the 2012 AG intersessional decisions. Specifically, this rule amends the Commerce Control List (CCL) entry in the EAR that controls human and zoonotic pathogens and ``toxins'' to reflect changes to the AG ``List of Biological Agents for Export Control'' that were made based on the understandings adopted at the June 2012 AG plenary meeting. These changes included the addition of three pathogens and clarifications to two other items. This rule also amends the CCL entry in the EAR that controls plant pathogens to reflect: The 2012 AG Plenary agreement to add five pathogens to the AG ``List of Plant Pathogens for Export Control;'' and the AG intersessional clarifications to six pathogens identified on this AG list. In addition, the CCL entry in the EAR that controls equipment capable of handling biological materials is amended to reflect the 2012 AG intersessional decision to add certain spray-drying equipment to the AG ``Control List of Dual-Use Biological Equipment and Related Technology and Software.'' This rule also removes the CCL entry that controls select agents not identified on any of the AG common controls lists, but identified on the CCL because they are (or were, until recently) subject to controls maintained by the Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services, and the Animal and Plant Health Inspection Service (APHIS), U.S. Department of Agriculture, on their possession, use, and transfer within the United States. Rather than continuing to control these select agents in a separate CCL entry, this rule adds those select agents that remain subject to the CDC/APHIS controls (as well as a recent addition to the list of select agents) to the AG-related CCL entries that control human and zoonotic pathogens and ``toxins'' and plant pathogens, respectively.

This regulation establishes tolerances for residues of sedaxane in or on multiple commodities which are identified and discussed later in this document. Syngenta Crop Protection, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes a tolerance for residues of imidacloprid in or on fish and fish-shellfish, mollusc requested by the Interregional Research Project Number 4 (IR-4) under the Federal Food, Drug, and Cosmetic Act (FFDCA). In addition, this regulation establishes time-limited tolerances for residues of imidacloprid in or on sugarcane, cane and sugarcane, molasses. This action is associated with the use of the pesticide on sugarcane under a crisis exemption granted by EPA under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The time-limited tolerances expire on December 31, 2015.

This regulation establishes an exemption from the requirement of a tolerance for residues of diisopropyl adipate when used as an inert ingredient (solvent) in pesticide formulations applied to pre- and post-harvest crops under EPA regulations at no more than 40% in formulated products intended for mosquito control. Wellmark International submitted a petition prepared by Technology Sciences Group Inc. to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of diisopropyl adipate.

EPA is taking direct final action to approve a revision to the Kentucky State Implementation Plan (SIP), submitted to EPA on August 9, 2012, by the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet, Division for Air Quality (DAQ). Kentucky's August 9, 2012, SIP revision includes changes to the maintenance plan for the Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN, maintenance area for the 1997 8-hour ozone national ambient air quality standards (NAAQS). The Cincinnati-Hamilton, OH-KY-IN, maintenance area for the 1997 8-hour ozone NAAQS includes the counties of Boone, Campbell and Kenton in Kentucky (hereafter also referred to as Northern Kentucky); a portion of Dearborn County, Indiana; and the entire counties of Butler, Clermont, Clinton, Hamilton and Warren in Ohio. Kentucky's August 9, 2012, SIP revision proposes to update the motor vehicle emissions budget using an updated mobile emissions model, the Motor Vehicle Emissions Simulator (also known as MOVES2010a), and to increase the safety margin allocated to motor vehicle emissions budgets (MVEBs or budgets) for nitrogen oxides (NOX) and volatile organic compounds (VOC) for Northern Kentucky to account for changes in the emissions model and vehicle miles traveled (VMT) projection model. EPA is approving this SIP revision and deeming the MVEB adequate for transportation conformity purposes, because the Commonwealth has demonstrated that it is consistent with the Clean Air Act (CAA or Act).

The Privacy and Civil Liberties Oversight Board is issuing this rule to provide information to the public about the Board's organization, function, and operations.

NMFS is issuing regulations under the Tuna Conventions Act of 1950 to implement Resolution C-12-09 of the Inter-American Tropical Tuna Commission (IATTC) by establishing limits on commercial retention of Pacific bluefin tuna by U.S. fishing vessels operating in the Eastern Pacific Ocean (EPO) in 2013. This action is necessary for the United States to satisfy its obligations as a member of the IATTC and to limit fishing on the stock.

NMFS publishes regulations to implement Amendment 94 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). This final rule amends certain sablefish provisions of the Individual Fishing Quota Program for the Fixed-Gear Commercial Fisheries for Pacific Halibut and Sablefish in Waters in and off Alaska (IFQ Program). Amendment 94 and its implementing regulations revise the vessel use caps applicable to sablefish quota share (QS) held by Gulf of Alaska (GOA) Community Quota Entities (CQEs). This final rule makes the same regulatory revisions to the vessel use caps applicable to halibut QS held by GOA CQEs. In this action, NMFS also revises the IFQ Program regulations to add three eligible communities to the CQE Program; to allow CQEs in International Pacific Halibut Commission regulatory area 3A (Area 3A) to purchase vessel category D halibut QS; to revise CQE annual reporting requirements, including specifying reporting requirements for the charter halibut program; to clarify the CQE floating processor landing reporting requirements; and to consolidate CQE Program eligibility by community in a single table in the regulations.