June 2013 – Federal Register Recent Federal Regulation Documents

EPA is proposing to partially approve and partially disapprove a State Implementation Plan (SIP) submitted by the State of Wyoming on January 12, 2011, that addresses regional haze. This SIP revision was submitted to address the requirements of the Clean Air Act (CAA or ``the Act'') and our rules that require states to prevent any future and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is taking this action pursuant to section 110 of the CAA. EPA is also proposing a Federal Implementation Plan (FIP) to address the deficiencies identified in our proposed partial disapproval of Wyoming's regional haze SIP. In lieu of our proposed FIP, or a portion thereof, we will propose approval of a SIP revision as expeditiously as practicable if the State submits such a revision and the revision matches the terms of our proposed FIP. We will also review and take action on any regional haze SIP submitted by the state to determine whether such SIP is approvable, regardless of whether or not its terms match those of the FIP. We encourage the State to submit a SIP revision to replace the FIP, either before or after our final action.

EPA is approving a State Implementation Plan (SIP) revision for the Commonwealth of Pennsylvania submitted by Allegheny County Health Department (ACHD). This SIP revision consists of a demonstration that Allegheny County's portion of the Pennsylvania requirements of reasonably available control technology (RACT) for nitrogen oxides (NOX) and volatile organic compounds (VOCs) satisfy the RACT requirements set forth by the Clean Air Act (CAA). This SIP revision demonstrates that all requirements for RACT are met through: Certification that previously adopted RACT controls in Pennsylvania's SIP that were approved by EPA under the 1-hour ozone national ambient air quality standards (NAAQS) are based on the currently available technically and economically feasible controls, and that they continue to represent RACT for the 8- hour ozone NAAQS; a negative declaration demonstrating that no facilities exist in Allegheny County for certain control technology guideline (CTG) categories; and a new RACT determination for a specific source. This action is being taken under the CAA.

The Federal Deposit Insurance Corporation (``FDIC'') is adopting a final rule that establishes criteria for determining if a company is predominantly engaged in ``activities that are financial in nature or incidental thereto'' for purposes of Title II of the Dodd- Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'' or the ``Act''). A company that is predominantly engaged in such activities is a ``financial company'' for purposes of Title II of the Act (``Title II'') unless it is one of the few entities specifically excepted by the Act. A financial company, other than an insured depository institution, may be subject to Title II's orderly liquidation authority if, among other things, it is determined that the failure of the company and its resolution under otherwise applicable law would have serious adverse effects on financial stability in the United States.

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This action establishes Class E airspace at the Tobe VHF Omni- Directional Radio Range/Distance Measuring Equipment (VOR/DME), Tobe, CO, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Denver and Albuquerque Air Route Traffic Control Centers (ARTCCs). This improves the safety and management of Instrument Flight Rules (IFR) operations within the National Airspace System.

This action establishes Class E airspace at the Gillette VHF Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME), Gillette, WY, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Denver, Salt Lake City and Minneapolis Air Route Traffic Control Centers (ARTCCs). This improves the safety and management of IFR operations within the National Airspace System.

This action establishes Class E surface airspace at Tri-Cities Airport, Pasco, WA, to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Tri-Cities Airport, Pasco, WA. The geographic coordinates of Tri-Cities Airport and Vista Field Airport, Kennewick, WA, formerly called Vista Airport, are adjusted for existing Class D and E airspace. This action also makes a minor change to the legal description of the Class E airspace designated as an extension to Class D surface area. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.

EPA is proposing new requirements under the Formaldehyde Standards for Composite Wood Products Act, or Title VI of the Toxic Substances Control Act (TSCA). These proposed requirements are designed to implement the statutory formaldehyde emission standards for hardwood plywood, medium-density fiberboard, and particleboard sold, supplied, offered for sale, or manufactured (including imported) in the United States. As directed by the statute, this proposal includes provisions relating to, among other things, laminated products, products made with no-added formaldehyde resins or ultra low-emitting formaldehyde resins, testing requirements, product labeling, chain of custody documentation and other recordkeeping requirements, enforcement, and product inventory sell-through provisions, including a product stockpiling prohibition. The composite wood product formaldehyde emission standards contained in TSCA Title VI are identical to the emission standards currently in place in California. This regulatory proposal implements these emissions standards and is designed to ensure compliance with the TSCA Title VI formaldehyde emission standards while aligning, where practical, with the regulatory requirements in California.

This action corrects the ``Dates'' section in the interim final rule for Northeast (NE) Multispecies Framework Adjustment 48, published on May 3, 2013. It also stays a provision that inadvertently was made effective on May 1, 2013.

We are adopting a new airworthiness directive (AD) for all Rolls-Royce plc (RR) Viper Mk. 601-22 turbojet engines. This AD requires reducing the life of certain critical parts. This AD was prompted by a review carried out by RR of the lives of these parts. We are issuing this AD to prevent failure of life-limited parts, damage to the engine, and damage to the airplane.

The Assistant Secretary for Special Education and Rehabilitative Services announces a priority for the Disability and Rehabilitation Research Projects and Centers Program administered by the National Institute on Disability and Rehabilitation Research (NIDRR). Specifically, we announce a priority for a Rehabilitation Research and Training Center (RRTC) on Promoting Healthy Aging for Individuals with Long-Term Physical Disabilities. The Assistant Secretary may use this priority for competitions in fiscal year (FY) 2013 and later years. We take this action to focus research attention on areas of national need. We intend this priority to improve health and function outcomes for individuals aging with long-term physical disabilities.

NMFS proposes regulations to implement Regulatory Amendment 2 to the Fishery Management Plan (FMP) for the Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands (USVI) (Regulatory Amendment 2), as prepared by the Caribbean Fishery Management Council (Council). If implemented, this rule would revise the commercial trip limit for queen conch in the Caribbean exclusive economic zone (EEZ) to be compatible with the trip limit in USVI territorial waters. The purpose of this proposed rule is to improve the compatibility of Federal and USVI territorial regulations for queen conch in order to facilitate enforcement efforts while ensuring the long-term health of the queen conch resource.

In this document, a Petition for Reconsideration and Clarification (Petition) has been filed in the Commission's Rulemaking proceeding by Bruce A. Olcott on behalf of The Boeing Company.

The Coast Guard is establishing a temporary safety zone on the waters of the Illinois River starting at Mile Marker 246.9 and extending 600 yards upstream of the Marseilles Dam to Mile Marker 247.2. This zone is intended to restrict the movement of vessels due to the salvage operations and repair efforts at the Marseilles Dam. This safety zone is necessary to protect the general public, vessels, and tows from the hazards associated with those repair and salvage operations.

We, NMFS, are extending the public comment period soliciting information to inform our status review of Pacific harbor seals (Phoca vitulina richardii) in Iliamna Lake, Alaska. On May 17, 2013, we published a notice announcing a positive 90-day finding on a petition to list the harbor seals in Iliamna Lake as threatened or endangered under the Endangered Species Act (ESA), and we initiated a status review. As part of that notice, we solicited scientific and commercial information about the status of the seals and announced a 60-day comment period to end on July 16, 2013. Today, we extend the public comment period to August 16, 2013.

This final rule establishes policy, assigns responsibilities, and prescribes procedures for carrying out the Post-9/11 GI Bill. It establishes policy for the use of supplemental educational assistance (hereafter referred to as ``kickers'') for Service members with critical skills or specialties, or for members serving additional service; for authorizing the transferability of education benefits (TEB); and the DoD Office of the Actuary to perform determinations in support of DoD funding responsibilities.

We propose to adopt a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model AS332L2 and EC225LP helicopters. This proposed AD would require inspecting the torque value of the bolts that secure the front and rear main gearbox (MGB) suspension bar attaching fittings, and re-torqueing the bolts to the proper value if the torque value is out of tolerance. This proposed AD would also require, if the torque value is out of tolerance by more than 20 percent, inspecting the bolts, frames, and related equipment for a crack and repairing or replacing them if cracked. This proposed AD is prompted by reports of cracks on Frame 5295 of Model AS332L2 helicopters. These actions are intended to detect the torque loss of the bolts that secure the MGB bar attaching fittings and to prevent cracks that could lead to failure of the MGB supporting structure, detachment of the MGB, and loss of helicopter control.

We propose to adopt a new airworthiness directive (AD) for certain Bell Model 206B and 206L helicopters. This proposed AD would require installing a placard beneath the engine power dual tachometer and revising the operating limitations section of the rotorcraft flight manual (RFM). This proposed AD is prompted by several incidents of third stage engine turbine wheel failures, which were caused by excessive vibrations at certain engine speeds during steady-state operations. The proposed actions are intended to alert pilots to avoid certain engine speeds during steady-state operations, prevent failure of the third stage engine turbine, engine power loss, and subsequent loss of control of the helicopter.

We propose to adopt a new airworthiness directive (AD) for certain Bell Model 430 helicopters. This proposed AD would require installing a placard on the instrument panel and revising the limitations section of the rotorcraft flight manual (RFM). This proposed AD is prompted by several incidents of third stage engine turbine wheel failures, which were caused by excessive vibrations at certain engine speeds during steady-state operations. The proposed actions are intended to alert pilots to avoid certain engine speeds during steady-state operations, prevent failure of the third stage engine turbine, engine power loss, and subsequent loss of control of the helicopter.

These technical corrections address certain inadvertent errors and omissions in the HIPAA Privacy, Security, and Enforcement Rules that are located at 45 CFR parts 160 and 164.

The Department of the Interior is finalizing regulations guiding implementation of the Buy Indian Act, which provides Indian Affairs (IA) with authority to set aside procurement contracts for Indian-owned and controlled businesses. This rule supplements the Federal Acquisition Regulation (FAR) and the Department of the Interior Acquisition Regulation (DIAR).

EPA is granting the State of Indiana final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The Agency published a proposed rule on October 9, 2012, and provided for public comment. EPA received no comments. No further opportunity for comment will be provided. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization.

NMFS proposes to eliminate the expiration date (or ``sunset clause'') contained in regulations requiring vessel speed restrictions to reduce the likelihood of lethal vessel collisions with North Atlantic right whales. The regulations restrict vessel speeds to no more than 10 knots for vessels 65 ft (19.8 m) or greater in overall length in certain locations and at certain times of the year along the east coast of the U.S. Atlantic seaboard. The speed regulations will expire December 9, 2013, unless the sunset clause is removed. NMFS seeks public comment on the Proposed Rule to eliminate the sunset clause and on metrics for assessing the long term costs and benefits of the rule to the endangered North Atlantic right whale population.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the South 11th Street (``Murray Morgan'') Bridge across the City Waterway also known as the Thea Foss Waterway, mile 0.6, at Tacoma, WA. The current test deviation will expire 8 a.m. June 15, 2013. This deviation is necessary to continue with the current operating schedule until the final rulemaking changes permanently go into effect.

The Coast Guard is establishing a temporary safety zone on the navigable waters of Long Island Sound in the vicinity of Glen Cove, NY for a fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. This rule is intended to restrict all vessels from a portion of Long Island Sound before, during, and immediately after the fireworks event.