July 2, 2013 – Federal Register Recent Federal Regulation Documents

EPA is approving State Implementation Plan (SIP) submittals from the State of West Virginia pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. West Virginia has made submittals addressing the infrastructure requirements for the 2008 8-hour ozone NAAQS. This action approves portions of those submittals.

On July 5, 2011, the Michigan Department of Environmental Quality (MDEQ) submitted a request for EPA to redesignate the Detroit- Ann Arbor Michigan nonattainment area (Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties), referred to as the Detroit-Ann Arbor area, to attainment of the Clean Air Act (CAA or Act) 1997 annual and the 2006 24-hour national ambient air quality standards (NAAQS or standard) for fine particulate matter (PM2.5). EPA is proposing to redesignate the area. EPA is also proposing several additional related actions. EPA is proposing to determine that the entire Detroit-Ann Arbor area continues to attain both the annual and 24-hour PM2.5 standards. EPA is proposing to approve, as revisions to the Michigan state implementation plan (SIP), the state's plan for maintaining the 1997 annual and the 2006 24-hour PM2.5 NAAQS through 2022 in the area. EPA previously approved the base year emissions inventory for the Detroit-Ann Arbor area, which met the comprehensive emissions inventory requirement of the Act. Michigan's maintenance plan submission includes a budget for the mobile source contribution of PM2.5 and nitrogen oxides (NOX) to the Detroit-Ann Arbor Michigan PM2.5 area for transportation conformity purposes, which EPA is proposing to approve. EPA is proposing to take this action in accordance with the CAA and EPA's implementation regulations regarding the 1997 and the 2006 PM2.5 NAAQS.

NMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements contained in regulations implementing amendments to four western Pacific fishery ecosystem plans, relating to fishing in three marine national monuments. The intent of this final rule is to inform the public that OMB has approved the associated reporting requirements.

NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2013 total allowable catch of Pacific ocean perch in the Western Regulatory Area of the GOA.

The Coast Guard is establishing a temporary safety zone on the Fox River in Green Bay, WI. This safety zone is intended to restrict vessels from a portion of the Fox River due to a water ski show. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the water ski show.

The Coast Guard is establishing four temporary safety zones upon the navigable waters of the San Diego Bay for the annual Port of San Diego Fourth of July Big Bay Boom Fireworks display on the evening of July 4, 2013. These temporary 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 unless authorized by the Captain of the Port or his designated representative.

The Coast Guard is establishing a temporary safety zone on the navigable waters of Assawoman Bay in Ocean City, MD to support the Northside Park Pier Fireworks. This action is intended to restrict vessel traffic movement in the designated area in order to protect the life and property of the maritime public and spectators from the hazards associated with fireworks displays.

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Chesapeake Bay in Hampton, VA to support the Fort Monroe Fireworks. This action is intended to restrict vessel traffic movement in the specified area in order to protect the life and property of the maritime public and spectators from the hazards associated with fireworks displays.

The Coast Guard will enforce the safety zone for the Independence Day Fireworks, Kings Beach, CA 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 Coast Guard will enforce the safety zone for the ``Lights on the Lake'' Fourth of July Fireworks display, South Lake Tahoe, CA 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 Coast Guard is revising the regulated area for the 2013 America's Cup sailing events. Previously, the Coast Guard established a special local regulation, on July 17, 2012, for sailing regattas scheduled to be conducted on the waters of San Francisco Bay adjacent to the City of San Francisco waterfront in the vicinity of the Golden Gate Bridge and Alcatraz Island. The Coast Guard is amending the rule to modify the eastern boundary of the Primary Regulated Area. The change relocates the northeast corner of the Primary Regulated Area to the east 360 yards and relocates the southeast corner 910 yards to the southwest.

The Food and Drug Administration (FDA) is correcting a proposed order that appeared in the Federal Register of June 12, 2013 (78 FR 35173). The document proposed to reclassify stair-climbing wheelchairs. The document was published with typographical errors in the DATES section of the document. This document corrects those errors.

The Agricultural Marketing Service (AMS) is amending the Cotton Board Rules and Regulations, decreasing the value assigned to imported cotton for the purposes of calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. This amendment is required each year to assure that assessments collected on imported cotton and the cotton content of imported products will be the same as those paid on domestically produced cotton. In addition, AMS is changing two Harmonized Tariff Schedule (HTS) statistical reporting numbers that were amended since the last assessment adjustment in 2012.

We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on our October 17, 2012, proposed designation of critical habitat for three plant species (Bidens micrantha ssp. ctenophylla (kookoolau), Isodendrion pyrifolium (wahine noho kua), and Mezoneuron kavaiense (uhiuhi)) on Hawaii Island under the Endangered Species Act of 1973, as amended (Act). In response to requests we received, we are reopening the comment period to allow all interested parties an opportunity to comment on the proposed designation of critical habitat and the draft economic analysis. Comments previously submitted on the proposed rule or draft economic analysis need not be resubmitted as they will be fully considered in our determinations on this rulemaking action. We also announce a public information meeting on our proposed rule and associated documents.

The Commission affirms, modifies, and clarifies certain decisions adopted in the Report and Order in MB Docket No. 11-154 regarding closed captioning requirements for video programming delivered using Internet protocol (``IP'') and apparatus used by consumers to view video programming. The action is taken in response to three petitions for reconsideration of the Report and Order, which adopted rules governing the closed captioning requirements for the owners, providers, and distributors of IP-delivered video programming and rules governing the closed captioning capabilities of certain apparatus on which consumers view video programming.

We propose to supersede three existing airworthiness directives (ADs) that apply to The Boeing Company Model 757-200, - 200PF, and -200CB series airplanes. The existing ADs currently require repetitive inspections and audible tap tests of the upper and lower skins of the trailing edge wedges on certain slats, and related investigative and corrective actions if necessary. Since we issued these ADs, we have received reports of slats disbonding on airplanes on which the terminating actions of the existing ADs were completed and also reports of slats disbonding on airplanes outside of the applicability of the existing ADs. This proposed AD would require a determination of the type of trailing edge wedges of the leading edge slats, repetitive inspections on certain trailing edge wedges for areas of skin-to-core disbonding, and corrective actions if necessary. This proposed AD would also provide an optional terminating action for the repetitive inspections. This AD would revise the applicability of the existing ADs to include additional airplanes. We are proposing this AD to prevent delamination of the trailing edge wedge of the leading edge slats, possible loss of pieces of the trailing edge wedge assembly during flight, reduction of the reduced maneuver and stall margins, and consequent reduced controllability of the airplane.

The Report and Order eliminates comparably efficient interconnection (CEI) and open network architecture (ONA) narrowband reporting requirements applicable to the Bell Operating Companies (BOCs). These requirements have been in place to monitor the BOCs' compliance with access and interconnection services that they must offer to competitive enhanced service providers (ESPs). The Commission no longer relies on the reports in the course of its decision making, and there is nothing in the record indicating that the reports contain information that is useful to ESPs. Eliminating them will improve the way the Commission collects, uses, and disseminates data, including by altering or eliminating collections that are no longer useful or necessary to carry out our statutory responsibilities.

We are superseding airworthiness directive (AD) 2010-14-14 that applies to certain Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. AD 2010-14-14 currently requires, for certain airplanes, repetitively replacing the low-stage check valve and associated seals of the right hand (RH) engine's engine bleed system with a new check valve and new seals, replacing the low pressure check valves (LPCVs), and revising the maintenance program. For certain other airplanes, AD 2010-14-14 requires replacing a certain low-stage check valve with an improved low-stage check valve. For certain airplanes, this new AD adds replacing certain LPCVs of the left hand (LH) and RH engines, which would be an option for other airplanes. This AD was prompted by reports of uncommanded engine shutdowns on both Model ERJ 170 and ERJ 190 airplanes due to excessive wear and failure of LPCVs having certain part numbers. We are issuing this AD to prevent the possibility of a dual engine in-flight shutdown due to LPCV failure.

The Coast Guard is temporarily changing the date of a safety zone for one specific recurring fireworks display in the Fifth Coast Guard District. This regulation applies only to one recurring fireworks event, held on the Pagan River in Smithfield, VA. The regulation currently states that the event occurs on July 4, 2013, however this year the event will take place on July 3, 2013. This action is necessary to provide for the safety of life on navigable waters during the Smithfield Independence Day Fireworks. This action is intended to restrict vessel traffic movement on the Pagan River to protect mariners from the hazards associated with fireworks displays.

The Merit Systems Protection Board (MSPB or the Board) hereby amends its rules of practice and procedure to conform the Board's regulations to legislative changes that amended whistleblower protections for Federal employees and the penalties available in cases where the MSPB determines that a Federal employee or a State or local officer or employee violated restrictions on partisan political activity.

This proposed rule is a companion to the Agricultural Marketing Service's (AMS) direct final rule (published today in the ``Rules and Regulations'' section of the Federal Register), amending the Cotton Board Rules and Regulations by decreasing the value assigned to imported cotton for calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. An amendment is required to adjust the value assigned to imported cotton and the cotton content of imported products so that it is the same as those paid on domestically produced cotton. In addition, AMS is updating two Harmonized Tariff Schedule (HTS) statistical reporting numbers that were amended since the last assessment adjustment. This proposed rule is a companion document to the direct final rule published elsewhere in this issue of the Federal Register. AMS is publishing this amendment as a direct final rule without prior proposal because the agency is contemplated by statute and required by regulation in 7 CFR 1205.510 and anticipates no significant adverse comment. AMS has explained its reasons in the preamble of the direct final rule. If AMS receives no significant adverse comment during the comment period, no further action on this proposed rule will be taken. If, however, AMS receives significant adverse comment, AMS will withdraw the direct final rule and it will not take effect. In that case, AMS will address all public comments in a subsequent final rule based on this proposed rule. AMS will not institute a second comment period on this rule. Any parties interested in commenting must do so during this comment period.

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Buena Vista Lake shrew (Sorex ornatus relictus) under the Endangered Species Act (Act). In total, approximately 2,485 acres (1,006 hectares) in Kings and Kern Counties, California, fall within the boundaries of the critical habitat designation. The effect of this regulation is to conserve the Buena Vista Lake shrew's habitat under the Act.

We are adopting a new airworthiness directive (AD) for certain Learjet Inc. Model 60 airplanes. This AD was prompted by a report of a high-speed rejected takeoff caused by all four main landing gear (MLG) tires blowing out during the takeoff roll. This AD requires installing new rigid hydraulic tube assemblies to the MLG struts; installing a new MLG squat switch bracket, modifying the MLG squat switch wire harness; modifying the MLG anti-skid wheel transducer electrical wire harnesses; routing and securing the anti-skid wheel and squat switch electrical wire harnesses to the MLG strut assembly; installing outboard bracket assemblies, anti-skid shield, forward electrical cover on the forward stiffener, upper and lower inboard bracket assemblies, and clamps that support the electrical wire harness; modifying the aft stiffener for the new electrical wire harness support; installing the aft electrical cover and strap on the aft stiffener; installing a new flat landing light lamp if necessary; and, for certain airplanes, installing a new wheel speed detect box assembly, nutplates, and brackets and a new thrust reverser interface box, and modifying the wiring for the new thrust reverser interface box. We are issuing this AD to prevent failure of the braking system or adverse operation of the spoiler and thrust reverser system due to external damage, particularly from tire failure, which could result in loss of control of the airplane.