July 3, 2013 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing a temporary safety zone in the navigable waters near Lover's Point Park in the Pacific Grove, CA in support of The Feast of Lanterns Fireworks Event on July 27, 2013. This safety zone is established to ensure the safety of mariners and spectators from the dangers associated with the pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative.

This action expands the restricted airspace at Lake George, FL, and Pinecastle, FL, providing additional restricted airspace needed to contain airborne laser operations and other hazardous activities. The changes allow more realistic training in current tactics to be conducted at the range.

The Coast Guard will enforce a Safety Zone for the Riverfront Independence Festival Fireworks on the Ohio River 607.0 to 609.0 from 9:30 p.m. until 10:30 p.m. on July 3, 2013. This action is necessary for the safeguard of participants and spectators, including all crews, vessels, and persons on navigable waters during the Riverfront Independence Festival Fireworks. During the enforcement period, in accordance with a previously established Safety Zone, entry into, transiting through or anchoring in the Safety Zone is prohibited to all vessels not registered with the sponsor as participants or official patrol vessels, unless specifically authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative.

The Coast Guard will enforce the safety zone for the Fourth of July Fireworks Display, Tahoe City, 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).

This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Metropolitan Oakland International Airport, Oakland, CA. Controlled airspace is necessary to accommodate aircraft using the Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at the airport. This action would also modify Class E surface airspace designated as an extension to Class C airspace by removing the navigation aids from the airspace designation. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.

The Assistant Secretary for Elementary and Secondary Education proposes to change the maximum duration of grants awarded to State educational agencies (SEAs) under the Migrant Education Program (MEP) Consortium Incentive Grant (CIG) Program from two years to three years. We take this action to allow participating SEAs to have an additional year to conduct needed activities, evaluate their projects, and provide a final report addressing their success in completing project activities and achieving the objectives and outcomes that were established in their approved CIG program application.

This action amends the operating regulations for flight data recorders by correcting errors in recording rates in three different appendices. These errors create requirements that could not be met by certain airplanes without extensive modification, which was not intended when the requirements were adopted. The corrected recording rates are as intended when the applicable flight data recorder parameter requirements were adopted, but which have been omitted from the current publication of the regulatory text.

DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes.

We propose to supersede an existing airworthiness directive (AD) for Eurocopter France (Eurocopter) Model AS350B, BA, B1, B2, B3, D, AS355E, F, F1, F2, and N helicopters. The existing AD requires inspecting to determine whether a cross-member is installed at station X 2165 and doublers at X 2325 and Y 269, and installing them if they are missing. Since we issued that AD, we discovered that the applicability of the AD should be limited to those helicopters with collective-to-yaw control coupling. We also sought to revise the inspection of the tail rotor control rigging to clarify the procedures. This proposed AD would retain the requirements in the existing AD with the mentioned clarifications but would supersede it to include only those helicopters with collective-to-yaw control coupling. The actions specified by this proposed AD are intended to prevent reduced yaw control and subsequent loss of helicopter control.

We propose to adopt a new airworthiness directive (AD) for Eurocopter Deutschland GmbH (Eurocopter) Model EC135 P1, EC135 P2, EC135 P2+, EC135 T1, EC135 T2, and EC135 T2+ helicopters. This proposed AD would require analyzing the main gearbox (MGB) oil for indications of metal chips or pieces, reviewing the MGB log or equivalent record, and inspecting certain teeth in the MGB after two chip indications. This proposed AD is prompted by a partial tooth rupture found in an MGB that was returned to the manufacturer for repairs. The proposed actions are intended to detect wear in the MGB that could lead to a gear tooth rupture, failure of the MGB, loss of power to the main rotor, and subsequent loss of control of the helicopter.

We propose to supersede an existing airworthiness directive (AD) that applies to certain The Boeing Company Model 777-200 and -300 series airplanes equipped with Rolls-Royce engines. The existing AD currently requires repetitive inspections to detect cracks of the outer V-blades of the thrust reverser, and corrective action if necessary. The existing AD also provides for optional terminating action for the repetitive inspections. Since we issued that AD, we have received reports of cracked outer V-blade fittings at the hinge beam end of Rolls-Royce engine thrust reversers, on airplanes on which the optional terminating action was done. This proposed AD would add, for airplanes on which the optional terminating action is done, repetitive inspections for cracking in the outer V-blade fittings of the hinge beam and latch beam ends of each thrust reverser half, and replacement of an affected thrust reverser half if necessary. This proposed AD would also add airplanes to the applicability. We are proposing this AD to prevent separation of a thrust reverser from the airplane during normal reverse thrust or during a refused takeoff, which could result in unexpected thrust asymmetry and a possible runway excursion.

We are revising an earlier notice of proposed rulemaking (NPRM) that proposed to issue an airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model AB139 and AW139 helicopters with a certain wire strike protection system (WSPS) top cable cutter assembly installed. The existing NPRM proposes to require reworking or replacing the top cable cutter assembly to increase clearance between the WSPS and the main rotor (M/R) blades. The NPRM was prompted by a report of in-flight contact between the top cable-cutter assembly and two M/R blades. This action revises the proposals in the NPRM by requiring that the reworked or replaced part be marked with ``BT 139-126 Rev./'' or ``FAA'' at the end of the part number to reflect the field modification. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

We propose to supersede an existing airworthiness directive (AD) that applies to all Dassault Aviation Model FALCON 7X airplanes. The existing AD currently requires adding an automatic reversion logic and a means for the pilot to override pitch trim control normal modes, and installing placards in the cockpit; replacing the frame of the emergency switch box; replacing certain horizontal stabilizer electronic control units (HSECU); operating the airplane according to the limitations and procedures in the airplane flight manual (AFM); revising the Limitations section of the AFM; and revising the maintenance program to incorporate a certain maintenance planning document (MPD) task. Since we issued that AD, Dassault Aviation has developed a modification of the fly-by-wire (FBW) standard; changed the AFM to incorporate changes resulting from the FBW modification; and revised the airplane maintenance manual (AMM) to incorporate repetitive operational tests of the electric motors reversion relays and trim emergency command of the horizontal stabilizer trim system (HSTS). Once incorporated, these actions allow restoration of the originally certified minimum equipment list items. This proposed AD would retain certain requirements of the previous AD; would require modifying the FBW standard; operating the airplane according to the limitations and procedures in an approved AFM; and operational testing of the electric motors reversion relays and trim emergency command of the HSTS, and repairs if necessary. We are proposing this AD to prevent an uncontrolled pitch trim runaway, which could result in loss of control of the airplane.

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A318, A319, A320, and A321 series airplanes. This proposed AD was prompted by reports of certain sliding windows that were difficult to operate after landing. This proposed AD would require a detailed inspection to identify part numbers of sliding windows and sliding window seals, and modification if necessary. This proposed AD also includes an optional replacement. We are proposing this AD to detect and correct incorrect seals, which could lead to the functional loss of the sliding window as an exit, possibly preventing the flightcrew from safely evacuating the airplane during an emergency.

The Federal Housing Finance Agency (FHFA or Agency) is issuing a final rule governing the disclosure of FHFA non-public information. The final rule replaces rules issued by FHFA's predecessor agencies the Federal Housing Finance Board (Finance Board) and the Office of Federal Housing Enterprise Oversight (OFHEO). The final rule prohibits the unauthorized disclosure of FHFA non-public information, replaces the Finance Board's rule on the Availability of Unpublished Information, and parallels those portions of OFHEO's former rule on non-public information that were not replaced by FHFA's Freedom of Information Act regulation.

This document contains final regulations under section 108(i) of the Internal Revenue Code (Code). These regulations primarily affect C corporations and provide necessary guidance regarding the accelerated inclusion of deferred discharge of indebtedness (also known as cancellation of debt (COD)) income (deferred COD income) and the accelerated deduction of deferred original issue discount (OID) (deferred OID deductions) under section 108(i)(5)(D) (acceleration rules), and the calculation of earnings and profits as a result of an election under section 108(i). In addition, these regulations provide rules applicable to all taxpayers regarding deferred OID deductions under section 108(i) as a result of a reacquisition of an applicable debt instrument by an issuer or related party.

EPA is proposing to approve the Clean Air Act (CAA) section 111(d)/129 negative declaration for the District of Columbia for hospital/medical/infectious waste incinerator (HMIWI) units. This negative declaration certifies that HMIWI units subject to the requirements of sections 111(d) and 129 of the CAA do not exist within the jurisdictional boundaries of the District Department of the Environment (DDOE). In the Final Rules section of this Federal Register, EPA is approving the negative declaration 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 action, 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. Any parties interested in commenting on this action should do so at this time.

EPA is taking direct final action to approve a negative declaration for hospital/medical/infectious waste incinerator (HMIWI) units within the District of Columbia. This negative declaration certifies that HMIWI units subject to the requirements of sections 111(d) and 129 of the Clean Air Act (CAA) do not exist within the jurisdictional boundaries of the District Department of the Environment (DDOE). EPA is accepting the negative declaration in accordance with the requirements of the Clean Air Act (CAA).

This regulation establishes tolerances for residues of fenbuconazole in or on pepper. Dow AgroSciences LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

HHS is issuing this final rule (herein referred to as ``this rule'') to add vascularized composite allografts (VCAs) as specified herein to the definition of organs covered by the rules governing the operation of the Organ Procurement and Transplantation Network (OPTN) (herein referred to as the OPTN final rule). When it enacted the National Organ Transplant Act in 1984, Congress included a definition of the term organ and authorized the Secretary to expand this definition by regulation. The Secretary has previously exercised this authority and expanded the statutory definition of organ. Prior to this rule, the OPTN final rule defined covered organs as ``a human kidney, liver, heart, lung, or pancreas, or intestine (including the esophagus, stomach, small and/or large intestine, or any portion of the gastrointestinal tract). Blood vessels recovered from an organ donor during the recovery of such organ(s) are considered part of an organ with which they are procured for purposes of this part if the vessels are intended for use in organ transplantation and labeled `For use in organ transplantation only.' '' This rule also includes a corresponding change to the definition of human organs covered by section 301 of the National Organ Transplant Act of 1984, as amended (NOTA).

EPA proposes to approve the State Implementation Plan (SIP) revisions submitted by the Commonwealth of Virginia for the purpose of removing four articles located in chapter 9VAC5-40 (Existing Stationary Sources) from the Virginia SIP. These articles are being removed because they were repealed in their entirety and replaced by articles in chapter 9VAC5-45 (Consumer and Commercial Products). In the Final Rules section of this Federal Register, EPA is approving the Commonwealth's SIP submittal 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 action, 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. Any parties interested in commenting on this action should do so at this time.

EPA is approving a request submitted by the Illinois Environmental Protection Agency (Illinois EPA) on April 11, 2013, to revise the Illinois state implementation plan (SIP). The submission revises Title 35 of the Illinois Administrative Code (IAC) Part 254, Annual Emissions Report. The revision provides clarification regarding greenhouse gases (GHGs) as it relates to the annual emissions report. The rationale for approval and other information are provided in this rulemaking action.

The Bureau of Consumer Financial Protection (Bureau) is publishing a final rule that establishes procedures to implement requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. That statutory provision authorizes the Bureau to supervise a nonbank covered person when the Bureau has reasonable cause to determine, by order, after notice to the person and a reasonable opportunity to respond, that such person is engaging, or has engaged, in conduct that poses risks to consumers with regard to the offering or provision of consumer financial products or services. The Bureau is authorized to, among other things, require reports from, and conduct examinations of, nonbank covered persons subject to supervision under the Act.