July 2013 – Federal Register Recent Federal Regulation Documents

American Honda Motor Co., Inc. (Honda) \1\ has determined that the tire pressure monitoring system (TPMS) low tire pressure warning for certain model year (MY) 2011 and 2012 Acura TSX passenger cars equipped with accessory 18-inch diameter wheels sold at Honda dealerships do not comply with paragraph S4.2(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 138 Tire Pressure Monitoring Systems. Honda has filed an appropriate report dated September 27, 2012, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports.

The National Science Foundation (NSF) has submitted the following information collection requirement to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. This is the second notice for public comment; the first was published in the Federal Register at 78 FR 23598, and no comments were received. NSF is forwarding the proposed renewal submission to the Office of Management and Budget (OMB) for clearance simultaneously with the publication of this second notice. The full submission may be found at: https://www.reginfo.gov/public/do/PRAMain. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions f the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for National Science Foundation, 72517th Street NW. Room 10235, Washington, DC 20503, and to Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 1265, Arlington, Virginia 22230 or send email to splimpto@nsf.gov. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling 703-292-7556. NSF may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

In compliance with the requirements of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory Commission (Commission or FERC) is submitting the information collection, FERC Form No. 580 (Interrogatory on Fuel and Energy Purchase Practices), to the Office of Management and Budget (OMB) for review of the information collection requirements. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission issued a Notice in the Federal Register (78 FR 26766, 5/8/2013) requesting public comments. FERC received two comments on the FERC-580. FERC addresses these comments in this notice and in its submittal to OMB.

We propose to supersede an existing airworthiness directive (AD) that applies to certain The Boeing Company Model 747 series airplanes. The existing AD currently requires repetitive detailed inspections to detect cracking in certain fuselage upper deck tension ties, repair or modification of any cracked tension ties, and repetitive inspections of repaired and modified tension ties and repair or modification if necessary. The existing AD also provides for optional terminating action for the repetitive detailed inspections of tension ties that have not been repaired or modified. This proposed AD was prompted by an evaluation by the design approval holder indicating that the upper deck tension ties of the fuselage are subject to widespread fatigue damage. This proposed AD would retain the repetitive inspections, mandate the previously optional terminating modification, and add, for tension ties that have not been repaired or modified, repetitive inspections that must be done concurrently with the existing repetitive inspections. We are proposing this AD to prevent widespread fatigue damage of certain fuselage upper deck tension ties, which could result in reduced structural integrity of the airplane.

On June 13, 2013 (78 FR 35606-35607), DoD published a notice altering a Privacy Act System of Records notice (NGA-013, National Geospatial-Intelligence Agency (NGA) Inspector General Investigative and Complaint Files). Subsequent to the publication of that notice, DoD discovered that the ``Routine uses of records maintained in the system, including categories of uses and the purposes for such uses'' paragraphs were not included. This notice corrects that omission.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the Alaska Aerospace Corporation (AAC) to take two species of pinnipeds incidental to space vehicle and missile launch operations at the Kodiak Launch Complex (KLC) in Kodiak, Alaska.

We are superseding airworthiness directive (AD) 2011-13-08 for certain Bombardier, Inc. Model DHC-8-400 series airplanes. AD 2011-13- 08 required a free-play check for excessive free-play of the shaft swaged bearing installed in the tailstock end of each elevator power control unit (PCU), and replacing any PCU on which the bearing exceeds allowable limits with a serviceable PCU. This new AD adds airplanes to the applicability from that of AD 2011-13-08. This AD was prompted by a determination that additional airplanes are affected by the identified unsafe condition. We are issuing this AD to detect and correct excessive free-play of the swaged bearings, which could lead to excessive airframe vibrations and difficulties in pitch control, and consequent loss of controllability of the airplane.

Kansas has applied to EPA for final authorization for changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Kansas.

We are adopting a new airworthiness directive (AD) for certain Learjet Inc. Model 45 airplanes. This AD was prompted by a report that the fire barrier seal on the external baggage door does not seal the surrounding door structure due to incorrect positioning of the barrier. This AD requires modifying the fire seal on the baggage door, including doing inspections of the fire seal for correct contact and corrective action if necessary. We are issuing this AD to prevent improper sealing of the baggage door, which could increase the risk of an uncontained fire in the baggage compartment.

The Board of Governors of the Federal Reserve System (Board) proposes to revise its market risk capital rule (market risk rule) to address recent changes to the Country Risk Classifications (CRCs) published by the Organization for Economic Cooperation and Development (OECD), which are referenced in the Board's market risk rule; to clarify the treatment of certain traded securitization positions; to make a technical amendment to the definition of covered position; and to clarify the timing of the required market risk disclosures. These changes would conform the Board's current market risk rule to the requirements in the Board's new capital framework and thereby allow the current market risk rule to serve as a bridge until the new capital framework becomes fully effective for all banking organizations.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is hereby given of a proposed settlement agreement to address a lawsuit filed by Communities for a Better Environment, California Communities Against Toxics, Desert Citizens Against Pollution, Natural Resources Defense Council, and Physicians for Social Responsibility-Los Angeles (collectively ``Petitioners'') in the United States Court of Appeals for the Ninth Circuit: Communities for a Better Environment, et al. v. EPA, No. 12- 71340, (9th Cir.). On April 30, 2012, Petitioner filed a petition for review challenging EPA's final action to approve the state implementation plan (SIP) revisions submitted by California to provide for attainment of the 1997 8-hour ozone national ambient air quality standard in the Los Angeles-South Coast area (``South Coast''). The proposed settlement agreement establishes a deadline for EPA to take action on subsequently submitted SIP revisions for the South Coast.

FMCSA announces that Commercial Mobile Radio Services (CMRS) network devices can be used as transponders for the purposes of CVISN electronic screening truck inspection and weigh station bypass systems. CMRS network devices such as smartphones, tablets, fleet management systems, global positioning system (GPS) navigational units, and onboard telematics devices (referred to collectively as ``wireless mobile data devices'') have the capability of transmitting and receiving the same information between the driver and the inspection site as the dedicated short-range communication (DSRC)-enabled transponders operating at the 915 MHz frequency currently used to fulfill the CVISN electronic screening requirement for core compliance. This policy does not affect the applicability or enforcement of FMCSA's regulations prohibiting texting and the use of hand-held wireless mobile phones by commercial motor vehicle (CMV) drivers.

The Department of Transportation (DOT) invites public comments on a request to the Office of Management and Budget (OMB) to approve an Emergency Information Collection Request in accordance with the requirements of the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 USC 3501 et seq). This request is being submitted to OMB via an Emergency Information Collection Request. On July 6, 2012, the President of the United States signed the Moving Ahead for Progress in the 21st Century Act of 2012 (MAP-21). MAP-21 authorized $750 million in FY 2013 and $1 billion in FY 2014 for the Transportation Infrastructure Financing and Innovation Act (TIFIA) program to pay the subsidy cost of supporting Federal credit. The TIFIA program will provide Federal credit assistance in the form of direct loans, loan guarantees, and standby lines of credit to eligible surface transportation projects. This information collection relates to the collection of information from entities interested in TIFIA credit assistance and assists the DOT in evaluating projects and project sponsors for program eligibility and creditworthiness.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that we have issued an incidental harassment authorization (IHA) to the U.S. Navy (Navy) to incidentally harass, by Level B harassment only, six species of marine mammals during construction activities associated with a wharf construction project in Hood Canal, Washington.

The FAA is proposing that safety information provided to it under the T-SAP, established in Notice JO 7210.807 which will be incorporated in FAA Order JO 7200.20, Voluntary Safety Reporting Programs, and ATSAP, covered by FAA Order JO 7200.20, be designated by an FAA Order as protected from public disclosure in accordance with the provisions of 14 CFR part 193, Protection of Voluntarily Submitted Information. The designation is intended to encourage persons to voluntarily provide information to the FAA under the T-SAP and ATSAP, so the FAA can learn about and address aviation safety hazards of which it was unaware or more fully understand and implement corrective measures for events or safety issues known by it through other means. Under 49 U.S.C. 40123, Protection of Voluntarily Submitted Information, the FAA is required to protect information from disclosure to the public, including disclosure under the Freedom of Information Act (5 U.S.C. 552) or other laws, following the issuance of such Order.

The SEDAR 32 assessment of the South Atlantic stock of Gray Triggerfish will consist of: A Data Workshop; a series of Assessment webinars; and a Center for Independent Experts (CIE) Desk Review. See SUPPLEMENTARY INFORMATION.

This notice advises the public that three direct take permits have been issued pursuant to the Endangered Species Act of 1973 (ESA) for operation, monitoring, and evaluation of hatchery programs rearing and releasing spring Chinook salmon in the Wenatchee River basin of Washington state, and that the decision documents are available upon request.

The Federal Communications Commission (Commission) seeks comment on whether, and, if so, to what extent, incumbent satellite operators are inhibiting competition in the market for satellite services, particularly in the fixed-satellite services (FSS) arena. Specifically, the Commission seeks comment on whether FSS operators are warehousing satellite orbital locations and frequency assignments, and preventing competitors from purchasing capacity on incumbent-owned satellites.

Under the provisions of the Paperwork Reduction Act, Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning Bankruptcy. A notice was published in the Federal Register at 77 FR 73660, December 11, 2012. No comments were received.