July 2013 – Federal Register Recent Federal Regulation Documents

This proposed rule would amend HUD's regulations covering the contract rights and obligations of mortgagees participating in FHA multifamily mortgage insurance programs, to address reimbursement to FHA of excess claim proceeds. When a mortgagee finances mortgages through the issuance and sale of bonds or through bond anticipation notes, the mortgagee uses the FHA insurance claim funds to pay off the remaining bond debts. At times, the amount paid by the FHA insurance claim is greater than the remaining bond debts. This proposed rule would require mortgagees to return to FHA the excess bond funds that remain after FHA's payment is used to satisfy the bonds. HUD requires similar payments of excess bond funds on obligations of public housing agencies and, thus, the proposed rule would provide consistency in the administration of HUD's bond financing programs.

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

On February 4, 2013, the U.S. Department of Energy (DOE) issued a notice of proposed rulemaking (NOPR) to amend its test procedure for residential furnaces and boilers, which serves as the basis for today's action. This final rule amends that test procedure by adopting new equations to facilitate calculation of the annual fuel utilization efficiency (AFUE) for certain classes of products when omitting specified heat-up and cool-down tests, as allowed under the test procedure if applicable criteria are met. The relevant industry test procedure, which is incorporated by reference in the current DOE test procedure, lacks equations necessary for the calculation of the heating seasonal efficiency (which contributes to the ultimate calculation of AFUE) of two-stage and modulating condensing furnaces or boilers when the option to omit the heat-up and cool-down tests is employed. This final rule revises the DOE test procedure to rectify this omission by adopting additional equations for the calculation of the part-load efficiencies at the maximum input rate and reduced input rates for two-stage and modulating condensing furnaces and boilers when the manufacturer chooses to omit the heat-up and cool-down tests under the test procedure.

The Consumer Product Safety Commission (CPSC or Commission) is issuing this rule to amend its existing regulations pertaining to procedures and requirements for exclusions from lead limits under section 101(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA) to reflect statutory changes mandated by Public Law 112-28.

We are adopting a new airworthiness directive (AD) for certain Airbus Model A318, A319, A320, and A321 series airplanes. This AD was prompted by a report of an uncommanded nose landing gear (NLG) retraction. This AD requires installing a power interruption protection circuit for the landing gear control interface unit (LGCIU). We are issuing this AD to prevent untimely unlocking and/or retraction of the NLG, which, while on the ground, could result in injury to ground personnel and damage to the airplane.

We are revising an existing airworthiness directive (AD) that applies to all Dowty Propellers R408/6-123-F/17 model propellers. That AD currently requires initial applications of sealant between the bus bar assembly and the backplate assembly of certain line-replaceable units, and repetitive applications of sealant on all R408/6-123-F/17 model propellers. This new AD requires the same actions and allows the use of an equivalent sealant as prescribed in revised service information. This AD was prompted by the need to add an optional terminating action to the applications of sealant. We are issuing this AD to prevent an in-flight double generator failure, which could result in reduced control of the airplane.

We are adopting a new airworthiness directive (AD) for certain Airbus Model A319-112, -113, and -132 airplanes; Model A320-211, -212, -214, -231, and -232 airplanes; and Model A321-111 and -131 airplanes. This AD was prompted by a report of two fatigue cracks on the left-hand and right-hand sides of the continuity fittings at the front windshield lower framing on a Model A319 series airplane. This AD requires a high frequency eddy current (HFEC) inspection for any cracking on the left- hand and right-hand sides of the windshield central lower node continuity fittings, and repair if necessary. We are issuing this AD to detect and correct cracking of the windshield central lower node continuity fittings, which could reduce the structural integrity of the airplane.

We are adopting a new airworthiness directive (AD) for certain DASSAULT AVIATION Model FALCON 2000, FALCON 2000EX, MYSTERE-FALCON 900, and FALCON 900EX airplanes; and all Model MYSTERE-FALCON 50 airplanes. This AD was prompted by reports that collapse of the main landing gear (MLG) could cause wing tank structure failure, which could result in fuel spillage and consequent fire hazard. This AD requires modification of the wing fuel tanks in the area of the wheel well. We are issuing this AD to prevent fuel spillage in the event of a MLG collapse, and consequent fire hazard.

On February 5, 2013, EPA proposed a Best Available Retrofit Technology (BART) determination for oxides of nitrogen (NOX) for the Navajo Generating Station (NGS), located on the Navajo Nation, and provided a 3-month period for public comments, to close on May 6, 2013. The Navajo Nation, Gila River Indian Community, and other affected stakeholders requested a 90-day extension of the comment period to allow time for stakeholders to develop an alternative to EPA's proposed BART determination that achieves greater reasonable progress. On March 19, 2013, EPA extended the close of the public comment period to August 5, 2013. On June 10, 2013, EPA signed a notice, published in the Federal Register on June 19, 2013, of our intent to hold five public hearings in the state of Arizona. On June 20, 2013, Salt River Project (SRP), the operator and co-owner of NGS, submitted a letter on behalf of six stakeholders, including the Navajo Nation and Gila River Indian Community, describing the development of a stakeholder alternative, and requesting another extension of the comment period to allow the stakeholders additional time to finalize their alternative and submit it to EPA for consideration in the rulemaking process. EPA is extending the comment period for this proposed rulemaking by 60 days to October 4, 2013.

The Federal Communications Commission solicits public comment on the impact of the rules requiring broadcast television stations to post their political files online, and on a Petition for Reconsideration filed by the Television Station Group.

This action amends the descriptions of restricted areas R- 2504A and R-2504B, Camp Roberts, CA, and restricted area R-2530, Sierra Army Depot, CA, by removing the abbreviation ``PST'' from the time of designation. This amendment does not change the dimensions of, or activities conducted within, R-2504A, R-2504B, and R-2530.

This rule removes the regulations for the STOP Violence Against Indian Women Discretionary Grant Program, because the Program no longer exists, and the Grants to Combat Violent Crimes Against Women on Campuses Program, because the regulations are no longer required and are unnecessary.

We propose to adopt a new airworthiness directive (AD) for Vulcanair S.p.A. (type certificate previously held by Partenavia) Models P 68, P 68B, P 68C, P 68C-TC, P 68 ``OBSERVER,'' P68TC ``OBSERVER,'' and P68 ``OBSERVER 2'' airplanes that would supersede AD 2008-24-11, Amendment 39-15751. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracking and/or corrosion of the wing spar, which could result in structural failure of the wing. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

This document corrects technical errors that appeared in the proposed rule with comment period titled ``Medicare and Medicaid Programs; Home Health Prospective Payment System Rate Update for CY 2014, Home Health Quality Reporting Requirements, and Cost Allocation of Home Health Survey Expenses'' published on July 3, 2013.

The Coast Guard will enforce various safety zones for annual marine events in the Captain of the Port Detroit zone from 9:30 p.m. on June 20, 2013 through 11:59 p.m. on August 31, 2013. Enforcement of these zones is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after associated marine events. During the aforementioned period, the Coast Guard will enforce restrictions upon, and control movement of, vessels in a specified area immediately prior to, during, and immediately after fireworks events. During each enforcement period, no person or vessel may enter the respective safety zone without permission of the Captain of the Port.

EPA is approving a portion of a State Implementation Plan (SIP) submittal from the State of New Mexico to address Clean Air Act (CAA or Act) requirements that prohibit air emissions which will contribute significantly to nonattainment or interfere with maintenance in any other state for the 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). EPA has determined that the existing SIP for New Mexico contains adequate provisions to prohibit air emissions from significantly contributing to nonattainment or interfering with maintenance of the 2006 24-hour PM2.5 NAAQS (2006 PM2.5 NAAQS) in any other state as required by the Act.

The U.S. Department of Energy (DOE) is publishing this final rule to implement provisions in the Energy Conservation and Production Act (ECPA) that require DOE to update the baseline Federal energy efficiency performance standards for the construction of new Federal commercial and multi-family high-rise residential buildings. This rule updates the baseline Federal commercial standard to the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Standard 90.1-2010.

We, the U.S. Fish and Wildlife Service, designate critical habitat for the following six west Texas aquatic invertebrate species under the Endangered Species Act of 1973, as amended: Phantom springsnail (Pyrgulopsis texana), Phantom tryonia (Tryonia cheatumi), diminutive amphipod (Gammarus hyalleloides), Diamond tryonia (Pseudotryonia adamantina), Gonzales tryonia (Tryonia circumstriata), and Pecos amphipod (Gammarus pecos). The effect of this regulation is to conserve critical habitat for the six west Texas aquatic invertebrates under the Act.

We, the U.S. Fish and Wildlife Service (Service), announce a 6-month extension of the final determination of whether to list the lesser prairie-chicken (Tympanuchus pallidicinctus) as a threatened species and reopen the comment period on the proposed rule to list the species. We are taking this action based on our finding that there is substantial disagreement regarding the sufficiency or accuracy of the available data relevant to our determination regarding the proposed listing rule, making it necessary to solicit additional information by reopening the comment period for 30 days.

The Secretary of Agriculture is authorized to delegate functions, powers, and duties as the Secretary deems appropriate. This document amends the existing delegations of authority by removing, adding, and modifying certain delegations, as explained in the Supplementary Information section below. This document also amends our regulations to reflect the current order of succession for the Secretary of Agriculture.

EPA is taking final action to approve the Southern Ute Indian Tribe's (SUIT) July 3, 2012 request for delegation of authority to implement and enforce National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS). This request establishes and requires SUIT to administer a NSPS and NESHAPs program per EPA regulations. The delegation is facilitated by SUIT's treatment ``in the same manner as a state'' (TAS) document, per CAA requirements.

We propose to adopt a new airworthiness directive (AD) for Diamond Aircraft Industries GmbH Models DA 42, DA 42 NG, and DA 42 M-NG airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as insufficient clearance between the rod end safety washer and the nose landing gear attachment lever causes the rod end to bend at each gear retraction sequence. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

NMFS published a proposed rule on May 2, 2013, to implement provisions of the Shark Conservation Act of 2010 (SCA) that prohibit any person from removing any of the fins of a shark at sea, possessing shark fins on board a fishing vessel unless they are naturally attached to the corresponding carcass, transferring or receiving fins from one vessel to another at sea unless the fins are naturally attached to the corresponding carcass, landing shark fins unless they are naturally attached to the corresponding carcass, or landing shark carcasses without their fins naturally attached. NMFS proposes this action to amend existing regulations and make them consistent with the SCA. The public comment period for the proposed rule was previously extended, and ends on July 8, 2013. NMFS has decided to further extend the public comment period for 23 days, until July 31, 2013 to provide additional time for stakeholders and other members of the public to submit comments.

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

The Food and Nutrition Service published a final rule entitled ``Nutrition Standards in the National School Lunch and School Breakfast Programs'' on January 26, 2012. The Office of Management and Budget (OMB) cleared the associated information collection requirements (ICR) on February 1, 2013. This document announces approval of the ICR.