August 16, 2013 – Federal Register Recent Federal Regulation Documents
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Minerals Management: Adjustment of Cost Recovery Fees
This final rule amends the Bureau of Land Management (BLM) mineral resources regulations to update some fees that cover the BLM's cost of processing certain documents relating to its minerals programs and some filing fees for mineral-related documents. These updated fees include those for actions such as lease renewals and mineral patent adjudications.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery
This final rule reopens an additional portion of the Georges Bank Closed Area to the harvest of Atlantic surfclams and ocean quahogs. This final rule follows up on a preceding interim final rule that was published in the Federal Register on December 19, 2012. The previous interim final rule reopened a portion of the Georges Bank Closed Area that had been closed to the harvest of Atlantic surfclams and ocean quahogs since 1990 due to the presence of toxins known to cause paralytic shellfish poisoning. However, the area reopened in the interim final rule was reduced in size from the area identified in the proposed rule. Based on comments received on the interim final rule and requests from the New England and Mid-Atlantic Fishery Management Councils, this final rule will reopen an additional portion of the Georges Bank Closed Area.
Approval and Promulgation of Implementation Plans; Tennessee; Revisions to the Knox County Portion of the Tennessee State Implementation Plan
EPA is proposing to approve a revision to the Knox County portion of the Tennessee State Implementation Plan (SIP), submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC) on December 13, 2012. The SIP submittal revises the definition of ``Modification'' in Knox County Air Quality Management Regulation Section 13 Definitions. TDEC considers Knox County's SIP revision to be as or more stringent than the Tennessee SIP requirements. EPA is approving the Knox County SIP revision because the State has demonstrated that it is consistent with the Clean Air Act (CAA or Act).
Preliminary Theft Data; Motor Vehicle Theft Prevention Standard
The National Highway Traffic Safety Administration (NHTSA) published in the Federal Register of July 9, 2013, a request for comments about thefts of model year (MY) 2011 passenger motor vehicles that occurred in calendar year (CY) 2011. This document corrects errors that were made in that publication. In the July 9, 2013 publication, the vehicle theft rate for CY/MY 2011 vehicles was erroneously reported to be 0.10 thefts per thousand vehicles produced. The actual theft rate for CY/MY 2011 vehicles is 0.99 thefts per thousand vehicles produced. Accordingly, Figure 1: Theft Rate Data Trend (1993-2011) has been amended to reflect the revised theft rate for CY/MY 2011. The publication also erroneously reported that the theft rate for CY/MY 2011 decreased significantly by 91.45 percent from the theft rate for CY/MY 2010 vehicles. The publication should be corrected to reflect that the theft rate for CY/MY 2011 decreased significantly by 15.38 percent from the theft rate for CY/MY 2010 vehicles (1.17 thefts per thousand vehicles). The republishing of this document in its entirety corrects those errors. This document also extends the comment period to allow 60 days from the publication of this notice. Publication of these data fulfills NHTSA's statutory obligation to periodically obtain accurate and timely theft data, and publish the information for review and comment.
Proposed Establishment of Class E Airspace; Loup City, NE
This action proposes to establish Class E airspace at Loup City, NE. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Loup City Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.
Proposed Establishment of Class E Airspace; Sisseton, SD
This action proposes to establish Class E airspace at Sisseton, SD. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Sisseton Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.
Drawbridge Operation Regulation; Taunton River, Fall River and Somerset, MA
The Coast Guard has changed the drawbridge operation regulations that govern the operation of the Veterans Memorial Bridge across the Taunton River, mile 2.1, between Fall River and Somerset, Massachusetts. The bridge owner, Massachusetts Department of Transportation, submitted a request to reduce the hours the bridge is crewed based upon infrequent requests to open the draw. It is expected that this change to the regulations will provide relief to the bridge owner from crewing the bridge while continuing to meet the reasonable needs of navigation.
Safety Zone; D-Day Conneaut, Lake Erie, Conneaut, OH
The Coast Guard is establishing a temporary safety zone on Lake Erie, Conneaut, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the D-Day Conneaut event. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a historical re- enactment.
Food and Drug Administration Food Safety Modernization Act: Proposed Rules on Foreign Supplier Verification Programs and the Accreditation of Third-Party Auditors/Certification Bodies; Public Meeting
The Food and Drug Administration (FDA or we) is announcing a public meeting to discuss two proposed rules aimed at strengthening assurances that imported food meets the same safety standards as food produced domestically. The Foreign Supplier Verification Programs (FSVP) proposal establishes requirements for importers to verify that their foreign suppliers are implementing the modern, prevention- oriented food safety practices called for by the Food Safety Modernization Act (FSMA) and achieving the same level of food safety as domestic growers and processors. The second proposed rule on the Accreditation of Third-Party Auditors/Certification Bodies would strengthen the quality, objectivity, and transparency of foreign food safety audits on which many U.S. food companies and importers currently rely to help manage the safety of their global food supply chains. The purpose of the public meeting is to solicit oral stakeholder and public comments on the proposed rules and to inform the public about the rulemaking process (including how to submit comments, data, and other information to the rulemaking dockets), and to respond to questions about the proposed rules.
Importation of Cape Gooseberry From Colombia Into the United States
We are proposing to amend the fruits and vegetables regulations to allow the importation of cape gooseberry from Colombia into the United States. As a condition of entry, cape gooseberry from Colombia would be subject to a systems approach that would include requirements for establishment of pest-free places of production and the labeling of boxes prior to shipping. The cape gooseberry would also have to be imported in commercial consignments and accompanied by a phytosanitary certificate issued by the national plant protection organization of Colombia certifying that the fruit has been produced in accordance with the systems approach. This action would allow for the importation of cape gooseberry from Colombia into the United States while continuing to provide protection against the introduction of plant pests.
Drawbridge Operation Regulation; Elizabeth River, Eastern Branch, Norfolk, VA
The Coast Guard has issued a temporary deviation from the operating schedule that governs the draw of the Norfolk Southern 5 Railroad Bridge, across the Elizabeth River Eastern Branch, mile 1.1, at Norfolk, VA. This deviation is necessary to facilitate replacing the broken tread plates and shimming the remaining tread plates to the proper elevation on the Norfolk Southern 5 Railroad drawbridge. There are a total of 10 tread plates that need to be replaced. This temporary deviation allows the drawbridge to remain in the closed to navigation position.
Energy Conservation Program for Consumer Products: Landmark Legal Foundation; Petition for Reconsideration
The Department of Energy (DOE) received a petition from the Landmark Legal Foundation (LLF), requesting that DOE reconsider its final rule of Energy Conservation Standards for Standby Mode and Off Mode for Microwave Ovens, Docket No. EERE-2011-BT-STD-0048, RIN 1904- AC07, 78 FR 36316 (June 17, 2013) (``Microwave Final Rule'' or ``the Rule''). Specifically, LLF requests that DOE reconsider the Rule because the final rule used a different Social Cost of Carbon (SCC) than the figure used in the supplemental notice of proposed rulemaking (SNOPR). DOE seeks comment on whether to undertake the reconsideration suggested in the petition.
Safety Zone; Thunder on the Niagara, Niagara River, North Tonawanda, NY
The Coast Guard is establishing a temporary safety zone on the Niagara River near North Tonawanda, NY. This safety zone is intended to restrict vessels from a portion of the Niagara River during the Thunder on the Niagara hydroplane race. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a hydroplane race.
Federal Management Regulation (FMR); Obligating Authority
The U.S. General Services Administration (GSA) is proposing to amend the Federal Management Regulation (FMR) to recommend that agencies, as defined in Sec. 102-117.25, provide written authority to Transportation Officers who acquire transportation services utilizing a rate tender acquisition. This written authority would help agencies manage the billions of dollars that the Government spends annually on transportation. This proposed rule, if adopted, would describe procedures that agencies should follow to delegate authority to Transportation Officers and includes experience and training requirements that a Transportation Officer should meet before being authorized to acquire transportation services.
Land Acquisitions: Appeals of Land Acquisition Decisions
In May, the Bureau of Indian Affairs (BIA) published a proposed rule revising a section of regulations governing decisions by the Secretary to approve or deny applications to acquire land in trust. The public comment period for that rule closed in July. This notice reopens the comment period for 15 days.
Airworthiness Directives; Saab AB, Saab Aerosystems Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Saab AB, Saab Aerosystems Model 340A (SAAB/SF340A) and SAAB 340B airplanes modified by Supplemental Type Certificate SA7971SW. This proposed AD was prompted by reports of smoke, a burning odor, and possible fire in the flight deck and cabin of the airplane, which was caused by brushes wearing beyond their limits, in the air conditioning motor. This proposed AD would require an inspection to determine if a certain air compressor motor is installed, an inspection to determine the age of a certain compressor hour meter since new or overhauled, and repetitive replacement of the brushes on affected air conditioning compressor motor units. As an option to the replacement, this proposed AD allows pulling the air conditioning circuit breaker and adding a placard. We are proposing this AD to detect and correct worn brushes contacting the commutator, which could result in a fire under the cabin floor with no means to detect or extinguish the fire.
Airworthiness Directives; the Boeing Company Airplanes
We propose to supersede airworthiness directive (AD) 2002-10- 11, which applies to certain the Boeing Company Model 737-100, -200, - 200C, -300, -400, and -500 series airplanes. AD 2002-10-11 currently requires repetitive inspections for cracking and corrosion of the aft pressure bulkhead, and corrective actions if necessary; and, for certain airplanes, enlargement of frame chord drain holes, and repetitive inspections of the frame chord drain path for debris, and corrective actions if necessary. Since we issued AD 2002-10-11, we have received three reports of severe corrosion in the area affected by that AD. This proposed AD would, for certain airplanes, reduce the repetitive inspection interval, and add repetitive inspections of the frame chord drain path for obstructions and debris, and corrective actions if necessary. This proposed AD would also limit corrosion and cracking repairs of the aft pressure bulkhead accomplished after the effective date of this AD to those approved by the FAA in a manner described therein. In reviewing AD 2002-10-11, we noted that the drain path inspection was not required for certain airplanes, and could be eliminated for all airplanes if operators accomplished certain actions required by AD 2002-10-11. This proposed AD would add a drain path inspection for all airplanes. We are proposing this AD to detect and correct corrosion or cracking of the aft pressure bulkhead, which could result in loss of the aft pressure bulkhead web and stiffeners, and consequent rapid decompression of the airplane.
Dean Foods Company and WhiteWave Foods Company; Filing of Food Additive Petition
The Food and Drug Administration (FDA or we) is announcing that we have filed a petition submitted by the Dean Foods Company and the WhiteWave Foods Company proposing that the food additive regulations be amended to provide for the expanded safe uses of vitamin D2 and vitamin D3 as nutrient supplements in food.
Dispute Resolution Pilot Program for Public Assistance Appeals
Section 1105 of the Sandy Recovery Improvement Act of 2013 directs FEMA to establish a nationwide Dispute Resolution Pilot Program (DRPP) in order to facilitate an efficient recovery from major disasters, including arbitration by an independent review panel, to resolve disputes relating to Public Assistance projects. This final rule establishes an option for arbitration under the Public Assistance Program administered by the Federal Emergency Management Agency (FEMA). The option allows applicants to file for arbitration, instead of a second appeal under FEMA's current Public Assistance Program. The requests for review under the DRPP must be submitted by December 31, 2015. This final rule provides the procedures and the standard of review that FEMA will apply under the arbitration option.
Heavy-Duty Engine and Vehicle and Nonroad Technical Amendments
Because EPA and NHTSA, on behalf of the Department of Transportation, received adverse comment on certain elements of the Heavy-Duty Engine and Vehicle and Nonroad Technical Amendments direct final rule published on June 17, 2013, we are withdrawing those elements of the direct final rule and republishing the affected sections without those elements.
Revisions to the California State Implementation Plan, Antelope Valley Air Quality Management District and Ventura County Air Pollution Control District
EPA is proposing to approve revisions to the Antelope Valley Air Quality Management District (AVAQMD) and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern sulfur oxide emissions from lead smelters and volatile organic compounds (VOC) emissions from the data storage and vacuum producing device industries. We are proposing to rescind local rules that regulate emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to California State Implementation Plan, Antelope Valley Air Quality Management District and Ventura County Air Pollution Control District
EPA is taking direct final action to approve revisions to the Antelope Valley Air Quality Air Management District (AVAQMD) and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). Under authority of the Clean Air Act (CAA or the Act), we are rescinding local rules that concern sulfur oxide emissions from lead smelters for AVAQMD and volatile organic compounds (VOC) emissions from the data storage for VCAPCD and vacuum producing device industries for VCAPCD.
Imazapic; Pesticide Tolerances
This regulation establishes a tolerance for residues of imazapic in or on sugarcane, cane. BASF Corporation requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Emamectin; Pesticide Tolerance
This regulation establishes a tolerance for residues of emamectin benzoate in or on wine grapes. Syngenta Crop Protection, LLC, requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). This document also makes a technical correction to the tolerance expression in the section.
Airworthiness Directives; Airbus Airplanes
We are superseding airworthiness directive (AD) 2004-15-07, for certain Airbus Model A310 series airplanes. AD 2004-15-07 required repetitive inspections for fatigue cracking of the area around the fasteners of the landing plate of the aileron access doors of the bottom skin panel of the wings, and related corrective action. AD 2004- 15-07 also provided for an optional terminating action to end the repetitive inspections. This new AD reduces the initial inspection compliance time and intervals, and provides additional terminating action options. This AD was prompted by a reassessment of a previous fatigue threshold and inspection interval, which resulted in a determination that reduced inspection thresholds and intervals for accomplishment of the tasks are necessary. We are issuing this AD to detect and correct fatigue cracking of the area around the fasteners of the landing plate of the aileron access doors and the bottom skin panel of the wings, which could result in reduced structural integrity of the wings.
Derivatives Clearing Organizations and International Standards
The Commodity Futures Trading Commission (``Commission'') is proposing amendments to its regulations to establish additional standards for compliance with the derivatives clearing organization (``DCO'') core principles set forth in Section 5b(c)(2) of the Commodity Exchange Act (``CEA'') for systemically important DCOs (``SIDCOs'') and DCOs that elect to opt-in to the SIDCO regulatory requirements (``Subpart C DCOs''). SIDCOs and Subpart C DCOs would be required to comply with the requirements applicable to all DCOs, which are set forth in the Commission's DCO regulations on compliance with core principles, to the extent those requirements are not inconsistent with the requirements of the regulations in this proposed rule. The proposed amendments include: Procedural requirements for opting in to the regulatory regime as well as substantive requirements relating to governance, financial resources, system safeguards, special default rules and procedures for uncovered losses or shortfalls, risk management, additional disclosure requirements, efficiency, and recovery and wind-down procedures. These additional requirements would also be consistent with the Principles for Financial Market Infrastructures (``PFMIs'') published by the Committee on Payment and Settlement Systems and the Board of the International Organization of Securities Commissions (``CPSS-IOSCO''). In addition, the Commission is proposing certain delegation provisions and certain technical clarifications.
Airworthiness Directives; The Boeing Company Airplanes
We are superseding airworthiness directive (AD) 2008-06-29, which applied to all The Boeing Company Model 737-300, -400, and -500 series airplanes. AD 2008-06-29 required repetitive inspections of the downstop assemblies on the main tracks of the No. 2, 3, 4, and No. 5 slats and the inboard track of the No. 1 and 6 slats to verify if any parts are missing, damaged, or in the wrong order; other specified actions; and related investigative and corrective actions if necessary. This new AD retains these requirements and adds an inspection of the slat can interior for foreign object debris (FOD), and removal of any FOD found; modification of the slat track hardware; an inspection for FOD and for damage to the interior surface of the slat cans; and related investigative and corrective actions, if necessary. This AD was prompted by development of a modification by the manufacturer, which, when installed, would terminate the repetitive inspections. We are issuing this AD to prevent loose or missing parts in the main slat track downstop assemblies, which could puncture the slat track housing and result in a fuel leak and consequent fire.
Service Rules for Advanced Wireless Services H Block-Implementing Section 6401 of the Middle Class Tax Relief and Job Creation Act of 2012 Related to the 1915-1920 MHz and 1995-2000 MHz Bands
In this document, the Commission adopts rules to auction and license ten megahertz of paired spectrum at 1915-1920 MHz and 1995-2000 MHzthe H Block. This action implements the Congressional directive in the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act) that we grant new initial licenses for these spectrum bands through a system of competitive bidding. In so doing, we extend the widely deployed broadband Personal Communications Services (PCS) band, which is used by the four national wireless providers, as well as regional and rural providers, to offer mobile service across the United States. This additional spectrum for mobile use will help ensure that the speed, capacity, and ubiquity of the Nation's wireless networks keep pace with the skyrocketing demand for mobile services.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Torch Lake Superfund Site
The U.S. Environmental Protection Agency Region 5 is publishing a direct final Notice of Deletion of the Quincy Smelter and Calumet Lake parcels of Operable Unit 3 (OU3) of the Torch Lake Superfund Site (Site), located in Houghton County, Michigan, from the National Priorities List (NPL). The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final partial deletion is being published by EPA with the concurrence of the State of Michigan, through the Michigan Department of Environmental Quality (MDEQ), because EPA has determined that all appropriate response actions at these identified parcels under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this partial deletion does not preclude future actions under Superfund. This partial deletion pertains to the surface tailings and slag deposits of the Quincy Smelter and Calumet Lake parcels of OU3. The following parcels or areas will remain on the NPL and are not being considered for deletion as part of this action: Dollar Bay, Point Mills, Boston Pond, and North Entry.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Torch Lake Superfund Site
The U.S. Environmental Protection Agency Region 5 is issuing a Notice of Intent to Delete the Quincy Smelter and Calumet Lake parcels of OU3 of the Torch Lake Superfund Site (Site), located in Houghton County, Michigan, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA with the concurrence of the State of Michigan, through the Michigan Department of Environmental Quality (MDEQ), has determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five year reviews, at these identified parcels have been completed. However, this deletion does not preclude future actions under Superfund. This partial deletion pertains to the surface tailings and slag deposits of the Quincy Smelter and Calumet Lake parcels of OU3. The following parcels or areas will remain on the NPL and are not being considered for deletion as part of this action: Dollar Bay, Point Mills, Boston Pond, and North Entry.
2012 Liquid Chemical Categorization Updates
The Coast Guard is updating and revising regulatory tables that list liquid hazardous materials, liquefied gases, and compressed gases that have been approved for maritime transportation in bulk, and that indicate how each substance's pollution potential has been categorized. The interim rule provides new information about approved substances and their categorizations, but would not make any changes in which substances are approved or how each substance is categorized. Updated information is of value to shippers and to the owners and operators of U.S.-flag tank and bulk cargo vessels in any waters and most foreign-flag tank and oceangoing bulk cargo vessels in U.S. waters. This interim rule promotes the Coast Guard's maritime safety and stewardship missions.
Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments
PHMSA is proposing to amend the pipeline safety regulations to incorporate by reference (IBR) all or parts of new, updated, or reaffirmed editions of voluntary consensus standards that are available on the Internet, free-of-charge, to the public. PHMSA is also proposing to make non-substantive edits and to clarify regulatory language in certain provisions. These proposed changes are relatively minor, and would not require pipeline operators to undertake any significant new pipeline safety initiatives.
Airworthiness Directives; Eclipse Aerospace, Inc. Airplanes
We are adopting a new airworthiness directive (AD) for all Eclipse Aerospace, Inc. Model EA500 airplanes equipped with Avio, Avio with ETT, or Avio NG 1.0 avionics suites. This AD was prompted by a report of potential aircraft hardware failure in the autopilot control panel and the center switch panel. This AD requires either incorporating updates to the aircraft computer system software or incorporating a temporary revision to the aircraft flight manual. We are issuing this AD to correct the unsafe condition on these products.
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 727 airplanes. This AD was prompted by an evaluation by the design approval holder indicating that the frame-to- floor beam attachment is subject to widespread fatigue damage. This AD requires repetitive high frequency eddy current inspections for any crack of the frames at body station (STA) 188 through STA 344, and repair if necessary. We are issuing this AD to detect and correct fatigue cracking at the frame-to-floor beam attachment, on both the left- and right-sides, which could result in reduced structural integrity of the airplane, and decompression of the cabin.
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 727 airplanes. This AD was prompted by a report of cracking in the left-side chord of the fin closure rib on the vertical stabilizer. This AD requires repetitive inspections of the left and right side chords of the fin closure rib for cracking and corrosion, and related investigative and corrective actions if necessary. We are issuing this AD to detect and correct cracking and corrosion in the left- and right-side chords of the fin closure rib, which could lead to widespread cracking in the chords that might weaken the fin closure rib structure and result in loss of airplane control due to lack of horizontal stabilizer support.
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This AD was prompted by a report of an inboard main landing gear (MLG) door assembly departure due to premature fatigue cracking in the inboard MLG door hinge fittings. This AD requires repetitive inspections for cracking of the inboard MLG door hinge fittings; and replacement or modification of cracked fittings. This AD also provides an option to remove the affected MLG door. We are issuing this AD to detect and correct fatigue cracking in the inboard MLG door hinge fittings, which could result in loss of the MLG door assembly from the airplane, and the MLG door assembly could impact the flight control surfaces and result in reduced controllability of the airplane.
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