August 2013 – Federal Register Recent Federal Regulation Documents

This action modifies two jet routes, six VOR Federal airways, and three area navigation routes; establishes six area navigation (RNAV) routes; and cancels two VOR Federal airways in the northeast United States. This action is necessary due to the decommissioning of the Lake Henry, PA, VHF Omnidirectional Range/Tactical Air Navigation (VORTAC) facility which provides navigation guidance for portions of the affected routes. This action enhances the safe and efficient management of aircraft within the National Airspace System.

This action establishes two new low-altitude RNAV routes, designated T-287 and T-299, to enhance the flow of air traffic to the west of the Washington-Dulles International Airport. Also, there is a name change to one of the navigation fixes; an adjustment to the coordinates of another navigation fix, and a change from a waypoint to a fix for a navigation point.

We, the U.S. Fish and Wildlife Service, propose to designate critical habitat for the Oregon spotted frog under the Endangered Species Act. We are proposing critical habitat for this species in Washington and Oregon, and this action fulfills our obligations under the Endangered Species Act and a court-approved settlement agreement. The effect of this regulation will be to designate critical habitat for the Oregon spotted frogs' habitat under the Endangered Species Act.

EPA is finalizing approval of revisions to the Placer County Air Pollution Control District (PCAPCD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on November 9, 2012 and concerns oxides of nitrogen (NOX) emissions from biomass boilers. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).

EPA is taking direct final action to approve revisions to the Missouri State Implementation Plan (SIP) submitted March 22, 2011. This revision does not add any additional requirements to the existing rule but amends the rule by adding language that better clarifies specific roles and responsibilities to the interagency consultation process requirements. The revisions to Missouri's rule do not have an adverse affect on air quality. EPA's approval of this SIP revision is being done in accordance with the requirements of the Clean Air Act (CAA).

The Federal Crop Insurance Corporation (FCIC) proposes to add a provision to its regulations that provides forage seed insurance. The provisions will be used in conjunction with the Common Crop Insurance Policy Basic Provisions (Basic Provisions), which contain standard terms and conditions common to most crop programs. The intended effect of this action is to convert the Forage Seed pilot crop insurance program to a permanent insurance program for the 2015 and succeeding crop years.

The Coast Guard is revising several vessel inspection and certification regulations to align them with a statutory definition of ``seagoing barge'' and with a statutory exemption from inspection and certification requirements for certain seagoing barges. The revisions are intended to eliminate ambiguity in existing regulations, to reduce the potential for confusion among the regulated public, and to help the Coast Guard perform its maritime safety and stewardship missions.

On August 19, 2013, the Public Safety and Homeland Security Bureau of the Federal Communications Commission (Commission) released a public notice inviting public comment on a filing submitted by the First Responder Network Authority (FirstNet) on August 2, 2013, in PS Docket 12-94. The filing addressed consolidation of technical service rules for the 758-769 and 788-799 MHz bands,

This regulation establishes an exemption from the requirement of a tolerance for residues of the biochemical pesticide ethyl-2E,4Z- decadienoate (pear ester) in or on all food commodities. This regulation eliminates the need to establish a maximum permissible level for residues of ethyl-2E,4Z-decadienoate (pear ester).

The EPA is taking final action to revise the regulatory definition of volatile organic compounds (VOCs) for purposes of preparing state implementation plans (SIPs) to attain the national ambient air quality standards (NAAQS) for ozone under title I of the Clean Air Act (CAA). This final action adds trans 1-chloro-3,3,3- trifluoroprop-1-ene (also known as SolsticeTM 1233zd(E)) to the list of compounds excluded from the regulatory definition of VOCs on the basis that this compound makes a negligible contribution to tropospheric ozone formation. As a result, if you are subject to certain federal regulations limiting emissions of VOCs, your emissions of SolsticeTM 1233zd(E) may not be regulated for some purposes. This action may also affect whether SolsticeTM 1233zd(E) is considered as a VOC for state regulatory purposes, depending on whether the state relies on the EPA's regulatory definition of VOCs. An exemption for SolsticeTM 1233zd(E) was promulgated first as a direct final rulemaking but was withdrawn because EPA received an adverse comment.

EPA is proposing to approve a state implementation plan (SIP) revision submitted by the State of California to address Clean Air Act nonattainment area contingency measure requirements for the 1997 annual and 24-hour fine particulate matter (PM2.5) national ambient air quality standards in the San Joaquin Valley. Final approval of this SIP revision would terminate the sanctions clocks and a federal implementation plan clock that were triggered by EPA's partial disapproval of a related SIP submission on November 9, 2011 (76 FR 69896).

The Food Safety and Inspection Service (FSIS) is announcing changes to its procedures for Salmonella verification sampling program of raw beef products. On the date that FSIS will announce in the Federal Register document that responds to any comments on this document, FSIS will discontinue Salmonella sampling set procedures (``HC01'') in ground beef products, except in establishments with results that exceeded the standard for Salmonella in that establishment's most recently completed sample set (i.e., in those establishments in Category 3). At the same time, FSIS will begin analyzing for Salmonella all raw beef samples that it collects for Shiga toxin-producing Escherichia coli (STEC) analysis. Therefore, FSIS will begin analyzing for Salmonella all samples of raw ground beef, beef manufacturing trimmings, bench trim, and other raw ground beef components that it collects for STEC testing. To be consistent with the Agency's STEC analytic sample portions, FSIS laboratories will increase the raw ground beef analytic sample portion for Salmonella analysis from 25 grams to 325 grams. This notice describes how FSIS intends to use the results from its verification sampling program to develop new Salmonella performance standards for ground beef product and to estimate Salmonella prevalence in raw ground beef and beef manufacturing trimmings products. Finally, this document discusses changes that the Agency is considering related to FSIS Salmonella sampling and testing of other products.

This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits of mourning, white-winged, and white- tipped doves; band-tailed pigeons; rails; moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early (September) waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico, and the Virgin Islands; youth waterfowl day; and some extended falconry seasons. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits taking of designated species during the 2013-14 season.

In 2010, the U.S. Nuclear Regulatory Commission (NRC) staff published a final rule amending its regulations concerning export and import of nuclear equipment and material. Among other things, it added the phrase ``of U.S. origin'' to the first exclusion to the definition of ``radioactive waste'' to confirm that the return of U.S. origin radioactive sources is not classified as the import of radioactive waste. The NRC staff drafted the Branch Technical Position (BTP) on the Import of Non-U.S. Origin Sources to provide additional guidance on the application of this exclusion in the regulations. In developing this BTP, the NRC staff has engaged with States, Low- Level Waste Compacts, industry, and the public by providing two opportunities for public comment via Federal Register Notice and a public meeting in 2012. The exclusion in 10 CFR part 110 reflects the United States' commitments to the policy of safe storage and disposal of disused sources in the international context, including under the Code of Practice on the International Transboundary Movement of Radioactive Waste (Code of Practice), Joint Convention on the Safety of Spent Fuel Management and the Safety of Radioactive Waste Management (Joint Convention), and the International Atomic Energy Agency's (IAEA) Code of Conduct on the Safety and Security of Radioactive Sources (Code of Conductalong with the supplementary Guidance on Import and Export). The United States' commitments include not exporting radioactive waste to other countries for disposal and, in light of the United States' strong domestic regulatory program, allowing return of disused sources manufactured or distributed from the United States in order to prevent sources from being orphaned overseas where regulatory programs may not exist or function to an optimal level.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-102, -103, -106, -201, -202, -301, -311, and -315 series airplanes. This proposed AD was prompted by a report of a pilot commanding an in-flight engine shut down in response to a low oil pressure warning indication. Further investigation revealed the mounting studs in the engine mounted alternating current (AC) generator mounting plate were pulled out of position and the threaded interface in the plate was corroded. This proposed AD would require repetitive inspections for discrepancies on certain AC generator mounting adapters, and replacing discrepant adapters with serviceable ones. This proposed AD would also require revising the maintenance program to incorporate a repetitive task specified in certain temporary revisions. We are proposing this AD to detect and correct corrosion in the AC generator mounting plate, which could result in a gap between the AC generator and the generator mounting plate, and cause loss of engine oil and consequent engine failure.

The Alcohol and Tobacco Tax and Trade Bureau is reopening the comment period for Notice No. 135, Proposed Establishment of the Eagle Peak Mendocino County Viticultural Area and Realignments of the Mendocino and Redwood Valley Viticultural Areas, a notice of proposed rulemaking published in the Federal Register on June 27, 2013. TTB is taking this action in response to a request from an interested party.

This regulation establishes tolerances for residues of pyraclostrobin in or on multiple commodities which are identified and discussed later in this document. This regulation additionally removes several permanent and time-limited tolerances that will be superseded by tolerances established by this action. Interregional Research Project Number 4 (IR-4) and BASF Corporation requested tolerances associated with pesticide petition (PP) numbers 2E8069 and 2F8038, respectively, under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Postal Service will revise Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) 703.8.0 to require that all ballot types include in the balloting materials a marking to indicate that the proper amount of postage must be paid and the balloting materials must also indicate the specific amount of postage for the return of ballots, unless mailed under certain specified exceptions.

The Bureau of Indian Affairs is proposing to revise the regulations addressing oil and gas mining on reservation land of the Osage Nation. This rule updates the leasing procedures and rental, production, and royalties requirements for oil and gas on Osage Mineral lands and is the result of a negotiated rulemaking.

The Coast Guard proposes to temporarily modify the operating schedule that governs the Route 1 & 9 (Lincoln Highway) Bridge across the Hackensack River, mile 2.0, between Kearny and Jersey City, New Jersey. The bridge owner, New Jersey Department of Transportation, submitted a request to restrict bridge openings during the morning and afternoon rush hour periods to alleviate traffic congestion resulting from area roadway closures. It is expected that this change to the regulations would provide relief to vehicular traffic while continuing to meet the reasonable needs of navigation.

This document describes corrections to final regulations [TD 9619] that provide guidance under section 336(e) of the Internal Revenue Code (CODE), which authorizes the issuance of regulations under which an election may be made to treat sale, exchange or distribution of at least 80 percent of the voting power and value of the stock of a corporation (target) as a sale of all its underlying assets. These regulations were published in the Federal Register on Wednesday, May 15, 2013.

This document contains final regulations that authorize the disclosure of certain items of return information to the Bureau of the Census (Bureau) in conformance with section 6103(j)(1) of the Internal Revenue Code (Code). The final regulations are made pursuant to a request from the Secretary of Commerce. Because the return information will be disclosed to the Bureau in statistical format, specific taxpayers will not be identified, and, therefore, no taxpayers are affected by the disclosures authorized by this guidance.

This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 relating to airspace designations to reflect the approval by the Director of the Federal Register of the incorporation by reference of FAA Order 7400.9X, Airspace Designations and Reporting Points. This action also explains the procedures the FAA will use to amend the listings of Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points incorporated by reference.

We propose to adopt a new airworthiness directive (AD) for certain Beechcraft Corporation (type certificate previously held by Hawker Beechcraft Corporation) Models 1900, 1900C, and 1900D airplanes. This proposed AD was prompted by reports of cracking in the front spar cap angles and hat section structure of the vertical stabilizer. This proposed AD would require inspections of the vertical stabilizer spar angles and hat section for cracks with corrective actions as necessary. We are proposing this AD to correct the unsafe condition on these products.