September 4, 2013 – Federal Register Recent Federal Regulation Documents

Native American Housing Assistance and Self-Determination Act of 1996: Announcement of Negotiated Rulemaking Committee Meeting
Document Number: 2013-21610
Type: Proposed Rule
Date: 2013-09-04
Agency: Department of Housing and Urban Development
This notice announces the second meeting of the negotiated rulemaking committee.
Proposed Establishment of Class E Airspace; Ennis, MT
Document Number: 2013-21501
Type: Proposed Rule
Date: 2013-09-04
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E airspace at Ennis- Big Sky Airport, Ennis, MT. Controlled airspace is necessary to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Ennis-Big Sky Airport, Ennis, MT. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.
Proposed Establishment of Class E Airspace; Star, NC
Document Number: 2013-21500
Type: Proposed Rule
Date: 2013-09-04
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E Airspace at Star, NC, to accommodate a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) serving Montgomery County Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System.
Proposed Establishment of Class E Airspace; Chatom, AL
Document Number: 2013-21498
Type: Proposed Rule
Date: 2013-09-04
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E Airspace at Chatom, AL, to accommodate the Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Roy Wilcox Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Fisheries Off West Coast States; Highly Migratory Fisheries; California Drift Gillnet Fishery; Sperm Whale Interaction Restriction
Document Number: 2013-21487
Type: Rule
Date: 2013-09-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is issuing temporary regulations under the authority of Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) to: implement an immediate closure of the California thresher shark/swordfish drift gillnet (mesh size >=14 inches) (DGN) fishery if one sperm whale is observed killed or seriously injured in DGN gear off California, and require all DGN fishing vessels to carry a NMFS-trained observer from August 15, 2013 to January 31, 2014 in a 100% observer coverage area (Zone). The Zone covers nearly all areas in the U.S. exclusive economic zone (EEZ) deeper than the 1,100 fathoms (fm) (2,012 meters (m)) depth contour. Owners/operators of vessels intending to fish with DGN gear will be required to install, activate, carry and operate a vessel monitoring system (VMS) prior to embarking on a DGN fishing trip after the effective date of this rule.
Nondiscrimination Provisions
Document Number: 2013-21486
Type: Proposed Rule
Date: 2013-09-04
Agency: Office of Personnel Management
The Office of Personnel Management (OPM) is proposing to update various nondiscrimination provisions appearing in title 5, Code of Federal Regulations, to provide greater consistency and reflect current law.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Annual Catch Limits and Accountability Measures
Document Number: 2013-21479
Type: Proposed Rule
Date: 2013-09-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the Mid-Atlantic Fishery Management Council has submitted the Recreational Accountability Measures Omnibus Amendment incorporating a draft Environmental Assessment, for review by the Secretary of Commerce. NMFS is requesting comments from the public on the Recreational Accountability Measures Omnibus Amendment, which was developed by the Council to modify the accountability measures for the Atlantic mackerel, Atlantic bluefish, summer flounder, scup, and black sea bass recreational fisheries.
Fisheries of the Northeastern United States; Bluefish Fishery; Quota Transfer
Document Number: 2013-21466
Type: Rule
Date: 2013-09-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the State of North Carolina is transferring a portion of its 2013 commercial bluefish quota to the Commonwealth of Massachusetts. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.
Development of Inward Leakage Standards for Half-Mask Air-Purifying Particulate Respirators
Document Number: 2013-21430
Type: Proposed Rule
Date: 2013-09-04
Agency: Department of Health and Human Services
The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) announces a public meeting concerning inward leakage performance requirements for the class of NIOSH-certified non-powered air-purifying particulate respirators approved as half-facepiece respirators for protection from particulate-only hazards. The purpose of this meeting is to share information and to seek stakeholder feedback, in identified topic areas, concerning the development of inward leakage performance standards. Questions concerning the identified topics of specific interest are included in this document. Attendance at the public meeting is not required to submit written responses to the questions in this notice.
Interagency Cooperation-Endangered Species Act of 1973, as Amended; Incidental Take Statements
Document Number: 2013-21423
Type: Proposed Rule
Date: 2013-09-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, the Services), propose to amend the regulations governing consultation under section 7 of the Endangered Species Act of 1973, as amended (ESA), regarding incidental take statements. The purpose of the proposed changes is to address the use of surrogates to express the amount or extent of anticipated incidental take, and incidental take statements for programmatic actions where implementation of the program requires later authorization, funding, or implementation of site-specific actions that will be subject to section 7 consultation and incidental take statements, as appropriate. These changes are proposed to improve the flexibility and clarify the development of incidental take statements. The Services believe these proposed regulatory changes are a reasonable exercise of their discretion in interpreting particularly challenging aspects of section 7 of the ESA related to incidental take statements.
Determining the Amount of Taxes Paid for Purposes of the Foreign Tax Credit
Document Number: 2013-21401
Type: Rule
Date: 2013-09-04
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations providing guidance relating to the determination of the amount of taxes paid for purposes of the foreign tax credit. These regulations address certain highly structured arrangements that produce inappropriate foreign tax credit results. The regulations affect individuals and corporations that claim direct and indirect foreign tax credits.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2013-21397
Type: Rule
Date: 2013-09-04
Agency: Federal Aviation Administration, Department of Transportation
We are superseding airworthiness directive (AD) 90-23-14 for certain The Boeing Company Model 747 series airplanes. AD 90-23-14 required inspections of the fuselage skin lap splice between body station (BS) 340 and BS 400 at stringers (S)-6L and S-6R, and repair if necessary. This new AD adds new repetitive inspections for cracking in the S-6 skin lap splice, which terminates the inspections required by AD 90-23-14; eventual modification of the lap splice, which terminates the repetitive inspections; post-modification inspections; and corrective actions if necessary. This AD also adds airplanes to the applicability. This AD was prompted by a report of cracks up to 18.5 inches that were found at S-6L and S-6R on several airplanes, and subsequent analysis results that indicated that the protruding head fastener modification and related post-modification inspections required by AD 90-23-14 are not adequate to prevent cracking at the upper row of fasteners in the S-6 lap joint before the cracks reach a critical length. We are issuing this AD to detect and correct cracking at the upper row of fasteners in the S-6 lap joint, which could result in a sudden loss of cabin pressurization and the inability of the fuselage to withstand failsafe loads.
Security Zone, Baltimore Harbor, Baltimore's Inner Harbor; Baltimore, MD
Document Number: 2013-21394
Type: Rule
Date: 2013-09-04
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary security zone encompassing certain waters of Baltimore Harbor, Baltimore's Inner Harbor, at Baltimore, Maryland. This action is necessary to safeguard persons and property, and prevent terrorist acts or incidents. This rule prohibits vessels and people from entering the security zone and requires vessels and persons in the security zone to depart the security zone, unless granted permission from the Coast Guard Captain of the Port Baltimore or his designated representative.
Records of Failed Insured Depository Institutions
Document Number: 2013-21389
Type: Rule
Date: 2013-09-04
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The Federal Deposit Insurance Corporation (``FDIC'') is adopting a final rule that implements a section of the Federal Deposit Insurance Act. This statutory provision provides time frames for the retention of records of a failed insured depository institution. The final rule incorporates the statutory time frames and defines the term ``records.''
Determination of Attainment for the West Central Pinal Nonattainment Area for the 2006 Fine Particle Standard; Arizona; Determination Regarding Applicability of Clean Air Act Requirements
Document Number: 2013-21366
Type: Rule
Date: 2013-09-04
Agency: Environmental Protection Agency
EPA is taking final action to determine that the West Central Pinal nonattainment area in Arizona has attained the 2006 24-hour fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS). This determination is based upon complete, quality-assured, and certified ambient air monitoring data showing that this area has monitored attainment of the 2006 24-hour PM2.5 NAAQS based on the 2010-2012 monitoring period. Based on the above determination, the requirements for this area to submit an attainment demonstration, together with reasonably available control measures (RACM), a reasonable further progress (RFP) plan, and contingency measures for failure to meet RFP and attainment deadlines are suspended for so long as the area continues to attain the 2006 24-hour PM2.5 NAAQS.
Removal of Transferred OTS Regulations Regarding Recordkeeping and Confirmation Requirements for Securities Transactions Effected by State Savings Associations and Other Amendments
Document Number: 2013-21357
Type: Proposed Rule
Date: 2013-09-04
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
In this notice of proposed rulemaking, the Federal Deposit Insurance Corporation (``FDIC'') proposes to rescind and remove from the Code of Federal Regulations 12 CFR part 390, subpart K (``part 390, subpart K''), entitled ``Recordkeeping and Confirmation Requirements for Securities Transactions.'' This subpart was included in the regulations that were transferred to the FDIC from the Office of Thrift Supervision (``OTS'') on July 21, 2011, in connection with the implementation of applicable provisions of Title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''). With few exceptions addressed below, the requirements for State savings associations in part 390, subpart K, are substantively similar to those in FDIC's 12 CFR part 344 (``part 344''), which also is entitled ``Recordkeeping and Confirmation Requirements for Securities Transactions'' and is applicable to State nonmember insured banks and foreign banks having an insured branch. The FDIC proposes to amend the definition section of part 344 to clarifying that part 344 applies to all insured depository institutions, including State savings associations, for which the FDIC is the appropriate Federal banking agency. The FDIC also proposes to amend part 344 to increase the number of transactions that all FDIC- supervised institutions may effect on behalf of customers under the small transaction exception from certain of the recordkeeping requirements (``Small Transaction Exception''). Upon removal of part 390, subpart K, and with the proposed changes to part 344, the recordkeeping and confirmation requirements for securities transactions for customers effected by all insured depository institutions for which the FDIC has been designated the appropriate federal banking agency will be found at part 344.
Removal of Transferred OTS Regulations Regarding Post-Employment Activities of Senior Examiners
Document Number: 2013-21356
Type: Proposed Rule
Date: 2013-09-04
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
In this notice of proposed rulemaking, the Federal Deposit Insurance Corporation (FDIC) proposes to rescind and remove from the Code of Federal Regulations 12 CFR part 390, subpart A, entitled Restrictions on Post-Employment Activities of Senior Examiners. This subpart was included in the regulations that were transferred to the FDIC from the Office of Thrift Supervision (OTS) on July 21, 2011, in connection with the implementation of applicable provisions of Title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''). Upon removal of 12 CFR part 390, subpart A, the restrictions for post-employment activities of senior examiners of all insured depository institutions for which the FDIC has been designated the appropriate federal banking agency will be found at 12 CFR part 336, subpart C, entitled One-Year Restriction on Post-employment Activities of Senior Examiners. The proposed rule would not change 12 CFR part 336, subpart C. This notice of proposed rulemaking also proposes to revise the definition section of 12 CFR part 336, subpart B.
Airworthiness Directives; Various Aircraft Equipped With Rotax Aircraft Engines 912 A Series Engine
Document Number: 2013-21329
Type: Rule
Date: 2013-09-04
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for various aircraft equipped with Rotax Aircraft Engines 912 A Series Engine. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as oil leaks in the intake channel in the area of the valve guide on some cylinder heads could increase the oil consumption and result in engine stoppage. We are issuing this AD to require actions to address the unsafe condition on these products.
Water Quality Standards Regulatory Clarifications
Document Number: 2013-21140
Type: Proposed Rule
Date: 2013-09-04
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing changes to the federal water quality standards (WQS) regulation which helps implement the Clean Water Act. The changes will improve the regulation's effectiveness in restoring and maintaining the chemical, physical, and biological integrity of the nation's waters. The EPA is seeking comments from interested parties on these proposed revisions. The core of the current regulation has been in place since 1983; since then, a number of issues have been raised by states, tribes, or stakeholders or identified by the EPA in the implementation process that will benefit from clarification and greater specificity. The proposed rule addresses the following key program areas: Administrator's determinations that new or revised WQS are necessary, designated uses, triennial reviews, antidegradation, variances to WQS, and compliance schedule authorizing provisions.
Airworthiness Directives; Airbus Airplanes
Document Number: 2013-21071
Type: Rule
Date: 2013-09-04
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Airbus Model A318, A319, A320, and A321 series airplanes. This AD was prompted by reports that certain trimmable horizontal stabilizer actuators (THSA) were found with corrosion that affected the ballscrew lower splines between the tie-bar and screw-jack. This AD requires repetitive inspections of the THSA; ballscrew integrity tests, if necessary; and replacement of affected THSAs. We are issuing this AD to detect and correct corrosion in the ballscrew lower splines, which, if the ballscrew ruptured, could lead to transmission of THSA torque loads from the ballscrew to the tie-bar, prompting THSA blowback, and possible loss of control of the airplane.
Approval and Promulgation of Air Quality Implementation Plans; State of New Jersey; Redesignation of Areas for Air Quality Planning Purposes and Approval of the Associated Maintenance Plan
Document Number: 2013-21016
Type: Rule
Date: 2013-09-04
Agency: Environmental Protection Agency
On December 26, 2012 the New Jersey Department of Environmental Protection (NJDEP) submitted a request for the Environmental Protection Agency (EPA) to approve the redesignation of the New Jersey portion of the New York-N.New Jersey-Long Island, NY-NJ- CT nonattainment area, and the New Jersey portion of the Philadelphia- Wilmington, PA-NJ-DE nonattainment area, from nonattainment to attainment for the 1997 annual and the 2006 24-hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS). In conjunction with its redesignation request, New Jersey submitted a State Implementation Plan (SIP) revision containing a maintenance plan for the areas that provides for continued maintenance of the 1997 annual and 2006 24-hour PM2.5 NAAQS. The submittals included the 2007 ammonia (NH3), volatile organic compounds (VOC), nitrogen oxides (NOX), direct PM2.5 and sulfur dioxide (SO2) emissions inventories submitted to meet the comprehensive emissions inventory requirements of section 172(c)(3) of the Clean Air Act (CAA), and accompanying motor vehicle emissions budgets. EPA is taking final action to approve the requested SIP revisions and to redesignate the New Jersey portions of the New York- N.New Jersey-Long Island, NY-NJ-CT nonattainment area, and the Philadelphia-Wilmington, PA-NJ-DE nonattainment area, to attainment for the 1997 annual and the 2006 24-hour PM2.5 NAAQS.
Airworthiness Directives; Eurocopter France Helicopters
Document Number: 2013-20238
Type: Rule
Date: 2013-09-04
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Eurocopter France (Eurocopter) Model AS350 and AS355 helicopters. This AD requires inspecting the tail rotor control stop screws to determine if they are correctly aligned and adjusting the screws if they are misaligned. This AD is prompted by the discovery of a loose nut on the tail rotor control stop and a misaligned tail rotor control stop screw. The actions of this AD are intended to detect a loose nut or a misaligned stop screw, which, if not corrected, could limit yaw authority, and consequently, result in a loss of helicopter control.
Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters
Document Number: 2013-19500
Type: Rule
Date: 2013-09-04
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Eurocopter Deutschland GmbH (ECD) EC 135 P1, P2, P2+, T1, T2, and T2+ helicopters equipped with a certain main transmission housing upper part. This AD requires installing a corrugated washer in the middle of the main transmission filter housing upper part and modifying the main transmission housing upper part. This AD was prompted by an inspection of housing upper parts that revealed the bypass inlet in the oil filter area was not manufactured in accordance with applicable design specifications. The actions of this AD are intended to prevent failure of the main transmission and subsequent loss of control of the helicopter.
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