September 23, 2013 – Federal Register Recent Federal Regulation Documents

International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Bigeye Tuna Catch Limit in Longline Fisheries for 2013 and 2014
Document Number: 2013-23106
Type: Rule
Date: 2013-09-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues regulations under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act) to establish a catch limit of 3,763 metric tons (mt) of bigeye tuna (Thunnus obesus) for vessels in the U.S. pelagic longline fisheries operating in the western and central Pacific Ocean (WCPO) for each of the calendar years 2013 and 2014. The limit does not apply to vessels in the longline fisheries of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands (CNMI). Once the limit of 3,763 mt is reached in 2013 or 2014, retaining, transshipping, or landing bigeye tuna caught in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), which comprises the majority of the WCPO, will be prohibited for the remainder of the calendar year, with certain exceptions. This action is necessary for the United States to satisfy its obligations under the Convention, to which it is a Contracting Party.
Airworthiness Directives; Eurocopter France Helicopters
Document Number: 2013-23102
Type: Proposed Rule
Date: 2013-09-23
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) for Eurocopter France (Eurocopter) Model AS350B3 helicopters with a certain modification (MOD) installed. The existing AD currently requires installing two placards and revising the Rotorcraft Flight Manual (RFM). The AD also requires certain checks and inspecting and replacing, if necessary, all four laminated half-bearings (bearings). Since we issued that AD, we have determined that the unsafe condition applies to additional model helicopters, and that a recently developed Eurocopter modification should be a required terminating action for the repetitive checks required by the AD. This proposed AD would retain the existing AD requirements, require certain modifications which would be terminating action for the airspeed limitations, and would add certain helicopter models to the bearing inspection with a different inspection interval. The proposed actions are intended to prevent vibration due to a failed bearing, failure of the tail rotor, and subsequent loss of control of the helicopter.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 19
Document Number: 2013-23093
Type: Rule
Date: 2013-09-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this final rule to implement management measures for black sea bass described in Regulatory Amendment 19 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared by the South Atlantic Fishery Management Council (Council). Regulatory Amendment 19 specifies the acceptable biological catch (ABC), and the amendment and this final rule revise the optimum yield (OY), the commercial and recreational annual catch limits (ACLs), and the recreational annual catch target (ACT) for black sea bass harvested in or from the South Atlantic exclusive economic zone (EEZ). This final rule also establishes an annual prohibition on the use of black sea bass pots in the South Atlantic from November 1 through April 30. The purpose of this rule is to provide socio-economic benefits to snapper-grouper fishermen and communities that utilize the snapper-grouper resource, while maintaining fishing mortality at sustainable levels according to the best scientific information available. The rule also prevents interactions between black sea bass pot gear and whales listed under the Endangered Species Act (ESA) during periods of large whale migrations and during the northern right whale calving season off of the southeastern coast.
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2013-2014 Accountability Measure and Closure for Gulf King Mackerel in Western Zone
Document Number: 2013-23070
Type: Rule
Date: 2013-09-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS implements an accountability measure (AM) for commercial king mackerel in the western zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary final rule. NMFS has determined that the commercial annual catch limit (ACL) (equal to the commercial quota) for king mackerel in the western zone of the Gulf EEZ will have been reached by September 20, 2013. Therefore, NMFS closes the western zone of the Gulf to commercial king mackerel fishing in the EEZ. This closure is necessary to protect the Gulf king mackerel resource.
Importation of Litchi Fruit From Australia
Document Number: 2013-23044
Type: Rule
Date: 2013-09-23
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations in order to allow, under certain conditions, the importation of commercial shipments of litchi fruit from Australia into the continental United States, except Florida. As a condition of entry, the litchi fruit must be treated with irradiation and subject to inspection. If irradiation is applied outside the United States, the fruit must be inspected jointly by inspectors from the Animal and Plant Health Inspection Service and the national plant protection organization (NPPO) of Australia prior to departure and accompanied by a phytosanitary certificate issued by the NPPO of Australia certifying that the fruit received the required irradiation treatment. If irradiation is to be applied upon arrival in the United States, the fruit must be inspected by Australian inspectors prior to departure and accompanied by a phytosanitary certificate issued by the NPPO of Australia. Additionally, the litchi fruit may not be imported into or distributed within the State of Florida, due to the presence of litchi rust mite in Australia. This action allows for the importation of litchi fruit from Australia into the continental United States, except Florida, while continuing to provide protection against the introduction of quarantine pests.
Refuge Alternatives for Underground Coal Mines
Document Number: 2013-23031
Type: Proposed Rule
Date: 2013-09-23
Agency: Department of Labor, Mine Safety and Health Administration
In response to requests from interested parties, the Mine Safety and Health Administration (MSHA) is extending the comment period on the Agency's Request for Information (RFI) on Refuge Alternatives for Underground Coal Mines. This extension gives interested parties additional time to review new information on refuge alternatives.
Establishment of Class D Airspace; Bryant AAF, Anchorage, AK
Document Number: 2013-23016
Type: Rule
Date: 2013-09-23
Agency: Federal Aviation Administration, Department of Transportation
This action corrects a final rule published in the Federal Register August 8, 2013 that establishes Class D airspace at Bryant Army Airfield (AAF), Anchorage, AK. In that rule, an error was made in the legal description for Bryant AAF, in that the language indicating Class D airspace as part time was left out.
Federal Tort Claims Act (FTCA) Medical Malpractice Program Regulations: Clarification of FTCA Coverage for Services Provided to Non-Health Center Patients
Document Number: 2013-22993
Type: Rule
Date: 2013-09-23
Agency: Department of Health and Human Services
This final rule amends the current regulatory text of the regulations for FTCA Coverage of Certain Grantees and Individuals with the key text and examples of activities that have been determined, consistent with provisions of the existing regulation, to be covered by the FTCA, as previously published in the September 25, 1995 Federal Register Notice (September 1995 Notice). Additionally, HRSA has added examples of services covered under the FTCA involving individual emergency care provided to a non-health center patient and updated the September 1995 Notice immunization example to include events to immunize individuals against infectious illnesses. The amended regulation will supersede the September 1995 Notice.
Servicemembers' Group Life Insurance and Veterans' Group Life Insurance Information Access
Document Number: 2013-22977
Type: Proposed Rule
Date: 2013-09-23
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) proposes to amend its regulations governing Servicemembers' Group Life Insurance (SGLI), Family SGLI, SGLI Traumatic Injury Protection, and Veterans' Group Life Insurance (all hereafter referred to as SGLI). The purpose is to acknowledge and clarify what is implicit in the law: That VA, which has the responsibility under the law to oversee the SGLI program and ensure its proper operation, also has the right to full access to records held by the insurer or on behalf of the insurer from whom VA has purchased a policy. These records include all of the insurer's records related to the operation and administration of the SGLI programs necessary to protect the legal and financial rights of the Government and of the persons affected by the activities of the agency and its agents.
Approval and Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 1997 and 2006 PM2.5
Document Number: 2013-22967
Type: Rule
Date: 2013-09-23
Agency: Environmental Protection Agency
EPA is approving State Implementation Plan (SIP) submissions from the State of Colorado to demonstrate that the SIP meets the infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for PM2.5 on July 18, 1997 and on October 17, 2006. The CAA requires that each state, after a new or revised NAAQS is promulgated, review their SIPs to ensure that they meet infrastructure requirements. The State of Colorado provided infrastructure SIP submissions on April 4, 2008 and June 4, 2010 for the 1997 and 2006 PM2.5 NAAQS, respectively. In addition, EPA is approving portions of SIP revisions submitted by the State of Colorado on May 11, 2012 and May 13, 2013. The revisions update Regulation 3 of the Air Quality Control Commission permitting requirements for the Prevention of Significant Deterioration (PSD) program to incorporate the required elements of the 2008 PM2.5 NSR Implementation Rule and the 2010 PM2.5 Increment Rule.
Approval and Promulgation of Implementation Plans; North Carolina; Removal of Stage II Gasoline Vapor Recovery Program
Document Number: 2013-22965
Type: Rule
Date: 2013-09-23
Agency: Environmental Protection Agency
EPA is taking final action to approve changes to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina Department of Environment and Natural Resources (NC DENR), Division of Air Quality on September 18, 2009, for the purpose of removing Stage II vapor control requirement contingency measures for new and upgraded gasoline dispensing facilities in the State. The September 18, 2009, SIP revision also addresses several non-Stage II related rule changes. However, action on the other portions for the September 18, 2009, SIP revision is being addressed in a separate rulemaking action. EPA has determined that North Carolina's September 18, 2009, SIP revision regarding the Stage II vapor control requirements is approvable because it is consistent with the Clean Air Act (CAA or Act).
Designation of Areas for Air Quality Planning Purposes; California; Morongo Band of Mission Indians
Document Number: 2013-22873
Type: Rule
Date: 2013-09-23
Agency: Environmental Protection Agency
EPA is taking final action to correct an error in a previous rulemaking that revised the boundaries between nonattainment areas in Southern California designated under the Clean Air Act for the national ambient air quality standard for one-hour ozone. EPA is also taking final action to revise the boundaries of certain Southern California air quality planning areas to designate the Indian country of the Morongo Band of Mission Indians, California as a separate air quality planning area for the one-hour and 1997 eight-hour ozone standards.
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2013-14 Late Season
Document Number: 2013-22872
Type: Rule
Date: 2013-09-23
Agency: Fish and Wildlife Service, Department of the Interior
This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.
Designation of Areas for Air Quality Planning Purposes; California; San Joaquin Valley, South Coast Air Basin, Coachella Valley, and Sacramento Metro Ozone Nonattainment Areas; Reclassification
Document Number: 2013-22871
Type: Proposed Rule
Date: 2013-09-23
Agency: Environmental Protection Agency
EPA is withdrawing a proposed action to reclassify the Indian country pertaining to the Morongo Band of Mission Indians (Morongo Reservation) from ``severe-17'' to ``extreme'' for the 1997 eight-hour ozone standard.
Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for Certain Migratory Game Birds
Document Number: 2013-22862
Type: Rule
Date: 2013-09-23
Agency: Fish and Wildlife Service, Department of the Interior
This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits for general waterfowl seasons and those early seasons for which States previously deferred selection. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2013-14 season.
Establishment of Class E Airspace; Battle Mountain, NV
Document Number: 2013-22846
Type: Rule
Date: 2013-09-23
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E airspace at the Battle Mountain VHF Omni-Directional Radio Range Tactical Air Navigational Aid (VORTAC) navigation aid, Battle Mountain, NV, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Salt Lake City, Oakland and Los Angeles Air Route Traffic Control Centers (ARTCCs). This improves the safety and management of IFR operations within the National Airspace System.
Establishment of Class E Airspace; Wasatch, UT
Document Number: 2013-22840
Type: Rule
Date: 2013-09-23
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E airspace at the Wasatch VHF Omni-Directional Radio Range Tactical Air Navigational Aid (VORTAC) navigation aid, Wasatch, UT, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Salt Lake City Air Route Traffic Control Center (ARTCC). This improves the safety and management of IFR operations within the National Airspace System. This action also makes a minor adjustment to the geographic coordinates of the Wasatch VORTAC navigation aid.
Medicare Program; Prospective Payment System for Federally Qualified Health Centers; Changes to Contracting Policies for Rural Health Clinics; and Changes to Clinical Laboratory Improvement Amendments of 1988 Enforcement Actions for Proficiency Testing Referral
Document Number: 2013-22821
Type: Proposed Rule
Date: 2013-09-23
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would establish methodology and payment rates for a prospective payment system (PPS) for federally qualified health center (FQHC) services under Medicare Part B beginning on October 1, 2014, in compliance with the statutory requirement of the Affordable Care Act. This proposed rule would also establish a policy which would allow rural health clinics (RHCs) to contract with nonphysician practitioners when statutory requirements for employment of nurse practitioners and physician assistants are met, and make other technical and conforming changes to the RHC and FQHC regulations. Finally, this proposed rule would make changes to the Clinical Laboratory Improvement Amendments (CLIA) regulations regarding enforcement actions for proficiency testing referral.
Certification Process for State Capital Counsel System
Document Number: 2013-22766
Type: Rule
Date: 2013-09-23
Agency: Department of Justice
Chapter 154 of title 28, United States Code, provides special procedures for Federal habeas corpus review of cases brought by indigent prisoners in State custody who are subject to a capital sentence. These special procedures are available to States that the Attorney General has certified as having established mechanisms for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State postconviction proceedings brought by such prisoners, and as providing standards of competency for the appointment of counsel in these proceedings. This rule sets forth the regulations for the certification procedure.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Customs and Border Protection-019 Air and Marine Operations Surveillance System (AMOSS) System of Records
Document Number: 2013-22691
Type: Proposed Rule
Date: 2013-09-23
Agency: Department of Homeland Security, Office of the Secretary
The Department of Homeland Security is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/U.S. Customs and Border Protection019 Air and Marine Operations Surveillance System (AMOSS) System of Records'' and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Prevailing Rate Systems; North American Industry Classification System Based Federal Wage System Wage Surveys
Document Number: 2013-22498
Type: Rule
Date: 2013-09-23
Agency: Office of Personnel Management
The U.S. Office of Personnel Management is issuing a final rule to update the 2007 North American Industry Classification System (NAICS) codes currently used in Federal Wage System wage survey industry regulations with the 2012 NAICS revisions published by the Office of Management and Budget.
Oil and Natural Gas Sector: Reconsideration of Certain Provisions of New Source Performance Standards
Document Number: 2013-22010
Type: Rule
Date: 2013-09-23
Agency: Environmental Protection Agency
This action finalizes the amendments to new source performance standards for the oil and natural gas sector. The Administrator received petitions for reconsideration of certain aspects of the August 12, 2012, final standards. These amendments are a result of reconsideration of certain issues raised by petitioners related to implementation of storage vessel provisions. The final amendments provide clarity of notification and compliance dates, ensure control of all storage vessel affected facilities and update key definitions. This action also corrects technical errors that were inadvertently included in the final standards.
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