October 23, 2013 – Federal Register Recent Federal Regulation Documents
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Apricots Grown in Designated Counties in Washington; Increased Assessment Rate
This rule increases the assessment rate established for the Washington Apricot Marketing Committee (Committee) for the 2013-2014 and subsequent fiscal periods from $0.50 to $1.50 per ton of Washington apricots handled. The Committee locally administers the marketing order, which regulates the handling of apricots grown in designated counties in Washington. Assessments upon apricot handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period began on April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Apricots Grown in Designated Counties in Washington; Suspension of Handling Regulations
This rule suspends the minimum grade, size, quality, maturity, and inspection requirements prescribed under the Washington apricot marketing order (order) for the remainder of the 2013-2014 fiscal period and subsequent fiscal periods. The order regulates the handling of apricots grown in designated counties in Washington and is administered locally by the Washington Apricot Marketing Committee (Committee). This rule follows a suspension of the handling regulations that was enacted in the 2012-2013 fiscal period, and is expected to reduce overall industry expenses and increase net returns to growers and handlers.
Dried Prunes Produced in California; Increased Assessment Rate
This proposed rule would increase the assessment rate established for the Prune Marketing Committee (Committee) for the 2013- 14 and subsequent crop years from $0.22 to $0.28 per ton of salable dried prunes handled. The Committee locally administers the marketing order, which regulates the handling of dried prunes grown in California. Assessments upon dried prune handlers are used by the Committee to fund reasonable and necessary expenses of the program. The crop year begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Kiwifruit Grown in California; Decreased Assessment Rate
This rule decreases the assessment rate established for the Kiwifruit Administrative Committee (Committee) for the 2013-14 and subsequent fiscal periods from $0.035 to $0.025 per 9-kilo volume-fill container or equivalent of kiwifruit. The Committee locally administers the marketing order, which regulates the handling of kiwifruit grown in California. Assessments upon kiwifruit handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period began on August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Approval and Promulgation of State Implementation Plans; Hawaii; Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standard
EPA is proposing to approve elements of a State Implementation Plan (SIP) revision submitted by the State of Hawaii on February 13, 2013, pursuant to the requirements of of the Clean Air Act (CAA or the Act) for the 2008 Lead (Pb) national ambient air quality standards (NAAQS). Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA. We are taking comments on this proposal and plan to follow with a final action.
Approval and Promulgation of Implementation Plans; Tennessee; Bristol; 2010 Lead Base Year Emissions Inventory and Conversion of Conditional Approvals for Prevention of Significant Deterioration
EPA is proposing to approve the Lead 2010 base year emissions inventory State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC) on April 11, 2013. The emissions inventory was submitted to meet the requirements of the Clean Air Act (CAA or Act) for the Bristol 2008 Lead National Ambient Air Quality Standards (NAAQS) nonattainment area (hereafter also referred to as the ``Bristol Area'' or ``Area''). Additionally, EPA is proposing to convert conditional approvals to full approvals for Tennessee's 1997 annual fine particulate matter (PM2.5) NAAQS, 2006 24-hour PM2.5 NAAQS and 2008 ozone NAAQS infrastructure SIPs as they relate to adequate provisions prohibiting emissions that interfere with any other state's required measures to prevent significant deterioration of its air quality. EPA conditionally approved these portions of Tennessee's infrastructure submissions for these NAAQS on March 6, 2013, and March 26, 2013. Tennessee has since met the obligations associated with these conditional approvals, and therefore, EPA is proposing to convert these conditional approvals to full approvals.
Transmission Planning Reliability Standards
Under section 215 of the Federal Power Act, the Federal Energy Regulatory Commission approves Transmission Planning (TPL) Reliability Standard TPL-001-4, submitted by the North American Electric Reliability Corporation, the Commission-certified Electric Reliability Organization. Reliability Standard TPL-001-4 introduces significant revisions and improvements by requiring annual assessments addressing near-term and long-term planning horizons for steady state, short circuit and stability conditions. Reliability Standard TPL-001-4 also includes a provision that allows a transmission planner to plan for non-consequential load loss following a single contingency by providing a blend of specific quantitative and qualitative parameters for the permissible use of planned non-consequential load loss to address bulk electric system performance issues, including firm limitations on the maximum amount of load that an entity may plan to shed, safeguards to ensure against inconsistent results and arbitrary determinations that allow for the planned non-consequential load loss, and a more specifically defined, open and transparent, verifiable, and enforceable stakeholder process. The Commission finds in the Final Rule that the proposed Reliability Standard is just, reasonable, not unduly discriminatory or preferential, and in the public interest. In addition, the Commission directs NERC to modify Reliability Standard TPL-001-4 to address the concern that the standard could exclude planned maintenance outages of significant facilities from future planning assessments and directs NERC to change the TPL-001-4, Requirement R1 Violation Risk Factor from medium to high.
Irish Potatoes Grown in Washington; Temporary Change to the Handling Regulations and Reporting Requirements for Yellow Fleshed and White Types of Potatoes
This rule temporarily exempts yellow fleshed and white skin (white types) potatoes from minimum quality, maturity, pack, marking, and inspection requirements under the Washington potato marketing order through June 30, 2014. The marketing order regulates the handling of Irish potatoes grown in Washington and is administered locally by the State of Washington Potato Committee (Committee). During the temporary exemption period, reports will be required from handlers of yellow fleshed and white types of potatoes to obtain information necessary to administer the marketing order. This rule is expected to reduce overall industry expenses and increase net returns to producers and handlers while giving the industry the opportunity to explore alternative marketing strategies.
Airworthiness Directives; The Boeing Company Airplanes
The FAA withdraws a notice of proposed rulemaking (NPRM) that proposed a new airworthiness directive (AD) for certain The Boeing Company Model 767 airplanes equipped with General Electric Model CF6- 80C2 engines. The NPRM proposed to require modifying a relay installation and associated wiring of the engine cowl anti-ice system and performing a functional test of the thrust reverser system. The NPRM also proposed to require replacing the operational program software of certain indicating/recording systems. Since we issued the NPRM, we have received new data that indicate the unsafe condition would not be adequately addressed by the proposed action. The manufacturer has issued new service information to address the unsafe condition. Consequently, we issued new rulemaking action that positively addresses the unsafe condition identified in the NPRM, and eliminates the need for the actions proposed in the NPRM. Accordingly, the NPRM is withdrawn.
Airworthiness Directives; Fokker Services B.V. Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the butt-joints on the forward fuselage above the passenger door are subject to widespread fatigue damage (WFD). This proposed AD would require inspecting the forward fuselage butt-joints for cracking, repairing any crack, and eventually doing a terminating repair. We are proposing this AD to prevent fatigue cracking of such butt-joints, which could result in reduced structural integrity of the airplane and in-flight decompression of the airplane.
Airworthiness Directives; The Boeing Company Airplanes
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 777F series airplanes. This proposed AD was prompted by a report of a fire that originated near the first officer's seat and caused extensive damage to the flight deck. This proposed AD would require replacing the low-pressure oxygen hoses with non-conductive low-pressure oxygen hoses in the stowage box and supernumerary ceiling area. We are proposing this AD to prevent electrical current from passing through an internal, anti-collapse spring of the low-pressure oxygen hose, which can cause the low- pressure oxygen hose to melt or burn and lead to an oxygen-fed fire on the flight deck.
Suspended Counterparty Program
The Federal Housing Finance Agency (FHFA) is issuing an interim final rule with request for comments that generally codifies the procedures FHFA follows under its existing Suspended Counterparty Program, established in June, 2012. The interim final rule requires the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), and the twelve Federal Home Loan Banks (Banks) (hereafter, collectively, ``regulated entities'' or individually, ``regulated entity'') to submit reports to FHFA when they become aware that an individual or institution and any affiliates thereof with which they are doing or have done business has committed fraud or other financial misconduct during the time period specified in the rule. The interim final rule sets forth the procedures for FHFA issuance of proposed and final suspension orders. Proposed suspension orders include an opportunity for response by the affected individual or institution and by the regulated entities. A final suspension order may be issued if FHFA determines that the covered misconduct is of a type that would be likely to cause significant financial or reputational harm to a regulated entity or otherwise threaten the safe and sound operation of a regulated entity. Final suspension orders direct the regulated entities to cease or refrain from doing business with the individuals or institutions for a specified period of time or permanently.
Unified Registration System; Correction
FMCSA makes corrections to its August 23, 2013, final rule regarding the Unified Registration System. This document makes four minor revisions to the URS final rule to be consistent with the Agency's ``General Technical, Organizational and Conforming Amendments to the Federal Motor Carrier Safety Regulations'' final rule published on September 24, 2013.
Exhaust Emissions Standards for New Aircraft Gas Turbine Engines and Identification Plate for Aircraft Engines
On December 31, 2012, the FAA published a final rule with a request for comments amending the emission standards for turbine engine powered airplanes to incorporate the standards that were promulgated by the United States Environmental Protection Agency (EPA) on June 18, 2012. The FAA's final rule fulfilled its requirements under the Clean Air Act Amendments of 1970 to issue regulations ensuring compliance with the EPA standards. Although the public had an opportunity to comment on the EPA's rule, and the FAA adopted the same requirements, the FAA sought public comment on its final rule. This action addresses the comments the FAA received.
Exhaust Emissions Standards for New Aircraft Gas Turbine Engines and Identification Plate for Aircraft Engines
The FAA is making technical changes to a final rule published in the Federal Register on December 31, 2012. That final rule amended the emission standards for certain turbine engine powered airplanes to incorporate the standards promulgated by the United States Environmental Protection Agency (EPA) on June 18, 2012. The final rule contained six minor technical errors: One in the authority citation, and five in tables listing the emissions standards for engines manufactured on and after July 18, 2012. In addition, we are correcting an error in a definition that existed before the final rule and was overlooked. The FAA is issuing this technical amendment to correct these errors.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Hooker (Hyde Park) Superfund Site
The Environmental Protection Agency (EPA) Region 2 announces the deletion of the Hooker (Hyde Park) Superfund Site (Site) located in Niagara Falls, New York, 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). The EPA and the State of New York, through the Department of Environmental Conservation, have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.
Designee for Patient Personal Property
The Department of Veterans Affairs (VA) proposes to amend its regulation that governs a competent veteran's designation of a person to receive the veteran's funds and personal effects in the event that such veteran was to die while in a VA field facility. The proposed rule would eliminate reference to an obsolete VA form, clarify the role of a VA fiduciary for an incompetent veteran-patient, as well as restructure the current regulation for ease of readability.
VA Dental Insurance Program-Federalism
The Department of Veterans Affairs (VA) proposes to amend its regulations related to the VA Dental Insurance Program (VADIP), a pilot program to offer premium-based dental insurance to enrolled veterans and certain survivors and dependents of veterans. Specifically, this rule would add language to clarify the preemptive effect of certain criteria in the VADIP regulations.
Amendments to the 2013 Mortgage Rules Under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z)
This rule amends provisions in Regulation Z and final rules issued by the Bureau of Consumer Financial Protection (Bureau) in 2013, which, among other things, required that consumers receive counseling before obtaining high-cost mortgages and that servicers provide periodic account statements and rate adjustment notices to mortgage borrowers, as well as engage in early intervention when borrowers become delinquent. The amendments clarify the specific disclosures that must be provided before counseling for high-cost mortgages can occur, and proper compliance regarding servicing requirements when a consumer is in bankruptcy or sends a cease communication request under the Fair Debt Collection Practices Act. The rule also makes technical corrections to provisions of other rules. The Bureau requests public comment on these changes.
Energy Conservation Program: Energy Conservation Standards for Certain Consumer Products and Commercial and Industrial Equipment
The recently enacted American Energy Manufacturing Technical Corrections Act amended the Energy Policy and Conservation Act as to certain consumer products and commercial and industrial equipment. The amendments include new and revised energy conservation standards and definitions, as well as technical corrections, which the Department of Energy (DOE) is incorporating into its regulations in this technical amendment. DOE is also making additional limited changes to the language of its regulations, as necessitated by the statutory amendments.
Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Test Procedures for Showerheads, Faucets, Water Closets, Urinals, and Commercial Prerinse Spray Valves
On May 30, 2012, the U.S. Department of Energy (DOE) issued a notice of proposed rulemaking (NOPR) to amend the test procedures for showerheads, faucets, water closets, urinals, and prerinse spray valves. Following consideration of comments received in response to the NOPR, DOE issued a supplemental notice of proposed rulemaking (SNOPR) on April 8, 2013. The SNOPR included revisions to the definitions of showerhead and hand-held showerhead; removal of body sprays from the proposed showerhead definition; requirements pertaining to testing of showerheads that are components of shower towers; a standardized test method to be used when verifying the mechanical retention of a showerhead flow control insert when subject to 8 pounds force (lbf); clarification of permissible trim adjustments for tank-type water closets; amendments to the required static test pressures to be used when testing flushometer valve siphonic and blowout water closets; and clarifications of the definition of basic model with respect to flushometer valve water closets and urinals, as well as associated changes to certification reporting requirements for both of these products. These proposed rulemakings serve as the basis for this action.
Drawbridge Operation Regulation; Inner Harbor Navigational Canal, New Orleans, LA
The Coast Guard proposes to modify the operating schedules that govern the US 90 (Danzinger) Bridge across the Inner Harbor Navigational Canal (IHNC), mile 3.1 and the Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) bridge across the IHNC, mile 4.6, both at New Orleans, LA. This proposed change would allow for the safe navigation of vessels while reflecting the low volume of vessel traffic through the bridges thereby increasing efficiency of operations. The proposed change would allow the bridges to operate in a manner that would align the two operating schedules so the bridge owner would be able to use the same bridge crew personnel to operate both bridges with little to no effect on navigation through the bridges.
Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities-Waivers of iTRS Mandatory Minimum Standards
In this document, the Commission proposes to amend its rules setting minimum standards for telecommunications relay services (TRS) by eliminating standards for Internet-based relay services (iTRS) and public switched telephone network-based captioned telephone services (CTS) which are inapplicable to, or technologically infeasible for, these services. In the past and currently, these services had been exempted from these standards by the grant of waivers. This action is necessary to provide greater certainty for iTRS and CTS users and providers with respect to the TRS mandatory minimum standard and to obviate the need for further periodic waiver filings regarding the waived standards.
Special Regulations; Areas of the National Park System; Yellowstone National Park; Winter Use
The National Park Service is promulgating this rule to establish a management framework that allows the public to experience the unique winter resources and values at Yellowstone National Park. This rule includes provisions that allow greater flexibility for commercial tour operators, provide mechanisms to make the park cleaner and quieter than what has been allowed during the previous four winter seasons, reward oversnow vehicle innovations and technologies, and allow increases in visitation. It also requires snowmobiles and snowcoaches operating in the park to meet air and sound emission requirements and be accompanied by a guide.
Safety Standard for Bassinets and Cradles
The Danny Keysar Child Product Safety Notification Act, Section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), requires the United States Consumer Product Safety Commission (Commission or CPSC) to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ``substantially the same as'' applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is issuing a safety standard for bassinets and cradles in response to the direction under Section 104(b) of the CPSIA.
Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Comal Springs Dryopid Beetle, Comal Springs Riffle Beetle, and Peck's Cave Amphipod
We, the U.S. Fish and Wildlife Service (Service), revise the critical habitat for the Comal Springs dryopid beetle (Stygoparnus comalensis), Comal Springs riffle beetle (Heterelmis comalensis), and Peck's cave amphipod (Stygobromus pecki), under the Endangered Species Act of 1973, as amended. In total, we are designating approximately 169 acres (68 hectares) as revised critical habitat. The revised critical habitat consists of four units in Comal and Hays Counties, Texas.
Approval and Promulgation of Air Quality Implementation Plans; Indiana
EPA is proposing to approve additions and revisions to the monitoring and sulfur dioxide rules in the Indiana state implementation plan submitted on September 19, 2011. The monitoring rules will be used to determine whether various source categories are in compliance with the applicable emission limits. EPA is also proposing approval of a related definition submitted by Indiana on September 6, 2013.
Approval and Promulgation of Air Quality Implementation Plans; Indiana
On September 19, 2011, Indiana submitted changes to its monitoring rules to EPA as a revision to its state implementation plan (SIP). The monitoring rules will be used to determine whether various source categories are in compliance with the applicable emission limits. On September 6, 2013, Indiana made a supplemental submission of a related definition. For the reasons discussed below, EPA is approving these revisions to the monitoring rules in the Indiana SIP.
United States-Panama Trade Promotion Agreement
This rule amends the U.S. Customs and Border Protection (CBP) regulations on an interim basis to implement the preferential tariff treatment and other customs-related provisions of the United States- Panama Trade Promotion Agreement entered into by the United States and the Republic of Panama.
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