October 29, 2013 – Federal Register Recent Federal Regulation Documents

Proposed Waste Confidence Rule and Draft Generic Environmental Impact Statement
Document Number: 2013-25614
Type: Proposed Rule
Date: 2013-10-29
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) has rescheduled to November 12 the Waste Confidence public meeting it initially planned to hold in Oak Brook, Illinois, on October 24, 2013. The NRC postponed this meeting as a result of lapsed appropriations. The rescheduled meeting will allow the NRC to receive public comments on proposed amendments to the NRC's regulations pertaining to the environmental impacts of the continued storage of spent nuclear fuel beyond a reactor's licensed life for operation and prior to ultimate disposal (the proposed Waste Confidence rule) and the draft generic environmental impact statement (DGEIS), NUREG-2157, ``Waste Confidence Generic Environmental Impact Statement,'' that forms a regulatory basis for the proposed amendments. The meeting is open to the public, and anyone may attend. The NRC will publish notices for other postponed and rescheduled Waste Confidence public meetings as soon as practicable.
Proposed Waste Confidence Rule and Draft Generic Environmental Impact Statement
Document Number: 2013-25602
Type: Proposed Rule
Date: 2013-10-29
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) has rescheduled the Waste Confidence public meetings it initially planned to hold in San Luis Obispo and Carlsbad, California, on October 7 and October 9, respectively. The NRC postponed these meetings as a result of lapsed appropriations. The Waste Confidence public meeting in Carlsbad will now be held on November 18, 2013. The Waste Confidence public meeting in San Luis Obispo will now be held on November 20, 2013. The rescheduled meetings will allow the NRC to receive public comments on proposed amendments to the NRC's regulations pertaining to the environmental impacts of the continued storage of spent nuclear fuel beyond a reactor's licensed life for operation and prior to ultimate disposal (the proposed Waste Confidence rule) and the draft generic environmental impact statement (DGEIS), NUREG-2157, ``Waste Confidence Generic Environmental Impact Statement,'' that forms a regulatory basis for the proposed rule. The meetings are open to the public, and anyone may attend. The NRC will publish notices for other postponed and rescheduled Waste Confidence public meetings as soon as practicable.
Amendment to Standards and Practices for All Appropriate Inquiries
Document Number: 2013-25592
Type: Rule
Date: 2013-10-29
Agency: Environmental Protection Agency
Because EPA received adverse comment, we are withdrawing the direct final rule for the Amendment to Standards and Practices for All Appropriate Inquiries published on August 15, 2013.
Partial Approval and Disapproval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements for Lead (Pb)
Document Number: 2013-25586
Type: Proposed Rule
Date: 2013-10-29
Agency: Environmental Protection Agency
EPA is proposing to partially approve and partially disapprove State Implementation Plan (SIP) revisions submitted by the State of Nevada on October 12, 2011, July 23, 2012, and August 30, 2012, pursuant to the requirements of the Clean Air Act (CAA or the Act) for the implementation, maintenance, and enforcement of the 2008 Lead (Pb) national ambient air quality standards (NAAQS). We refer to such SIP revisions as ``infrastructure'' SIPs because they are intended to address basic structural SIP requirements for new or revised NAAQS including, but not limited to, legal authority, regulatory structure, resources, permit programs, monitoring, and modeling necessary to assure attainment and maintenance of the standards. We are taking comments on this proposal and plan to follow with a final action.
Policy To Encourage Trial Disclosure Programs; Information Collection
Document Number: 2013-25580
Type: Rule
Date: 2013-10-29
Agency: Bureau of Consumer Financial Protection
The Bureau of Consumer Financial Protection (Bureau) is issuing its Policy to Encourage Trial Disclosure Programs (Policy), which is intended to carry out the Bureau's authority under of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act).
Extension of Comment Period for the NPDES Electronic Reporting Rule
Document Number: 2013-25577
Type: Proposed Rule
Date: 2013-10-29
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency is extending the comment period for the NPDES Electronic Reporting Rule, published on July 30, 2013. EPA is soliciting public comment on a new regulation that would require electronic reporting for current paper-based NPDES reports. This action will save time and resources for permittees, states, tribes, territories, and EPA while improving compliance and providing better protection of the Nation's waters. The proposed Clean Water Act regulation would require permittees and regulators to use existing, available information technology to electronically report information and data related to the NPDES permit program in lieu of filing written reports. In response to requests from stakeholders, this action extends the comment period for 45 days.
Mississippi Regulatory Program
Document Number: 2013-25575
Type: Rule
Date: 2013-10-29
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Mississippi regulatory program (Mississippi Program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Mississippi proposed revisions to its regulations regarding: definitions; identification of interests; lands eligible for remining; permit eligibility determination; review of permit applications; eligibility for provisionally issued permits; criteria for permit approval or denial; initial review and finding requirements for improvidently issued permits; notice requirements for improvidently issued permits; suspension or rescission requirements for improvidently issued permits; unanticipated events or conditions at remining sites; verification of ownership or control application information; who may challenge ownership or control listings and findings; how to challenge an ownership or control listing or finding; burden of proof for ownership or control challenges; written agency decision on challenges to ownership or control listings or findings; post-permit issuance requirements for regulatory authorities and other actions based on ownership, control, and violation information; post-permit issuance requirements for permittees; backfilling and grading: previously mined areas; and alternative enforcement. Mississippi intends to revise its program to be no less effective than corresponding Federal regulations, to clarify ambiguities, and to improve operational efficiency.
Assistance to Foreign Atomic Energy Activities
Document Number: 2013-25551
Type: Proposed Rule
Date: 2013-10-29
Agency: Department of Energy
On September 7, 2011, DOE issued a notice of proposed rulemaking (NOPR) to propose the first comprehensive updating of regulations concerning Assistance to Foreign Atomic Energy Activities since 1986. The NOPR reflected a need to make the regulations consistent with current global civil nuclear trade practices and nonproliferation norms, and to update the activities and technologies subject to the Secretary of Energy's specific authorization and DOE reporting requirements. It also identified destinations with respect to which most assistance would be generally authorized. Remaining destinations would require a specific authorization by the Secretary of Energy. After careful consideration of all comments received, DOE published a supplemental notice of proposed rulemaking (SNOPR) on August 2, 2013, to respond to those comments, propose new or revised rule changes, and afford interested parties an opportunity to comment. A public meeting on the SNOPR was held at DOE's headquarters on August 5, 2013. A second public meeting will be held on November 15, 2013 at the Washington Grand Hyatt, 1000 H St. NW., Washington, DC 20001. In conjunction with the timing of this second public meeting, the Department is extending the comment period to November 29, 2013. The extension will facilitate conducting the second public meeting and afford additional time for the public to review and comment on the proposed regulation. The Department looks forward to hearing feedback from the public on the proposed regulations.
Airworthiness Directives; Twin Commander Aircraft LLC Airplanes; Initial Regulatory Flexibility Analysis
Document Number: 2013-25526
Type: Proposed Rule
Date: 2013-10-29
Agency: Federal Aviation Administration, Department of Transportation
This document announces the availability of and request for comments on the initial regulatory flexibility analysis for the previously published Airworthiness Directive (AD) 2013-09-05 that applies to certain Twin Commander Aircraft LLC Models 690, 690A, and 690B airplanes. AD 2013-09-05 requires inspection for cracking of the outer fuselage attachments, the lower wing main spar, the vertical channels, the upper picture window channels, aft cabin pressure web, external wing to fuselage fillets, and fasteners; repair or replacement of damaged parts as necessary; and modification of the structure with reinforced parts.
Disposition of Unclaimed Human Remains and Other Cultural Items Discovered on Federal Lands After November 16, 1990
Document Number: 2013-25511
Type: Proposed Rule
Date: 2013-10-29
Agency: Department of the Interior, Office of the Secretary
This rule proposes procedures for the disposition of unclaimed human remains, funerary objects, sacred objects, or objects of cultural patrimony discovered on Federal lands after November 16, 1990. It would implement section 3 (b) of the Native American Graves Protection and Repatriation Act of 1990.
Airworthiness Directives; Pratt & Whitney Canada Corp. Turboprop Engines
Document Number: 2013-25460
Type: Proposed Rule
Date: 2013-10-29
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all Pratt & Whitney Canada Corp. (P&WC) PT6A-114 and PT6A-114A turboprop engines. This proposed AD was prompted by several incidents of compressor turbine (CT) blade failure, including two fatalities, resulting in power loss and in-flight shutdown (IFSD) of the engine. This proposed AD would require initial and repetitive borescope inspections (BSIs) of CT blades, and the removal from service of blades that fail inspection. We are proposing this AD to prevent failure of CT blades, which could lead to damage to the engine or to the airplane.
Airworthiness Directives; Pratt & Whitney Turbofan Engines
Document Number: 2013-25459
Type: Proposed Rule
Date: 2013-10-29
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all Pratt & Whitney (PW) PW2037, PW2037D, PW2037M, PW2040, PW2040D, PW2043, PW2146, PW2240, PW2337, PW2643, and F117-PW-100 turbofan engines. This proposed AD was prompted by a rupture of the diffuser-to-high-pressure turbine (HPT) case flange. This proposed AD would require a one-time eddy current inspection (ECI) of affected engines with certain diffuser and HPT cases installed. This AD also proposes to require a fluorescent-penetrant inspection (FPI) of the diffuser case rear flange and HPT case front flange. We are proposing this AD to prevent failure of the diffuser-to-HPT case flange, which could lead to uncontained engine failure and damage to the airplane.
Children's Online Privacy Protection Rule Applications for Approval of Proposed Parental Consent Methods by AssertID, Inc., Imperium LLC, and iVeriFly, Inc.; Application for Approval of Safe Harbor Program by kidSAFE Seal Program
Document Number: 2013-25452
Type: Proposed Rule
Date: 2013-10-29
Agency: Federal Trade Commission, Agencies and Commissions
The FTC is extending the deadlines for Commission determination of applications for approval of proposed parental consent methods by AssertID, Inc. (``AssertID''), Imperium LLC (``Imperium''), and iVeriFly, Inc. (``iVeriFly'') pursuant to the Children's Online Privacy Protection Rule. In addition, the FTC is extending the deadline for filing public comments concerning Imperium's application for approval of a parental consent method and the proposed self-regulatory guidelines submitted by the kidSAFE Seal Program (``kidSAFE''), owned and operated by Samet Privacy, LLC, under the safe harbor provision of the Children's Online Privacy Protection Rule.
Petition for Reconsideration of Action in Rulemaking Proceeding
Document Number: 2013-25435
Type: Proposed Rule
Date: 2013-10-29
Agency: Federal Communications Commission, Agencies and Commissions
In this document, a Petition for Reconsideration (Petition) has been filed in the Commission's Rulemaking proceeding by Donald J. Evans on behalf of NTCH, Inc.
Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Diplacus vandenbergensis (Vandenberg Monkeyflower)
Document Number: 2013-25399
Type: Proposed Rule
Date: 2013-10-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, propose to designate critical habitat for Diplacus vandenbergensis (Vandenberg monkeyflower) under the Endangered Species Act. If we finalize this rule as proposed, it would extend the Act's protections to this species' critical habitat. The effect of this regulation is to conserve Vandenberg monkeyflower's habitat under the Endangered Species Act.
Special Conditions: Airbus, Model A350-900 Series Airplane; Ground Pivoting Loads
Document Number: 2013-25398
Type: Proposed Rule
Date: 2013-10-29
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for Airbus Model A350- 900 series airplanes. These airplanes will have a novel or unusual design feature(s) associated with a braking system that affects the airplane's pivoting behavior. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Endangered and Threatened Wildlife and Plants; Endangered Status for Vandenberg Monkeyflower
Document Number: 2013-25397
Type: Proposed Rule
Date: 2013-10-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, propose to list Vandenberg monkeyflower as an endangered species under the Endangered Species Act. If we finalize this rule as proposed, it would extend the Endangered Species Act's protections to this plant. The effect of this regulation will be to add Vandenberg monkeyflower to the List of Endangered and Threatened Plants under the Endangered Species Act.
Mixed Straddles; Straddle-by-Straddle Identification Under Section 1092(b)(2)(A)(i)(I); Correction
Document Number: 2013-25361
Type: Rule
Date: 2013-10-29
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains amendments to temporary regulations relating to guidance for taxpayers electing to establish a mixed straddle using straddle-by-straddle identification. These amendments include a change to the applicability date of the temporary regulations pursuant to which the temporary regulations apply to transactions established after the date of publication of the Treasury decision adopting these rules as final regulations in the Federal Register. The amendments to the temporary regulations will affect taxpayers who elect to establish a mixed straddle using straddle-by-straddle identification.
Mixed Straddles; Straddle-by-Straddle Identification Under Section 1092(b)(2)(A)(i)(I); Correction
Document Number: 2013-25360
Type: Proposed Rule
Date: 2013-10-29
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains amendments to proposed regulations relating to guidance for taxpayers electing to establish a mixed straddle using straddle-by-straddle identification. These amendments include a change to the applicability date of the proposed regulations pursuant to which the proposed regulations would apply to transactions established after the date of publication of the Treasury decision adopting these rules as final regulations in the Federal Register. The amendments to the proposed regulations will affect taxpayers who elect to establish a mixed straddle using straddle-by-straddle identification.
Airworthiness Directives; Lycoming Engines and Continental Motors, Inc. Reciprocating Engines
Document Number: 2013-25342
Type: Rule
Date: 2013-10-29
Agency: Federal Aviation Administration, Department of Transportation
We are superseding airworthiness directive (AD) 2012-24-09 for Lycoming Engines TIO-540-AK1A, and Continental Motors, Inc. (CMI) TSIO- 360-MB, TSIO-360-SB, and TSIO-360-RB reciprocating engines, with certain Hartzell Engine Technologies (HET) turbochargers, model TA0411, installed. AD 2012-24-09 required removing certain HET turbochargers from service before further flight. This AD also requires removing certain HET turbochargers from service before further flight. This AD was prompted by a report that an additional engine, the CMI LTSIO-360- RB, has the affected HET turbochargers installed. We are issuing this AD to prevent turbocharger turbine wheel failure, reduction or complete loss of engine power, loss of engine oil, oil fire, and damage to the airplane.
NASA FAR Supplement: Proposal Adequacy Checklist
Document Number: 2013-25287
Type: Proposed Rule
Date: 2013-10-29
Agency: National Aeronautics and Space Administration, Agencies and Commissions
NASA is proposing to amend the NASA FAR Supplement (NFS) to incorporate a proposal adequacy checklist for proposals in response to solicitations that require the submission of certified cost or pricing data.
Next Generation 911; Text-to-911; Next Generation 911 Applications
Document Number: 2013-25274
Type: Rule
Date: 2013-10-29
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) amends the text-to-911 ``bounce-back'' requirement as it applies to Commercial Mobile Radio Service (CMRS) providers when consumers are roaming. In the May 2013 Bounce-Back Order, FCC 13-64, the Commission required all CMRS providers and providers of interconnected text messaging services to provide an automatic ``bounce-back'' text message in situations where a consumer attempts to send a text message to 911 in a location where text-to-911 is not available. This document amends the rule to specify that when a consumer attempts to send a text to 911 while roaming on a CMRS network, the CMRS provider offering roaming service (host provider) satisfies its bounce-back obligation provided that it does not impede the consumer's text to the consumer's home network provider (home provider) or impede any bounce-back message generated by the home provider back to the consumer.
Approval and Promulgation of Implementation Plans; California; South Coast; Contingency Measures for 1997 PM2.5
Document Number: 2013-25182
Type: Rule
Date: 2013-10-29
Agency: Environmental Protection Agency
EPA is approving a State implementation plan (SIP) revision submitted by California to address Clean Air Act (CAA) contingency measure requirements for the 1997 annual and 24-hour national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5) in the Los Angeles-South Coast Air Basin (South Coast). Approval of this SIP revision terminates the sanctions clocks and a federal implementation plan (FIP) clock that were triggered by EPA's partial disapproval of a related SIP submission on November 5, 2011.
Watermelon Research and Promotion Plan; Importer Membership Requirements and Referendum Order
Document Number: 2013-25155
Type: Proposed Rule
Date: 2013-10-29
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would amend the Watermelon Research and Promotion Plan (Plan) importer membership requirements to serve on the National Watermelon Promotion Board (Board). The Board recommended eliminating the requirement that an importer import more than 50 percent of the total volume handled and imported in order to qualify as an importer member. This change would allow for additional parties to qualify as an importer member. This proposed rule also announces that the U.S. Department of Agriculture (USDA or Department) will conduct a referendum among eligible producers, handlers, and importers of watermelons to determine whether they favor the amendment to the Plan.
Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Food for Animals
Document Number: 2013-25126
Type: Proposed Rule
Date: 2013-10-29
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is proposing regulations for domestic and foreign facilities that are required to register under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) to establish requirements for current good manufacturing practice in manufacturing, processing, packing, and holding of animal food. FDA also is proposing regulations to require that certain facilities establish and implement hazard analysis and risk-based preventive controls for food for animals. FDA is taking this action to provide greater assurance that animal food is safe and will not cause illness or injury to animals or humans and is intended to build an animal food safety system for the future that makes modern, science and risk-based preventive controls the norm across all sectors of the animal food system.
Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Food for Animals; Public Meeting on Proposed Rule
Document Number: 2013-25125
Type: Proposed Rule
Date: 2013-10-29
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or we) is announcing three public meetings to discuss the proposed rule to establish requirements for current good manufacturing practice and hazard analysis and risk-based preventive controls for animal food. This proposed rule is one of several proposed rules that will establish the foundation of, and central framework for, the modern food safety system envisioned by Congress in the FDA Food Safety Modernization Act (FSMA). The purpose of the public meetings is to inform the public of the provisions of the proposed rule and the rulemaking process (including how to submit comments, data, and other information to the rulemaking docket) as well as solicit oral stakeholder and public comments on the proposed rule and to respond to questions about the proposed rule.
Draft Qualitative Risk Assessment of Risk of Activity/Animal Food Combinations for Activities (Outside the Farm Definition) Conducted in a Facility Co-Located on a Farm; Availability
Document Number: 2013-25124
Type: Proposed Rule
Date: 2013-10-29
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing the availability of, and requesting comment on, a document entitled ``Draft Qualitative Risk Assessment of Risk of Activity/Animal Food Combinations for Activities (Outside the Farm Definition) Conducted in a Facility Co-Located on a Farm'' (the draft RA). The purpose of the draft RA is to provide a science-based risk analysis of those activity/ animal food combinations that would be considered low risk. FDA conducted this draft RA to satisfy requirements of the FDA Food Safety Modernization Act (FSMA) to conduct a science-based risk analysis and to consider the results of that analysis in rulemaking that is required by FSMA.
Endangered and Threatened Wildlife and Plants; Listing Five Foreign Bird Species in Colombia and Ecuador, South America, as Endangered Throughout Their Range
Document Number: 2013-25070
Type: Rule
Date: 2013-10-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), hereby list four Colombian species, the blue-billed curassow (Crax alberti), brown- banded antpitta (Grallaria milleri), Cauca guan (Penelope perspicax), and gorgeted wood-quail (Odontophorus strophium), and one Ecuadorian species, the Esmeraldas woodstar (Chaetocercus berlepschi), as endangered under the Endangered Species Act of 1973 (Act) (16 U.S.C. 1531 et seq.), as amended. This final rule implements the Federal protections provided by the Act for these species.
Endangered and Threatened Wildlife and Plants; Determination of Endangered Species Status for 15 Species on Hawaii Island
Document Number: 2013-24103
Type: Rule
Date: 2013-10-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for 15 species on the island of Hawaii. In addition, we are recognizing a taxonomic change for one Hawaiian plant currently listed as an endangered species and revising the List of Endangered and Threatened Plants accordingly. The effect of this regulation is to conserve these species under the Act.
Medicare Program: Conditions of Participation (CoPs) for Community Mental Health Centers
Document Number: 2013-24056
Type: Rule
Date: 2013-10-29
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule establishes, for the first time, conditions of participation (CoPs) that community mental health centers (CMHCs) must meet in order to participate in the Medicare program. These CoPs focus on the care provided to the client, establish requirements for staff and provider operations, and encourage clients to participate in their care plan and treatment. The new CoPs enable CMS to survey CMHCs for compliance with health and safety requirements.
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