October 2013 – Federal Register Recent Federal Regulation Documents

These special conditions are issued for the Embraer S.A. Model EMB-550 airplane. This airplane will have a novel or unusual design feature associated with the architecture and connectivity capabilities of the airplanes' computer systems and networks, which may allow access to or by external computer systems and networks. Connectivity to, or access by, external systems and networks may result in security vulnerabilities to the airplanes' systems. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These 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.

This action amends the Minneapolis, MN, Class B airspace area to contain large turbine-powered aircraft conducting published instrument procedures at the Minneapolis-St. Paul International Airport (MSP), MN, within Class B airspace. The FAA is taking this action to ensure containment of aircraft being vectored to and conducting dual Simultaneous Instrument Landing System (SILS) approaches to parallel Runways 12L/R and 30L/R; aircraft being vectored to and conducting approaches to Runway 35; and, aircraft being re-sequenced from approaches to Runway 35 to approaches to Runway 30L. This action supports the FAA's national airspace redesign goal of optimizing terminal and en route airspace areas to enhance safety, improving the flow of air traffic, and reducing the potential for near midair collision in terminal airspace areas.

This action amends the Kwajalein Island Class D airspace description by amending the geographic coordinates for Bucholz Army Airfield (AAF), Kwajalein Island, Marshall Islands, RMI. The Bucholz AAF geographic coordinates information was updated in the Kwajalein Island Class E airspace descriptions in 2011, but was inadvertently overlooked in the Kwajalein Island Class D airspace description. This action ensures the safety of aircraft operating in the Kwajalein Island airspace area. This is an administrative action and does not affect the operating requirements of the airspace.

We are adopting a new airworthiness directive (AD) for Agusta Model A109A, A109A II, A109C, A109E, A109K2, A109S, AW109SP, A119, and AW119 MKII helicopters. The emergency AD was sent previously to all known U.S. owners and operators of these helicopters. This AD requires, before further flight, inspecting certain Thomas coupling nuts on the tail rotor drive shaft line for a crack and replacing all the nuts if any nut is cracked. Also this AD requires replacing all affected Thomas coupling nuts within 10 hours time-in-service (TIS) or 30 days, whichever occurs first. This AD was prompted by two incidents of cracking on the nuts that connect the flexible disc coupling (Thomas coupling) with the splined adapter on the tail rotor drive shaft. We are issuing this AD to correct the unsafe condition on these helicopters.

The U.S. Nuclear Regulatory Commission (NRC) is making available a regulatory basis document to support the potential amendment of its regulations concerning nuclear power plant licensees' onsite emergency response capabilities. The NRC is not seeking public comments on this document. The issuance of this regulatory basis document is one of the actions stemming from the NRC's lessons-learned efforts associated with the March 2011 Fukushima Dai-ichi Nuclear Power Plant accident in Japan.

EPA is approving, through direct final rulemaking, revisions to the State of Iowa's State Implementation Plan (SIP), Title V program, and Clean Air Act (CAA) section 111(d) plan. The purpose of these revisions is to make general updates to existing state air quality rules, approve an exemption from constructing permitting for engines used in periodic pipeline testing, approve changes to state rules regarding regional haze requirements, and to approve adoption of Federal regulations including the National Ambient Air Quality Standards (NAAQS) for 2008 Ozone, 2008 Lead, and 2010 Nitrogen Dioxide. EPA is approving the SIP provisions pursuant to section 110 of the CAA. EPA is also taking direct final action to approve a Hospital Medical Infectious Waste Incinerators (HMIWI) section 111(d) negative declaration from the State of Iowa which certifies that HMIWIs, subject to the requirements of sections 111(d) and 129 of the CAA, do not exist in the State; and approving the rescission of its section 111(d)/129 plan and emission guidelines for HMIWI units. EPA is approving these actions pursuant to section 111 of the CAA. EPA is also approving two minor administrative changes to the Title V program, pursuant to section 500 of the CAA.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-8F and 747-8 series airplanes. This AD requires a detailed inspection of the power control actuator (PCA) installation to determine if a bushing is installed, a general visual inspection between the horizontal stabilizer rear spar and the elevator front spar and between certain stabilizer stations for defects and damage, and corrective actions if necessary. This AD was prompted by a report of unusual noise coming from the left inboard elevator during a functional check of the ram air turbine system, and a determination that a bushing was not installed. We are issuing this AD to detect and correct non-installation of bushings. If the bushings are not present, the stiffness of the load path will be decreased, which will cause wear of adjacent parts and increased freeplay of the elevator surfaces. Freeplay that exceeds acceptable limits could result in divergent flutter for certain maneuvers, which could lead to loss of controllability of the airplane.

On January 19, 2012, the U.S. Department of Energy (DOE) issued a notice of proposed rulemaking (NOPR) to establish a new test procedure for television sets (TVs). Based on comments received in response to the January 2012 NOPR, DOE performed additional testing and proposed amendments to the TV test procedure in its March 12, 2013 supplemental notice of proposed rulemaking (SNOPR). Following the March 2013 SNOPR, DOE issues this final rule to establish a new test procedure for TVs and respond to any subsequent comments from the March 2013 SNOPR. This rule resolves issues with the October 1979 TV test procedure, repealed by DOE on October 20, 2009, by allowing for accurate measurement of the energy consumption of modern TVs.

The NTSB amends the comment deadline for a Notice of Proposed Rulemaking (NPRM) published on September 19, 2013. The proposed change in the NPRM would require the Federal Aviation Administration (FAA) to provide releasable portions of the enforcement investigative report (EIR) to each respondent in emergency cases.

The Farm Credit Administration (FCA), as part of its annual public notification process, is publishing for notice an index of the 18 Board policy statements currently in existence. Most of the policy statements remain unchanged since our last Federal Register notice on October 25, 2012 (77 FR 65098), except for one with minor updates on Equal Employment Opportunity and Diversity.

The Farm Credit Administration (FCA) repealed its regulations that govern the registration of residential mortgage loan originators employed by Farm Credit System (FCS or System) institutions. We repealed these regulations because the Bureau of Consumer Financial Protection (CFPB), pursuant to its authority under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), is consolidating and recodifying the regulations that six Federal agencies jointly enacted to implement the Secure and Fair Enforcement for Mortgage Licensing Act (S.A.F.E. Act), which require residential mortgage loan originators at banks, savings associations, credit unions, FCS institutions, and their subsidiaries to register with the National Mortgage Licensing System and Registry (NMLSR or Registry) and obtain a unique identifier. Repealing these regulations avoids duplication, which is likely to cause confusion at FCS institutions. The FCA received no comments on the interim rule, and we now adopt it as final. In accordance with the law, the effective date of the rule is 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session.

We are adopting as a final rule, without change, an interim rule that amended the regulations to add areas in Wisconsin to the list of generally infested areas based on the detection of infestations of gypsy moth in those areas. The interim rule was necessary to prevent the artificial spread of the gypsy moth to noninfested areas of the United States.

We are amending the regulations to allow, under certain conditions, the cold treatment of imported fruits and vegetables upon arrival at the MidAmerica St. Louis Airport, Mascoutah, IL. We have determined that there are biological barriers at this port that, along with certain safeguards, would prevent the introduction of fruit flies and other insect pests into the United States in the unlikely event that they escape from shipments of fruits or vegetables before the fruits or vegetables undergo cold treatment. This action will facilitate the importation of fruit requiring cold treatment while continuing to provide protection against the introduction of fruit flies and other insect pests into the United States.

Effective 1200 hr, October 24, 2013, federally permitted vessels may not fish for, catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of Atlantic herring (herring) per trip or calendar day in or from Management Area 3 until January 1, 2014, when the 2014 allocation for Area 3 becomes available. This action is required because NMFS projects that 92 percent of the catch limit for that area was caught as of October 18, 2013. Vessels that have entered port before 1200 hr, October 24, 2013, may possess, offload, and sell more than 2,000 lb of herring from Area 3, from that trip. Also effective 1200 hr, October 24, 2013, federally permitted dealers may not receive more than 2,000 lb (907.2 kg) of herring caught within Management Area 3 per trip or calendar day, unless it is from a trip landed by a vessel that entered port before 1200 hr, October 24, 2013.

We propose to adopt a new airworthiness directive (AD) for Eurocopter France Model AS332C, AS332L, AS332L1, AS332L2, EC225LP, and SA330J helicopters with a certain tail rotor control turnbuckle (turnbuckle) installed. This proposed AD would require inspecting the turnbuckles for corrosion or a crack, and depending on the results, either replacing the turnbuckle or treating the turnbuckle for corrosion. This proposed AD is prompted by a report that a turnbuckle had failed because of corrosion. The proposed actions are intended to detect corrosion or a crack on a turnbuckle and prevent the failure of a turnbuckle, loss of control of the tail rotor and subsequent loss of control of the helicopter.

In October 2013, the Postal Service filed a notice of mailing services price adjustments with the Postal Regulatory Commission (PRC), effective on January 26, 2014. The Postal Service proposes to revise various sections of Mailing Standards of the United States Postal Service, International Mail Manual (IMM[supreg]) to reflect these new price changes.

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Transnuclear, Inc. Standardized NUHOMS[supreg] Cask System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 11 to Certificate of Compliance (CoC) No. 1004. Amendment No. 11 revises authorized contents to include: adding a new transfer cask, the OS197L, for use with the 32PT and 61BT dry shielded canisters; and converting the CoC No. 1004 Technical Specifications (TS) to the format in NUREG- 1745, ``Standard Format and Content for Technical Specifications for 10 CFR [Title 10 of the Code of Federal Regulations] Part 72 Cask Certificates of Compliance.'' In addition, the amendment makes several other changes as described under the ``Discussion of Changes'' heading in the SUPPLEMENTARY INFORMATION section of the direct final rule published in the Rules and Regulations section of this issue of the Federal Register.

EPA is taking direct final action to approve certain revisions to the Rhode Island State Implementation Plan (SIP) primarily relating to regulation of Greenhouse Gases (GHGs) under Rhode Island's Prevention of Significant Deterioration (PSD) preconstruction permitting program. EPA is also taking direct final action to approve the State's definition of ``PM2.5'' (fine particulate matter) specific to permitting. Certain of the State's revisions consist of definitions that also relate more broadly to the State's PSD and nonattainment new source review (NSR) preconstruction permitting requirements, i.e., to stationary sources that also emit regulated new source review pollutants other than GHGs. EPA is also taking direct final action to conditionally approve those definitions as they relate to the non-GHG pollutants, for the reasons described in more detail later in this notice. All of the revisions in question were submitted by Rhode Island, through the Rhode Island Department of Environmental Management (RI DEM) Office of Air Resources, on January 18, 2011. They are primarily intended to align Rhode Island's regulations with EPA's ``Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule.'' Finally, EPA is not taking action on certain other SIP revisions contained in RI DEM's January 18, 2011 submittal.

We, the National Marine Fisheries Service (NMFS), propose a rule to designate and authorize the release of a nonessential experimental population (NEP) of Upper Columbia River spring-run (UCR) Chinook salmon (Oncorhynchus tshawytscha) under section 10(j) of the Endangered Species Act (ESA) in the Okanogan River subbasin, and to establish a limited set of take prohibitions for the NEP. Under the proposed rule, the geographic boundary for the NEP would be the mainstem and all tributaries of the Okanogan River between the Canada- United States border and to the confluence of the Okanogan River with the Columbia River, Washington (hereafter ``Okanogan River NEP Area''). We have prepared a draft environmental assessment (EA) on this proposed action. We seek comment on both this proposed rule and the EA (see ADDRESSES section below).

Under the Clean Air Act (CAA), EPA is approving requests by Ohio to revise the 1997 8-hour ozone maintenance air quality state implementation plan (SIP) for the Dayton-Springfield area, the Toledo area, and the Ohio portions of the Parkersburg-Marietta and Steubenville-Weirton, West Virginia-Ohio areas, to replace onroad emissions inventories and motor vehicle emissions budgets (budgets) with inventories and budgets developed using EPA's Motor Vehicle Emissions Simulator (MOVES) emissions model. The Dayton-Springfield area consists of Clark, Greene, Miami, and Montgomery Counties. The Ohio portion of the Steubenville-Weirton, West Virginia-Ohio area consists of Jefferson County, Ohio. The Toledo area consists of Lucas and Wood Counties. The Ohio portion of the Parkersburg-Marietta, West Virginia-Ohio area consists of Washington County. Ohio submitted the SIP revision requests on the following dates: Dayton-Springfield on February 11, 2013; Steubenville-Weirton on March 15, 2013; Toledo on April 18, 2013; Parkersburg-Marietta on April 26, 2013.

The EPA is taking final action to approve a revision to the Idaho State Implementation Plan (SIP) submitted by the State of Idaho on September 16, 2013, for approval into the Idaho SIP for purposes of meeting the state board requirements of the Clean Air Act (CAA). The EPA is also approving the September 16, 2013, revision as meeting the corresponding state board infrastructure requirements of the CAA for the 1997 ozone National Ambient Air Quality Standards (NAAQS). On August 1, 2013, the EPA proposed to approve the July 16, 2013, draft of this revision submitted for parallel processing. Because the final SIP revision submitted by Idaho to the EPA on September 16, 2013 is consistent with the July 16, 2013, submittal, the Idaho SIP will, upon the effective date of this final approval, contain the required provisions regarding board composition and disclosure of potential conflicts of interest. The EPA is taking final action to approve this revision because it satisfies the requirements of the Clean Air Act (CAA).

The U.S. Department of Energy (DOE) proposes to revise its test procedures for direct heating equipment and pool heaters established under the Energy Policy and Conservation Act. This rulemaking will fulfill DOE's statutory obligation to review its test procedures for covered products at least once every seven years. For direct heating equipment, the proposed amendments would add provisions for testing vented home heating equipment that utilizes condensing technology, and to incorporate by reference six industry test standards to replace the outdated test standards which are referred to in the existing DOE test procedure. These industry standards reflect the current practice in test set-up and test conditions for testing direct heating equipment. For pool heaters, the proposed amendments would incorporate by reference ANSI/Air-conditioning, Heating, and Refrigeration Institute (AHRI) Standard 1160-2009, ``Performance Rating of Heat Pump Pool Heaters,'' and ANSI/American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE) Standard 146- 2011, ``Method of Testing and Rating Pool Heaters,'' to establish a test method for electric pool heaters (including heat pump pool heaters). The proposed amendments would also clarify the test procedure's applicability to oil-fired pool heaters. DOE is also announcing a public meeting to discuss and receive comments on issues presented in this test procedure rulemaking.

We, the U.S. Fish and Wildlife Service, propose to list the Dakota skipper as a threatened species and the Poweshiek skipperling as an endangered species under the Endangered Species Act of 1973, as amended. If we finalize this rule as proposed, it would extend the Act's protections to the Dakota skipper and the Poweshiek skipperling. The effect of this regulation is to add the Dakota skipper and the Poweshiek skipperling to the List of Endangered and Threatened Wildlife. We also propose a special rule under section 4(d) of the Act that outlines the prohibitions necessary and advisable for the conservation of the Dakota skipper, if it is listed as a threatened species.

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.

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.