November 19, 2013 – Federal Register Recent Federal Regulation Documents
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Endangered and Threatened Species; Protective Regulations for the Gulf of Maine Distinct Population Segment of Atlantic Sturgeon
We, NMFS, are issuing an interim final regulation to conserve the Gulf of Maine Distinct Population Segment (DPS) of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus). On February 6, 2012, we listed the Gulf of Maine DPS of Atlantic sturgeon as threatened under the Endangered Species Act (ESA). When a species is listed as threatened under the ESA, we are required to issue protective regulations under section 4(d) of the ESA. Such protective regulations are ones deemed ``necessary and advisable for the conservation of the species'' and may include any act prohibited for endangered species under section 9(a)(1) of the ESA. This regulation extends the prohibitions listed in section 9 of the ESA to Gulf of Maine DPS Atlantic sturgeon. The prohibitions set forth in this rule are considered necessary and advisable for the conservation of this species. Given that the changes made to this rule are based on the new information that was not submitted as public comment on the proposed rule, we are publishing this rule as an interim final rule and are soliciting additional public comment. This document also announces the availability of a final Environmental Assessment that analyzes the environmental impacts of promulgating this interim final regulation.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the El Toro Marine Corps Air Station Superfund Site
The Environmental Protection Agency (EPA) Region IX is publishing a direct final Notice of Deletion of portions of the El Toro Marine Corp Air Station Superfund Site (Site), located in Irvine, California, 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). This direct final partial deletion is being published by EPA with the concurrence of the State of California through the Department of Toxic Substances Control (DTSC), because EPA has determined that all appropriate response actions at these identified parcels under CERCLA have been completed. However, this partial deletion does not preclude future actions under Superfund. This partial deletion pertains to all Site media, including soil and groundwater, of parcels I-A, II-A, III-A, II-J, II-Q, II-S, II-T, III-C, I-C, II-U, I-B, I-E, I-G, I-H, I-I, I-J, I-L, I-M, I-P, II-G, II-I, II-P, III-D, I-K, I-N, I-O, I-S, II-E, II-L, II-M, II-R, I-Q, I- R, II-B, II-K, and II-O of the Site. The current remaining areas of the Site will remain on the NPL and are not being considered for deletion as part of this action.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the El Toro Marine Corp Air Station Superfund Site
The Environmental Protection Agency (EPA) Region IX is issuing a Notice of Intent to Delete portions of the El Toro Marine Corp Air Station Superfund Site (Site) located in Irvine, California, from the National Priorities List (NPL) and requests public comments on this proposed action. 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 California, through the California Department of Toxic Substances Control, have determined that all appropriate response actions at these identified parcels under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund. This partial deletion pertains to all Site media, including soil and groundwater, of parcels I-A, II-A, III-A, II-J, II-Q, II-S, II-T, III-C, I-C, II-U, I-B, I-E, I-G, I-H, I-I, I-J, I-L, I-M, I-P, II-G, II-I, II-P, III-D, I-K, I-N, I-O, I-S, II-E, II-L, II-M, II-R, I-Q, I- R, II-B, II-K, and II-O. The remaining areas of the Site will remain on the NPL and are not being considered for deletion as part of this action. Maps identifying the area to be deleted and the area of the Site to remain on the NPL are available for review in the partial deletion docket.
Import Administration; Change of Agency Name
Effective October 1, 2013, the Department of Commerce (Department), through internal department organizational orders, changed the name of ``Import Administration'' to ``Enforcement and Compliance.'' Consistent with this action, this rule makes appropriate conforming changes in part 400 of title 15 of the Code of Federal Regulations. The rule also sets forth a Savings Provision that preserves, under the new name, all actions taken under the name of Import Administration and provides that any references to Import Administration in any document or other communication shall be deemed to be references to Enforcement and Compliance.
Title I-Improving the Academic Achievement of the Disadvantaged
On August 23, 2013, we published in the Federal Register (78 FR 52467) a notice of proposed rulemaking regarding modified academic achievement standards and alternate assessments based on those modified academic achievement standards. This notice established an October 7, 2013, deadline for the submission of written comments. We are reopening the public comment period for seven days.
Importation of Fresh Beans, Shelled or in Pods, From Jordan Into the Continental United States
We are amending the fruits and vegetables regulations to allow the importation of commercial shipments of fresh beans, shelled or in pods (French, green, snap, and string), from Jordan into the continental United States. As a condition of entry, the beans must be produced in accordance with a systems approach that includes requirements for packing, washing, and processing. The beans must also be accompanied by a phytosanitary certificate attesting that all phytosanitary requirements have been met and that the consignment was inspected and found free of quarantine pests. This action allows for the importation of fresh beans, shelled or in pods, from Jordan into the continental United States while continuing to provide protection against the introduction of plant pests.
Airworthiness Directives; DORNIER LUFTFAHRT GmbH Airplanes
We propose to adopt a new airworthiness directive (AD) for all DORNIER LUFTFAHRT GmbH Model 228-212 airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as main landing gear axle failure caused by initial fatigue cracking and small pre-damage by corrosion. We are issuing this proposed AD to require actions to address the unsafe condition on these products.
Airworthiness Directives; Rockwell Collins, Inc. Transponders
We propose to adopt a new airworthiness directive (AD) for certain Rockwell Collins TPR-720 and TPR-900 Mode select (S) transponders that are installed on airplanes. This proposed AD was prompted by the identification that the TPR-720 and TPR-900 Mode S transponders respond intermittently to Mode S interrogations from both ground-based and traffic collision avoidance system (TCAS-) equipped airplanes. This proposed AD would require testing and calibration of the alignment of the transponders. We are proposing this AD to correct the unsafe condition on these products.
Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG (Formerly Rolls-Royce Deutschland GmbH, Formerly BMW Rolls-Royce GmbH) Turbofan Engines
We propose to supersede existing airworthiness directive (AD) 2012-26-14 that applies to all Rolls-Royce Deutschland Ltd & Co KG (RRD) BR700-715A1-30, BR700-715B1-30, and BR700-715C1-30 turbofan engines. AD 2012-26-14 currently requires removal from service of the high-pressure (HP) compressor stages 1 to 6 rotor disc assembly before exceeding certain thresholds. Since we issued AD 2012-26-14, RRD developed a new silver-free nut that, if installed with a new HP compressor stages 1 to 6 disc assembly, would correct the unsafe condition identified in AD 2012-26-14. Therefore, we propose to supersede AD 2012-26-14 to restrict the applicability to engines exposed to silver plated nuts. Additionally, we are removing the terminating action statement from AD 2012-26-14 based on a comment received. This proposed AD would require removal from service of certain HP compressor stages 1 to 6 rotor disc assemblies before exceeding certain thresholds. We are proposing this AD to prevent failure of the HP compressor stages 1 to 6 rotor disc assembly, which could lead to an uncontained engine failure and damage to the airplane.
TWIC Not Evidence of Resident Alien Status
The Coast Guard issues this final rule to remove from its regulations on Outer Continental Shelf (OCS) activities a reference to the Transportation Worker Identification Credential (TWIC) and a related TWIC definition and recordkeeping reference because they are inconsistent with a requirement in the Outer Continental Shelf Lands Act. These regulations deal with the employment of personnel on the OCS to U.S. citizens or resident aliens. The TWIC reference incorrectly provides that a TWIC alone may be accepted by an employer as sufficient evidence of the TWIC holder's status as a U.S. resident alien, as that term is defined. This rule clarifies the regulations.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Ohio SO2
On June 24, 2011, Ohio Environmental Protection Agency submitted for Clean Air Act State Implementation Plan (SIP) approval, revisions to Ohio Administrative Code (OAC) rules: 3745-18-01, 3745-18- 03 to 3745-18-52, 3745-18-54 to 3745-18-77, 3745-18-79, 3745-18-81 to 3745-18-89, and 3745-18-91 to 3745-18-94. The rule revisions primarily update facility information and remove SO2 requirements for shutdown facilities throughout the SIP. EPA believes that the revisions improve the clarity of the rule without affecting the stringency and therefore is proposing to approve all of the submitted revisions except for specific paragraphs in OAC 3745-18-04.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Ohio SO2
On June 24, 2011, Ohio Environmental Protection Agency (Ohio EPA) submitted for Clean Air Act (CAA) State Implementation Plan (SIP) approval, revisions to Ohio Administrative Code (OAC) rules: 3745-18- 01, 3745-18-03 to 3745-18-52, 3745-18-54 to 3745-18-77, 3745-18-79, 3745-18-81 to 3745-18-89, and 3745-18-91 to 3745-18-94. The rule revisions primarily update facility information and remove SO2 requirements for shutdown facilities throughout the SIP. EPA believes that the revisions improve the clarity of the rule without affecting the stringency and therefore is approving all of the submitted revisions except for specific paragraphs in OAC 3745-18-04.
Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana-Air Quality, Subchapter 7, Subchapter 16 and Subchapter 17
EPA is taking final action to approve new rules as submitted by the State of Montana on September 23, 2011. Montana adopted these rules on December 2, 2005 and March 23, 2006. These new rules meet the requirements of the Clean Air Act (CAA) and EPA's minor new source review (NSR) regulations. In this action, EPA is approving these rules as they are consistent with the CAA. This action is being taken under section 110 of the CAA.
Flightcrew Member Duty and Rest Requirements; Technical Correction
The FAA is correcting the final flightcrew member duty and rest rule published on January 4, 2012. In that rule, the FAA amended its existing flight, duty and rest regulations applicable to certificate holders and their flightcrew members operating certain domestic, flag, and supplemental operations. This document corrects several issues requiring a technical correction in the codified text of the final flightcrew member duty and rest rule.
Revised Medical Criteria for Evaluating Hematological Disorders
We propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving hematological disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect advances in medical knowledge, our adjudicative experience, and information we received from medical experts and the public.
Privacy Act; Implementation
National Geospatial-Intelligence Agency (NGA) is updating the NGA Privacy Act Program by adding the (k)(2) exemption to accurately describe the basis for exempting the records in the system of records notice NGA-003, National Geospatial-Intelligence Agency Enterprise Workforce System. In this rulemaking, the NGA proposes to exempt portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil and administrative enforcement requirements. This direct final rule makes non-substantive changes to the NGA Program rules. These changes will allow the Department to add exemption rules to the NGA Privacy Program rules that will exempt applicable Department records and/or material from certain portions of the Privacy Act. This will improve the efficiency and effectiveness of DoD's program by ensuring the integrity of the security and counterintelligence records by the NGA and the Department of Defense. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary.
Privacy Act; Implementation
National Geospatial-Intelligence Agency (NGA) is updating the NGA Privacy Act Program by adding the (k)(2) exemption to accurately describe the basis for exempting the records in the system of records notice NGA-008, National Geospatial-Intelligence Agency Polygraph Records System. In this rulemaking, the NGA proposes to exempt portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil and administrative enforcement requirements. This direct final rule makes non-substantive changes to the NGA Program rules. These changes will allow the Department to add exemption rules to the NGA Privacy Program rules that will exempt applicable Department records and/or material from certain portions of the Privacy Act. This will improve the efficiency and effectiveness of DoD's program by ensuring the integrity of the security and counterintelligence records by the NGA and the Department of Defense. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary.
Development of Inward Leakage Standards for Half-Mask Air-Purifying Particulate Respirators
On September 17, 2013, the National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) located within the Department of Health and Human Services (HHS) held 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 was 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 were included in the meeting notice published in the Federal Register on September 4, 2013. Written comments were to be received by October 18, 2013. HHS/CDC received a request from a stakeholder for additional time to comment on this notice. In consideration of this request HHS/CDC is reopening the public comment period through December 31, 2013.
Modification of Regulations Regarding Time Limits for Submission of Information Pertaining to Requests for Sampling in Antidumping Duty Administrative Reviews
The Department of Commerce (the Department) proposes to modify its regulations to establish time limits for the submission of requests for sampling, and comments on sampling in antidumping (AD) administrative reviews. The modifications to the time limits, if adopted, will more clearly prescribe the time for filing requests for sampling in AD administrative reviews, and the time for filing comments and rebuttal comments with respect to such requests. The modifications will provide sufficient opportunity for the Department to determine whether it will employ sampling in selecting respondents for individual examination when conducting administrative reviews in which a request for sampling is timely submitted.
Greenhouse Gas Reporting Program: Amendments and Confidentiality Determinations for Fluorinated Gas Production
The EPA is proposing to amend certain provisions of the Fluorinated Gas Production source category of the Greenhouse Gas Reporting Rule. The proposed changes would reduce the level of detail in which emissions were reported, establish a new set of default global warming potentials, eliminate the mass-balance emission calculation method, and clarify the emission factor method. We are also proposing confidentiality determinations for the new and substantially revised reporting requirements of the Fluorinated Gas Production source category.
Facility Security Clearance and Safeguarding of National Security Information and Restricted Data
The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of October 21, 2013, for the direct final rule that was published in the Federal Register on August 7, 2013. This direct final rule updated the NRC's regulations to standardize the frequency of required security education training for employees of NRC licensees possessing security clearances so that such training will be conducted annually consistent with the objectives of Executive Order 13526, Classified National Security Information. In addition, this direct final rule allowed licensees flexibility in determining the means and methods for providing this training, established uniformity in the frequency of licensee security education and training programs, and enhanced the protection of classified information.
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