November 2013 – Federal Register Recent Federal Regulation Documents

In this document, the Commission adopted a Notice of Proposed Rulemaking (NPRM), seeking comment on a number of procedures designed to revitalize the AM broadcast radio service, and to ease regulatory burdens on existing AM broadcasters. The Commission also solicits further comments and suggestions designed to foster the revitalization of the AM broadcast radio service.

The EPA is announcing a public hearing to be held for the proposed rule 2014 Standards for the Renewable Fuel Standard Program, which EPA will publish separately in the Federal Register. The hearing will be held in Washington, DC on December 5, 2013. In the separate notice of proposed rulemaking EPA has proposed amendments to the renewable fuel standard program regulations to establish annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and renewable fuels that would apply to all gasoline and diesel produced in the U.S. or imported in the year 2014. In addition, the separate proposal includes a proposed biomass-based diesel applicable volume for 2015.

The Food and Drug Administration (FDA) is extending the comment period for the notice of proposed rulemaking that appeared in the Federal Register of January 16, 2013 (78 FR 3504), entitled ``Standards for the Growing, Harvesting, Packing and Holding of Produce for Human Consumption'' and for its information collection provisions.

NMFS is reallocating the projected unused amounts of the 2013 halibut and crab prohibited species catch (PSC) allowances from the Bering Sea and Aleutian Islands trawl (BSAI) limited access sector to the Amendment 80 cooperatives in the BSAI management area. This action is necessary to allow the Amendment 80 cooperatives to fully harvest their 2013 groundfish allocations.

The Food and Drug Administration (FDA or we) published a final rule in the Federal Register on November 30, 2010, amending certain regulations to include tobacco products, where appropriate, in light of FDA's authority to regulate these products under the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act). The final rule inadvertently deleted an authority citation and language related to the definition of ``package.'' We are restoring the inadvertent deletions and making a corresponding technical change.

The Postal Service is amending its Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]), to reflect changes to prices and mailing standards for certain competitive products.

OSHA is proposing to make two main revisions to its Mechanical Power Presses Standard. First, OSHA is proposing to revise a provision that requires employers to develop and maintain certification records of periodic inspections performed on the presses by adding a requirement that they develop and maintain certification records of any maintenance and repairs they perform on the presses during the periodic inspections. Second, OSHA is proposing to remove the requirement from another provision that employers develop and maintain certification records of weekly inspections and tests performed on the presses. This rulemaking is part of the Department of Labor's initiative to reduce paperwork burden; it will remove 613,600 hours of unnecessary paperwork burden for employers, while maintaining employee protection. OSHA is publishing a companion direct final rule elsewhere in this issue of the Federal Register taking this same action.

This final rule rescinds the regulations which provided rules governing employers seeking to hire F-1 foreign students as part-time workers off-campus. These subparts became obsolete after the authorizing statute and its two-year extension expired in 1996. Accordingly, the Department of Labor (the Department) is taking this action to remove regulations that no longer have force and effect.

This regulation establishes tolerances for residues of fenpropathrin in or on multiple commodities which are identified and discussed later in this document. This regulation additionally removes several permanent tolerances as they will be superseded by the tolerances established by this document. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Department of Veterans Affairs (VA) proposes to establish regulations for the Home Improvements and Structural Alterations (HISA) benefits program. Through the HISA benefits program, VA has provided monetary benefits to disabled veterans for necessary home improvements and alterations. An increase in the HISA benefits limit was authorized by the Caregivers and Veterans Omnibus Health Services Act of 2010. The proposed rule would codify regulations to govern the HISA benefits program and incorporate the increase in HISA benefits authorized by the 2010 Act.

The Food and Drug Administration (FDA or we) is extending the comment period for the proposed rule, and for the information collection related to the proposed rule entitled ``Accreditation of Third-Party Auditors/Certification Bodies to Conduct Food Safety Audits and to Issue Certifications'' that appeared in the Federal Register of July 29, 2013. We are taking this action in response to requests for an extension to allow interested persons an opportunity to consider the interrelationship between this proposed rule and the proposed rule announced in October 2013 entitled ``Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Food for Animals.'' We also are taking this action to keep the comment period for the information collection provisions associated with the rule consistent with the comment period for the proposed rule.

We propose to adopt a new airworthiness directive (AD) for Agusta Model A109C, A109E, A109K2, and A119 helicopters. This proposed AD would require recurring visual inspections of the tail rotor (T/R) blade retaining bolts (bolts) for a crack, corrosion, damage, or missing cadmium plating in the central part of the bolt. If a crack is not detected by the initial visual inspection then this proposed AD would require a liquid penetrant inspection. Replacing a cracked or damaged bolt would be required before further flight. This proposed AD is prompted by two reported incidents of cracked bolts. The proposed actions are intended to detect an unairworthy bolt and prevent failure of a bolt, release of a T/R blade, and subsequent loss of control of the helicopter.

Defense Intelligence Agency (DIA) is updating the DIA Privacy Act Program by adding the (k)(2) and (k)(5) exemptions to accurately describe the basis for exempting the records in the system of records notice LDIA 13-0001, Conflict Management Programs. This direct final rule makes non-substantive changes to the Defense Intelligence Agency Program rules. These changes will allow the Department to add exemption rules to the DIA 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 Defense Intelligence Agency 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.