November 2013 – Federal Register Recent Federal Regulation Documents

This action proposes special conditions for the Airbus Model A350-900 series airplanes. This airplane will have a novel or unusual design feature(s) associated with the Electronic Flight Control System that limits pitch and roll attitude functions. 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.

This action amends Class E airspace at Wadena, MN. Additional controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Wadena Municipal Airport. The airport's geographic coordinates are also adjusted. This action enhances the safety and management of Instrument Flight Rule (IFR) operations at the airport.

This action establishes Class E airspace at Ennis, MT, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Ennis-Big Sky Airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.

This action modifies Class E airspace at Cut Bank, MT, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Cut Bank Municipal Airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also adjusts the geographic coordinates of the airport.

This action amends Class E airspace at Carlsbad, NM. Controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Cavern City Air Terminal. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

This action proposes special conditions for Airbus Model A350- 900 series airplanes. These airplanes will have a novel or unusual design feature associated with the new generation of high bypass engines and the potential loads resulting from extreme engine failure conditions. 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.

The Coast Guard is extending the comment period for the advance notice of proposed rulemaking (ANPRM) entitled ``Safety and Environmental Management System Requirements for Vessels on the U.S. Outer Continental Shelf,'' published on September 10, 2013, until January 23, 2014. We are extending the comment period at the request of industry to ensure stakeholders have adequate time to submit complete responses.

On June 18, 2013, EPA published a final rule approving certain infrastructure requirements of the Clean Air Act (CAA) for Tennessee's State Implementation Plan (SIP) for the 2008 Lead national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. Further, in the June 18, 2013, final rule, EPA explained that the Agency was not taking action on the prevention of significant deterioration (PSD) elements of Tennessee's infrastructure SIP, and that action on those infrastructure elements for the 2008 Lead NAAQS would occur in a subsequent action. This action corrects a typographical error in the regulatory language in paragraph (c) of EPA's June 18, 2013, final rule related to the status of EPA's action on these PSD elements for Tennessee's 2008 Lead NAAQS infrastructure SIP.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's Earth Station Aboard Aircraft, Report and Order (Order), which adopted licensing and service rules for Earth Stations Aboard Aircraft (ESAA) communicating with Fixed-Satellite Service geostationary-orbit space stations operating in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-12.2 GHz and 14.0-14.5 GHz frequency bands. This notice is consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date for the new information requirements adopted.

The Department of Transportation is amending its rules implementing the Air Carrier Access Act (ACAA) to require U.S. air carriers and foreign air carriers to make their Web sites that market air transportation to the general public in the United States accessible to individuals with disabilities. In addition, the Department is amending its rule that prohibits unfair and deceptive practices and unfair methods of competition to require ticket agents that are not small businesses to disclose and offer Web-based fares to passengers who indicate that they are unable to use the agents' Web sites due to a disability. DOT is also requiring U.S. and foreign air carriers to ensure that kiosks meet detailed accessibility design standards specified in this rule until a total of at least 25 percent of automated kiosks in each location at the airport meet these standards. In addition, the Department is amending its rule implementing the Rehabilitation Act to require U.S. airport operators meet the same accessibility standards.

By this direct final rule, the Coast Guard is amending the restricted anchorage areas of San Nicolas Island, California. At the request of the United States Navy, the Coast Guard will remove the west area anchorage restriction and decrease the size of the east area anchorage restriction (see figure 1 located in the docket). After these amendments are finalized, the restricted anchorage at San Nicolas Island will accurately reflect the needs and operational use of the United States Navy.

The Coast Guard proposes to establish a temporary safety zone encompassing certain waters of Kent Island Narrows in Queen Anne's County, MD. This action is necessary to provide for the safety of mariners and their vessels on navigable waters during submarine cable replacement operations at the Kent Island Narrows (MD-18B) Bridge. This action is intended to restrict vessel traffic movement to protect mariners from potential safety hazards associated with the bridge project. Entry into this zone would be prohibited unless specifically authorized by the Captain of the Port Baltimore or his designated representative.

EPA is proposing to approve the State of Florida's August 15, 2013, State Implementation Plan (SIP) revision to the State's approved maintenance plans addressing the 1997 8-hour ozone national ambient air quality standards (NAAQS). Specifically, Florida's revision, including updated modeling, shows that the Southeast Florida, Tampa Bay and Jacksonville areas would continue to maintain the 1997 8-hour ozone standard if the currently applicable Federal Reid Vapor Pressure (RVP) standard for gasoline of 7.8 pounds per square inch (psi) was modified to a less stringent standard of 9.0 psi for Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas Counties (hereafter also referred to as ``Maintenance Plan Areas'') during the high-ozone season. Also, based on a request by the State on November 29, 2012, EPA is proposing to remove the existing SIP references related to the previously- implemented inspection and maintenance programs in the Maintenance Plan Areas. The State has included a technical demonstration with the August 15, 2013, SIP revision which demonstrate that the less-stringent RVP standard and the absence of an inspection and maintenance program in these areas would not interfere with continued maintenance of the 1997 8-hour ozone NAAQS or any other applicable standard. Approval of this SIP revision is a prerequisite for EPA's consideration of an amendment to the regulations to remove the Maintenance Plan Areas from the list of areas that are currently subject to the Federal 7.8 psi RVP requirements. The specific elements of the maintenance plan modeling that EPA is proposing update for the Maintenance Plan Areas are the ozone maintenance plan attainment inventories, emissions projections and air quality monitoring data. The revised modeling utilizes updated models to calculate the mobile source emissions. EPA has preliminarily determined that Florida's August 15, 2013, SIP revision with respect to the changes to the modeling and associated technical demonstration associated with the State's request for the removal of the Federal RVP requirements, and with respect to the use of updated models, is consistent with the applicable provisions of the Clean Air Act (CAA or Act). Should EPA decide to remove the subject portions of the Maintenance Plan Areas from those areas subject to the 7.8 psi Federal RVP requirements, such action will occur in a subsequent rulemaking. EPA has also preliminarily determined that removal of the regulatory provisions associated with the previously-implemented inspection and maintenance programs from the Maintenance Plan Areas is consistent with the applicable provisions of the CAA.

The Coast Guard is adding three new permanent safety zones in the Coast Guard Captain of the Port Boston Zone. When subject to enforcement, these permanent safety zones will restrict vessels from portions of water areas during certain annually recurring marine events. These three new permanent safety zones will ensure the protection of the maritime public and event participants from the hazards associated with these annual recurring events.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Evergreen Point Floating Bridge (State Route 520) across Lake Washington at Seattle, WA. The deviation is necessary to accommodate vehicular traffic attending football games at Husky Stadium at the University of Washington, Seattle, Washington. This deviation allows the bridge to remain in the closed position two hours before and two hours after each game.

On September 30, 2013, the Coast Guard amended regulations on response plans for nontank vessels. The amendment triggered information collection requirements affecting an existing OMB-approved information collection requirement on vessel and facility response plans. This notice announces that the collection of information has been approved by the Office of Management and Budget (OMB) and can now be enforced. The OMB control number is 1625-0066.

The Merit Systems Protection Board (MSPB or the Board) invites public input concerning options the MSPB is considering to revise its regulations governing how jurisdiction is established over Board appeals.

This regulation establishes tolerances for residues of prothioconozole in or on bushberries (crop subgroup 13-07B); low growing berries, except strawberry (crop subgroup 13-07H); and cucurbit vegetables (crop group 9). Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes an exemption from the requirement of a tolerance for residues of FD&C Green No. 3 (CAS Reg. No. 2353-45- 9) when used as an inert ingredient (dye) in antimicrobial formulations, for use on food contact surfaces in public eating places, dairy processing equipment, and food processing equipment and utensils. The firm Exponent, on behalf of Ecolab submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of FD&C Green No. 3. FD&C Green No. 3 is also known as Fast Green FCF.

This action corrects a final rule published in the Federal Register of September 30, 2013, that establishes Class E airspace at the Glasgow VHF Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME) navigation aid, Glasgow, MT. A favorable comment from the National Business Aviation Association (NBAA) was received in the public Docket but was not referenced in the Final Rule.

In this action, the EPA is determining that 60 days is insufficient time to complete the technical and other analyses and public notice-and-comment process required for our review of a petition submitted by the Town of Eliot, Maine pursuant to section 126 of the Clean Air Act (CAA). The petition requests that the EPA make a finding that Schiller Station in Portsmouth, New Hampshire is emitting or would emit air pollutants that contribute significantly to nonattainment and interfere with maintenance of the 1-hour sulfur dioxide (SO2) national ambient air quality standards (NAAQS). Under the section 307(d)(10) of CAA, the EPA is authorized to grant a time extension for responding to the petition if the EPA determines that the extension is necessary to afford the public, and the agency, adequate opportunity to carry out the purposes of section 307(d)'s notice-and- comment rulemaking requirements. By this action, the EPA is making that determination. The EPA is therefore extending the deadline for acting on the petition to no later than May 8, 2014.

We are adopting a new airworthiness directive (AD) for ECD Model BO105C (C-2 and CB-2 Variants) and BO105S (CS-2 and CBS-2 Variants) helicopters with a certain third stage turbine wheel installed. This AD requires installing a placard on the instrument panel and revising the limitations section of the rotorcraft flight manual (RFM). This AD is prompted by several incidents of third stage engine turbine wheel failures, which were caused by excessive vibrations at certain engine speeds during steady-state operations. These actions are intended to alert pilots to avoid certain engine speeds during steady-state operations, prevent failure of the third stage engine turbine, engine power loss, and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for Embraer S.A. Model EMB-505 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracking in the stator pressure plate of the brake assembly, which may lead to loss of brake parts on the runway and reduced brake capability with possible runway excursion. We are issuing this AD to require actions to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for certain Agusta S.p.A. (Agusta) Model AW139 helicopters. This AD requires replacing certain solder splices in the co-pilot audio system. This AD was prompted by the discovery of improper installation of solder splices on the co-pilot audio system causing intermittent noise through the audio system during flight. The actions of this AD are intended to prevent degradation and complete loss of communications between the pilot and co-pilot during flight, impairing the co-pilot's capability to react immediately to operational difficulties, which could lead to subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for all DG Flugzeugbau GmbH Models DG-800A, DG-800B, DG-500MB gliders. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as a defective starter motor control unit, which could activate the starter motor without pressing the starter button. We are issuing this AD to require actions to address the unsafe condition on these products.