December 30, 2013 – Federal Register Recent Federal Regulation Documents

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Rock Island Railroad and Highway Drawbridge across the Upper Mississippi River, mile 482.9, at Rock Island, Illinois. The deviation is necessary to allow the St. Patrick's Day Road Race to cross the bridge. This deviation allows the bridge to be maintained in the closed-to-navigation position for two hours.

This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

The Bureau of Consumer Financial Protection (Bureau) is publishing a final rule amending the official commentary that interprets the requirements of the Bureau's Regulation C (Home Mortgage Disclosure) to reflect a change in the asset-size exemption threshold for banks, savings associations, and credit unions based on the annual percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). The exemption threshold is adjusted to increase to $43 million from $42 million. The adjustment is based on the 1.4 percent increase in the average of the CPI-W for the 12-month period ending in November 2013. Therefore, banks, savings associations, and credit unions with assets of $43 million or less as of December 31, 2013, are exempt from collecting data in 2014.

The Food and Drug Administration (FDA) is issuing a final order to reclassify temporary mandibular condyle prosthesis, a preamendments class III device, into class II (special controls), and rename the device ``temporary mandibular condyle reconstruction plate.'' FDA is also issuing the special controls guideline entitled ``Temporary Mandibular Condyle Reconstruction Plate Class II Special Controls Guideline'' that sets forth the special controls that are necessary to provide a reasonable assurance of the safety and effectiveness of the device.

The Nuclear Regulatory Commission (NRC) is rescheduling a public meeting that was cancelled due to inclement weather and extending the public comment period for a proposed rule and draft guidance on material control and accounting (MC&A) of special nuclear material (SNM). The public meeting has been rescheduled for January 9, 2014. The public comment period has been extended to March 10, 2014, in response to a request by stakeholders.

In this document, Petitions for Reconsideration (Petitions) have been filed in the Commission's Rulemaking proceeding, one by Gerard J. Duffy of Blooston, Modkofsky, Dickens, Duffy & Prendergrast, LLP, on behalf of Blooston Private Microwave Licenses and a second by David L. Nace, of Lukas, Nace, Gutierrez & Sachs, LLP, on behalf of Small Purchasers Coalition.

We propose to supersede airworthiness directive (AD) 2000-12- 12, for certain Airbus Model A300, A300-600, and A310 series airplanes. AD 2000-12-12 currently requires inspecting to detect cracks in the lower spar axis of the nacelle pylon between ribs 9 and 10, and repair if necessary. AD 2000-12-12 also provides for optional modification of the pylon, which terminates the inspections for Model A300 series airplanes. Since we issued AD 2000-12-12, we have received reports of cracking of the lower pylon spar after accomplishing the existing modification and have determined that shorter initial and repetitive inspection compliance times are necessary to address the identified unsafe condition. This proposed AD would reduce the initial and repetitive inspection compliance times. We are proposing this AD to detect and correct fatigue cracking, which could result in reduced structural integrity of the lower spar of the nacelle pylon.

The Food and Drug Administration is correcting a document that appeared in the Federal Register of December 16, 2013 (78 FR 76059). The document amended the animal drug regulations to remove dairy replacement heifers from the pasture cattle class for which free- choice, loose-mineral medicated feeds containing bambermycins are approved. The document was published with an incorrect docket number. This document corrects that error.

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.

The Environmental Protection Agency (EPA) today is taking final action to amend the standards and practices for conducting all appropriate inquiries under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to reference a standard practice recently made available by ASTM International, a widely recognized standards development organization. Specifically, this final rule amends the ``All Appropriate Inquiries Rule'' at 40 CFR Part 312 to reference ASTM International's E1527-13 ``Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process'' and make clear that persons conducting all appropriate inquiries may use the procedures included in this standard to comply with the All Appropriate Inquiries Rule.

The Department of Veterans Affairs (VA) amends its medical regulations concerning the copayment required for certain medications. But for this rulemaking, beginning on January 1, 2014, the copayment amount would increase based on a formula set forth in regulation. The maximum annual copayment amount payable by veterans would also increase. This rulemaking freezes copayments at the current rate for 2014 for veterans in priority categories 2 through 8, and thereafter resumes increasing copayments in accordance with the regulatory formula.

This document advises the public of a HUD regulation that has been temporarily waived in order to facilitate voluntary PHA participation in the FSS Program Demonstration. The FSS Program Demonstration is a study using a random assignment methodology to evaluate the effectiveness of the FSS program. Specifically, this document announces a temporary, partial waiver to the SEMAP rating criteria at 24 CFR 985.3(o) (``Family self-sufficiency (FSS) enrollment and escrow accounts''), for PHAs with a mandatory Housing Choice Voucher (HCV) FSS program who are participating in the FSS Program Demonstration.

The Federal Emergency Management Agency (FEMA) is withdrawing its proposed rule concerning proposed flood elevation determinations for Nicollet County, Minnesota, and Incorporated Areas.

The Environmental Protection Agency (EPA) is proposing to partially disapprove a Washington Regional Haze State Implementation Plan (RH SIP) element submitted by the State of Washington (the State) on December 22, 2010, that exempted Alcoa's Wenatchee Works aluminum smelting facility (Alcoa Wenatchee facility or Wenatchee facility), located near Wenatchee, Washington, from the Clean Air Act's Best Available Retrofit Technology (BART) requirements. On December 26, 2012, the EPA proposed to approve, along with proposed action on other SIP elements, the State's determination that the Alcoa Wenatchee facility is exempt from BART requirements. The EPA received adverse comments regarding the dispersion modeling used for this determination. After further review, the EPA now proposes to disapprove the State's determination that the facility is not subject to BART and proposes to find that the Wenatchee facility is subject to BART. The EPA is also proposing a BART determination for the facility through a Federal Implementation Plan (FIP). This Federal Register document also announces the availability of new information regarding Alcoa's ability to afford limestone slurry forced oxidation (LSFO) sulfur dioxide (SO2) control technology at the Intalco Aluminum Corporation facility in Ferndale, Washington (Intalco). Also available for public review is new air quality dispersion modeling regarding the visibility improvement assessment for the BART Alternative for the Tesoro Refining and Marketing refinery in Anacortes, Washington (Tesoro).

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-400, -400D, and -400F series airplanes. This AD was prompted by a report of water leakage into the main deck cargo wire integration unit (WIU). The water flowed from the main deck floor panels, through disbonded seams in the aft main equipment center (MEC) drip shield gutter, then onto the WIU. This AD requires cleaning the aft MEC drip shield gutter; and doing a one-time general visual inspection for disbonded seams, and repair if necessary. This AD also requires installing a fiberglass reinforcement overcoat to the underside of the bonded seams of the aft MEC drip shield gutters. We are issuing this AD to prevent water penetration into the MEC, which could result in the loss of flight critical systems.