2013 – Federal Register Recent Federal Regulation Documents
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New Postal Product
The Commission is noticing a recently-filed Postal Service request to add Parcel Select & Parcel Return Service Contract 5 to the competitive product list. This notice addresses procedural steps associated with this filing.
Guidance for Industry on Active Controls in Studies To Demonstrate Effectiveness of a New Animal Drug for Use in Companion Animals; Availability
The Food and Drug Administration (FDA) is announcing the availability of a guidance for industry 204 entitled ``Active Controls in Studies to Demonstrate Effectiveness of a New Animal Drug for Use in Companion Animals.'' This guidance advises industry on the use of active controls in studies intended to provide substantial evidence of effectiveness of new animal drugs for use in companion animals. The intent of the guidance is to provide information to clinical investigators who conduct studies using active controls and have a basic understanding of statistical principles.
Control of Ferrite Content in Stainless Steel Weld Metal
The U.S. Nuclear Regulatory Commission (NRC) is issuing a revision to Regulatory Guide (RG) 1.31, ``Control of Ferrite Content in Stainless Steel Weld Metal.'' This guide (Revision 4) describes a method that the NRC staff considers acceptable for controlling ferrite content in stainless steel weld metal. It updates the guide to remove references to outdated standards and to remove an appendix that has been incorporated into relevant specifications.
Uranium Enrichment Fuel Cycle Inspection Reports Regarding Louisiana Energy Services, National Enrichment Facility, Eunice, New Mexico, Prior to the Commencement of Operations
The U.S. Nuclear Regulatory Commission (NRC) staff has conducted inspections of the Louisiana Energy Services (LES), LLC, National Enrichment Facility in Eunice, New Mexico, and has authorized the introduction of uranium hexafluoride (UF6) into cascades numbered 3.10, 3.11, 3.12, 4.1, 4.2, 4.3 and 4.5. In addition, the NRC verified that the systems, structures, and components designed to support safe operation of Autoclave 2 of the facility have been constructed in accordance with the requirements of the approved license.
Initial Test Program of Emergency Core Cooling Systems for New Boiling-Water Reactors
The U.S. Nuclear Regulatory Commission (NRC) is issuing a new regulatory guide (RG), 1.79.1, ``Initial Test Program of Emergency Core Cooling Systems for New Boiling-Water Reactors.'' This RG describes testing methods the NRC staff considers acceptable for demonstrating the operability of emergency core cooling systems (ECCSs) for boiling- water reactors (BWRs) whose licenses are issued after the date of issuance of this RG (new BWRs).
Virgil C. Summer Nuclear Station, Units 2 and 3; South Carolina Electric and Gas; Changes to the Primary Sampling System
The U.S. Nuclear Regulatory Commission (NRC) is granting an exemption to allow a departure from the certification information of Tier 1 of the generic design control document (DCD) and issuing License Amendment No. 8 to Combined Licenses (COL), NPF-93 and NPF-94. The COLs were issued to South Carolina Electric and Gas (SCE&G) and South Carolina Public Service Authority (Santee Cooper) (the licensee), for construction and operation of the Virgil C. Summer Nuclear Station (VCSNS), Units 2 and 3 located in Fairfield County, South Carolina. The amendment requests to modify the Primary Sampling System (PSS) design, including changes to Tier 1 information located in Tables 2.2.1-2, 2.3.13-1, and 2.3.13-3, Figures 2.2.1-1 ``Containment System'' and 2.3.13-1 ``Primary Sampling System,'' and Subsection 2.3.13, ``Primary Sampling System'' of the Updated Final Safety Analysis Report (UFSAR). The granting of the exemption allows the changes to Tier 1 information asked for in the amendment. Because the acceptability of the exemption was determined in part by the acceptability of the amendment, the exemption and amendment are being issued concurrently.
Request To Submit a Two-Part Application-Northwest Medical Isotopes, LLC
The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to an August 9, 2013, letter from Northwest Medical Isotopes, LLC (NWMI). In this letter, NWMI requested an exemption from certain regulatory requirements, which, if granted, would allow the submittal of a construction permit application for a medical radioisotope production facility in two parts. The NRC staff has reviewed this request and determined that it is appropriate to grant the exemption, as requested.
60-Day Notice of Proposed Information Collection: Grant Drawdown Payment Request/LOCCS/VRS Voice Activated
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment. Public and Indian Housing Grant recipients use the payment vouchers to request funds from HUD through the LOCCS/VRS voice activated system. The information collected on the form serves also as an internal control measure to ensure the lawful and appropriate disbursement of Federal funds.
Performance Review Board Membership
Notice is given of the names of members of a Performance Review Board for the Department of the Army.
Government Owned Invention Available for Licensing, United States Patent, No. 7,837,654, Issued 23 Nov 2010, Entitled “Precision Sensing and Treatment Delivery Device for Promoting Healing in Living Tissue”
The Department of the Army is interested in granting an exclusive or partially exclusive license to U.S. Patent 7,837,654 for ''Precision Sensing and Treatment Delivery Device for Promoting Healing in Living Tissue'' to a licensee meeting the requirements of 35 USC 209.
Intent To Prepare a Regional Environmental Impact Statement for Surface Coal and Lignite Mining in the State of Texas
The U.S. Army Corps of Engineers (USACE) is preparing a Regional Environmental Impact Statement (REIS) to analyze the direct, indirect, and cumulative effects associated with a decision to develop and assess data and information with waters of the United States and other relevant resources that may be potentially impacted by future surface coal and lignite mine expansions in the state of Texas within the Fort Worth District's area of responsibility. These coal and lignite mining activities may eventually require authorization from the USACE under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899, as well as other federal and state permits and approvals.
Strategic Environmental Research and Development Program, Scientific Advisory Board; Notice of Federal Advisory Committee Meeting; Cancellation of Meeting
On Tuesday, September 24, 2013 (78 FR 58526-58528), the Department of Defense published a notice announcing a meeting of the Strategic Environmental Research and Development Program, Scientific Advisory Board that was to have taken place on October 15, 2013 and October 16, 2013. This meeting was cancelled.
Approval and Promulgation of Air Quality Implementation Plans; Rhode Island: Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule
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.
Approval and Promulgation of Air Quality Implementation Plans; Rhode Island: Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule
EPA is proposing to fully 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 proposing to fully approve the State's definition of ``PM2.5'' (fine particulate matter) which is specific only to permitting. Certain of the State's SIP 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 major stationary sources that also emit regulated new source review pollutants other than GHGs. EPA is proposing to conditionally approve those definitions as they relate to the non-GHG pollutants. 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 SIP 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.
Endangered and Threatened Species: Designation of a Nonessential Experimental Population of Upper Columbia Spring-Run Chinook Salmon in the Okanogan River Subbasin, Washington, and Protective Regulations
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).
Plant Variety Protection Board; Open Meeting
This notice is intended to notify the public of their opportunity to attend an open meeting of the Plant Variety Protection Board.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Dakota Skipper and Poweshiek Skipperling
We, the U.S. Fish and Wildlife Service, propose to designate critical habitat for the Dakota skipper and Poweshiek skipperling under the Endangered Species Act of 1973, as amended. The Endangered Species Act requires that critical habitat be designated to the maximum extent prudent and determinable for species determined to be endangered or threatened species. The effect of this regulation is to designate critical habitat for the Dakota skipper and Poweshiek skipperling under the Endangered Species Act.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Dayton-Springfield, Steubenville-Weirton, Toledo, and Parkersburg-Marietta; 1997 8-Hour Ozone Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets
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.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Dayton-Springfield, Steubenville-Weirton, Toledo, and Parkersburg-Marietta; 1997 8-Hour Ozone Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets
Under the Clean Air Act, EPA is proposing to approve the request by Ohio to revise the 1997 8-hour ozone maintenance air quality state implementation plan (SIP) for the Dayton-Springfield and Toledo areas, 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 for the areas 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.
Approval and Promulgation of Implementation Plans; Idaho: State Board Requirements
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).
Amendment of Class E Airspace; St. George, UT
This action amends Class E airspace at St. George Municipal Airport, St. George, UT, by removing the operating hours established by a Notice to Airmen (NOTAM) due to the airport changing from a part time to a full time facility. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Energy Conservation Program for Consumer Products: Test Procedures for Direct Heating Equipment and Pool Heaters
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.
Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Chromolaena frustrata (Cape Sable Thoroughwort), Consolea corallicola (Florida Semaphore Cactus), and Harrisia aboriginum (Aboriginal Prickly-Apple)
We, the U.S. Fish and Wildlife Service (Service), determine endangered status for three plants: Chromolaena frustrata (Cape Sable thoroughwort), Consolea corallicola (Florida semaphore cactus), and Harrisia aboriginum (aboriginal prickly-apple), under the Endangered Species Act of 1973, as amended. These plants are endemic to South Florida. This final rule implements the protections provided by the Act for these species.
Endangered and Threatened Wildlife and Plants; Threatened Status for Dakota Skipper and Endangered Status for Poweshiek Skipperling
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.
Public Housing Capital Fund Program
This final rule combines and streamlines the former legacy public housing modernization programs, including the Comprehensive Grant Program (CGP), the Comprehensive Improvement Assistance Program (CIAP), and the Public Housing Development Program (which encompasses mixed-finance development), into the Capital Fund Program (CFP). This rule defines qualified PHAs, which are not required to file annual plans. The rule expands HUD's current requirement that a Public Housing Authority (PHA) submit a physical needs assessment (PNA) to include small PHAs as well as large PHAs, but provides small PHAs additional time to plan for and implement this requirement. The rule allows PHAs to request a total development cost (TDC) exception for integrated utility management, capital planning, and other capital and management activities that promote energy conservation and efficiency, including green construction and retrofits, which include windows; heating system replacements; wall insulation; site-based generation; advanced energy savings technologies, including renewable energy generation; and other such retrofits. The rule also makes changes to replacement housing factor funds and the threshold for management improvements. Because this rule streamlines programs, several formerly separate regulations are eliminated with the implementation of this rule.
Farm Credit Administration Board; Sunshine Act; Regular Meeting
Notice is hereby given, pursuant to the Government in the Sunshine Act, of the regular meeting of the Farm Credit Administration Board (Board).
Third Meeting: RTCA Tactical Operations Committee (TOC)
The FAA is issuing this notice to advise the public of the third meeting of the RTCA Tactical Operations Committee.
Sunshine Act Meeting; Open Commission Meeting; Monday, October, 28, 2013
The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking to address problems associated with completion of long distance calls to rural areas. 2..................... WIRELESS TITLE: Promoting TELECOMMUNICATIONS. Interoperability in the 700 MHz Commercial Spectrum (WT Docket No. 12-69); Requests for Waiver and Extension of Lower 700 MHz Band Interim Construction Benchmark Deadlines (WT Docket No. 12-332) SUMMARY: The Commission will consider a Report and Order that implements an industry solution to provide interoperable service in the lower 700 MHz band. 3..................... PUBLIC SAFETY AND TITLE: Implementing HOMELAND SECURITY. Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012 (PS Docket No. 12-94); Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band (PS Docket No. 06-229); Service Rules for the 698-746, 747-762 and 777-792 MHz Bands (WT Docket No. 06- 150) SUMMARY: The Commission will consider a Second Report and Order adopting technical rules for the 700 MHz broadband spectrum licensed to the First Responder Network Authority.
UPDATE-Meeting of the Community Preventive Services Task Force (Task Force)
The Centers for Disease Control and Prevention (CDC) announces an update to the meeting of the Community Preventive Services Task Force (Task Force). The in-person Task Force meeting is being replaced by an abbreviated conference call as a result of the lapse in the FY 2014 appropriation, which limited CDC's ability to complete the necessary scientific and logistical support for the meeting. The Task Force is an independent, nonfederal, and uncompensated panel. Its members represent a broad range of research, practice, and policy expertise in prevention, wellness, health promotion, and public health, and are appointed by the CDC Director. The Task Force was convened in 1996 by the Department of Health and Human Services (HHS) to identify community preventive programs, services, and policies that increase healthy longevity, save lives and dollars and improve Americans' quality of life. CDC is mandated to provide ongoing administrative, research, and technical support for the operations of the Task Force. During its meetings, the Task Force considers the findings of systematic reviews on existing research, and issues recommendations. These recommendations provide evidence-based options from which decision makers in communities, companies, health departments, health plans and healthcare systems, non-governmental organizations, and at all levels of government can choose what best meets the needs, preferences, available resources, and constraints of their constituents. The Task Force's recommendations, along with the systematic reviews of the scientific evidence on which they are based, are compiled in the Guide to Community Preventive Services (Community Guide).
Apricots Grown in Designated Counties in Washington; Increased Assessment Rate
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.
Apricots Grown in Designated Counties in Washington; Suspension of Handling Regulations
This rule suspends the minimum grade, size, quality, maturity, and inspection requirements prescribed under the Washington apricot marketing order (order) for the remainder of the 2013-2014 fiscal period and subsequent fiscal periods. The order regulates the handling of apricots grown in designated counties in Washington and is administered locally by the Washington Apricot Marketing Committee (Committee). This rule follows a suspension of the handling regulations that was enacted in the 2012-2013 fiscal period, and is expected to reduce overall industry expenses and increase net returns to growers and handlers.
Dried Prunes Produced in California; Increased Assessment Rate
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.
Kiwifruit Grown in California; Decreased Assessment Rate
This rule decreases the assessment rate established for the Kiwifruit Administrative Committee (Committee) for the 2013-14 and subsequent fiscal periods from $0.035 to $0.025 per 9-kilo volume-fill container or equivalent of kiwifruit. The Committee locally administers the marketing order, which regulates the handling of kiwifruit grown in California. Assessments upon kiwifruit handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period began on August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Information Collection; Guaranteed Farm Loan Program
The Farm Service Agency (FSA) is reopening and extending the comment period for 60 days to allow interested individuals and organizations to comment on the extension and revision of a currently approved information collection associated with the Guaranteed Farm Loan Program. The amended estimate adds the merger of the information collection for the Land Contract Guarantee Program (0560-0279) into the Guaranteed Farm Loan Program. This information collection is used to make and service loans guaranteed by FSA to eligible farmers and ranchers by commercial lenders and to provide guarantees to the seller of a farm through the use of land contracts.
President's National Security Telecommunications Advisory Committee
The President's National Security Telecommunications Advisory Committee (NSTAC) will meet on Wednesday, November 20, 2013. The meeting will be open to the public.
Approval and Promulgation of State Implementation Plans; Hawaii; Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standard
EPA is proposing to approve elements of a State Implementation Plan (SIP) revision submitted by the State of Hawaii on February 13, 2013, pursuant to the requirements of of the Clean Air Act (CAA or the Act) for the 2008 Lead (Pb) national ambient air quality standards (NAAQS). Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA. We are taking comments on this proposal and plan to follow with a final action.
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