2013 – Federal Register Recent Federal Regulation Documents

We are adopting a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, AS350D1, AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters with sliding doors, except those with modification AL.4262. This AD requires removing from service certain part-numbered nuts and washers from the lower ball-joint bolt. This AD was prompted by a report of a sliding door detaching from the helicopter in flight. These actions are intended to prevent loss of the lower ball-joint nut, which could lead to loss of the sliding door and damage to the helicopter.

In this Candidate Notice of Review (CNOR), we, the U.S. Fish and Wildlife Service (Service), present an updated list of plant and animal species native to the United States that we regard as candidates for or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended. Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, allowing landowners and resource managers to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if we subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting candidate conservation measures to alleviate threats to the species. The CNOR summarizes the status and threats that we evaluated in order to determine that species qualify as candidates and to assign a listing priority number (LPN) to each species or to determine that species should be removed from candidate status. Additional material that we relied on is available in the Species Assessment and Listing Priority Assignment Forms (species assessment forms) for each candidate species. Overall, this CNOR recognizes no new candidates, changes the LPN for three candidates, and removes three species from candidate status. Combined with other decisions for individual species that were published separately from this CNOR in the past year, the current number of species that are candidates for listing is 146. This document also includes our findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants (Lists) during the period October 1, 2012, through September 30, 2013. We request additional status information that may be available for the 146 candidate species identified in this CNOR.

EPA is taking a direct final action to approve portions of two revisions to the Texas State Implementation Plan (SIP) concerning the Permits for Specific Designated Facilities Program, also referred to as the FutureGen Program. EPA has determined that the portions of these SIP revisions specific to the FutureGen Program submitted on March 9, 2006 and July 2, 2010, comply with the Clean Air Act and EPA regulations and are consistent with EPA policies. This action is being taken under section 110 and parts C and D of the Act.

We propose to adopt a new airworthiness directive (AD) for Slingsby Aviation Ltd. Model T67M260 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 cracked horizontal stabilizer attachment brackets, which could lead to separation of the horizontal stabilizer and result in loss of control. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

DoD, GSA, and NASA issued a proposed rule on September 26, 2013, amending the Federal Acquisition Regulation (FAR) to strengthen protections against trafficking in persons in Federal contracts. These changes are intended to implement E.O. 13627 and Title XVII of the National Defense Authorization Act for Fiscal Year 2013. The comment period is being extended to provide additional time for interested parties to provide comments for FAR Case 2013-001, Ending Trafficking in Persons, to December 20, 2013.

This action proposes to modify Class E airspace at Sitka, AK, to accommodate aircraft departing and arriving under Instrument Flight Rules (IFR) at Sitka Rocky Gutierrez Airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.

The Postal Service is revising Mailing Standards of the United States Postal Service, International Mail Manual (IMM[supreg]), to reflect the prices, product features, and classification changes to Competitive Services, as established by the Governors of the Postal Service.

EPA is proposing to approve portions of two revisions to the Texas State Implementation Plan (SIP) concerning the Permits for Specific Designated Facilities Program, also referred to as the FutureGen Program. EPA has determined that the portions of these SIP revisions specific to the FutureGen Program submitted on March 9, 2006 and July 2, 2010, comply with the Clean Air Act and EPA regulations and are consistent with EPA policies. This action is being taken under section 110 and parts C and D of the Act.

This document proposes to amend our regulations to add specifications and qualification requirements for an anthropomorphic test device (ATD) representing a 3-year-old child, called the ``Q3s'' side impact test dummy. The agency plans to use the Q3s to test child restraint systems to new side impact performance requirements which NHTSA will propose to adopt into the Federal motor vehicle safety standard for child restraint systems by way of a separate NPRM. Adopting side impact protection requirements is consistent with a statutory provision set forth in the ``Moving Ahead for Progress in the 21st Century Act'' (July 6, 2012), that the agency issue a final rule to improve the protection of children seated in child restraint systems during side impacts.

The Department of Justice (the Department or DOJ) amends its Privacy Act regulations for two Privacy Act systems of records previously entitled the ``Drug Enforcement Task Force Evaluation and Reporting System,'' JUSTICE/DAG-003, and the ``Organized Crime Drug Enforcement Task Force Fusion Center and International Organized Crime Intelligence and Operations Center System,'' JUSTICE/CRM-028. These amendments reflect a recent reorganization of the Department establishing the Executive Office for OCDETF as a separate DOJ component, and transferring responsibility for these systems from the Office of the Deputy Attorney General (ODAG) and the Criminal Division to this component. In light of this departmental reorganization, JUSTICE/DAG-003 has been renumbered to JUSTICE/OCDETF- 001 and renamed as the ``Organized Crime Drug Enforcement Task Forces Management Information System (OCDETF MIS),'' and JUSTICE/CRM-028 has been renumbered to JUSTICE/OCDETF-002 while retaining the same name. When under the responsibility of ODAG and the Criminal Division, these systems were exempted from certain provisions of the Privacy Act of 1974 by exemptions placed in the Code of Federal Regulations (CFR) sections containing exemptions for ODAG's and the Criminal Division's Privacy Act systems. These amendments remove references to these systems from the CFR sections for ODAG and Criminal Division exemptions and add a new section for OCDETF exemptions, which continues comparable exemptions for these systems in order to avoid interference with the law enforcement functions and responsibilities of the Executive office for OCDETF.

We announce our intention to establish a negotiated rulemaking committee to prepare proposed regulations to address program integrity and improvement issues for the Federal Student Aid programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA) (title IV Federal Student Aid programs). The committee will include representatives of organizations or groups with interests that are significantly affected by the subject matter of the proposed regulations. We request nominations for individual negotiators who represent key stakeholder constituencies for the issues to be negotiated to serve on the committee, and we set a schedule for committee meetings.

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.