2013 – Federal Register Recent Federal Regulation Documents

The Coast Guard is proposing to change the regulation that governs the operation of the Poplar Street Bridge, mile 8.2, and the U.S. 13A Bridge over Broad Creek, mile 8.25, both at Laurel, DE. The proposed new rule would change the current regulation by requiring a forty-eight hour advance notice and by allowing the bridges to remain in the closed position for the passage of vessels.

The Coast Guard will enforce the special local regulations pertaining to the Key West World Championship in the Atlantic Ocean, off Key West, FL from 9:30 a.m. until 4:30 p.m. on November 10, 2013. This action is necessary to protect race participants, participant vessels, spectators, and the general public from the hazards associated with high-speed boat races. The special local regulations establish regulated areas on the waters of the Key West Main Ship Channel, Key West Turning Basin, and Key West Harbor Entrance. During the enforcement period, no person or vessel may enter the regulated area without permission from the Captain of the Port.

The Commodity Futures Trading Commission (``Commission'') proposes to amend its regulations to require that all persons registered with the Commission as introducing brokers (``IBs''), commodity pool operators (``CPOs''), and commodity trading advisors (``CTAs'') must become and remain members of at least one registered futures association (``RFA'').

Section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) requires Federal agencies to review regulations that require the use of an assessment of the credit- worthiness of a security or money market instrument and any references to, or requirements in, such regulations regarding credit ratings issued by credit rating organizations registered with the Securities and Exchange Commission (SEC) as nationally recognized statistical rating organizations (NRSROs), and to remove such references or requirements. To implement this provision, the Federal Housing Finance Agency (FHFA) proposed on May 23, 2013, to amend certain of its rules and remove a number of references and requirements in certain safety and soundness regulations affecting the Federal Home Loan Banks (Banks). To replace the provisions that referenced NRSRO ratings, FHFA proposed to add requirements that the Banks apply internal analytic standards and criteria to determine the credit quality of a security or obligation, subject to FHFA oversight and review through the examination and supervisory process. FHFA also proposed to delete certain provisions from its regulations that contained references to NRSRO credit ratings because they appeared duplicative of other requirements or because they applied only to Banks that had not converted to the capital structure required by the Gramm- Leach-Bliley Act (GLB Act) and no longer applied to any Bank. After considering the comments received on its notice of proposed rulemaking (Proposed Rule), FHFA has determined to adopt as final these proposed rule amendments without change.

This regulation establishes tolerances for residues of boscalid in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This action modifies Class E airspace at Prineville, OR, to accommodate Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Prineville 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.

The purpose of this rulemaking is to improve workplace safety and health through the collection of useful, accessible, establishment- specific injury and illness data to which OSHA currently does not have direct, timely, and systematic access. With the information acquired through this proposed rule, employers, employees, employee representatives, the government, and researchers will be better able to identify and abate workplace hazards. OSHA is proposing to amend its recordkeeping regulations to add requirements for the electronic submission of injury and illness information employers are already required to keep under OSHA's regulations for recording and reporting occupational injuries and illnesses. The proposed rule amends the regulation on the annual OSHA injury and illness survey of ten or more employers to add three new electronic reporting requirements. The proposed rule does not add to or change any employer's obligation to complete and retain injury and illness records under OSHA's regulations for recording and reporting occupational injuries and illnesses. The proposed rule also does not add to or change the recording criteria or definitions for these records. The proposed rule only modifies employers' obligations to transmit information from these records to OSHA or OSHA's designee.

We are adopting a new airworthiness directive (AD) for Bell Helicopter Textron, Inc. (Bell), Model 206A, 206B, 206L, 206L-1, 206L- 3, 206L-4, and 407 helicopters with an Apical Industries, Inc. (Apical) emergency float kit installed under Supplemental Type Certificate (STC) Number SR01535LA. This AD was prompted by an incident in which the floats installed on a helicopter failed to deploy. This AD requires inspecting, labeling, and replacing the float inflation hoses. We are issuing this AD to prevent failure of the emergency floatation gear to deploy during an emergency event.

In this Report and Order, pursuant to authority delegated by the Commission in the Special Access Data Collection Order the Bureau clarifies the scope of the collection to reduce burden where doing so is consistent with our delegated authority and will not impact the Commission's ability to analyze the data; provides instructions and record format specifications for submitting information; and modifies and amends questions and definitions contained in the collection.

The Privacy and Civil Liberties Oversight Board is finalizing regulations to implement the Freedom of Information Act, the Privacy Act of 1974, and the Government in the Sunshine Act. This rule describes the procedures for members of the public to request access to records. In addition, this rule also includes procedures for the Board's responses to these requests, including the timeframe for response and applicable fees.

We are adopting a new airworthiness directive (AD) for Sikorsky Model S-76A, B, and C helicopters to require certain inspections of each spindle cuff assembly or blade fold cuff assembly for a crack. If there is a crack, this AD requires replacing the cracked part. If there is no crack, this AD requires applying white paint to the inspection area to enhance the existing inspection procedure. This AD was prompted by discovery of cracks in the spindle cuffs. The actions are intended to prevent failure of a spindle cuff assembly or blade fold cuff assembly, loss of a rotor blade, and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for certain PILATUS Aircraft Ltd. Model PC-7 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 chafing on the wiring harness attached to the engine mounting frame on the right-hand side of the engine compartment, which could cause a short circuit and could result in a fire in the engine compartment. We are issuing this AD to require actions to address the unsafe condition on these products.

The U.S. Nuclear Regulatory Commission (NRC) is making available for public comment the following draft NUREGs: NUREG-1280, Revision 2, ``Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Strategic Special Nuclear Material;'' NUREG-2159, ``Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Special Nuclear Material of Moderate Strategic Significance;'' NUREG-1065, Revision 3, ``Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Special Nuclear Material of Low Strategic Significance;'' NUREG-2158 (formerly NUREG/CR-5734), ``Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Low Enriched Uranium Enrichment Facilities;'' and NUREG/BR-0096, Revision 2, ``Instructions and Guidance for Completing Physical Inventory Summary Reports.'' The NUREGs support a proposed rule (RIN 3150-AI61; NRC-2009- 0096) amending the NRC's MC&A regulations applicable to various types of special nuclear material (SNM). The proposed rule is being published in the Proposed Rule section of this issue of the Federal Register.

NMFS proposes commercial quotas for the Atlantic surfclam and ocean quahog fisheries for 2014, 2015, and 2016. The proposed quotas are unchanged from the quotas for the 2011, 2012, and 2013 fishing years. This action sets allowable harvest levels of Atlantic surfclams and ocean quahogs, prevent overfishing, and allow harvesting of optimum yield. This action would also continue to suspend the minimum shell size for Atlantic surfclams for the 2014 fishing year. It is expected that the industry and dealers will benefit from the proposed status quo quotas, as they will be able to maintain a consistent market.

OPM is amending its regulations to grant Federal employees residing in the District of Columbia a partial exemption from the political activity restrictions, and to add the District of Columbia to its regulatory list of designated localities in OPM regulations. This regulatory amendment reflects OPM's determination that the District of Columbia meets the criteria in the Hatch Act, as amended by the Hatch Act Modernization Act of 2012, for a partial exemption to issue.

The Food and Drug Administration (FDA) is confirming the effective date of December 9, 2013, for the final rule that appeared in the Federal Register of July 25, 2013. The direct final rule amends the regulations regarding the prohibition on the sale, or other commercial or public distribution, of viable turtle eggs and live turtles with a carapace length of less than 4 inches to remove procedures for destruction. This document confirms the effective date of the direct final rule.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 767 airplanes. This proposed AD was prompted by reports of bearing damage at certain trailing edge (TE) flap support rib assemblies. This proposed AD would require inspecting certain TE flap support rib assemblies to determine if the bearings have a roller retention feature, and performing corrective actions if necessary; and inspecting for bearing damage of each pair of removed bearings, and performing related investigative and corrective actions if necessary. We are proposing this AD to detect and correct damage to the TE flap support bearings, which can result in damage to the TE rotary actuators and consequent dual flap drive system disconnect in both TE flap rotary actuators, and a possible flap aerodynamic blowback with loss of controllability of the airplane.

The Federal Subsistence Board is extending the comment period through December 2, 2013, on its earlier request for comments (77 FR 77005, Dec. 31, 2012) on the rural determination process. These comments will be used by the Board, coordinating with the Secretaries of the Interior and Agriculture, to assist in making decisions regarding the scope and nature of possible changes to improve the rural determination process.

The Food Safety and Inspection Service (FSIS) is amending the meat and poultry products inspection regulations to expand the circumstances in which FSIS will generically approve the labels of meat and poultry products. The Agency also is consolidating the regulations that provide for the approval of labels for meat products and poultry products into a new Code of Federal Regulations (CFR) part.

On June 12, 2013, we announced our intention to establish a negotiated rulemaking committee to prepare proposed regulations to establish standards for programs that prepare students for gainful employment in a recognized occupation. We also announced the schedule for committee meetings. Because of the Federal Government shutdown due to a lapse in appropriations, we are rescheduling the second session of committee meetings to November 18-20, 2013. In addition, the last day of the second session will end at 5:00 p.m. instead of at noon.

EPA is adding ortho-nitrotoluene (o-nitrotoluene) to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 and section 6607 of the Pollution Prevention Act (PPA) of 1990. o- Nitrotoluene has been classified by the National Toxicology Program in its 12th Report on Carcinogens as ``reasonably anticipated to be a human carcinogen.'' EPA has determined that o-nitrotoluene meets the EPCRA section 313(d)(2)(B) criteria because it can reasonably be anticipated to cause cancer in humans.

EPA is taking several actions under the Clean Air Act (CAA) affecting the Columbus area and the state of Ohio for the 1997 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS or standard). EPA is determining that the Columbus, Ohio area (Columbus area) is attaining the 1997 annual PM2.5 standard based on quality assured, state-certified monitoring data for all PM2.5 monitoring sites in this area during the period of 2007-2012. EPA is granting a request from the state of Ohio for the redesignation of the Columbus area to attainment of the 1997 annual PM2.5 standard. EPA is approving, as a revision of the Ohio State Implementation Plan (SIP), the state's plan for maintaining the 1997 annual PM2.5 standard in the Columbus area through 2023, the state's 2015 and 2022 Nitrogen Oxides (NOX) and PM2.5 Motor Vehicle Emission Budgets (MVEBs) for the Columbus area (which EPA is also finding to be adequate for transportation conformity determinations), and 2005 NOX, Sulfur Dioxide (SO2), and primary PM2.5 and 2007 Volatile Organic Compound (VOC) and ammonia emission inventories for the Columbus area. The Columbus area includes Coshocton (Franklin Township only), Delaware, Licking, Fairfield, and Franklin Counties.

With this action, EPA is promulgating a final rule that amends the Civil Monetary Penalty Inflation Adjustment Rule. This action is mandated by the Debt Collection Improvement Act of 1996 (DCIA) to adjust for inflation certain statutory civil monetary penalties that may be assessed for violations of EPA-administered statutes and their implementing regulations. The Agency is required to review the civil monetary penalties under the statutes it administers at least once every four years and to adjust such penalties as necessary for inflation according to a formula prescribed by the DCIA. The regulations contain a list of all civil monetary penalty authorities under EPA-administered statutes and the applicable statutory amounts, as adjusted for inflation, since 1996.

This regulation establishes tolerances for residues of spirotetramat in or on corn, sweet, kernel plus cob with husks removed and persimmon and revises established tolerances in or on feijoa, papaya, and Spanish lime, under the Federal Food, Drug, and Cosmetic Act (FFDCA).

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Oklahoma proposes revisions to its regulations regarding: Definitions; review of permit applications; general provisions for review of permit application information and entry of information into AVS; review of applicant, operator, and ownership and control information; review of permit history; review of compliance history; permit eligibility determination; unanticipated events or conditions at remining sites; eligibility for provisionally issued permits; written findings for permit application approval; performance bond submittal; initial review and finding requirements for improvidently issued permits; notice requirements for improvidently issued permits; suspension or rescission requirements for improvidently issued permits; who may challenge ownership or control listings and findings; how to challenge an owner and controller listing or finding; burden of proof for ownership or control challenges; written agency decision on challenges to ownership or control listings or findings; post-permit issuance requirements for regulatory authorities and other actions based on ownership, control, and violation information; post-permit issuance information requirements for permittees; transfer, assignment, or sale of permit rights; certifying and updating existing permit application information; providing applicant and operator information; providing permit history information; providing property interest information; providing violation information; facilities or structures used in common; hydrologic balancesiltation structures; cessation orders; alternative enforcementgeneral provisions; criminal penalties; and civil actions for relief. Oklahoma intends to revise its program to be no less effective than the Federal regulations and to improve operational efficiency. This document gives the times and locations that the Oklahoma program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.