2013 – Federal Register Recent Federal Regulation Documents

This action proposes to establish Class E airspace at the Needles VHF Omni-Directional Radio Range Tactical Air Navigation Aid (VORTAC), Needles, CA, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Los Angeles Air Route Traffic Control Center (ARTCC). The FAA is proposing this action to enhance the safety and management of aircraft operations within the National Airspace System.

On August 22, 2013, NMFS published a notice of public hearings for Draft Amendment 7 to the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (2006 Consolidated HMS FMP), which included 10 public hearings. Due to the government shut down and NMFS' inability to respond to constituents on this complex rule during that time frame and based on the comments received to date requesting an extension due to the complexity and interplay of the measures covered in the DEIS, NMFS extended the comment period for this action until January 10, 2014. To provide an additional opportunity for interested members of the public from all geographic areas to submit verbal comments, NMFS will host a public hearing conference call and webinar. In this notice, NMFS announces the date, time, and call-in information for the conference call and webinar for management measures proposed in Draft Amendment 7. On August 21, 2013, NMFS published the proposed rule for Draft Amendment 7 to the 2006 Consolidated HMS Fishery Management Plan to control bluefin incidental catch (landings and dead discards) in the pelagic longline fishery, enhance reporting in all categories, and ensure U.S. compliance with the ICCAT- recommended quota.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the North Carolina State Implementation Plan submitted on July 12, 2013, through the North Carolina Department of Environment and Natural Resources. This submission adopts a memorandum of agreement establishing transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportation-related control measures and mitigation measures. This proposed action streamlines the conformity process to allow direct consultation among agencies at the Federal, state and local levels. This proposed action is being taken pursuant to section 110 of the Clean Air Act. In the Final Rules Section of this Federal Register, EPA is approving the State's implementation plan revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

To deliver on the promise of a 21st-Century government that is more efficient, effective and transparent, the Office of Management and Budget (OMB) is streamlining the Federal government's guidance on Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards. These modifications are a key component of a larger Federal effort to more effectively focus Federal resources on improving performance and outcomes while ensuring the financial integrity of taxpayer dollars in partnership with non-Federal stakeholders. This guidance provides a governmentwide framework for grants management which will be complemented by additional efforts to strengthen program outcomes through innovative and effective use of grant-making models, performance metrics, and evaluation. This reform of OMB guidance will reduce administrative burden for non-Federal entities receiving Federal awards while reducing the risk of waste, fraud and abuse. This final guidance supersedes and streamlines requirements from OMB Circulars A-21, A-87, A-110, and A-122 (which have been placed in OMB guidances); Circulars A-89, A-102, and A-133; and the guidance in Circular A-50 on Single Audit Act follow-up. Future reform efforts may eventually seek to incorporate the Cost Principles for Hospitals in Department of Health and Human Services regulations. Copies of the OMB Circulars that are superseded by this guidance are available on OMB's Web site at https://www.whitehouse.gov/omb/circularsdefault/. The final guidance consolidates the guidance previously contained in the aforementioned citations into a streamlined format that aims to improve both the clarity and accessibility. This final guidance is located in Title 2 of the Code of Federal Regulations. This final guidance does not broaden the scope of applicability from existing government-wide requirements, affecting Federal awards to non-Federal entities including state and local governments, Indian tribes, institutions of higher education, and nonprofit organizations. Parts of it may also apply to for-profit entities in limited circumstances and to foreign entities as described in this guidance and the Federal Acquisition Regulation. This guidance does not change or modify any existing statute or guidance otherwise based on any existing statute. This guidance does not supersede any existing or future authority under law or by executive order or the Federal Acquisition Regulation.

The Board, Bureau, FDIC, FHFA, NCUA, and OCC (collectively, the Agencies) are amending Regulation Z, which implements the Truth in Lending Act (TILA), and the official interpretation to the regulation. This final rule supplements a final rule issued by the Agencies on January 18, 2013, which goes into effect on January 18, 2014. The January 2013 Final Rule implements a provision added to TILA by the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd- Frank Act or Act) requiring appraisals for ``higher-risk mortgages.'' For certain mortgages with an annual percentage rate that exceeds the average prime offer rate by a specified percentage, the January 2013 Final Rule requires creditors to obtain an appraisal or appraisals meeting certain specified standards, provide applicants with a notification regarding the use of the appraisals, and give applicants a copy of the written appraisals used. On July 10, 2013, the Agencies proposed amendments to the January 2013 Final Rule implementing these requirements. Specifically, the Agencies proposed exemptions from the rules for transactions secured by existing manufactured homes and not land; certain streamlined refinancings; and transactions of $25,000 or less.

The United States Patent and Trademark Office (``USPTO'' or ``Office'') is convening a forum to discuss implementation of title I of the Patent Law Treaties Implementation Act of 2012 (``PLTIA''). The PLTIA amends the patent laws to implement the provisions of the 1999 Geneva Act of the Hague Agreement Concerning International Registration of Industrial Designs (``Hague Agreement'') and is to take effect on the entry into force of the Hague Agreement with respect to the United States. On November 29, 2013, the Office published a proposed rule in the Federal Register proposing changes to the rules of practice to implement title I of the PLTIA and seeking written comments on the proposals. The forum is an additional way for the public to learn about the Office's proposals in advance of the written comment deadline.

On October 25, 2013, the U.S. Department of Energy (DOE) published a notice of proposed rulemaking (NOPR) regarding energy conservation standards for residential furnace fans, with a comment period that was scheduled to close December 24, 2013. This document announces an extension of the time period for submitting comments on the NOPR. The comment period is extended 30 days.

The U.S. Nuclear Regulatory Commission (NRC), published, on December 16, 2009, a notice of availability and request for comment on the NRC's draft regulatory basis [previously known as the technical basis] document for a proposed rulemaking that would revise the security requirements for storing spent nuclear fuel (SNF) in an independent spent fuel storage installation (ISFSI), and for storing SNF and/or high-level radioactive waste (HLW) in a monitored retrievable storage installation (MRS). The draft regulatory basis, comments on the draft regulatory basis, and the NRC staff's responses to these comments, are located on the Federal e-Rulemaking Web site at https://www.rulemaking.gov under Docket ID: NRC-2009-0558 and copies may also be obtained using the other methods specified below.

The Coast Guard is revising its regulations to implement section 301 of the Coast Guard and Maritime Transportation Act of 2004. This Act authorized the Commandant to waive the statutory requirement to mark sunken vessels with a light at night if the Commandant determines that placing a light would be impractical and waiving the requirement would not create an undue hazard to navigation. The Commandant has delegated to the Coast Guard District Commander in whose district the sunken vessel is located the authority to grant this waiver.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the bascule span of the Route 71 Bridge across Shark River (South Channel), mile 0.8, at Belmar, NJ. The deviation is necessary to facilitate the replacement of motor seals and instrumentation on the drawbridge. This deviation allows the bridge to remain in the closed to navigation position during the rehabilitation project.

The Coast Guard is establishing a temporary safety zone for all waters of the Lower Mississippi River from mile marker 94.1 to mile marker 95.1 above head of passes (AHP). This safety zone is necessary to protect persons and vessels from potential safety hazards associated with a fireworks display in the Lower Mississippi River at mile marker 94.6 AHP. Entry into this zone is prohibited unless specifically authorized by the Captain of the Port New Orleans or a designated representative.

The FAA is correcting a direct final rule published on April 12, 2007 (72 FR 18556). In that rule, the FAA amended its regulations to revise the fee requirement for issuance of airman certificates. This document amends one paragraph that unintentionally expanded the FAA's ability to refuse issuance of airman certificates to U.S. citizens and resident aliens, removes two paragraphs that were inadvertently left in one subsection, and renumbers the paragraphs and revises cross- references accordingly.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. This SIP revision establishes carbon monoxide (CO) limited maintenance plans for the City of Manchester, New Hampshire and the City of Nashua, New Hampshire. As part of its limited maintenance plan, New Hampshire will continue year-round CO monitoring at the Londonderry Moose Hill station in Londonderry, New Hampshire with triggers to reestablish CO monitoring sites in Manchester and Nashua if elevated CO levels are recorded in Londonderry. Future carbon monoxide transportation conformity evaluations for Manchester and Nashua would for the length of their limited maintenance plans be considered to satisfy the regional emissions analysis and ``budget test'' requirements. This action is being taken under the Clean Air Act.

This proposed rule would increase the assessment rate established for the Florida Tomato Committee (Committee) for the 2013- 14 and subsequent fiscal periods from $0.024 to $0.0375 per 25-pound carton of tomatoes handled. The Committee locally administers the Federal marketing order, which regulates the handling of tomatoes grown in Florida. Assessments upon Florida tomato handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

This document contains proposed rules that would amend the regulations regarding excepted benefits under the Employee Retirement Income Security Act of 1974, the Internal Revenue Code, and the Public Health Service Act. Excepted benefits are generally exempt from the health reform requirements that were added to those laws by the Health Insurance Portability and Accountability Act and the Patient Protection and Affordable Care Act.

We propose to adopt a new airworthiness directive (AD) for all M7 Aerospace LLC Models SA226-AT, SA226-T, SA226-T(B), SA226-TC, SA227- AC (C-26A), SA227-AT, SA227-BC (C-26A), SA227-CC, SA227-DC (C-26B), SA227-TT, SA26-AT, and SA26-T airplanes. This proposed AD was prompted by reports of airplanes with multiple fatigue cracks in the FS 69.31 front pressure bulkhead. This proposed AD would require repetitively inspecting (visually) the FS 51.31 front pressure bulkhead on SA26 series airplanes and FS 69.31 front pressure bulkhead on SA226 and SA227 series airplanes for cracks, and repairing any cracked bulkhead. This proposed AD also requires reporting certain inspection results to M7 Aerospace LLC. We are proposing this AD to correct the unsafe condition on these products.

We propose to supersede airworthiness directive (AD) 2010-13- 04, which applies to certain Bombardier, Inc. Model DHC-8-400 series airplanes. AD 2010-13-04 requires modifying the nose landing gear (NLG) trailing arm. Since we issued AD 2010-13-04, we received a report of several missing or damaged pivot pin retention bolts. This proposed AD would require installing a new pivot pin retention mechanism. This proposed AD would also add airplanes to the applicability. We are proposing this AD to prevent failure of the pivot pin retention bolt, which could result in a loss of directional control or loss of a NLG tire during take-off or landing.

We are adopting a new airworthiness directive (AD) for certain Turbomeca S.A. Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, and 1S1 turboshaft engines. This AD requires a one-time inspection of the free turbine (FT) module (M04) for the affected Turbomeca S.A. Arriel 1 engines and, if a discrepancy is found, repair of the affected module. This AD was prompted by a ``chip illumination event'' in flight on a Turbomeca S.A. Arriel 1 engine. We are issuing this AD to prevent a loss of FT bearing lubrication, resulting in FT module failure, damage to the engine, and damage to the aircraft.

The Food and Drug Administration (FDA or we) is proposing to require domestic and foreign food facilities that are required to register under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) to address hazards that may be intentionally introduced by acts of terrorism. These food facilities would be required to identify and implement focused mitigation strategies to significantly minimize or prevent significant vulnerabilities identified at actionable process steps in a food operation. FDA is proposing these requirements as part of our implementation of the FDA Food Safety Modernization Act (FSMA). Further, as part of the proposal, FDA discusses an approach to addressing economically motivated intentional adulteration. We expect the proposed rule, if finalized as proposed, would help to protect food from intentional adulteration caused by acts of terrorism.

Pursuant to its authority under the Clean Air Act (CAA), EPA is taking final action to approve state implementation plan (SIP) submissions made by the Indiana Department of Environmental Management (IDEM) intended to meet the state board requirements under section 128 of the CAA. The proposed rule associated with this final action was published on August 19, 2013.

We are adopting a new airworthiness directive (AD) for certain AgustaWestland S.p.A. (Agusta) Model AB139 and AW139 helicopters. This AD requires inspecting the nose landing gear (NLG) pin installations for incorrect assembly. This AD is prompted by reports of incorrectly installed pins discovered on in-service aircraft. These actions are intended to detect incorrectly installed pins, which could result in collapse of the NLG during taxi or landing.

This action proposes special conditions for Airbus A350-900 series airplanes. These airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. These design features include a high-speed protection system. 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 issues this final rule to implement the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention), as well as the Seafarers' Training, Certification and Watchkeeping Code (STCW Code), to address the comments received from the public in response to the supplemental notice of proposed rulemaking (SNPRM), and to incorporate the 2010 amendments to the STCW Convention that came into force on January 1, 2012. In addition, this final rule makes other changes not required by the STCW Convention or Code, but necessary to reorganize, clarify, and update these regulations.

Effective October 1, 2013, the Department of Commerce (Department), through internal department organizational orders, changed the name of ``Import Administration'' to ``Enforcement and Compliance.'' Consistent with this action, this rule makes appropriate conforming changes in our regulations. The rule also sets forth a Savings Provision in SUPPLEMENTARY INFORMATION that preserves, under the new name, all actions taken under the name of Import Administration and provides that any references to Import Administration in any document or other communication shall be deemed to be references to Enforcement and Compliance.

This direct final rule makes administrative changes to correct organizational information and citations that have changed in a regulation that establishes NASA's small business policy and outlines the delegation of authority to implement this policy, as required by Federal law. The regulation is also being amended to include a reference to NASA's general policy for small business programs and NASA small business subcontracting plan and reporting information. The revisions to this rule are part of NASA's retrospective plan under EO 13563 completed in August 2011. NASA's full plan can be accessed at: https://www.nasa.gov/open/.