2013 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), announce a 6-month extension of the final determination of whether to list four subspecies of Mazama pocket gopher (Roy Prairie, Olympia, Tenino, and Yelm) as threatened and reopen the comment period on the proposed rule to list and designate critical habitat for the four subspecies. We are taking this action because there is substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the proposed listing and critical habitat rule, making it necessary to solicit additional information by reopening the comment period for 45 days. In addition, we are considering broadening the scope of the special rule for the four subspecies proposed under section 4(d) of the Endangered Species Act, and specifically seek public comment on this issue.

The agency is proposing to amend the Federal motor vehicle safety standard (FMVSS) on lamps, reflective devices, and associated equipment to allow the license plate mounting surface on motorcycles to be at an angle of up to 30 degrees beyond vertical. Adoption of this proposal would increase manufacturer design flexibility without compromising safety or increasing costs. In addition, it would also make the requirements of the standard more in line with European regulations.

The U.S. Department of Energy (DOE) is initiating the rulemaking and data collection process to consider amending the energy conservation standards for commercial packaged boilers. This rulemaking will satisfy the statutory requirement for DOE to review energy conservation standards for covered equipment every six years to determine whether such standards should be amended. After concluding its initial review of the available information and public comments, DOE will publish either a notice of the determination that standards do not need to be amended, or a notice of proposed rulemaking including new proposed standards. To inform interested parties and to facilitate this process, DOE has prepared a Framework Document that details the analytical approach and scope of coverage for the rulemaking, and identifies several issues about which DOE is particularly interested in receiving comments. DOE will hold a public meeting to discuss and receive comments on its planned analytical approach and the issues it will address in this rulemaking proceeding. DOE welcomes written comments and relevant data from the public on any subject within the scope of this rulemaking. A copy of the Framework Document is available at: https://www1.eere.energy.gov/buildings/appliancestandards/ product.aspx/productid/74.

We, the U.S. Fish and Wildlife Service, announce a 12-month finding on a petition to reclassify Hesperocyparis abramsiana (=Cupressus abramsiana) (Santa Cruz cypress) as threatened under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that reclassifying Santa Cruz cypress as threatened is warranted, and therefore, we propose to reclassify Santa Cruz cypress as threatened under the Act. We also propose to correct the scientific name of Santa Cruz cypress on the List of Endangered and Threatened Plants. We are seeking information and comments from the public regarding this proposed rule and 12-month finding.

This document revises the list of vehicles not originally manufactured to conform to the Federal Motor Vehicle Safety Standards (FMVSS) that NHTSA has decided to be eligible for importation. This list is published in an appendix to the agency's regulations that prescribe procedures for import eligibility decisions. The list has been revised to add all vehicles that NHTSA has decided to be eligible for importation since October 1, 2012, and to remove all previously listed vehicles that are now more than 25 years old and need no longer comply with all applicable FMVSS to be lawfully imported. NHTSA is required by statute to publish this list annually in the Federal Register.

The Coast Guard will enforce a Special Local Regulation for the Clarksville Riverfest marine event on the Cumberland River mile markers 125.0-126.0 from 8:00 a.m. until 1:00 p.m. on September 7, 2013. This action is necessary to safeguard participants and spectators, including all crews, vessels, and persons on navigable waters, during the Clarksville Riverfest marine event. During the enforcement period, entry into, transiting or anchoring in the Special Local Regulation is prohibited to all vessels not registered with the sponsor as participants or official patrol vessels, unless specifically authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative.

EPA is proposing to approve a maintenance plan update for the Lake County, Indiana sulfur dioxide (SO2) maintenance area. This plan update demonstrates that Lake County will maintain attainment of the 1971 SO2 national ambient air quality standard (NAAQS) through 2025. This maintenance plan update satisfies section 175A of the Clean Air Act (Act), and is consistent with the September 26, 2005, approval of the State's redesignation request and maintenance plan for the Lake County, Indiana SO2 area.

In this document, the Commission seeks comment on further possible actions necessary to improve internet protocol captioned telephone relay service (IP CTS), to ensure that it is used exclusively by eligible individuals, and to develop a better methodology for calculating the compensation rate paid to IP CTS providers. This action is necessary to ensure that persons with hearing disabilities have access to relay services that address their unique needs, in furtherance of the objectives of section 225 of the Communications Act of 1934, as amended (Act), to provide relay services in a manner that is functionally equivalent to conventional telephone voice services, while at the same time protecting the interstate telecommunications relay service (TRS) Fund for all forms of TRS.

We are adopting a new airworthiness directive (AD) for certain Rolls-Royce plc (RR) RB211-524B-02; -524B2-19; -524B3-02; -524B4-02; - 524C2-19; -524D4-19; -524D4-B-19; -524D4-39; -535C-37; -535E4-37; - 535E4-B-37, and -535E4-B-75 turbofan engines, and all RB211-524G2-19; - 524G3-19; -524H2-19; and -524H-36 turbofan engines. This AD requires a one-time inspection of the front combustion liner (FCL) metering panel to determine if it is made from N75 material and, if so, replacing it with an FCL made from C263 material. This AD was prompted by the discovery of a cracked and distorted FCL metering panel, which was made from N75 material. We are issuing this AD to prevent hot gases from burning through the engine casing, which could result in an under-cowl fire and damage to the airplane.

This final rule implements provisions of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (collectively referred to as the Affordable Care Act). Specifically, this final rule outlines Exchange standards with respect to eligibility appeals, agents and brokers, privacy and security, issuer direct enrollment, and the handling of consumer cases. It also sets forth standards with respect to a State's operation of the Exchange and Small Business Health Options Program (SHOP). It generally is finalizing previously proposed policies without change.

EPA is proposing to approve a State Implementation Plan (SIP) submittal from the State of Delaware pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. Delaware has made a submittal addressing the infrastructure requirements for the 2008 8-hour ozone NAAQS. This action proposes to approve portions of this submittal.

This document cancels a public hearing on proposed regulations that provide guidance to Blue Cross and Blue Shield organizations, and certain other health care organizations, on computing and applying the medical loss ratio added to the Internal Revenue Code by the Patient Protection and Affordable Care Act.

The U.S. Office of Personnel Management is issuing proposed regulations to amend its current regulations on compensatory time off for religious observances. The proposal would clarify employee and agency responsibilities, provide timeframes for earning and using religious compensatory time off, and define key terms. In addition, we are making other miscellaneous changes in the pay and leave area.

The Coast Guard is establishing a regulated navigation area (RNA) on the navigable waters of the Kennebec River surrounding the Maine Kennebec Bridge between Richmond, ME, and Dresden, ME. This RNA allows the Coast Guard to enforce speed and wake restrictions and prohibit all vessel traffic through the RNA during bridge replacement operations, both planned and unforeseen, that could pose an imminent hazard to persons and vessels operating in the area. This rule is necessary to provide for the safety of life on the navigable waters during the replacement of the bridge. The Coast Guard is issuing this temporary rule due to the exigent circumstances and invites comments to modify or amend the rule as necessary.

The Coast Guard is establishing temporary safety zone in the waters of Lake Erie, Put-In-Bay, Ohio. This zone is intended to restrict vessels from a portion of Lake Erie during the Battle of Lake Erie Fireworks. This temporary safety zone is necessary to protect people and vessels from the hazards associated with this event.

The Coast Guard is revising the operating schedule that governs the Winneconne Highway Bridge at Mile 2.4, and the Canadian National Railroad Bridge at mile 27.8, both over the Wolf River. A review of the current regulation was requested by the Wisconsin Department of Transportation (WDOT) and the Canadian National Railroad.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the draw of the US40-322 (Albany Avenue) Bridge across Inside Thorofare, NJICW mile 70.0, at Atlantic City, NJ. The deviation allows the bridge to remain in the closed position to vessels requesting a bridge opening in order to accommodate the 3rd Annual Atlantic City Triathlon.

This document contains proposed regulations relating to the requirements for filing certain employee retirement benefit plan statements, returns, and reports on magnetic media. The term magnetic media includes electronic filing, as well as other magnetic media specifically permitted under applicable regulations, revenue procedures, publications, forms, instructions, or other guidance on the IRS.gov Internet Web site. These regulations would affect plan administrators and employers maintaining retirement plans that are subject to various employee benefit reporting requirements under the Internal Revenue Code (Code).

We are requesting your comments on whether and how we should revise the criteria in our Listing of Impairments (listings) for evaluating hearing loss and disturbances of labyrinthine-vestibular function in adults and children. We are requesting your comments as part of our ongoing effort to ensure that our listings reflect current medical knowledge. If we propose specific revisions, we will publish a notice of proposed rulemaking in the Federal Register.

The Secretary of Education and the Secretary of Health and Human Services (hereafter ``the Secretaries'') announce priorities, requirements, definitions, and selection criteria for the Race to the TopEarly Learning Challenge (RTT-ELC) program. The Secretaries may use one or more of these priorities, requirements, definitions, and selection criteria for competitions in fiscal year (FY) 2013 and later years. The U.S. Department of Education (ED) and the U.S. Department of Health and Human Services (HHS) (collectively, ``the Departments'') conducted the first competition under the RTT-ELC program in FY 2011 and awarded grants to nine States. In FY 2012, the Departments funded the five next highest-rated applicants on the slate of high-scoring applications from the FY 2011 competition. In order to maintain the overall purpose and structure of the FY 2011 RTT-ELC competition in future competitions, these final priorities, requirements, definitions, and selection criteria are almost identical to the ones used in the FY 2011 competition, with the exception of small language clarifications and eight substantive changes from the prior competition.

On July 10, 2013 the U.S. Department of Energy (DOE) published a final rule in the Federal Register that amended the test procedure for residential furnaces and boilers (78 FR 41265). Due to drafting errors, that document incorrectly redesignated several subsections in section 10 of the DOE test procedure regulation for those products in the Code of Federal Regulations (CFR). This final rule corrects those errors and updates related cross-references to reflect the revised section numbers in section 10.

The Office of Workers' Compensation Programs (OWCP) published a direct final rule in the Federal Register on June 13, 2013, updating existing film-radiograph standards and providing parallel standards for submission of digital radiographs in connection with claims filed under the Black Lung Benefits Act. The comment period closed on August 12, 2013. OWCP is withdrawing the direct final rule because the agency received significant adverse comment.

EPA is taking direct final action to approve revisions to the Placer County Air Pollution Control District (PCAPCD), Santa Barbara County Air Pollution Control District (SBCAPCD) and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from adhesives and sealants. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL- 600-2E25 (Regional Jet Series 1000) airplanes. This AD was prompted by reports of erratic pitch movement and oscillatory behaviors of the elevator control system. This AD requires repetitive replacement of the bellcrank supports on the inner rear spar of the horizontal stabilizer with new, improved bellcrank supports. We are issuing this AD to prevent erratic pitch movement and transient accelerations, which could result in a significant pitch upset, and injuries to passengers and flightcrew.

We are adopting a new airworthiness directive (AD) for all Airbus Model A330-200 Freighter series airplanes; Model A330-200 and - 300 series airplanes, and Model A340-200 and -300 series airplanes. This AD was prompted by reports of cracked adjacent frame forks of a forward cargo door. This AD requires repetitive detailed inspections for cracks and sheared, loose, or missing rivets of the forward cargo door and, for certain airplanes, of the aft cargo door, and repair if necessary. We are issuing this AD to detect and correct cracked or ruptured cargo door frames, which could result in reduced structural integrity of the forward or aft cargo door.