2013 – Federal Register Recent Federal Regulation Documents

EPA is proposing to partially approve and partially disapprove the State Implementation Plan (SIP) submissions from the State of Utah to demonstrate that the SIP meets the infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for particulate matter less than or equal to 2.5 micrometers ([mu]m) in diameter (PM2.5) on July 18, 1997 and on October 17, 2006. The CAA requires that each state, after a new or revised NAAQS is promulgated, review their SIP to ensure that it meets the requirements of the ``infrastructure elements'' necessary to implement the new or revised NAAQS. The State of Utah provided infrastructure submissions for the 1997 and 2006 PM2.5 NAAQS, dated April 17, 2008 and September 21, 2010, respectively. We propose to disapprove the submissions with respect to the requirements for state boards and to approve the remaining submissions that we have not already acted on. We also propose to approve portions of a submission from the State which was received by EPA on March 19, 2012. This submission revises Utah's Prevention of Significant Deterioration (PSD) program to meet Federal requirements as they existed on July 1, 2011, including required elements of EPA's 2008 PM2.5 New Source Review (NSR) Implementation Rule and 2010 PM2.5 Increment Rule. EPA acted separately on the State's submissions to meet certain interstate transport requirements of the CAA for the 2006 PM2.5 NAAQS.

EPA is proposing to approve revisions to the Maricopa County Area portion of the Arizona State Implementation Plan (SIP). These revisions concern particulate matter (PM) emissions from fugitive dust sources. We are approving local statutes that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

On December 14, 2011, the Commodity Futures Trading Commission (``Commission'' or ``CFTC'') issued in the Federal Register an interpretation (``Interpretation'') regarding the meaning of the term ``actual delivery,'' as set forth in the Commodity Exchange Act. The Commission also requested public comment on whether the Interpretation accurately construed the statutory language. In response to the comments received, the Commission has determined to clarify its Interpretation.

NMFS is prohibiting directed fishing for arrowtooth flounder in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2013 arrowtooth flounder initial total allowable catch (ITAC) in the BSAI.

DOE is amending its regulations which set forth the procedures for processing complaints by employees of DOE contractors alleging retaliation by the employers for disclosure of certain information, for participation in congressional proceedings, or for refusal to participate in dangerous activities, and which set forth the procedures for resolving questions concerning eligibility for DOE authorization to access classified matter or special nuclear material by replacing the term ``Hearing Officer'' with ``Administrative Judge.''

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect the withdrawal of approval of three new animal drug applications (NADAs) at the sponsors' request because the products are no longer manufactured or marketed.

In this document the Commission revises its Schedule of Regulatory Fees to recover an amount of $339,844,000 that Congress has required the Commission to collect for fiscal year 2013. Section 9 of the Communications Act of 1934, as amended, provides for the annual assessment and collection of regulatory fees under sections 9(b)(2) and 9(b)(3), respectively, for annual ``Mandatory Adjustments'' and ``Permitted Amendments'' to the Schedule of Regulatory Fees.

This action amends Class E Airspace at Dayton, TN, as the Hardwick Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures (SIAPs) have been developed at Mark Anton Airport. Also, Hardwick Field Airport has closed; therefore, the controlled airspace area is removed. This action also establishes Class E Airspace at Cleveland Regional Jetport, Cleveland, TN, to accommodate area navigation (RNAV) global positioning system (GPS) SIAPs at the airport. Information regarding Bradley Memorial Hospital is added to the Cleveland, TN, airspace description and removed from both the Dayton, TN, regulatory text as well as its listing as Bradley Memorial Hospital, Cleveland, TN, to correct an erroneous reference.

This action amends Class D and E Airspace at Wrightstown, NJ, by updating the geographic coordinates and changing the city identifier of McGuire Air Force Base (AFB) to aid in the navigation of our National Airspace System. This action is necessary for the continued safety and management of instrument flight rules (IFR) operations within the Wrightstown, NJ airspace area.

The FMCSA amends its regulations to require interstate motor carriers, freight forwarders, brokers, intermodal equipment providers (IEPs), hazardous materials safety permit (HMSP) applicants, and cargo tank facilities under FMCSA jurisdiction to submit required registration and biennial update information to the Agency via a new electronic on-line Unified Registration System (URS). FMCSA establishes fees for the registration system, discloses the cumulative information to be collected in the URS, and provides a centralized cross-reference to existing safety and commercial regulations necessary for compliance with the registration requirements. The final rule implements statutory provisions in the ICC Termination Act of 1995 (ICCTA) and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, 2005 (SAFETEA-LU). The URS will streamline the registration process and serve as a clearinghouse and depository of information on, and identification of, motor carriers, brokers, freight forwarders, IEPs, HMSP applicants, and cargo tank facilities required to register with FMCSA.

The Board of Governors of the Federal Reserve System (Board) is adopting a final rule to implement section 318 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). Section 318 directs the Board to collect assessments, fees, or other charges equal to the total expenses the Board estimates are necessary or appropriate to carry out the supervisory and regulatory responsibilities of the Board for bank holding companies and savings and loan holding companies with total consolidated assets of $50 billion or more and nonbank financial companies designated for Board supervision by the Financial Stability Oversight Council.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 727, 727C, 727-100, 727-100C, 727-200, and 727- 200F series airplanes. This AD was prompted by a structural re- evaluation by the manufacturer, which identified elements within the wing trailing edge flap area that qualify as structural significant items (SSIs). This AD requires revising the maintenance inspection program to include inspections that will give no less than the required damage tolerance rating (DTR) for certain SSIs, and repairing any cracked structure. We are issuing this AD to detect and correct fatigue cracking of the wing trailing edge structure, which could result in compromised structural integrity of the airplane.

We are adopting a new airworthiness directive (AD) for ECD Model MBB-BK 117 C-2 helicopters. This AD requires inspecting the rigging of the power-boosted control system and, if there is a nonparallel gap between the rigging wedges and the inner sleeves, performing a rigging procedure. This AD was prompted by the discovery, during rigging of the main rotor controls, of movement of the longitudinal main rotor actuator piston after shut-down of the external pump drive. Such movement could cause incorrect rigging results. The actions of this AD are intended to prevent incorrect rigging results, which could impair freedom of movement of the upper controls and subsequent reduced control of the helicopter.

We are adopting a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model EC120B and EC130B4 helicopters with a certain emergency flotation gear (float) installed. This AD requires inspecting the float for chafing of the fabric covering and adding protectors to the float installation to prevent contact between the float and the protruding sections of the installation. This AD was prompted by a report of a float that would not inflate during overhaul because one of the float compartments was punctured due to chafing. The actions of this AD are intended to prevent failure of float and subsequent loss of control of the helicopter during an emergency water landing.

The Occupational Safety and Health Review Commission invites the public to comment on the potential development of an alternative dispute resolution program at the review level.

This action proposes to amend Class D and Class E airspace, and establish Class E airspace at Salisbury-Ocean City Wicomico Regional Airport, Salisbury, MD, due to the decommissioning of the Salisbury VHF Omnidirectional Radio Range Tactical Air Navigation Aid (VORTAC) and cancellation of the VOR approach. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport. This action also would update the airport's geographic coordinates, and change the Class D city designator.

This action proposes to amend Class E Airspace at Olean, NY, as the Olean Non-Directional Beacon (NDB) has been decommissioned, requiring airspace redesign at Cattaraugus County-Olean Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport. This action also would update the geographic coordinates of the airport.

This action proposes to amend Class E Airspace at Macon, GA, as the Bay Creek NDB has been decommissioned and airspace reconfiguration is necessary for the safety and airspace management of Instrument Flight Rules (IFR) operations at Perry-Houston County Airport. This action also would amend controlled airspace and update the name and geographic coordinates of Macon Downtown Airport and amend controlled airspace for Middle Georgia Regional Airport.

This rule amends the structure of the Administrative Committee (Committee) of the U.S. Potato Board (Board) and deletes the Board's mailing address from the Potato Research and Promotion Plan. The Plan is administered by the Board with oversight by the U.S. Department of Agriculture (USDA). Under the Plan, there are seven Committee Vice- Chairperson positions. The Board has recommended that these positions be increased to nine. This change is intended to facilitate increased involvement in the Board's leadership opportunities. Further, the Board's office has been relocated and the address must be changed in the regulations. The deletion of the Board's mailing address from the regulations will require no further amendment to the regulations if the Board's office is relocated again.

This proposed rule would revise the United States Standards for Grades of Onions (Other Than Bermuda-Granex-Grano and Creole Type) and the United States Standards for Grades of Bermuda-Granex-Grano Type Onions which were issued under the Agricultural Marketing Act of 1946. The Agricultural Marketing Service (AMS) is proposing to amend the ``similar varietal characteristic'' and ``one type'' requirements to allow mixed colors of onions when designated as a mixed or specialty pack. The purpose of this revision is to update and revise the standards to more accurately represent today's marketing practices and to provide the industry with greater flexibility.

This proposed rule would amend the U.S. Department of Agriculture's (USDA's) National List of Allowed and Prohibited Substances (National List) to reflect recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on May 25, 2012 and October 18, 2012. The recommendations addressed in this proposed rule pertain to establishing exemptions (uses) for one substance in organic crop production and two substances in organic processing. Consistent with the recommendations from the NOSB, this proposed rule would add the following substances, along with any restrictive annotations, to the National List: biodegradable biobased mulch film; Citrus hystrix, leaves and fruit; and curry leaves (Murraya koenigii). This action also proposes a new definition for biodegradable biobased mulch film. This proposed rule would also remove two listings for nonorganic agricultural products on the National List, hops (Humulus lupulus) and unmodified rice starch, as their use exemptions expired on January 1, 2013, and June 21, 2009, respectively.

This rule implements legislation that directs the Department of the Interior to establish permits and reasonable fees for commercial filming activities or similar projects and certain still photography activities.

EPA published a final rule in the Federal Register on July 25, 2013, disapproving a Wisconsin State Implementation Plan revision pertaining to permitting requirements relating to particulate matter of less than 2.5 micrometers (PM2.5). An error in the amendatory instruction is identified and corrected in this action.

NMFS proposes to specify an annual catch limit of 346,000 lb for Deep 7 bottomfish in the main Hawaiian Islands for the 2013-14 fishing year. If and when the annual catch limit is projected to be reached, NMFS would close the commercial and non-commercial fisheries for MHI Deep 7 bottomfish for the remainder of the fishing year. The proposed specifications and fishery closure support the long-term sustainability of Hawaii bottomfish.