2013 – Federal Register Recent Federal Regulation Documents

This action proposes to amend Class E airspace at Hampton, IA. Decommissioning of the Hampton non-directional beacon (NDB) at Hampton Municipal Airport has made reconfiguration necessary for standard instrument approach procedures and for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

The Coast Guard will enforce a safety zone in the Captain of the Port Northern New England Zone on the specified date and time. This action is necessary to ensure the safety of participants, vessels and spectators from hazards associated with the swim event. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port.

We propose to adopt 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 proposed AD was prompted by a ``chip illumination event'' in flight on a Turbomeca S.A. Arriel 1 engine. This proposed AD would require 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. We are proposing this AD to prevent a loss of FT bearing lubrication, resulting FT module failure, damage to the engine, and damage to the aircraft.

FMCSA responds to the public comments to its June 5, 2012, notice of regulatory guidance concerning the hours-of-service requirements for oilfield operations, and the Agency announces its decision to retain the 2012 guidance. On June 5, 2012, FMCSA updated its April 4, 1997, regulatory guidance to explain the applicability of the ``Oilfield operations'' exceptions in 49 CFR 395.1(d) to the ``Hours of Service [HOS] of Drivers'' regulations, and requested comments on the additional language. FMCSA also held three ``listening sessions'' in Pennsylvania, Colorado, and Texas to accept public comments for the docket. Following a review of all comments, the Agency has determined that no further elaboration on the regulatory guidance is needed, at this time, and the Agency will continue to monitor the use of the two HOS oilfield exceptions in 49 CFR 395.1(d). The Agency also calls attention to 49 CFR part 381, which provides procedures for persons to apply for individual or class exemptions from certain regulations provided the exemption would achieve a level of safety that is equivalent to, or greater than, the level of safety that would be achieved absent the exemption. Therefore, motor carriers that believe the current oilfield operations exceptions do not provide sufficient relief for their operations should consider submitting an application for an exemption to the Agency describing an alternative that would ensure the requisite level of safety.

The Legal Services Corporation (LSC) is conducting two Rulemaking Workshops (Workshops), as noticed at 78 FR 27339 (May 10, 2013), and is requesting public comments on revising LSC's Private Attorney Involvement (PAI) rule to respond to Recommendation 2 of LSC's Pro Bono Task Force (PBTF) Report. The discussions in the Workshops and the other comments received will be considered in connection with rulemaking by LSC. On July 23, 2013, LSC hosted the first of the two Workshops. LSC solicits expression of interest in participating as a panelist in the second Workshop on September 17, 2013, from the recipient community, the organized bar, pro bono organizations, and other interested parties. In preparation for that workshop, LSC is publishing the additional questions below. Additionally, LSC is extending the deadline for comments and expressions of interest for that Workshop. The new deadline is August 28 at 5:30 p.m. Eastern Daylight Time. The final deadline for all comments in this stage of rulemaking remains October 17, 2013, at 5:30 p.m. Eastern Daylight Time.

EPA is taking final action to approve a portion of the State Implementation Plan (SIP) submission, submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), to demonstrate that the State meets the prevention of significant deterioration (PSD) related infrastructure requirements of the Clean Air Act (CAA or Act) for the 2008 Lead national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. TDEC certified that the Tennessee SIP contains provisions that ensure the 2008 Lead NAAQS are implemented, enforced, and maintained in Tennessee (hereafter referred to as ``infrastructure submission''). Tennessee provided to EPA an infrastructure submission on October 19, 2009, to address the infrastructure requirements for the 2008 Lead NAAQS, however the subject of this notice is limited to the PSD-related infrastructure elements. All other applicable Tennessee infrastructure elements have been addressed in a separate rulemaking.

ONRR proposes new regulations to implement the provisions of the Energy Policy Act of 2005 (EPAct) governing the payment of advance royalty on coal resources produced from Federal leases. The EPAct provisions amend the Mineral Leasing Act of 1920 (MLA). ONRR also proposes to add information collection requirements that are applicable to all solid minerals leases and also are necessary to implement the EPAct Federal coal advance royalty provisions.

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

We are superseding an existing airworthiness directive (AD) for all BRP-Powertrain GmbH & Co KG Rotax model 912 F2; 912 F3; 912 F4; 912 S2; 912 S3; 912 S4; 914 F2; 914 F3; and 914 F4 reciprocating engines. That AD required a one-time visual inspection for excessive oil or carbon deposits on the cylinder No. 2 and No. 3 (\2/3\) spark plug center and grounding electrodes, and if found, replacement of the cylinder head before further flight. This AD was prompted by a report that additional engine cylinder heads are likely to be affected. We are issuing this AD to prevent excessive oil consumption, which could result in an in-flight engine shutdown, forced landing, and damage to the airplane.

This rule requires that the final, comprehensive narrative account required in voluntary self-disclosures (VSDs) of violations of the Export Administration Regulations (EAR) be received by the Office of Export Enforcement (OEE) within 180 days of OEE's receipt of the initial VSD notification. This rule also authorizes the use of delivery services other than registered or certified mail for providing notice of the issuance of a charging letter instituting an administrative enforcement proceeding under the EAR. It also removes the phrase ``if delivery is refused'' from a provision related to determining the date that notice of a charging letter's issuance is served based on an attempted delivery to the respondent's last known address. The Bureau of Industry and Security is making these changes to be better able to resolve administrative enforcement proceedings in a timely manner and provide more efficient notice of administrative charging letters.

On July 15, 2013, the Coast Guard published a temporary deviation entitled ``Drawbridge Operation Regulation; Delaware River, NJ'' for the operating schedule that governs the bascule span of the Tacony-Palmyra Bridge, across the Delaware River, between the townships of Tacony, PA and Palmyra, NJ. The deviation cited incorrect vertical clearances in the navigable channel. This notice corrects that error.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the operation of the I64 Bridge across the Atlantic Intracoastal Waterway, South Branch of the Elizabeth River, mile 7.1, at Chesapeake, VA. This deviation is necessary to facilitate maintenance work on the moveable spans. This temporary deviation allows the drawbridge to remain in the closed to navigation position.

In this document, the Wireline Competition Bureau (Bureau) extends the deadline for filing comments and reply comments on section IV.B of the Further Notice of Proposed Rulemaking that was adopted on December 11, 2012 in the special access proceeding. This extension is necessary to allow time for the Federal Communications Commission (Commission) to collect data on the special access market prior to the submission of comments and replies.

We are proposing to allow, under certain conditions, the importation of commercial consignments of fresh papayas from Peru into the continental United States. The conditions for the importation of papayas from Peru would include requirements for approved production locations; field sanitation; hot water treatment; procedures for packing and shipping the papayas; and fruit fly trapping in papaya production areas. This action would allow for the importation of papayas from Peru while continuing to provide protection against the introduction of quarantine pests into the continental United States.

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, ``Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food,'' that appeared in the Federal Register of January 16, 2013. We are taking this action to allow interested persons an opportunity to consider the interrelationships between this proposal and the two proposals announced in July 2013 on the Foreign Supplier Verification Program and on Accreditation of Third-Party Auditors/ Certification Bodies. 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.

In this document, the Federal Communications Commission (Commission) sua sponte reconsiders one aspect of the recent Phase I Order and provides a limited waiver of the Phase I election deadline. The Commission now requires carriers to report updates to planned Phase I deployments to the Commission, relevant state commissions, and relevant Tribal governments.

This document contains corrections to final regulations and removal of temporary regulations (TD 9622) that were published in the Federal Register on Wednesday, July 3, 2013 (78 FR 39984). The final regulations provide necessary guidance regarding the accelerated inclusion of deferred discharge of indebtedness (also known as cancellation of debt (COD)) income (deferred COD income) and the accelerated deduction of deferred original issue discount (OID) (deferred OID deductions) under section 108(i)(5)(D) (acceleration rules), and the calculation of earnings and profits as a result of an election under section 108(i). In addition, these regulations provide rules applicable to all taxpayers regarding deferred OID deductions under section 108(i) as a result of a reacquisition of an applicable debt instrument by an issuer or related party.

The EPA is taking direct final action to approve a carbon monoxide (CO) Limited Maintenance Plan (LMP) for the Fairbanks Area, and associated revisions to sections of the Fairbanks Transportation Control Program, submitted by the State of Alaska (the State) as a revision to its State Implementation Plan (SIP) dated April 22, 2013. In accordance with the requirements of the Federal Clean Air Act (the Act), the EPA is approving this SIP revision because it demonstrates that the Fairbanks Area will maintain the CO National Ambient Air Quality Standards (NAAQS) through the second 10-year maintenance period.

EPA is taking final action to disapprove a portion of a State Implementation Plan (SIP) submission from the State of Utah that is intended to demonstrate that its SIP meets certain interstate transport requirements of the Clean Air Act (``Act'' or ``CAA'') for the 2006 fine particulate matter (``PM2.5'') National Ambient Air Quality Standards (NAAQS). Specifically, EPA is disapproving the portion of the Utah SIP submission that addresses the CAA requirement prohibiting emissions from Utah sources from significantly contributing to nonattainment of the 2006 PM2.5 NAAQS in any other state or interfering with maintenance of the 2006 PM2.5 NAAQS by any other state. Under a recent court decision, this disapproval does not trigger an obligation for EPA to promulgate a Federal Implementation Plan (FIP) to address these interstate transport requirements.

This regulation establishes an exemption from the requirement of a tolerance for residues of propylene glycol (CAS Reg. No. 57-55-6) when used as an inert ingredient in antimicrobial formulations applied to food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils under our regulations. Exponent on behalf of Ecolab, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA) requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of propylene glycol.

In this document, the Commission clarifies the rules regarding the certification and use of Terrestrial Trunked Radio (TETRA) equipment in response to a petition for clarification and/or reconsideration filed by Motorola Solutions, Inc. In essence, the Commission clarifies that the rules as enacted reflect the Commission's intent. Accordingly, there is no change to the CFR.

The Coast Guard is amending special local regulations for annual regattas and marine parades in the Captain of the Port Lake Michigan Zone. This rule is intended to provide for the safety of life and property on navigable waters immediately prior to, during, and immediately after regattas or marine parades. This rule will establish restrictions upon, and control the movement of, vessels in a portion of the Captain of the Port Lake Michigan Zone.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Grassy Sound Channel Bridge (Ocean Drive) across Grassy Sound, mile 1.0, at Middle Township, NJ. The deviation is necessary to accommodate the ``Tri the Wildwoods Triathlon and 5k'' event. This temporary deviation allows the bridge draw span to remain in the closed to navigation position for 4 hours during the event.

The Coast Guard proposes rate adjustments for pilotage services on the Great Lakes, which were last amended in February 2013. The proposed adjustments would establish new base rates and are made in accordance with a full ratemaking procedure. The proposed update reflects the Coast Guard exercising the discretion provided by Step 7 of the Appendix A methodology. The result is an upward adjustment to match the rate increase of the Canadian Great Lakes Pilotage Authority. We also propose adjusting weighting factors used to determine rates for vessels of different size, providing a procedure for temporary surcharges, and including dues paid to the American Pilots Association. This notice of proposed rulemaking promotes the Coast Guard's strategic goal of maritime safety.

The Office of Natural Resources Revenue (ONRR) is proposing new regulations to implement section 6(d) of the Federal Oil and Gas Royalty Simplification and Fairness Act of 1996. The new regulations would prescribe when a Federal lessee must report and pay royalties on the volume of oil and gas it takes from a lease or on the volume to which it is entitled based on its ownership interest in the lease.