2013 – Federal Register Recent Federal Regulation Documents

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe (BNSF) Chambers Creek Railway Bridge across Chambers Creek, mile 0.0, at Steilacoom, WA. The deviation is necessary to allow BNSF to perform maintenance and upgrade items to this vertical lift bridge in support of Positive Train Control requirements per the Rail Safety Improvement Act of 2008. This will require locking the bridge in the closed position and locking out the power to the drive system while the work is conducted. This deviation allows the bridge to remain in the closed position for 45 days during the maintenance and upgrade work.

NMFS announces that the 2013 summer flounder commercial quota allocated to the State of New Jersey has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in New Jersey for the remainder of calendar year 2013, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise New Jersey that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing summer flounder in New Jersey.

This regulatory guidance addresses application of the 30- minute break rule to interstate drivers of commercial motor vehicles (CMVs) who begin their duty days as ``short haul'' drivers exempt from the break rule, but who occasionally exceed the short haul distance or time limits. Such drivers are then subject to the break requirement and must prepare a record-of-duty-status (RODS) for the day. The intent of the break rule would be satisfied if drivers in these situations take a break at the earliest safe opportunity after exceeding the short haul limits and explain in a RODS annotation why the rest break was not taken within the required 8 hours of the last off-duty break of at least 30 minutes.

The Coast Guard is establishing a temporary safety zone on the Menominee River in Marinette, Wisconsin. This zone is intended to restrict vessels from a portion of the Menominee River during the launching of a 400-foot vessel from Marinette Marine Corporation on December 18, 2013. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the launching of a large vessel.

In this document, the Wireline Competition Bureau seeks to further develop the record on several implementation issues regarding the transition from Connect America Phase I to Phase II.

The Gulf of Mexico (Gulf) and South Atlantic Fishery Management Councils (Councils) have submitted a Generic Amendment to the Fishery Management Plans (FMPs) in the Gulf and South Atlantic Regions (Generic Dealer Amendment) for review, approval, and implementation by NMFS. The Generic Dealer Amendment amends the following FMPs: Reef Fish Resources and the Red Drum Fishery of the Gulf; the Snapper-Grouper Fishery (including wreckfish), the Golden Crab Fishery, and the Shrimp Fishery (excluding penaeid shrimp) of the South Atlantic Region; the Dolphin and Wahoo Fishery of the Atlantic; and Coastal Migratory Pelagic (CMP) Resources and the Spiny Lobster Fishery of the Gulf and South Atlantic. The Generic Dealer Amendment would modify the permitting and reporting requirements for seafood dealers who first receive species managed by the Councils through the previously mentioned FMPs. These revisions would create a single dealer permit for dealers who first receive fish managed by the Councils, require both purchase and non-purchase reports to be submitted online on a weekly basis, not authorizing dealers to purchase fish from federally-permitted vessels if they are delinquent in submitting reports, and modify the sale and purchase provisions based on the new dealer permitting requirements. The intent of the amendment is to obtain timelier purchase information from dealers to help reduce annual catch limit (ACL) underages and overages, and achieve optimum yield in accordance with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by: Requiring exporters to file an Automated Export System (AES) record for all exports subject to the EAR involving a party or parties to the transaction who are listed on the Unverified List (the ``Unverified List'' or UVL); suspending the availability of license exceptions for exports, reexports, and transfers (in-country) involving a party or parties to the transaction who are listed on the UVL; requiring exporters, reexporters, and transferors to obtain a UVL statement from a party or parties to the transaction who are listed on the UVL before proceeding with exports, reexports, and transfers (in-country) involving items subject to the EAR, but where the item does not require a license, i.e., No License Required (NLR); publishing the UVL in the EAR; and adding to the EAR the procedures to request removal or modification of a UVL entry. These changes to the UVL enhance the U.S. Government's ability to verify the bona fides of parties to exports, reexports, or transfers (in-country) of items subject to the EAR and provide the U.S. Government increased visibility into such exports, reexports, and transfers involving persons whose bona fides could not be verified.

This action closes the Gulf of Maine (GOM) haddock Trimester Total Allowable Catch (TAC) Area for Trimester 3, from January 1, 2014, through April 30, 2014, to common pool vessels, because the Trimester 3 TAC for GOM haddock has already been exceeded due to an overage in Trimester 1. This action is intended to prevent the overharvest of the common pool's allocation of GOM haddock.

This action proposes to establish two RNAV routes; modify three RNAV routes; and remove one RNAV route in the Charlotte, NC, area. The route changes are proposed to support the Charlotte Optimization of Airspace and Procedures in a Metroplex (OAPM) project. The proposed routes, in combination with existing VOR Federal airways, would provide additional routing options through and around the Metroplex airspace.

This action proposes to amend the description of Area G of the Philadelphia Class B airspace area to correct a design error that resulted in the Class B airspace being published 2.1 nautical miles (NM) larger on the southeast side of the area than intended. No other changes to the Philadelphia Class B airspace are being proposed.

In this notice of proposed rulemaking, the Federal Deposit Insurance Corporation (``FDIC'') proposes to rescind and remove a regulation entitled ``Disclosure and Reporting of CRA-Related Agreements.'' This regulation was included in the regulations that were transferred to the FDIC from the Office of Thrift Supervision (``OTS'') on July 21, 2011, in connection with the implementation of applicable provisions of Title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''). The requirements for State savings associations in the rescinded regulation are substantively similar to those in another regulation also entitled ``Disclosure and Reporting of CRA-Related Agreements,'' which is applicable for all insured depository institutions (``IDIs'') for which the FDIC has been designated the appropriate Federal banking agency. Upon removal of the rescinded regulation entitled ``Disclosure and Reporting of CRA-Related Agreements,'' regulations applicable for all IDIs for which the FDIC has been designated the appropriate Federal banking agency will be found at the regulation also entitled ``Disclosure and Reporting of CRA-Related Agreements.''

The Environmental Protection Agency (EPA) is taking direct final action to amend the Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007. This direct final rule amends the definition of ``delayed coking unit'' by removing process piping and associated equipment (pumps, valves, and connectors) from the definition. This final rule also removes a redundant definition of ``delayed coking unit'' from the rule text.

EPA issued documents in the Federal Register of July 25, 2012, and January 16, 2013, concerning a new active ingredient (AI) and several pesticide petitions (PP) filed for residues of pesticide chemicals. The name of an AI was changed during the registration assessment process. This document corrects the name of an AI and also corrects a PP number.

This document announces the reapportionment of 30,000 mt of Pacific whiting from the tribal allocation to the non-tribal commercial fishery allocations. This action is intended to allow for full utilization of the resource.

The Postal Service is revising Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) to require the use of Intelligent Mail[supreg] package barcodes (IMpb) on all commercial parcels, and to require the transmission of supporting electronic documentation including piece-level address or ZIP+4[supreg] Code information. Included in these new requirements is a per-piece price adjustment for mailpieces not complying with the IMpb standards. The Postal Service is also adding DMM reference to a future requirement to use a complete destination delivery address or an 11-digit delivery point validated ZIP Code TM in the mailer's electronic documentation.

This regulation establishes tolerances for residues of endothall in or on apple and apple, pomace. United Phosphorus, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Board of Governors of the Federal Reserve System (Board) is adopting a final rule that revises its market risk capital rule (market risk rule) to address recent changes to the Country Risk Classifications (CRCs) published by the Organization for Economic Cooperation and Development (OECD), which are referenced in the Board's market risk rule; to clarify the treatment of certain traded securitization positions; to make a technical amendment to the definition of covered position; and to clarify the timing of the required market risk disclosures. These changes conform the Board's current market risk rule to the requirements in the Board's new capital framework and thereby allow the current market risk rule to serve as a bridge until the new capital framework becomes fully effective for all banking organizations.

The Department of Veterans Affairs (VA) proposes to clarify, reorganize, and rewrite in plain language its regulations that govern entitlement to monetary burial benefits, which include burial allowances for service-connected and non-service-connected deaths, a plot or interment allowance, and reimbursement of transportation expenses. The amendments would also establish rules to support VA's automated payment of burial allowances to surviving spouses, conversion to flat-rate burial and plot or interment allowances that are equal to the maximum benefit authorized by law, and priority of payment to non- spouse survivors.

This action proposes special conditions for the Airbus Model A350-900 series airplanes. These airplanes will have a novel or unusual design feature(s) associated with control surface awareness and mode annunciation provided by the electronic flight control 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.

This action proposes special conditions for Airbus Model A350- 900 series airplanes. These airplanes will have a novel or unusual design feature associated with electronic system security protection from unauthorized external access. 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.

This action proposes special conditions for the Airbus Model A350-900 series airplanes. These airplanes will have a novel or unusual design feature associated with side stick controllers which require limited pilot force because they are operated by only one hand. 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.

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

NMFS apportions amounts of the non-specified reserve to the initial total allowable catch of Bering Sea Greenland turbot and Bering Sea and Aleutian Islands (BSAI) Alaska plaice and the total allowable catch of BSAI sculpins and BSAI skates in the BSAI management area. This action is necessary to allow the fisheries to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI management area.

In this document the Federal Communications Commission (Commission) improves its ability to monitor problems with completing calls to rural areas, and enforce restrictions against blocking, choking, reducing, or restricting calls. The Report and Order applies the new rules to providers of long-distance voice service that make the initial long-distance call path choice for more than 100,000 domestic retail subscriber lines, counting the total of all business and residential fixed subscriber lines and mobile phones and aggregated over all of the providers' affiliates (referred to herein as ``covered providers''). In most cases, this is the calling party's long-distance provider. Covered providers include LECs, interexchange carriers (IXCs), commercial mobile radio service (CMRS) providers, and VoIP service providers. These rules do not apply to intermediate providers. Covered providers must file quarterly reports and retain the call detail records for at least six calendar months. The Report and Order also allows qualifying providers to certify that they meet the conditions for a Safe Harbor that would reduce reporting and retention obligations. In addition, the Commission has delegated to the Wireline Competition Bureau, in consultation with the Enforcement Bureau, the authority to act on requests from qualified providers for waiver of these rules. The Report and Order also adopts a rule prohibiting all originating and intermediate providers from causing audible ringing to be sent to the caller before the terminating provider has signaled that the called party is being alerted.

The Coast Guard proposes to temporarily change the operating schedule that governs the S37 Bridge, at NJICW mile 14.1 over Barnegat Bay, at Seaside Heights, NJ. Over the span of two and half years, the bridge will be closed to navigation for three four-month closure periods. Extensive replacement of parts and repairs to the bridge necessitate these closures.