2013 – Federal Register Recent Federal Regulation Documents

The Board is proposing to define ``small business'' for the purpose of RFA analyses as including only those rail carriers with revenues that would bring them within the definition of a Class III rail carrier.

The Commission is adopting a rule to permit a registered broker-dealer to engage in a retail forex business, provided that the broker-dealer complies with the Securities Exchange Act of 1934, the rules and regulations thereunder, and the rules of the self-regulatory organization(s) of which the broker-dealer is a member insofar as they are applicable to retail forex transactions. The Commission is adopting Rule 15b12-1 substantially in the form previously adopted as an interim final temporary rule and is providing that the rule will expire on July 31, 2016.

This final rule corrects the energy conservation standards for room air conditioners. In the direct final rule establishing amended energy conservation standards for residential clothes dryers and room air conditioners, published in the Federal Register on April 21, 2011, and the subsequent notices of effective date and compliance dates for the direct final rule and amendment of compliance dates, published on August 24, 2011, DOE erroneously specified the maximum cooling capacity for product class 5a for room air conditioners without reverse cycle and with louvered sides as 24,999 British thermal units per hour (Btu/ h), and the minimum cooling capacity for product class 5b for room air conditioners without reverse cycle and with louvered sides as 25,000 Btu/h, rather than 27,999 Btu/h and 28,000 Btu/h, respectively. Additionally, DOE is fixing a printing error in the codification of the standards table for product classes 5a and 5b and 8a and 8b.

The Department of Veterans Affairs (VA) is amending its regulation concerning filling prescriptions written by non-VA providers for veterans of a period of war who are receiving increased pension because they are permanently housebound or in need of aid and attendance. This rulemaking revises the regulation to reflect the current statutory periods of war to ensure that eligible veterans engaged in current and future conflicts receive medications prescribed by non-VA physicians when appropriate for their care.

The U.S. Small Business Administration (SBA or Agency) is amending its regulations governing small business subcontracting to implement provisions of the Small Business Jobs Act of 2010. In particular, this rule adds a provision providing that for a ``covered contract'' (a contract for which a small business subcontracting plan is required), a prime contractor must notify the contracting officer in writing whenever the prime contractor does not utilize a small business subcontractor used in preparing its bid or proposal during contract performance. This rule also adds a provision requiring a prime contractor to notify a contracting officer in writing whenever the prime contractor reduces payments to a small business subcontractor or when payments to a small business subcontractor are 90 days or more past due. In addition, this rule clarifies that the contracting officer is responsible for monitoring and evaluating small business subcontracting plan performance. The rule also clarifies which subcontracts must be included in subcontracting data reporting, which subcontracts should be excluded, and the way subcontracting data is reported. The rule also makes changes to update its subcontracting regulations, including changing subcontracting plan thresholds and referencing the electronic subcontracting reporting system (eSRS). Further, the rule adds a provision to the regulations which addresses subcontracting plan requirements and credit towards subcontracting goals in connection with multiple award multi-agency, Federal Supply Schedule, Multiple Award Schedule and government-wide acquisition indefinite delivery, indefinite quantity contracts.

The Coast Guard is establishing a temporary moving safety zone around a training vessel on Lake Erie near Dunkirk, NY. This moving safety zone is intended to restrict vessels from a portion of Lake Erie while the Kentucky Air National Guard conducts parachute rescue jumpmaster training. This temporary safety zone is necessary to protect the Kentucky Air National Guard participants as well as mariners and vessels from the navigational and safety hazards associated with the airborne deployment of U.S. military personnel and their associated equipment. These hazards include parachutes and rigging equipment for the parachute rescue personnel, deployment of rafts, potential of falling debris, and the use of distress signals of flares, smoke, and water dye during the training operations.

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2012 Plenary in Berlin, Germany, and at the MTCR Reinforced Point of Contact (RPOC) meeting in Paris, France, in December 2011. This final rule revises six Export Control Classification Numbers (ECCNs) (1C011, 1C111, 1C116, 9A101, 9B105 and 9E101) and one defined term (the definition of ``payload'') to implement the changes that were agreed to at the meetings. This final rule also revises ECCNs 7E004 and 9D004 to better align the Commerce Control List (CCL) with the MTCR Annex and past MTCR agreements.

This action adopts a Policy Statement, based on Federal law, concerning through-the-fence access to a federally-obligated airport from an adjacent or nearby property, when that property is used as a residence. This Policy Statement replaces FAA's previously published Interim Policy (76 FR 15028; March 18, 2011) with regard to commercial service airports, and establishes how FAA will implement section 136 of Public Law 112-95.

We are publishing a new airworthiness directive (AD) for Eurocopter France Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, AS350D1, AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters. This AD requires, before further flight, determining whether a single hydraulic main or tail rotor servo-control is installed on your helicopter. If a certain servo-control is installed, before the further flight, this AD requires replacing that servo-control. This AD was prompted by the discovery of excessive axial play detected on bearings installed on certain single hydraulic main and tail rotor servo-controls (servo-control). The excessive play could cause the distributor slide valve to jam in its sleeve. This condition could result in jamming the hydraulic flight controls, necessitating that the pilot cut off hydraulic power. This action would increase the pilot's workload, resulting in possible loss of helicopter control.

We are superseding airworthiness directive (AD) 87-02-07, which applied to all The Boeing Company Model 737-100 and -200 series airplanes. AD 87-02-07 required replacement of certain underwing fuel tank access covers with stronger, fire-resistant covers. This new AD also requires inspecting fuel tank access doors to determine that impact-resistant access doors are installed in the correct locations, inspecting application of stencils and index markers of impact- resistant access doors, doing corrective actions if necessary, revising the maintenance program, and adding airplanes to the applicability. This AD was prompted by reports of standard access doors installed where impact-resistant access doors are required, and reports of impact-resistant doors without stencils. We are issuing this AD to prevent foreign object penetration of the wing tank, which could lead to a fuel leak near ignition sources (engine, hot brakes), consequently leading to a fuel-fed fire.

We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 767 airplanes. That AD currently requires sealing certain fasteners and stiffeners in the fuel tank, changing certain wire bundle clamp configurations on the fuel tank walls, inspecting certain fasteners in the fuel tanks and determining the method of attachment of the vortex generators; and performing corrective actions if necessary. This new AD adds a general visual inspection for the presence of a polytetrafluoroethylene (TFE) sleeve at the clamp location on the rear spar, and installation of a TFE sleeve if necessary. This new AD also adds airplanes to the applicability. This AD was prompted by fuel system reviews conducted by the manufacturer, and the identification of another possible ignition source location. We are issuing this AD to prevent possible ignition sources in the auxiliary (center) fuel tank, main fuel tanks, and surge tanks caused by a wiring short or lightning strike, which could result in fuel tank explosions and consequent loss of the airplane.

The Audio Division, on its own motion, proposes the deletion of six vacant allotments in various communities in Alaska, Colorado, and Texas. We tentatively conclude that it is in the public interest to delete six FCC-held permits that have been offered in two FM auctions. No bids were entered for these allotments in the recently completed FM Auction 94 and these allotments are now considered unsold permits. Deletion of these allotments may create other opportunities in nearby communities for new FM allotments or upgrades of existing stations. Therefore, we believe that the proposed deletion of these vacant allotments may promote a more effective and efficient use of the FM broadcast spectrum. Interested parties must file comments expressing an interest in the vacant allotments to prevent their removal. Moreover, interested parties must provide an explanation as to why they did not participate in prior auction events for any permit in which an interest is expressed.

The U.S. Army Corps of Engineers is proposing to amend the rules regarding use and administration of the reservoirs at the headwaters of the Mississippi River by deleting from the Code of Federal Regulations all references to minimum discharges and to operating limits for the reservoirs. Following extensive public input and environmental review, the St. Paul District of the Corps of Engineers recently adopted an updated operating plan for the Mississippi River Headwaters reservoirs containing minimum flow values that differ from those currently codified in the Code of Federal Regulations. Deleting all references to minimum flows in the regulations will eliminate the current discrepancy between the regulations and the approved operating plan for the reservoirs. The operating limits are also contained in the operating plan for the reservoirs, and eliminating both the minimum flow values and the operating limits from the rule will make it unnecessary to amend the regulations each time the values are modified in the operating plan in the future.

This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans to prescribe interest assumptions under the regulation for valuation dates in August 2013. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.

This action creates new certification and qualification requirements for pilots in air carrier operations. As a result of this action, a second in command (first officer) in domestic, flag, and supplemental operations must now hold an airline transport pilot certificate and an airplane type rating for the aircraft to be flown. An airline transport pilot certificate requires that a pilot be 23 years of age and have 1,500 hours total time as a pilot. Pilots with fewer than 1,500 flight hours may qualify for a restricted privileges airline transport pilot certificate beginning at 21 years of age if they are a military-trained pilot, have a bachelor's degree with an aviation major, or have an associate's degree with an aviation major. The restricted privileges airline transport pilot certificate will also be available to pilots with 1,500 flight hours who are at least 21 years of age. This restricted privileges airline transport pilot certificate allows a pilot to serve as second in command in domestic, flag, and supplemental operations not requiring more than two pilot flightcrew members. This rule also retains the second-class medical certification requirement for a second in command in part 121 operations. Pilots serving as an air carrier pilot in command (captain) must have, in addition to an airline transport pilot certificate, at least 1,000 flight hours in air carrier operations. This rule also adds to the eligibility requirements for an airline transport pilot certificate with an airplane category multiengine class rating or an airline transport pilot certificate obtained concurrently with a type rating. To receive an airline transport pilot certificate with a multiengine class rating a pilot must have 50 hours of multiengine flight experience and must have completed a new FAA-approved Airline Transport Pilot Certification Training Program. This new training program will include academic coursework and training in a flight simulation training device. These requirements will ensure that a pilot has the proper qualifications, training, and experience before entering an air carrier environment as a pilot flightcrew member.

The Commander Fifth Coast Guard District has issued a temporary deviation from the regulations governing the operation of the US 50 Bridge, over Isle of Wight (Sinepuxent) Bay, mile 0.5, at Ocean City, MD. The deviation is necessary to accommodate the 10th annual ``Island 2 Island'' Half Marathon. This deviation allows the drawbridge to remain in the closed position to vessels during the race.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the swing of the Route 70/Harkers Island Bridge, across The Straights, mile 0.6, Harkers Island, NC. This deviation is necessary to facilitate coupling repair on the Route 70/ Harkers Island Bridge. This temporary deviation allows the swing bridge to remain in the closed to navigation position.

The Coast Guard is establishing a temporary safety zone within Milwaukee Harbor, Milwaukee, Wisconsin. This zone is intended to restrict vessels from a portion of Milwaukee Harbor due to 4 fireworks displays at Discovery World Pier. This safety zone is necessary to protect the surrounding public and vessels from the hazards associated with these fireworks displays.

The Coast Guard is issuing this Interim Rule to address two omissions from the regulatory text of the Safety zone and Regulated Navigation Area in the Chicago Sanitary and Ship Canal, Romeoville, IL. These omissions include requirements for the regulated navigation area that vessels must be greater than twenty feet in length and must not be a personal or human powered watercraft of any kind (e.g. jet skis, wave runners, kayaks, row boats, etc.). This revision is intended to make the regulatory text consistent with the discussion of the rule as originally published in the Federal Register on December 12, 2011.

In this document, the Wireline Competition Bureau (Bureau) seeks additional comment on certain fees related to inmate calling services (ICS). The record to date indicates that ICS providers may charge ICS account holders fees that appear ancillary to making calls, such as account setup fees, account replenishment fees, account refund fees, and account inactivity fees.

NMFS is opening directed fishing for Atka mackerel in the Central Aleutian district (CAI) of the Bering Sea and Aleutian Islands Management Area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to fully use the 2013 total allowable catch (TAC) of Atka mackerel in the CAI by vessels participating in the BSAI trawl limited access fishery.

The Consumer Product Safety Commission (CPSC or Commission) received a petition requesting the Commission to: promulgate a mandatory standard that prohibits any window covering cords, when a feasible cordless alternative exists; and require that all window covering cords be made inaccessible through the use of a passive guardian device when a feasible cordless alternative does not exist. The Commission invites written comments concerning the petition.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval actions for new animal drug applications (NADAs) and abbreviated new animal drug applications (ANADAs) during May 2013. FDA is also informing the public of the availability of summaries the basis of approval and of environmental review documents, where applicable.