2013 – Federal Register Recent Federal Regulation Documents

We are adopting a new airworthiness directive (AD) for Eurocopter Model MBB-BK117 A-3, MBB-BK117 A-4, MBB-BK117 B-1, and MBB- BK117 C-2 helicopters with a Metro Aviation (Metro) vapor-cycle air conditioning kit installed in accordance with Supplemental Type Certificate (STC) No. SH3880SW. This AD requires repetitively inspecting the air conditioning drive pulley (pulley) for looseness and properly installed lockwire, and also requires reinstalling the pulley. This AD is prompted by two reports of the pulley detaching from the rotor brake disc on the tail rotor (T/R) driveshaft. These actions are intended to prevent separation of the pulley, damage to the T/R driveshaft, and subsequent loss of control of the helicopter.

This notice announces that the U.S. Environmental Protection Agency (``EPA'') has extended the Prevention of Significant Deterioration (``PSD'') permit deadline for commencing construction for a final Clean Air Act PSD permit that authorizes Avenal Power Center, LLC (``APC'') to construct the Avenal Energy Project (``AEP''). The AEP is to be located in Kings County, California.

The Coast Guard is amending its regulations by removing the wave height and surface current provisions and regulated boating areas for bar crossing locations along the coasts of Oregon and Washington because they conflict with more recently promulgated wave height provisions and regulated boating areas for the same bar crossings. This amendment is necessary in order to remove confusion as to which safety requirements apply to recreational vessels, uninspected passenger vessels, small passenger vessels, and commercial fishing vessels when operating within the regulated navigation areas.

We, the U.S. Fish and Wildlife Service, determine the following six west Texas aquatic invertebrate species meet the definition of an endangered species under the Endangered Species Act of 1973: Phantom springsnail (Pyrgulopsis texana), Phantom tryonia (Tryonia cheatumi), diminutive amphipod (Gammarus hyalleloides), Diamond tryonia (Pseudotryonia adamantina), Gonzales tryonia (Tryonia circumstriata), and Pecos amphipod (Gammarus pecos). This final rule implements the Federal protections provided by the Endangered Species Act for these species. The effect of this regulation is to add these species to the lists of Endangered and Threatened Wildlife under the Endangered Species Act.

We are adopting a new airworthiness directive (AD) for various restricted category Model HH-1K, TH-1F, TH-1L, UH-1A, UH-1B, UH-1E, UH- 1F, UH-1H, UH-1L, and UH-1P helicopters with certain main rotor hub inboard strap fittings (fittings) installed. This AD requires a magnetic particle inspection (MPI) of the fittings for a crack, and if there is a crack, replacing the fitting with an airworthy fitting. This AD is prompted by reports of cracked fittings on Bell model helicopters and the determination that these same part-numbered fittings may be installed on various restricted category helicopters. These actions are intended to detect a crack in a fitting, which may lead to failure of a fitting, loss of a main rotor blade, and subsequent loss of helicopter control.

The Federal Trade Commission (``Commission'' or ``FTC'') seeks public comment on proposed amendments to the Telemarketing Sales Rule (``TSR'' or ``Rule''). The proposed amendments would: Bar sellers and telemarketers from accepting remotely created checks, remotely created payment orders, cash-to-cash money transfers, and cash reload mechanisms as payment in inbound or outbound telemarketing transactions; expand the scope of the advance fee ban on ``recovery'' services, now limited to recovery of losses in prior telemarketing transactions, to include recovery of losses in any previous transaction; and clarify other TSR provisions as discussed at the outset of the SUPPLEMENTARY INFORMATION section.

EPA is taking final action to approve the Southern Ute Indian Tribe's (SUIT) July 3, 2012 request for delegation of authority to implement and enforce National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS). This request establishes and requires SUIT to administer a NSPS and NESHAPs program per EPA regulations. The delegation is facilitated by SUIT's treatment ``in the same manner as a state'' (TAS) document, per CAA requirements.

We propose to revise an existing airworthiness directive (AD) for the Agusta Model AB139 and AW139 helicopters. The existing AD currently requires inspecting the fuselage frame to detect fatigue cracks which could lead to structural failure and subsequent loss of control of the helicopter. Since we issued that AD, Agusta has developed a frame reinforcement modification which supports extending the interval for inspecting the fuselage frame for a fatigue crack. This proposed AD would require inspecting the fuselage frame for a crack, but would reduce the applicability from the existing AD to exclude helicopters modified by the optional frame reinforcement modification. The proposed actions are intended to detect a fatigue crack that could result in failure of the fuselage frame and subsequent loss of control of the helicopter.

EPA has scheduled additional public hearings for our proposed action on Wyoming's State Implementation Plan (SIP) addressing regional haze under. We are making this change in response to letters submitted by the Governor of Wyoming on June 13, 2013, the Wyoming Congressional Delegation on June 14, 2013, and the Wyoming Department of Environmental Quality on June 14, 2013. The comment period for this action was scheduled to close on August 9, 2013. EPA is extending the comment period to August 26, 2013 to allow for a full 30 days for the submission of additional comments following the public hearings.

NMFS is prohibiting directed fishing for northern rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2013 total allowable catch (TAC) of northern rockfish in the Western Regulatory Area of the GOA.

The Coast Guard is seeking comments and feedback on how best to enhance environmental protections and navigation safety outlined in the Special Buzzards Bay regulations. Specifically, the Coast Guard is seeking comments related to potential modifications of the current mandatory pilotage, escort tug, and Vessel Movement Reporting System (VMRS) Buzzards Bay requirements. The Coast Guard intends to use this input to propose new requirements on barges carrying 5,000 or more barrels of oil or other hazardous material.

The Commander, Fifth Coast Guard District, has issued a temporary deviation from the operating schedule that governs the US 70/ Alfred C. Cunningham Bridge across the Trent River, mile 0.0, at New Bern, NC. The deviation allows the bridge draw span to remain in the closed to navigation position for one hour on two consecutive days to accommodate the annual Bike Multiple Sclerosis: Historic New Bern Bike Ride.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the October 3, 2012, proposed listing and designation of critical habitat for Echinomastus erectocentrus var. acunensis (acu[ntilde]a cactus) and Pediocactus peeblesianus var. fickeiseniae (Fickeisen plains cactus) under the Endangered Species Act of 1973, as amended (Act). We are reopening the comment period to allow all interested parties an opportunity to comment on revisions to the proposed critical habitat designations, which are described in this document; the associated draft economic analysis (DEA) for the proposed critical habitat designations; and the amended required determinations. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

This rule adds to the Export Administration Regulations (EAR) controls on military vehicles and related items; vessels of war and related items; submersible vessels, oceanographic equipment and related items; and auxiliary and miscellaneous items that the President has determined no longer warrant control on the United States Munitions List (USML). This rule also adds to the EAR controls on items within the scope of the Munitions List (WAML) of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement) that are not specifically identified on the USML or the Commerce Control List (CCL) but that were subject to USML jurisdiction. Finally, this rule moves certain items that were already subject to the EAR to the new Export Control Classification Numbers (ECCNs) created by this rule. This rule is being published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls rule revising USML Categories VII, VI, XX, and XIII to control those articles the President has determined warrant control in those Categories of the USML. Both rules are part of the President's Export Control Reform Initiative. The revisions in this final rule are also part of Commerce's retrospective regulatory review plan under Executive Order (EO) 13563.

The Department of State is amending the International Traffic in Arms Regulations to implement a statutory provision regarding the exemption from licensing for export to Canada of firearms components not exceeding $500 in value.

The Federal Election Commission is clarifying its interpretation of the regulatory requirement that political committees report the full name and address of each person to whom they make expenditures or other disbursements aggregating more than $200 per calendar year, or per election cycle for authorized committees, and the date, amount, and purpose of such payments, in three situations: A political committee reimburses an individual who advanced personal funds to pay committee expenses aggregating more than $200 to a single vendor; a political committee pays a credit card bill that includes a charge of more than $200 for a single vendor; and a candidate uses personal funds to pay his or her authorized committee's expenses that aggregate more than $200 to a single vendor without receiving reimbursement.

This rule proposes to update and make revisions to the End- Stage Renal Disease (ESRD) prospective payment system (PPS) for calendar year (CY) 2014. This rule also proposes to set forth requirements for the ESRD quality incentive program (QIP), including for payment year (PY) 2016 and beyond. In addition, this rule proposes to clarify the grandfathering provision related to the 3-year minimum lifetime requirement (MLR) for Durable Medical Equipment (DME). In addition, it provides clarification of the definition of routinely purchased DME. This rule also proposes the implementation of budget- neutral fee schedules for splints and casts, and intraocular lenses (IOLs) inserted in a physician's office. Finally, this rule would make a few technical amendments and corrections to existing regulations related to payment for DMEPOS items and services.

This document amends the U.S. Customs and Border Protection (CBP) regulations to set forth the prohibitions and conditions that are applicable to the importation and exportation of rough diamonds pursuant to the Clean Diamond Trade Act, as implemented by the President in Executive Order 13312 dated July 29, 2003, and the Rough Diamonds Control Regulations (RDCR) issued by the Office of Foreign Assets Control of the U.S. Department of the Treasury. In addition to restating pertinent provisions of the RDCR, the amendments clarify that any U.S. person exporting from, or importing to, the United States a shipment of rough diamonds must retain for a period of at least five years a copy of the Kimberley Process Certificate that currently must accompany such shipments and make the copy available for inspection when requested by CBP. The document also requires formal entry for shipments of rough diamonds.

The National Endowment for the Arts (NEA), the National Endowment for the Humanities (NEH), and the Institute of Museum and Library Services (IMLS) are proposing to amend their joint Freedom of Information Act (FOIA) regulations, to remove any reference to the NEH, the Federal Council on the Arts and the Humanities (FCAH), an agency for which the NEH provides legal counsel, and the IMLS. The NEA, the NEH and the IMLS are amending these joint regulations because each agency has proposed or plans to propose its own separate FOIA regulations.

The Coast Guard is establishing a safety zone and no loitering area in the navigable waters of the San Francisco Bay near Treasure Island, CA in support of 2013 America's Cup races. This safety zone and no loitering area are established to enhance the safety of spectators and mariners near the north east corner of the America's Cup regulated area. All persons or vessels are prohibited from entering the safety zone and all persons or vessels are prohibited from anchoring or otherwise loitering in the no loitering area during the scheduled races without the permission of the Captain of the Port or their designated representative.

The Coast Guard is issuing a temporary deviation from the regulations governing the operation of the new US-1 Memorial Bridge across the Piscataqua River, mile 1.9, between Portsmouth, New Hampshire and Kittery, Maine. Under this temporary deviation the bridge may operate on a special opening schedule to facilitate mechanical and structural alignment of the lift span. This deviation is necessary to allow New Hampshire Department of Transportation's contractor sufficient time make final adjustments at the bridge.

The Coast Guard is temporarily changing the enforcement date of a safety zone for one recurring fireworks display in the Fifth Coast Guard District. This regulation applies to only one recurring fireworks event held in Delaware River in Philadelphia, Pennsylvania. The fireworks display is normally held on July 4th, but this year it will be held on July 6th. The safety zone is necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in a portion of Delaware River near Philadelphia, Pennsylvania, during the event.

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.

The Coast Guard proposes to establish special local regulations during the ``Dinghy Poker Run,'' a marine event to be held on the waters of Middle River. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of Middle River during the event.

The Audio Division, at the request of Jesus B. Salazar, allots FM Channel 227A and deletes FM Channel 249A at Roaring Springs, Texas, and allots FM Channel 249C3 and deletes FM Channel 276C3 at Roaring Springs. These allotment changes are part of a rule making and hybrid application proposal. Channel 227A can be allotted at Roaring Springs, consistent with the minimum distance separation requirements of the Commission's rules, at coordinates 33-59-36 NL and 100-52-10 WL, with a site restriction of 10.5 km (6.5 miles) north of the community Channel 249C3 can be allotted at Roaring Springs, consistent with the minimum distance separation requirements of the Commission's rules, at coordinates 33-57-55 NL and 100-47-36 WL, with a site restriction of 9.4 km (5.9 miles) northeast of the community See Supplementary Information infra.