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Federal Regsiter Highlights – 5/22/13

Unpublished, time-sensitive and proposed rules for May 22, 2013:

PROPOSED RULE: Under section 215 of the Federal Power Act, the Federal Energy Regulatory Commission (Commission) proposes to remand the proposed interpretation of Reliability Standard BAL–002–1, Disturbance Control Performance, Requirements R4 and R5, submitted to the Commission for approval by the North American Electric Reliability Corporation, the Commission-certified Electric Reliability Organization. Specifically, the interpretation addresses whether Balancing Authorities and Reserve Sharing Groups are subject to enforcement actions for failing to restore Area Control Error within the 15-minute Disturbance Recovery Period for Reportable Disturbances that exceed the most severe single Contingency. The Commission proposes to remand the proposed interpretation because it changes a requirement of the Reliability Standard, thereby exceeding the permissible scope for interpretations. Comments are due July 8, 2013. (To submit comments, visit http://ferc.gov. Documents created electronically using word processing software should be filed in native applications or print-to-PDF format and not in a scanned format.)

TEMPORARY RULE: NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the second seasonal apportionment of the Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA has been reached. Effective 1200 hours, Alaska local time (A.l.t.), May 18, 2013, through 1200 hours, A.l.t., July 1, 2013.

PROPOSED RULE: HMSA is proposing to address certain matters identified in the Hazardous Materials Transportation Safety Act of 2012 related to the Department’s enhanced inspection, investigation, and enforcement authority. Specifically, we are proposing to amend the opening of packages provision to include requirements for perishable hazardous material; add a new notification section; and add a new equipment section to the Department’s procedural regulations. For the mandates to address certain matters related to the Department’s enhanced inspection, investigation, and enforcement authority, we are proposing no additional regulatory changes. We believe that the Department’s current rules that were previously established through notice and comment rulemaking and existing policies and operating procedures thoroughly address the hazmat transportation matters identified by Congress. These inspection and enforcement procedures will not change the current inspection procedures for DOT, but will augment DOT’s existing enforcement procedures and allow the Department to respond immediately and effectively to conditions or practices that pose serious threats to life, property, or the environment. As this rule affects only agency enforcement procedures, it therefore results in no additional burden of compliance costs to industry. Comments must be received by July 22, 2013. (To submit comments, visit www.regulations.gov, reference docket number PHMSA–2012–0259 (HM–258B).)

PROPOSED RULE: Several body systems in our Listing of Impairments (listings) contain listings for children based on impairment of linear growth or weight loss. We propose to replace those listings with new listings, add a listing to the genitourinary body system for children, and provide new introductory text for each listing explaining how to apply the new criteria. The proposed revisions to our listings reflect our program experience, advances in medical knowledge, comments we received from medical experts and the public at an outreach policy conference, and comments we received in response to a notice of intent to issue regulations and request for comments (request for comments) and an advance notice of proposed rulemaking (ANPRM). We are also proposing conforming changes in our regulations for title XVI of the Social Security Act (Act). To ensure that your comments are considered, we must receive them by no later than July 22, 2013. (To submit comments, visit www.regulations.gov, reference docket number SSA–2011–0081.)

Federal Register Highlights – 5/21/13

Unpublished, time-sensitive and proposed rules for May 21, 2013:

PROPOSED RULE: The Animal and Plant Health Inspection Service is one of the agencies that administers the provisions of the Endangered Species Act of 1973, as amended (ESA), and the Lacey Act Amendments of 1981, as amended, that pertain to plants. We are proposing to update our regulations that set forth our forfeiture procedures with regard to plants or plant products seized under the authority of the ESA and the Lacey Act. The proposed changes would make our regulations conform to the requirements of the Civil Asset Forfeiture Reform Act of 2000, increase the monetary threshold of those cases proceeding through judicial forfeiture, provide for the assessment of storage costs of seized property, and make the regulations easier to understand. We will consider all comments that we receive on or before July 22, 2013. (To submit comments, visit www.regulations.gov, reference docket number APHIS–2007–0086.)

TEMPORARY RULE:  The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Rocks Village Bridge, mile 12.6, across the Merrimack River between Haverhill and West Newbury, Massachusetts. The deviation is necessary to facilitate bridge rehabilitation and repairs. This deviation allows the bridge to remain in the closed position for 5 days. This deviation is effective from 7 a.m. on June 3, 2013 through 4 p.m. on June 7, 2013.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedules that govern the Route 30/Absecon Boulevard Bridge across Beach Thorofare, NJICW mile 67.2 and the US40–22 (Albany Avenue) across Inside Thorofare, NJICW mile 70.0, both at Atlantic City, NJ. This deviation allows the drawbridges to remain closed-to-navigation to accommodate the free movement of vehicles during the 2013 Vet Rock Concert. This deviation is effective from 8 a.m., on Saturday June 1, 2013 until 1 a.m., on Sunday June 2, 2013.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedules that govern the Route 30/Absecon Boulevard Bridge across Beach Thorofare, NJICW mile 67.2 and the US40–322 (Albany Avenue) across Inside Thorofare, NJICW mile 70.0, both at Atlantic City, NJ. This deviation allows the drawbridges to remain closed-to-navigation to accommodate the free movement of vehicles during the re-scheduled 2013 Atlantic City Air Show. This deviation is effective on Wednesday June 26, 2013, from 9 a.m. until 12 noon and again from 3 p.m. until 6 p.m.

TEMPORARY RULE: The United States Coast Guard is establishing a regulated navigation area (RNA) on the navigable waters of the Penobscot River between Prospect and Verona, ME, under and surrounding the Waldo-Hancock Bridge in order to facilitate the removal of the trusses, cables, and towers of the Waldo-Hancock Bridge. This temporary final rule (TFR) is necessary to provide for the safety of life on the navigable waters during bridge demolition operations which include hot work and heavy lift operations. This rule implements certain safety measures, including speed restrictions and the temporary suspension of vessel traffic, during demolition operations that could be hazardous to nearby vessels. This rule is effective with actual notice on May 10, 2013 through April 30, 2014. This rule is effective in the CFR on May 21, 2013 through April 30, 2014.

PROPOSED RULE: This action would establish more stringent vehicle emissions standards and reduce the sulfur content of gasoline beginning in 2017, as part of a systems approach to addressing the impacts of motor vehicles and fuels on air quality and public health. The proposed gasoline sulfur standard would make emission control systems more effective for both existing and new vehicles, and would enable more stringent vehicle emissions standards. The proposed vehicle standards would reduce both tailpipe and evaporative emissions from passenger cars, light-duty trucks, medium-duty passenger vehicles, and some heavy-duty vehicles. This would result in significant reductions in pollutants such as ozone, particulate matter, and air toxics across the country and help state and local agencies in their efforts to attain and maintain health-based National Ambient Air Quality Standards. Motor vehicles are an important source of exposure to air pollution both regionally and near roads. These proposed vehicle standards are intended to harmonize with California’s Low Emission Vehicle program, thus creating a federal vehicle emissions program that would allow automakers to sell the same vehicles in all 50 states. The proposed vehicle standards would be implemented over the same timeframe as the greenhouse gas/fuel efficiency standards for light-duty vehicles, as part of a comprehensive approach toward regulating emissions from motor vehicles. Comments must be received on or before June 13, 2013. (To submit comments, visit www.regulations.gov, reference docket number EPA–HQ–OAR–2011–0135.)

PROPOSED RULE: The EPA is proposing to re-designate the existing Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA) Section 103(b) Atchafalaya-West Ocean Disposal Site (ODMDS-West) as a permanent MPRSA Section 102(c) ocean dredged material disposal site (ODMDS) located adjacent to and west of the Atchafalaya River Bar Channel (ARBC) of Louisiana. The approval for the ODMDS-West use expired in August 2012; therefore, the site can no longer accept shoal material dredged from the ARBC unless it is re-designated as a MPRSA Section 102(c) site by EPA. Studies have shown that use of the ODMDS-West reduces the amount and rate of shoal material runback into the ARBC, and thus, decreases the overall annual maintenance dredging effort needed for the ARBC while providing vessels with a longer period of safe navigation access prior to a maintenance dredging event. Therefore, there is a need to designate a permanent ODMDS on the west side of the ARBC. Approximately 10.8 million cubic yards will be placed every 7 months and must be conducted in accordance with the Site Management and Monitoring Plan. The proposed ODMDS will be monitored periodically to ensure that the site operates as expected. Comments on this proposed rule and draft Environmental Impact Statement must be received on or before July 5, 2013. (to submit comments, visit www.regulations.gov, reference docket number EPA–R06–OW–2013–0221.)

PROPOSED RULE: The Food and Drug Administration (FDA) is issuing a proposed administrative order to reclassify external counter-pulsating (ECP) devices for treatment of chronic stable angina that is refractory to optimal anti-anginal medical therapy and without options for revascularization, which is a preamendments class III device, into class II (special controls) based on new information. FDA is also proposing to require the filing of a premarket approval application (PMA) or a notice of completion of a product development protocol (PDP) for ECP devices for other intended uses specified in this proposed order. The Agency is also summarizing its proposed findings regarding the degree of risk of illness or injury designed to be eliminated or reduced by requiring the devices to meet the statute’s approval requirements for other intended uses specified in this proposed order. In addition, FDA is announcing the opportunity for interested persons to request that the Agency change the classification of any of the devices mentioned in this document based on new information. This action implements certain statutory requirements. Submit either electronic or written comments on this proposed order by August 19, 2013. (To submit comments, visit www.regulations.gov, reference docket number FDA–2013–N–0487.)

 

Federal Register Highlights – 5/20/13

Unpublished, time-sensitive and proposed rules for May 20, 2013:

PROPOSED RULE: This proposed rule invites comments on amending the Blueberry Promotion, Research and Information Order (Order) to increase the assessment rate from $12 to $18 per ton (an increase of $0.003 per pound). The Order is administered by the U.S. Highbush Blueberry Council (USHBC) with oversight by the U.S. Department of Agriculture (USDA). Under the program, assessments are collected from domestic producers and importers and used for research and promotion projects designed to maintain and expand the market for highbush blueberries in the United States and abroad. Additional funds would allow the USHBC to expand its health research activities and promotional efforts. The USHBC uses its health information in its promotion messaging to help build demand for blueberries. Increasing demand would help move the growing supply of blueberries, which would benefit producers and consumers. Comments must be received by July 19, 2013. (To submit comments, visit www.regulations.gov, reference docket number AMS–FV–12–0062).

PROPOSED RULE: The Danny Keysar Child Product Safety Notification Act, Section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), requires the United States Consumer Product Safety Commission (Commission or CPSC) to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ‘‘substantially the same as’’ applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is proposing a safety standard for carriages and strollers in response to the direction under Section 104(b) of the CPSIA. Submit comments by August 5, 2013. (To submit comments, visit www.regulations.gov, reference docket number CPSC–2013–0019.)

PROPOSED RULE: Based on comments received in response to its Advance Notice of Proposed Rulemaking (‘‘ANPR’’), the Commission proposes amending the rules and regulations under the Textile Fiber Products Identification Act (‘‘Textile Rules’’ or ‘‘Rules’’) to: Incorporate the updated ISO standard 2076:2010(E); allow certain hang-tags that do not disclose the product’s full fiber content information; better address electronic commerce by amending the definition of the terms invoice and invoice or other paper; update the guaranty provisions by, among other things, replacing the requirement that suppliers provide a guaranty signed under penalty of perjury with a certification that must be renewed annually, and revising accordingly the form used to file continuing guaranties with the Commission under the Textile, Fur, and Wool Acts; and clarify several other provisions. The Commission seeks comment on these proposals and several remaining issues. Written comments must be received on or before July 8, 2013. (To submit comments, file your comment online at https://ftcpublic.commentworks.com/ftc/textilerulesnprm by following the instructions on the web-based form.)

PROPOSED RULE: The Administration for Children and Families (ACF) proposes to amend the Child Care and Development Fund (CCDF) regulations. This proposed rule makes changes to CCDF regulatory provisions in order to strengthen health and safety requirements for child care providers, reflect current State and local practices to improve the quality of child care, infuse new accountability for Federal tax dollars, and leverage the latest knowledge and research in the field of early care and education to better serve low-income children and families. In order to be considered, comments on this proposed rule must be received on or before August 5, 2013. (To submit comments, visit www.regulations.gov, reference docket number ACF–2013–0001.)

TEMPORARY RULE: NMFS is prohibiting retention of Alaska plaice in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2013 initial total allowable catch (ITAC) of Alaska plaice in the BSAI has been reached. Effective 1200 hrs, Alaska local time (A.l.t.), May 15, 2013, through 2400 hrs, A.l.t., December 31, 2013.

 

Federal Register Highlights – 5/17/13

Unpublished, time-sensitive and proposed rules for May 17, 2013:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Kansas City Southern vertical lift span bridge across the Neches River, mile 19.5, at Beaumont, Texas. The deviation is necessary to replace the north vertical lift joints on the bridge. This deviation allows the bridge to remain closed to navigation for twelve consecutive hours. This deviation is effective from 6 a.m. through 6 p.m. on Tuesday, June 4, 2013.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone for the waters of the Tennessee River beginning at mile marker 463.5 and ending at mile marker 464.5, extending bank to bank. This safety zone is necessary to protect persons and vessels from the potential safety hazards associated with the Riverbend Festival fireworks. Entry into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Ohio Valley or designated representative. This rule is effective from 10:30 p.m. until midnight on June 15, 2013.

 

Federal Register Highlights – 5/16/13

Unpublished, time-sensitive and proposed rules for May 16, 2013:

TEMPORARY RULE: The Coast Guard will enforce a safety zone for the 2013 Pridefest fireworks on June 8, 2013, from 9:15 p.m. until 10:15 p.m. If the fireworks display is cancelled due to inclement weather, then the zone will be enforced on June 9, 2013, from 9:15 p.m. until 10:15 p.m. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after the fireworks display. During the aforementioned periods, the Coast Guard will enforce restrictions upon, and control movement of, vessels in the safety zone. No person or vessel may enter the safety zone while it is being enforced without permission of the Captain of the Port, Lake Michigan. This regulation will be enforced from 9:15 p.m. until 10:15 p.m. on June 8, 2013. If the fireworks display is cancelled due to inclement weather, then the zone will be enforced on June 9, 2013, from 9:15 p.m. until 10:15 p.m.

PROPOSED RULE: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) in partial implementation of a section of the National Defense Authorization Act for Fiscal Year 2012, and a section of the National Defense Authorization Act for Fiscal Year 2013, relating to the detection and avoidance of counterfeit electronic parts. Comments on the proposed rule should be submitted in writing on or before July 15, 2013, to be considered in the formation of a final rule. (To submit comments, visit www.regulations.gov, reference DFARS Case 2012–D055.)

PROPOSED RULE: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to provide guidance to contractors for the submittal of forward pricing rate proposals to ensure the adequacy of forward pricing rate proposals submitted to the Government. Comments on the proposed rule should be submitted in writing on or before July 15, 2013, to be considered in the formation of the final rule. (To submit comments, visit www.regulations.gov, reference DFARS Case 2012–D035.)

PROPOSED RULE: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to further implement DoD policy relating to competitive acquisitions in which only one offer is received, providing additional exceptions, and further addressing requests for data other than certified cost or pricing data from the Canadian Commercial Corporation. Comments on the proposed rule should be submitted in writing on or before July 15, 2013, to be considered in the formation of a final rule. (To submit comments, visit www.regulations.gov, reference DFARS Case 2013–D001.)

PROPOSED RULE: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address the contracting officer role in assisting the DoD implementing agency in preparation of the letter of offer and acceptance for a foreign military sales program that will require an acquisition. Comments on the proposed rule should be submitted in writing on or before July 15, 2013, to be considered in the formation of a final rule. (To submit comments, visit www.regulations.gov, reference DFARS Case 2012–D048.)

RULE: We are superseding an existing airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model A119 and AW119 MKII helicopters. The existing AD currently requires inspecting the pilot and copilot engine rotary variable differential transformer (RVDT) control box assemblies to determine if the control gear locking pin is in its proper position. Since we issued that AD, Agusta has developed a terminating action for this inspection. This AD requires the same actions as the existing AD as well as modifying the RVDT control box assemblies. The actions of this AD are intended to prevent failure of an RVDT control box assembly, loss of manual control of the engine throttle, and subsequent loss of control of the helicopter. This AD is effective June 20, 2013.

RULE: We are superseding an existing airworthiness directive (AD) for all Slingsby Sailplanes Ltd. Models Dart T.51, Dart T.51/17, and Dart T.51/17R sailplanes equipped with aluminum alloy spar booms. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as an incident of glue joint failure on a starboard wing caused by water entering the area of the airbrake box that resulted in delamination and corrosion in the area of the aluminum alloy spar booms and the wing attach fittings. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective June 20, 2013.

RULE: We are adopting a new airworthiness directive (AD) for a certain Spectrolab Nightsun XP Searchlight Assembly (searchlight) installed on, but not limited to Agusta S.p.A. (Agusta) Model AB139 and Model W139 helicopters, Sikorsky Aircraft Corporation (Sikorsky) Model S–92A helicopters, and Eurocopter Deutschland GmbH (Eurocopter) Model EC135 and Model MBB–BK 117 C–2 helicopters. This AD requires, before further flight, inserting information into the Normal Procedures section of the Rotorcraft Flight Manual (RFM), a daily check of the searchlight, and at a specified time interval or if certain conditions are found, modifying any affected searchlight gimbal assembly. This AD was prompted by a report of a searchlight vibrating and an investigation that revealed that the gimbal azimuth top nut was loose. A loose nut, if not detected and corrected, could result in a gap between the rubber edging of the top shroud and the gimbal frame, leading to degradation of pointing accuracy and stability performance of the searchlight and excessive vibration. If the nut were to entirely disengage, the searchlight could disconnect partially or totally from the helicopter, resulting in damage to the helicopter and injury to persons on the ground. The actions of this AD are intended to ensure that the searchlight remains firmly attached to the helicopter. This AD is effective June 20, 2013.

RULE: We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 757–200 and –200PF series airplanes. That AD currently requires modifying the nacelle strut and wing structure, and repairing any damage found during the modification. This new AD specifies a maximum compliance time limit that overrides the optional threshold formula results. This AD was prompted by reports indicating that the actual operational loads applied to the nacelle are higher than the analytical loads that were used during the initial design. Subsequent analysis and service history, which includes numerous reports of fatigue cracking on certain strut and wing structure, indicated that fatigue cracking can occur on the primary strut structure before an airplane reaches its design service objective. We are issuing this AD to prevent fatigue cracking in primary strut structure and consequent reduced structural integrity of the strut. This AD is effective June 20, 2013.

PROPOSED RULE: The Department of Homeland Security is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the ‘‘Department of Homeland Security/U.S. Immigration and Customs Enforcement—014 Homeland Security Investigations Forensic Laboratory System of Records’’ and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. Comments must be received on or before June 17, 2013. (To submit comments, visit www.regulations.gov, reference docket number DHS–2013–0012.)

PROPOSED RULE: The U.S. Nuclear Regulatory Commission (NRC), in consultation with the U.S. Department of Transportation (DOT), is proposing to amend its regulations for the packaging and transportation of radioactive material. These amendments would make NRC regulations conform to revisions to the International Atomic Energy Agency (IAEA) regulations for the international transportation of radioactive material and maintain consistency with DOT regulations. These changes are necessary to maintain a consistent regulatory framework for the transportation and packaging of radioactive material. These changes would make the regulation of quality assurance programs more efficient by allowing changes that do not change quality assurance approval holder commitments to be made without prior NRC approval, and extending the duration of quality assurance program approvals. These changes would clarify the responsibilities of general licensees and further limit the shipping of fissile material under a general license. The parallel DOT proposed rulemaking was published in the Federal Register on August 12, 2011. Submit comments by July 30, 2013. (To submit comments, visit www.regulations.gov, reference RIN 3150–AI11.)

 

Federal Register Highlights – 5/15/13

Unpublished, time-sensitive and proposed rules for May 15, 2013:

PROPOSED RULE: The statute, as amended by the Affordable Care Act, requires aggregate reductions to state Medicaid Disproportionate Share Hospital (DSH) allotments annually from fiscal year (FY) 2014 through FY 2020. This proposed rule delineates a methodology to implement the annual reductions for FY 2014 and FY 2015. The rule also proposes to add additional DSH reporting requirements for use in implementing the DSH health reform methodology. To be assured consideration, comments must be received no later than 5 p.m. on July 12, 2013. (To submit comments, visit www.regulations.gov, reference file code CMS–2367–P.)

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on the Illinois River from Mile Marker 231.0 to Mile Marker 271.4. This zone is intended to place restrictions on vessels due to the salvage and port recovery operations in this part of the Illinois River, and the potential structural concerns regarding the Marseilles Dam. This safety zone is necessary to protect the general public, vessels, and tows from the hazards associated with salvage and port recovery operations and the potential catastrophic failure f the Marseilles Dam. This rule will be enforced with actual notice from April 29, 2013, until May 15, 2013. This rule is effective in the Code of Federal Regulations from May 15, 2013 until June 30, 2013.

TEMPORARY RULE: The Coast Guard is establishing a special local regulation on the waters of the Wando River, Cooper River, and Charleston Harbor in Charleston, South Carolina during the Low Country Splash on June 1, 2013. This special local regulation is necessary to ensure the safety of participants, spectators, and the general public during the event. The special local regulation will temporarily restrict vessel traffic in a portion of the Wando River and Charleston Harbor, preventing non-participant vessels from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Charleston or a designated representative. This rule is effective from 7 a.m. until 10 a.m. on June 1, 2013.

PROPOSED RULE: The National Endowment for the Humanities (NEH) is issuing Age Discrimination Act of 1975 regulations at 45 CFR part 1172. These regulations implement provisions of the Age Discrimination Act of 1975 and the general, government-wide age discrimination regulations promulgated by the United States Department of Health and Human Services (HHS). These regulations are designed to guide the actions of recipients of Federal financial assistance from NEH and incorporate the basic standards set forth in the general, government-wide regulations for determining what constitutes age discrimination. The regulations also discuss the responsibilities of NEH recipients and the investigations, conciliation, and enforcement procedures NEH has been using and will continue to use to ensure compliance with the Act. Written comments must be postmarked and electronic comments must be submitted on or before July 15, 2013. (You may submit comments by any of the following methods: email to gencounsel@neh.gov; fax to 202-606-8600, please send your comments to the attention of Gina Raimond; or postal mail to Gina Raimond, Attorney Advisor, Office of the General Counsel, National Endowment for the Humanities, 1100 Pennsylvania Ave. NW., Room 529, Washington, DC 20506. To ensure proper handling, please reference ‘‘Age Discrimination Act Regulations’’ on your correspondence.

PROPOSED RULE: The Privacy and Civil Liberties Oversight Board is proposing regulations to implement the Freedom of Information Act, the Privacy Act of 1974, and the Government in the Sunshine Act. This proposed rulemaking describes the procedures for members of the public to request access to records. In addition, this notice also proposes procedures for the Board’s responses to these requests, including the timeframe for response and applicable fees. You must submit comments on or before July 15, 2013. (To submit comments, visit www.regulations.gov, reference RIN 0311–AA01.)

 

Federal Register Highlights – 5/14/13

Unpublished, time-sensitive and proposed rules for May 14, 2013:

PROPOSED RULE:  This proposed rule would increase the assessment rate established for the California Desert Grape Administrative Committee (Committee) for the 2013 and subsequent fiscal periods from $0.0150 to $0.0165 per 18-pound lug of grapes handled. The Committee locally administers the marketing order that regulates the handling of grapes grown in a designated area of southeastern California. Assessments upon grape handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins January 1 and ends December 31. The assessment rate would remain in effect indefinitely unless modified, suspended or terminated. Comments must be received by May 29, 2013. (To submit comments, visit www.regulations.gov, reference docket number AMS–FV–13–0005.)

PROPOSED RULE: This proposed rule invites comments on revisions to the determination of sales history provisions currently prescribed under the cranberry marketing order (order). The order regulates the handling of cranberries grown in Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York, and is administered locally by the Cranberry Marketing Committee (Committee). This change would modify sales history calculations so that they would be applicable for future seasons and would adjust the number of years that could be considered when determining the highest four years of past sales. Comments must be received by
June 13, 2013. (To submit comments, visit www.regulations.gov, reference docket number AMS–FV–12–0042.)

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the draw of the State Highway Bridge across the Tuckahoe River, mile 8.0, between Corbin City and Upper Township, NJ. The deviation is necessary to facilitate mechanical repair work for excessive corrosion within working assemblies on the State Highway Bridge. This deviation allows the drawbridge to remain in the closed to navigation position during the deviation period. This deviation is effective from May 14, 2013 to 7 a.m. on October 24, 2013.

RULE: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL–600–2B19 (Regional Jet Series 100 & 440) airplanes. This AD was prompted by reports of two in-service incidents where the left main landing gear (MLG) failed to extend. This AD requires installing stopper plates on the aft uplock frames in the MLG bay adjacent to the right and left MLG uplock assemblies. We are issuing this AD to prevent incorrect installation of the upper bolt in the MLG uplock assembly, which could prevent the MLG from extending and could adversely affect the safe landing of the airplane. This AD becomes effective June 18, 2013.

RULE: We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737–300, –400, and –500 series airplanes. This AD was prompted by reports of two in-service occurrences on Model 737–400 airplanes of total loss of boost pump pressure of the fuel feed system, followed by loss of fuel system suction feed capability on one engine, and in-flight shutdown of the engine. This AD requires repetitive operational tests of the engine fuel suction feed of the fuel system, and corrective actions if necessary. We are issuing this AD to detect and correct loss of the engine fuel suction feed capability of the fuel system, which, in the event of total loss of the fuel boost pumps, could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. This AD is effective June 18, 2013.

RULE: We are adopting a new airworthiness directive (AD) for certain Twin Commander Aircraft LLC Models 690, 690A, and 690B airplanes. This AD requires inspection for cracking of the outer fuselage attachments, the lower wing main spar, the vertical channels, the upper picture window channels, aft cabin pressure web, external wing to fuselage fillets, and fasteners; repair or replacement of damaged parts as necessary; and modification of the structure with reinforced parts. This AD was prompted by cracks found in the upper picture window frame channels, left- and right-hand wing main spar frame support channels, and aft pressure bulkhead web. This condition, if not corrected, could result in structural failure of the airplane. We are issuing this AD to correct the unsafe condition on these products. This AD is effective May 29, 2013.

TEMPORARY RULE: NMFS announces an adjustment to the start of the annual closure of the shrimp fishery in the exclusive economic zone (EEZ) off Texas. The closure is normally from May 15 to July 15 each year. For 2013, the closure will begin on May 23. The Texas closure is intended to prohibit the harvest of brown shrimp during the major period of emigration of these shrimp from Texas estuaries to the Gulf of Mexico (Gulf) so the shrimp may reach a larger, more valuable size and to prevent the waste of brown shrimp that would be discarded in fishing operations because of their small size. Effective 30 minutes after sunset, May 23, 2013, to 30 minutes after sunset, July 15, 2013, unless the latter date is changed through notification in the Federal Register.

PROPOSED RULE: This document sets forth proposed revisions of the Foundation’s regulations under the Freedom of Information Act (FOIA). The revisions implement the provision of the Open FOIA Act of 2009 which amended Exemption 3, update procedural provisions, and allow for multi-track processing of requests. Submit comments on or before June 13, 2013. (To submit comments, visit www.regulations.gov, reference RIN 3145–AA56.)

 

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