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Federal Register Highlights – 1/14/13

January 14, 2013

Unpublished, time-sensitive and proposed rules for January 14, 2013:

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on the Indiana Harbor Canal in East Chicago, Indiana. This safety zone is intended to restrict vessels from a portion of the Indiana Harbor Canal due to the demolition Project on the Cline Avenue Bridge. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the demolition project. This rule is effective from 12:00 p.m. on January 1, 2013 until 12:00 a.m. on February 1, 2013.

PROPOSED RULE: The Coast Guard proposes to extend the temporary safety zone established on the waters of the Atlantic Intracoastal Waterway at Wrightsville Beach, North Carolina. The safety zone is necessary to provide for the safety of mariners on navigable waters during maintenance on the US 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North Carolina. The safety zone extension will temporarily restrict vessel movement within the designated area starting on May 1, 2013 through July 27, 2013. Comments and related material must be received by the Coast Guard on or before February 13, 2013. (To submit comments, visit, reference docket number USCG–2012–1082.)

RULE: The FAA is correcting an airworthiness directive (AD) that published in the Federal Register. That AD applies to Lycoming Engines TSIO–540–AK1A, and Continental Motors, Inc. TSIO–360–MB, TSIO–360–SB, and TSIO–360–RB reciprocating engines, with certain Hartzell Engine Technologies (HET) turbochargers, model TA0411, part number 466642–0001; 466642–0002; 466642–0006; 466642–9001; 466642–9002; or 466642–9006, or with certain HET model TA0411 turbochargers overhauled or repaired since August 29, 2012. The Summary paragraph and the Applicability paragraph list an incorrect engine model for Lycoming Engines. This document corrects those errors. In all other respects, the original document remains the same. This final rule is effective January 14, 2013. The effective date for AD 2012–24–09 (77 FR 72203, December 5, 2012) remains December 20, 2012.

PROPOSED RULE: The Food and Drug Administration (FDA) is proposing to reclassify the blade-form endosseous dental implant, a preamendments class III device, into class II (special controls). On its own initiative, based on new information, FDA is proposing to revise the classification of blade-form endosseous dental implants. Submit either electronic or written comments on this proposed order by April 15, 2013. (To submit comments, visit, reference docket number FDA–2012–N–0677.)

PROPOSEd RULE: The Department of Agriculture (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA) is proposing several changes to the fee schedule for official inspection and weighing services performed under the United States Grain Standards Act (USGSA), as amended. The USGSA provides GIPSA’s Federal Grain Inspection Service (FGIS) with the authority to charge and collect reasonable fees to cover the cost of performing official services. These fees also cover the costs associated with managing the program. After a financial review of GIPSA’s Fees for Official Inspection and Weighing Services, including a comparison of the costs and revenues associated with official inspection and weighing services, GIPSA is proposing to revise local and national tonnage fees (assessed in addition to all other applicable fees) for all export grain shipments serviced by GIPSA field offices. Comments must be received on or before February 13, 2013. (To submit comments, visit, reference RIN 0580–AB13.)

PROPOSED RULE: As required by the Pedestrian Safety Enhancement Act (PSEA) of 2010 this rule proposes to establish a Federal motor vehicle safety standard (FMVSS) setting minimum sound requirements for hybrid and electric vehicles. This new standard would require hybrid and electric passenger cars, light trucks and vans (LTVs), medium and heavy duty, trucks, and buses, low speed vehicles (LSVs), and motorcycles to produce sounds meeting the requirements of this standard. This proposed standard applies to electric vehicles (EVs) and to those hybrid vehicles (HVs) that are capable of propulsion in any forward or reverse gear without the vehicle’s internal combustion engine (ICE) operating. This standard would ensure that blind, visually-impaired, and other pedestrians are able to detect and recognize nearby hybrid and electric vehicles, as required by the PSEA, by requiring that hybrid and electric vehicles emit sound that pedestrians would be able to hear in a range of ambient environments and contain acoustic signal content that pedestrians will recognize as being emitted from a vehicle. The benefit of reducing the pedestrian injury rate per registered vehicle of HVs to ICE vehicles when 4.1% of the fleet is HV and EV would be 2790 fewer pedestrian and pedalcyclist injuries. We also estimate that this proposal will result in 10 fewer pedestrian and pedalcyclist injuries caused by LSVs. Thus, 2800 total injured pedestrians are expected to be avoided due to this proposal representing 35 equivalent lives saved. We do not estimate any quantifiable benefits for EVs because it is our view that EV manufacturers would have installed alert sounds in their cars without passage of the PSEA and this proposed rule. Comparison of costs and benefits expected due to this rule provides a cost of $0.83 to $0.99 million per equivalent life saved across the 3 and 7 percent discount levels for the light EV and HV and LSV fleet. According to our present model, a countermeasure that allows a vehicle to meet the proposed minimum sound requirements would be cost effective compared to our comprehensive cost estimate of the value of a statistical life of $6.3 million. Comments must be received on or before March 15, 2013. (To submit comments, visit, reference docket number NHTSA–2011–0148.)

PROPOSED RULE: We, the National Marine Fisheries Service (NMFS), propose to designate critical habitat for lower Columbia River coho salmon (Oncorhynchus kisutch) and Puget Sound steelhead (O. mykiss), currently listed as threatened species under the Endangered Species Act (ESA). The specific areas proposed for designation for lower Columbia River coho include approximately 2,288 mi (3,681 km) of freshwater and estuarine habitat in Oregon and Washington. The specific areas proposed for designation for Puget Sound steelhead include approximately 1,880 mi (3,026 km) of freshwater and estuarine habitat in Puget Sound, Washington. We propose to exclude a number of particular areas from designation because the benefits of exclusion outweigh the benefits of inclusion and exclusion will not result in the extinction of the species. We are soliciting comments from the public on all aspects of the proposal, including information on the economic, national security, and other relevant impacts of the proposed designations, as well as the benefits to the species from designations. We will consider additional information received prior to making final designations. Comments on this proposed rule must be received by 5 p.m. P.S.T. on April 15, 2013. Requests for public hearings must be made in writing by February 28, 2013. (To submit comments, visit, reference docket number NOAA–NMFS–2012–0224.)



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