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Federal Register Highlights – 1/23/13

January 23, 2013

Unpublished, time-sensitive and proposed rules for January 23, 2013:

RULE: By this direct final rule, the Coast Guard is removing the Decker Island restricted anchorage area in the Sacramento River. The restricted anchorage area was needed in the past to prevent non-government vessels from transiting through or anchoring in the United States Army’s tug and barge anchorage zones. The United States Army relinquished control of the island in 1975, and the restricted anchorage area is no longer necessary. This rule is effective April 23, 2013,

TEMPORARY RULE: The Commander, Ninth Coast Guard District is staying (suspending) reporting requirements under the Regulated Navigation Area (RNA) established for barges loaded with certain dangerous cargoes (CDC barges) in the inland rivers of the Ninth Coast Guard District. This stay (suspension) extension is necessary because the Coast Guard continues to analyze future reporting needs and evaluate possible changes in CDC reporting requirements. This stay (suspension) of the CDC reporting requirements in no way relieves towing vessel operators and fleeting area managers responsible for CDC barges in the RNA from their dangerous cargo or vessel arrival and movement reporting obligations currently in effect under other regulations or placed into effect under appropriate Coast Guard authority. This rule is effective in the CFR on January 23, 2013 until 11:59 p.m. on September 30, 2013.

TEMPORARY RULE: The Coast Guard is establishing a temporary security zone encompassing certain waters of the Potomac River and Anacostia River. This action is necessary to safeguard persons and property, and prevent terrorist acts or incidents. This rule prohibits vessels and people from entering the security zone and requires vessels and persons in the security zone to depart the security zone, unless specifically exempt under the provisions in this rule or granted specific permission from the Coast Guard Captain of the Port Baltimore. This action is intended to temporarily restrict vessel traffic in portions of the Potomac and Anacostia Rivers during the event. This rule is effective from January 15, 2013 until January 24, 2013.

PROPOSED RULE: The U.S. Department of Energy (DOE) proposes to establish a new test procedure for set-top boxes (STBs). The proposed test procedure describes the methods for measuring the power consumption of STBs in the on, sleep (commonly known as standby mode), and off modes. Further, an annual energy consumption (AEC) metric is proposed to calculate the annualized energy consumption of the STB based on its power consumption in the different modes of operation. DOE has tentatively identified that the test methods described in the draft Consumer Electronics Association (CEA) standard, CEA–2043, ‘‘Set-top Box (STB) Power Measurement’’ are appropriate to use as a basis for developing the test procedure for STBs. The draft CEA–2043 standard specifies the test methods for determining the power consumption of a STB in the on, sleep, and off modes. The proposed test procedure in this rulemaking is primarily based on the draft CEA–2043 standard, which was issued as an email ballot to the members of the CEA working group developing the standard for a vote on November 27, 2012. DOE will hold a public meeting on Wednesday, February 27, 2013, from 9 a.m. to 4 p.m., in Washington, DC. The meeting will also be broadcast as a webinar. See section V, ‘‘Public Participation,’’ for webinar registration information, participant instructions, and information about the capabilities available to webinar participants. DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) before and after the public meeting, but no later than April 8, 2013. (To submit comments, visit, reference docket number EERE–2012–BT–TP–0046.)

PROPOSED RULE: EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for four chemical substances which were the subject of premanufacture notices (PMNs). This action would require persons who intend to manufacture, import, or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs. Comments must be received on or before February 22, 2013. (To submit comments, visit, reference docket number EPA–HQ–OPPT–2011–0941.)

RULE: We are adopting a new airworthiness directive (AD) for Bell Model 206L, 206L–1, 206L–3, and 206L–4 helicopters. This AD requires inspecting certain hydraulic servo actuator assemblies (servo) for a loose nut, shaft, and clevis assembly, modifying or replacing the servo as necessary, and reidentifying the servo. This AD is prompted by an investigation after an accident and the determination that there was a loose connection due to improper lock washer installation. These actions are intended to detect loose or misaligned parts of the servo to prevent failure of the servo and subsequent loss of control of the helicopter. This AD becomes effective February 7, 2013.

RULE:  We are superseding four airworthiness directives related to the main rotor yoke (yoke) on the Bell Model 204B, 205A, 205A–1, 205B, and 212 helicopters, to retain certain inspections and certain life limits, to require an increased inspection frequency for certain yokes, and to expand these inspections and retirement lives to other yokes. This airworthiness directive is prompted by past reports of cracks in the yoke, another recent report of a cracked yoke, and the decision that other yokes, approved based on identicality, need to be subject to the same inspection requirements and retirement lives. The actions are intended to detect a crack in a yoke to prevent failure of the yoke, and subsequent loss of control of the helicopter. This AD is effective February 27, 2013.

PROPOSED RULE: We, the U.S. Fish and Wildlife Service (Service), propose to establish a nonessential experimental population (NEP) of the Topeka shiner (Notropis topeka), a federally endangered fish, under the authority of section 10(j) of the Endangered Species Act of 1973, as amended (Act). This proposed rule provides a plan for reintroducing Topeka shiners into portions of the species’ historical range in Adair, Gentry, Harrison, Putnam, Sullivan, and Worth Counties, Missouri and provides for allowable legal incidental taking of the Topeka shiner within the defined NEP area. Topeka shiners will not be reintroduced into the NEP area until after we issue a final regulation that establishes the NEP. We will accept comments received or postmarked on or before March 25, 2013. (To submit comments, visit, reference docket number FWS–R3–ES–2012–0087.)



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