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Federal Register Highlights – 2/1/13

February 1, 2013

Unpublished, time-sensitive and proposed rules for February 1, 2013:

RULE: The Coast Guard will enforce the Sitcum Waterway Security Zone in Commencement Bay, Tacoma, Washington from 6 a.m. on February 1, 2013, through 11:59 p.m. on February 7, 2013, unless cancelled sooner by the Captain of the Port. This action is necessary for the security of Department of Defense assets and military cargo in the navigable waters of Puget Sound and adjacent waters. Entry into this zone is prohibited unless otherwise exempted or excluded under 33 CFR 165.1321 or unless authorized by the Captain of the Port or his Designated Representative. The regulations in 33 CFR 165.1321 will be enforced for the security zone described in paragraph (c)(2) of that section from 6 a.m. on February 1, 2013, through 11:59 p.m. on February 7, 2013, unless cancelled sooner by the Captain of the Port.

PROPOSED RULE: The Coast Guard proposes to establish a permanent safety zone on the navigable waters of Port Valdez within a 200-yard radius of the Alaska Marine Highway System (AMHS) Port Valdez Ferry Terminal. The purpose of the safety zone is to restrict all vessels except AMHS vessels from entering within 200-yards of the AMHS Port Valdez Ferry Terminal whenever an AMHS ferry is underway within 200 yards of the terminal and there is a declared Commercial Salmon Fishery Opener. This safety zone is necessary to provide for the safety of life, property and the environment during periods of vessel traffic congestion during a declared Commercial Salmon Fishery Opener. Comments and related material must be received by the Coast Guard on or before May 2, 2013. (To submit comments, visit www.regulations.gov, reference docket number USCG–2012–0365.)

PROPOSED RULE: The Coast Guard is establishing a special local regulation on the waters of Rada Fajardo in Fajardo, Puerto Rico during the Fajardo Offshore Grand Prix, a high speed boat race. The event is scheduled to take place on Sunday, March 17, 2013. Approximately 30 high-speed power boats will be participating in the races. It is anticipated that 25 spectator crafts will be present during the races. The special local regulation is necessary for the safety of race participants, participant vessels, spectators, and the general public during the event. The special local regulation will establish the following three areas: One race area, where all persons and vessels, except those persons and vessels participating in the high-speed boat races, are prohibited from entering, transiting through, anchoring in, or remaining within; a buffer zone around the race areas, where all persons and vessels, except those persons and vessels enforcing the buffer zone or transiting to the race area, are prohibited from entering, transiting through, anchoring in, or remaining within; and a spectator area, where all vessels are prohibited from anchoring and from traveling in excess of wake speed, unless authorized by the Captain of the Port San Juan or a designated representative. Comments and related material must be received by the Coast Guard on or before February 7, 2013. (To submit comments, visit www.regulations.gov, reference docket number USCG–2012–1098.)

RULE: We are adopting a new airworthiness directive (AD) for all Airbus Model A310–203 airplanes. This AD was prompted by a report of an analysis that demonstrated a reduced fatigue life for the side link bolts, center sway link bolts, and thrust link bolts on the forward engine mounts. This AD requires repetitive replacement of those bolts. We are issuing this AD to prevent deterioration of the structural integrity of the bolts, which could result in possible damage to an engine or wing. This AD becomes effective March 8, 2013.

RULE: We are adopting a new airworthiness directive (AD) for all Airbus Model A330–200 Freighter series airplanes; Model A330–200 and –300 series airplanes; and Model A340–200 and –300 series airplanes. This AD was prompted by a report of a manufacturing defect in certain rods installed in the belly fairing, which could lead to cracks at the crimped end of the rod. This AD requires an inspection of the rods to determine the manufacturer; and for affected parts, an inspection for any cracking of the rods, and related investigative and corrective actions if necessary. We are issuing this AD to detect and correct cracking of the rods, which could result in rupture of rods that attach the belly fairing to the airframe, leading to separation of the belly fairing from the airframe, and consequent damage to airplane structure and airplane systems. This AD becomes effective March 8, 2013.

RULE: We are adopting a new airworthiness directive (AD) for all BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146, and Avro 146–RJ series airplanes. This AD was prompted by a report of loss of the end caps on the anti-icing piccolo tube of the wing leading edge. This AD requires a detailed inspection of the end caps on the anti-icing piccolo tube for lost or loose end caps, and replacing or repairing the end caps if necessary. We are issuing this AD to detect and correct lost and loose end caps on the anti-icing piccolo tube, and ice accretion on the wing leading edge or run-back ice, which could lead to a reduction in the stall margin on approach and loss of controllability of the airplane. This AD becomes effective March 8, 2013.

RULE: We are adopting a new airworthiness directive (AD) for all EADS CASA (Type Certificate previously held by Construcciones Aerona´uticas, S.A.) Model CN–235, CN–235–100, CN–235–200, and CN–235–300 airplanes. This AD was prompted by reports of incorrect electrical polarity connections on engine fire extinguishing discharge cartridges. This AD requires a one-time inspection to identify the correct polarity for each pair of electrical connectors on each engine fire extinguisher cartridge, and repair if necessary. We are issuing this AD to detect and correct incorrect polarity connections, which could prevent the actuation of the discharge cartridge in case of automatic fire detection or manual initiation during a potential engine fire, and could result in damage to the airplane and injury to passengers. This AD becomes effective March 8, 2013.

PROPOSED RULE: The Federal Energy Regulatory Commission (Commission) is proposing to revise the pro forma Small Generator Interconnection Procedures (SGIP) and pro forma Small Generator Interconnection Agreement (SGIA) originally set forth in Order No. 2006. The pro forma SGIP and SGIA establish the terms and conditions under which public utilities must provide interconnection service to Small Generating Facilities of no more than 20 megawatts (MW). In this Notice of Proposed Rulemaking (NOPR), the Commission proposes to modify the pro forma SGIP to: (1) Incorporate provisions that would provide an Interconnection Customer with the option of requesting from the Transmission Provider a pre-application report providing existing information about system conditions at a possible Point of Interconnection; (2) revise the 2 MW threshold for participation in the Fast Track Process included in section
2 of the pro forma SGIP; (3) revise the customer options meeting and the supplemental review following failure of the Fast Track screens so that the supplemental review is performed at the discretion of the Interconnection Customer and includes minimum load and other screens to determine if a Small Generating Facility may be interconnected safely and reliably; and (4) revise the pro forma SGIP Facilities Study Agreement to allow the Interconnection Customer the opportunity to provide written comments to the Transmission Provider on the upgrades required for interconnection. The Commission also proposes to clarify or correct certain sections of the pro forma SGIP and SGIA. The proposed reforms are intended to ensure that the time and cost to process small generator interconnect requests will be just and reasonable and not unduly discriminatory. To facilitate discussion of the proposed reforms, the Commission intends to hold a workshop at which stakeholders may discuss the proposals made in this NOPR. The workshop is to be held before the end of the comment period. Comments are due June 3, 2013. (To submit comments, visit www.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.)

PROPOSED RULE: This proposed rule would implement certain functions of the Affordable Insurance Exchanges (‘‘Exchanges’’), consistent with title I of the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010, referred to collectively as the Affordable Care Act. These specific statutory functions include determining eligibility for and granting certificates of exemption from the shared responsibility payment for not maintaining minimum essential coverage as described in section 5000A of the Internal Revenue Code. Additionally, this proposed rule implements the responsibility of the Secretary of Health and Human Services, in coordination with the Secretary of the Treasury, to designate other health benefits coverage as minimum essential coverage by providing that certain coverage be designated as minimum essential coverage. It also outlines substantive and procedural requirements that other types of individual coverage must fulfill in order to be certified as minimum essential coverage under the Internal Revenue Code. To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on March 18, 2013. (To submit comment, visit www.regulations.gov, reference file code CMS–9958–P.)

PROPOSED RULE: This document contains proposed regulations relating to the requirement to maintain minimum essential coverage enacted by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, as amended by the TRICARE Affirmation Act and Public Law 111–173. These proposed regulations provide guidance on the liability for the shared responsibility payment for not maintaining minimum essential coverage. This document also provides notice of a public hearing on these proposed regulations. Comments must be received by May 2, 2013. Outlines of topics to be discussed at the public hearing scheduled for May 29, 2013, at 10 a.m., must be received by May 3, 2013. (To submit comments, visit www.regulations.gov, reference docket number IRS REG–148500–12.)

TEMPORARY RULE: NMFS is prohibiting directed fishing for Pacific cod by pot catcher/processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2013 Pacific cod total allowable catch (TAC) specified for pot catcher/processors in the BSAI. Effective 1200 hrs, Alaska local time (A.l.t.), January 28, 2013, through 1200 hrs, A.l.t., September 1, 2013.

TEMPORARY RULE: NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2013 Pacific cod total allowable catch apportioned to vessels using pot gear in the Western Regulatory Area of the GOA. Effective 1200 hrs, Alaska local time (A.l.t.), January 28, 2013, through 1200 hrs, A.l.t., September 1, 2013.

PROPOSED RULE: This action would implement a cost recovery program for the Pacific coast groundfish trawl rationalization program, which is a catch share program and type of limited access privilege program (LAPP), as required by the Magnuson-Stevens Fishery Conservation and Management Act (MSA). This action includes regulations that affect all trawl rationalization program sectors (Shorebased Individual Fishing Quota (IFQ) Program, Mothership Coop Program, and Catcher/Processor Coop Program) managed under the Pacific Coast Groundfish Fishery Management Plan (FMP). Comments on this proposed rule must be received no later than 11:59 p.m., eastern time on March 18, 2013. (To submit comments, visit www.regulations.gov, reference docket number NOAA–NMFS–2012–0218.)

 

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