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Federal Register Highlights – 3/26/13

March 26, 2013

Unpublished, time-sensitive and proposed rules for March 26, 2013:

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone in the navigable waters of the San Francisco Bay near Hunters Point in San Francisco, CA in support of the San Francisco Police Department’s maritime interdiction training exercises. This safety zone is established to ensure the safety of the exercise participants and mariners transiting the area. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative. This rule is effective with actual notice from March 14, 2013, until March 26, 2013. This rule is effective in the Federal Register from March 26, 2013 until April 19, 2013. This rule will be enforced from 8 a.m. until 5 p.m. on March 14, 2013, from 8 a.m. until 1 p.m. on March 15, 2013, and from 8 a.m. until 5 p.m. on April 15, 2013, through April 19, 2013.

TEMPORARY RULE: The Coast Guard is establishing a special local regulation on the Atlantic Ocean and the entrance of Port Everglades in the vicinity of Fort Lauderdale, Florida during the 2013 Lauderdale Air Show. The event is scheduled to take place from Thursday April 18, 2013, until Sunday, April 21, 2013. The regulation is necessary to ensure the safety of the participants, spectators, and the general public during the event. The special local regulation will establish the following two areas: an exclusion area, where all persons and vessels, except those persons and vessels participating in the event, are prohibited from entering, transiting through, anchoring in, or remaining within; and a limited access area, where all vessels over 500 gross tons will be prohibited from entering, transiting through, anchoring in, or remaining within unless authorized by the Captain of the Port Miami or a designated representative. This rule is effective from 10 a.m. on April 18, 2013, until 5:30 p.m. on Sunday, April 21, 2013. The Atlantic Ocean exclusion area will be enforced daily from 10 a.m. until 5 p.m. from April 18, 2013, until April 21, 2013. The Port Everglades limited access area will be enforced daily from 4 p.m. until 5:30 p.m. on April 20, 2013, and April 21, 2013.

PROPOSED RULE: The Coast Guard proposes to issue a special local regulation on the waters of the Wando River, Cooper River, and Charleston Harbor in Charleston, SC during the Low Country Splash in Charleston, SC, 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. Comments and related material must be received by the Coast Guard on or before April 25, 2013. (To submit comments, visit www.regulations.gov, reference docket number USCG–2013–0052.)

PROPOSED RULE: The Coast Guard proposes to establish special local regulations during the ‘‘Red Bull Flugtag National Harbor event,’’ to be held on the waters of the Potomac River on September 21, 2013. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. These special local regulations will establish an event area, where all persons and vessels, except those persons and vessels participating in the Flugtag event, are prohibited from entering, transiting through, anchoring in or remaining within, and a spectator area, where all vessels are prohibited from transiting in excess of wake speed, unless authorized by the Captain of the Port Baltimore or his designated representative. This action is intended to temporarily restrict vessel traffic in a portion of the Potomac River during the event. Comments and related material must be received by the Coast Guard on or before April 25, 2013. (To submit comments, visit www.regulations.gov, reference docket number USCG–2013–0114.)

RULE: We are adopting a new airworthiness directive (AD) for all Agusta S.p.A. (Agusta) Model A109, A109A, A109A II, A109C, A109K2, A109E, A109S, and A119 helicopters. This AD was prompted by a mandatory continuing airworthiness information (MCAI) AD issued by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community. The MCAI AD states that a Model A109E helicopter experienced a failure of the tail rotor pitch control link assembly caused by a production defect. The actions of this AD are intended to prevent failure of a tail rotor pitch control link and subsequent loss of control of the helicopter. This AD is effective April 30, 2013.

RULE: We are adopting a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model EC130 B4 helicopters with a cabin vibration damper installed. This AD requires installing a vibration damper casing assembly on both sides of the helicopter. This AD was prompted by a crack and failure of a cabin vibration damper blade. The actions of this AD are intended to modify the cabin vibration damper assembly to prevent contact with the flight controls in the event of a cabin vibration blade failure, jamming of a flight control, and subsequent loss of control of the helicopter. This AD is effective April 30, 2013.

RULE: We are adopting a new airworthiness directive (AD) for MD Helicopters, Inc. (MDHI) Model 369D, 369E, 369F, and 369FF helicopters with certain serial-numbered tailboom assemblies. This AD requires measuring the distance between aft longeron rivets and the outboard edge of frame rings. If the distance is too short to ensure a safe flight, the AD requires installing a doubler. This AD was prompted by the discovery of short-edge margin conditions on two tailboom assemblies. The actions are intended to detect a short-edge margin condition, prevent failure of the tailboom and loss of control of the helicopter. This AD is effective April 30, 2013.

RULE: We are adopting a new airworthiness directive (AD) for Robinson Helicopter Company (Robinson) Model R44 and R44 II helicopters equipped with emergency floats. This AD requires replacing the inflation valve assembly. This AD was prompted by the failure of the emergency floats to deploy during a factory test because a needle was binding within the inflation valve assembly. The actions are intended to prevent the failure of the floats to inflate during an emergency landing. This AD is effective April 30, 2013.

PROPOSED RULE: NHTSA is proposing to establish direct final rulemaking (DFR) procedures for use in adopting amendments to its regulations on which no adverse public comment is expected by the agency. Under these procedures, NHTSA would issue a direct final rule adopting amendments that become effective a number of days (specified in the rule) after the date of publication of the rule in the Federal Register, unless NHTSA receives written adverse comment(s) or written notice of intent to submit adverse comment(s) by the specified date. Adoption of these new procedures would expedite the promulgation of routine and noncontroversial rules by reducing the time and resources necessary to develop, review, clear and publish separate proposed and final rules. NHTSA would not use direct final rule procedures for complex or controversial issues. Written comments must be received by May 28, 2013. Comments received after that date will be considered to the extent possible. (To submit comments, visit www.regulations.gov, reference docket number NHTSA–2013–0042.)

TEMPORARY RULE: NMFS implements accountability measures (AMs) for species and species groups in the exclusive economic zone of the U.S. Caribbean (EEZ) for the 2013 fishing year through this temporary rule. NMFS has determined that several annual catch limits (ACLs), as estimated by the Science and Research Director (SRD), were exceeded during the 2010 or 2011 fishing years. This temporary rule reduces the length of the 2013 fishing season for these species and species groups by the amount necessary to ensure that landings do not exceed the applicable ACL in 2013. NMFS implements AMs for the following species and species groups as of the date specified until the end of the fishing year: Snapper Unit 2 (commercial) in the EEZ off Puerto Rico, September 21, 2013; wrasses (recreational) in the EEZ off Puerto Rico, October 21, 2013; triggerfish and filefish in the EEZ off St. Croix, November 21, 2013; spiny lobster in the EEZ off St. Croix, December 19, 2013; groupers in the EEZ off St. Thomas/St. John, December 20, 2013. These AMs are necessary to protect the Caribbean reef fish and spiny lobster resources. This rule is effective April 25, 2013 through December 31, 2013. Snapper Unit 2 (commercial) AMs in the EEZ off Puerto Rico are effective 12:01 a.m., local time, September 21, 2013, until 12:01 a.m., local time, January 1, 2014. Wrasses (recreational) AMs in the EEZ off Puerto Rico are effective 12:01 a.m., local time, October 21, 2013, until 12:01 a.m., local time, January 1, 2014. Triggerfish and filefish AMs in the EEZ off St. Croix are effective 12:01 a.m., local time, November 21, 2013, until 12:01 a.m., local time, January 1, 2014. Spiny lobster AMs in the EEZ off St. Croix are effective 12:01 a.m., local time, December 19, 2013, until 12:01 a.m., local time, January 1, 2014. Groupers AMs in the EEZ off St. Thomas/St. John are effective 12:01 a.m., local time, December 20, 2013, until 12:01 a.m., local time, January 1, 2014.

PROPOSED RULE: This proposed rule would extend the region-wide moratorium on the harvest of gold corals in the U.S. Pacific Islands through June 30, 2018. NMFS intends this proposed rule to prevent overfishing and to stimulate research on gold corals. Comments must be received by April 25, 2013. (To submit comments, visit www.regulations.gov, reference docket number NOAA–NMFS–2013–0002.)

PROPOSED RULE: The U.S. Office of Personnel Management is issuing a proposed rule that would update the 2007 North American Industry Classification System (NAICS) codes currently used in Federal Wage System wage survey industry regulations with the 2012 NAICS revisions published by the Office of Management and Budget. We must receive comments on or before April 25, 2013. (To submit comments, visit www.regulations.gov, reference RIN 3206–AM78.)

PROPOSED RULE: The Office of Surface Mining Reclamation and Enforcement (OSM) proposes to revise its Federal and Indian Lands Program regulations for the purposes of adjusting the existing permit fees and assessing new fees to recover the actual costs for permit review and administration and permit enforcement activities provided to the coal industry. These fees are authorized under the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and the Independent Offices Appropriations Act of 1952 (IOAA). The fees would be used to offset OSM’s costs for processing various permit applications and related actions, administering those permits over their lifecycle, and performing required inspections. The proposed fees would be applicable to permits for coal mining on lands under OSM’s direct regulatory jurisdiction. The proposed fees would also be applicable to coal mining on Indian lands where OSM is the regulatory authority. The primary purpose of this rulemaking is to charge the surface coal mining and reclamation operations that benefit from obtaining and operating under surface coal mining and reclamation permits for OSM’s costs to review, administer, and enforce those permits instead of passing those costs on to the general public. Electronic or written comments: OSM will accept written comments on the proposed rule on or before May 28, 2013. Comments on the proposed rule’s information collection should be submitted by April 25, 2013. (To submit comments, visit www.regulations.gov, reference docket number  OSM–2012–0003.)

PROPOSED RULE: The Transportation Security Administration (TSA) is proposing to revise its civil aviation security regulations to clarify that TSA may use advanced imaging technology (AIT) to screen individuals at security screening checkpoints. This proposed rule is issued to comply with a decision of the U.S. Court of Appeals for the District of Columbia Circuit, which ordered TSA to engage in notice-and-comment rulemaking on the use of AIT for screening. The Court decided that TSA should provide notice and invite comments on the use of AIT technology for primary screening. Submit comments by June 24, 2013. (To submit comments, visit www.regulations.gov, reference docket number TSA–2013–0004.)

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