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Federal Register Highlights – 5/9/13

May 9, 2013

Unpublished, time-sensitive and proposed rules for May 10, 2013:

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on the Illinois River from Mile Marker 187.2 to Mile Marker 285.9. This zone is intended to place restrictions on vessels due to current extreme high-water conditions. This safety zone is necessary to protect the general public, levee systems, vessels, and tows from the hazards associated with flood waters and potential catastrophic failure of the Marseilles Dam. This rule will be enforced with actual notice from April 26, 2013, until May 9, 2013. This rule is effective in the Code of Federal Regulations from May 9, 2013 until May 31, 2013.

TEMPORARY RULE: The Coast Guard will enforce the Special Local Regulation for the annual National Maritime Week Tugboat Races in Elliott Bay, WA from 12 p.m. until 4:30 p.m. on May 11, 2013. This action is necessary to ensure the safety of all participants and spectators from the inherent dangers associated with these types of races which includes large wakes. During the enforcement period, no person or vessel may enter or remain in the regulated area except for participants in the event, supporting personnel, vessels registered with the event organizer, and personnel or vessels authorized by the Coast Guard Patrol Commander. This regulation will be enforced from 12 p.m. until 4:30 p.m. on May 11, 2013.

PROPOSED RULE: On June 14, 2012, the United States Copyright Office published a notice of proposed rulemaking and request for comments concerning a new regulation that will allow copyright owners to audit the Statements of Account and royalty fees that cable operators and satellite carriers deposit with the Copyright Office for secondary transmissions of broadcast programming made pursuant to statutory licenses. The Copyright Office has revised the proposed regulation based on comments that it received from copyright owners, cable operators, and satellite carriers. The Copyright Office seeks comments on the revised proposal before it is adopted as a final rule. Comments on the revised proposal must be received in the Office of the General Counsel of the Copyright Office no later than 5 p.m. Eastern Daylight Time (EDT) on June 10, 2013. Reply comments must be received in the Office of the General Counsel no later than 5 p.m. EDT on June 24, 2013. (A comment submission page is posted on the Copyright Office Web site at www.copyright.gov/docs/soaaudit/comments/submission/.)

PROPOSED RULE: The Corps of Engineers is proposing to amend its regulations to establish a new danger zone in waters of the Pacific Ocean off the Kekaha Range Facility, Barking Sands, Island of Kauai, Hawaii. The proposed amendment is necessary for the Hawaii Army National Guard to continue small arms training operations at the Kekaha Range Facility and to protect the public from potentially hazardous conditions which may exist as a result of that use. The proposed amendment would prohibit, on an intermittent basis, vessels from entering a six mile wide section of the Pacific Ocean that narrows to a 0.7 mile wide section along the shoreline fronting the Kekaha Range Facility without first obtaining permission from the Commanding Officer of Kekaha Range Facility. Written comments must be submitted on or before June 10, 2013. (To submit comments, visit www.regulations.gov, reference docket number COE–2013–0004.)

PROPOSED RULE: The U.S. Army Corps of Engineers (Corps) is proposing to amend its regulations by revising an existing restricted area regulation and establishing six new restricted areas along the Tyndall Air Force Base (AFB) facility shoreline. Tyndall AFB is surrounded on three sides by water with approximately 129 miles of unprotected coastline. This includes several areas where the lack of security or lack of restriction on access to these areas leaves Tyndall AFB personnel and resources vulnerable to unauthorized activities. This amendment is necessary to implement an enhanced security plan for Tyndall AFB, which includes four new permanent restricted areas and the ability to activate two additional restricted areas as local and national intelligence threat evaluations dictate. Written comments must be submitted on or before June 10, 2013. (To submit comments, visit www.regulations.gov, reference docket number COE–2013–0003.)

RULE: We are adopting a new airworthiness directive (AD) for all Airbus Model A330–200 and A330–300 series airplanes, and Model A340–200 and A340–300 series airplanes. This AD was prompted by reports of an elevator blocked in the down position due to two independent failures; first, the inability of a servo control to switch to active mode because it was not detected by a flight control computer; and second, an internal hydraulic leak due to the deterioration of an O-ring seal on a solenoid. This AD requires, depending on airplane configuration, modifying three flight control primary computers (FCPCs); modifying two flight control secondary computers (FCSCs); revising the airplane flight manual (AFM) to include certain information; replacing certain O-rings; and checking part number and replacing certain O-ring seals if needed. We are issuing this AD to detect and correct O-rings with incorrect part numbers whose deterioration could lead to improper sealing of solenoid valves; and to correct FCPC and FCSC software to allow better control of elevator positioning; both conditions, if not corrected, could lead to the loss of elevator control on takeoff, and potentially reduce the controllability of the airplane. This AD becomes effective June 13, 2013.

RULE: We are superseding an existing airworthiness directive (AD) for certain Revo, Incorporated Models COLONIAL C–1, COLONIAL C–2, LAKE LA–4, LAKE LA–4A, LAKE LA–4P, and LAKE LA–4–200 airplanes. That AD currently requires a one-time, dye-penetrant inspection of the horizontal stabilizer attachment fitting and repetitive visual inspections of the fitting for any evidence of fretting, cracking, or corrosion (with necessary replacement and modification); replacement of the fitting upon reaching the 850-hours time-in-service (TIS) safe life; and reporting to the FAA the results of the initial inspection and any cracks found on repetitive inspections. This new AD requires the same actions of AD 2005–12–02 except using revised service documents and procedures, adds Model COLONIAL C–1 airplanes to the Applicability, and adds an optional terminating action for the requirements. This AD was prompted by a report from Revo, Incorporated that, while the drawing numbers are different, the attachment fittings on the Model COLONIAL C–1 airplanes are identical in every other respect to those installed on the airplanes referenced in AD 2005– 12–02. We are issuing this AD to correct the unsafe condition on these products. This AD is effective June 13, 2013.

RULE: We are revising an existing airworthiness directive (AD) for all The Boeing Company Model 737–100, –200, –200C, –300, –400, and –500 series airplanes. That AD currently requires repetitive inspections to detect cracking in the web of the aft pressure bulkhead at body station 1016 at the aft fastener row attachment to the ‘‘Y’’ chord, various inspections for discrepancies at the aft pressure bulkhead, and related investigative and corrective actions if necessary. This new AD requires clarifying certain actions specified in the existing AD. This AD was prompted by several reports of fatigue cracks in the aft pressure bulkhead. We are issuing this AD to detect and correct such fatigue cracking, which could result in rapid decompression of the fuselage. This AD is effective June 13, 2013.

RULE: We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 737–200, –200C, –300, –400, and –500 series airplanes. That AD currently requires a one-time mid-frequency eddy current (MFEC) inspection, a low-frequency eddy current (LFEC) inspection, and a detailed inspection for damage or cracking of stringer S–4L and S–4R lap joints and stringer clips between body station (BS) 540 and BS 727, and follow-on inspections and repair if necessary. This new AD instead requires repetitive external eddy current inspections for cracking of certain fuselage crown lap joints, and corrective actions if necessary; internal eddy current and detailed inspections for cracking of certain fuselage crown lap joints, and repair if necessary; and detailed inspections of certain stringer clips, and replacement with new stringer clips if necessary. This AD also adds airplanes to the applicability. This AD was prompted by reports of cracking of the lap joint lower row. We are issuing this AD to detect and correct cracking of the fuselage lap joints, which could result in sudden decompression of the airplane. This AD is effective June 13, 2013.

RULE: We are superseding two existing airworthiness directives (AD) that apply to certain The Boeing Company Model 737–100, –200, –200C, –300, –400, and –500 series airplanes. Those ADs, for certain airplanes, currently require repetitive inspections of the flap track of the wing outboard flap, and corrective actions if necessary; and eventual rework of the flap track assembly and rear spar attachments. For certain airplanes, this new AD adds repetitive inspections, scheduled overhauls, correct alignment during installation, and repetitive maintenance of the flap track, and corrective actions if necessary. This new AD also adds airplanes to the applicability. This AD was prompted by reports that the work sequence and procedures used during installation of replacement tracks could cause loose or cracked tracks. We are issuing this AD to detect and correct cracking and damage in the flap track, which could cause loss of the outboard trailing edge flap and consequent reduced controllability of the airplane. This AD is effective June 13, 2013.

PROPOSED RULE: The Food and Drug Administration (FDA) is proposing to reclassify ultraviolet (UV) lamps intended to tan the skin from class I (general controls) exempt from premarket notification to class II (special controls) and subject to premarket notification, and to rename them sunlamp products. FDA is also designating special controls that are necessary to provide a reasonable assurance of the safety and effectiveness of the device. FDA is proposing this reclassification on its own initiative based on new information. Submit either electronic or written comments on this proposed order by August 7, 2013. (To submit comments, visit www.regulations.gov, reference docket number FDA–2013–N–0461.)

PROPOSED RULE: The National Park Service proposes to amend its special regulations for Curecanti National Recreation Area, Colorado, to designate routes, water surfaces, and areas where snowmobiles or motor vehicles may be used off park roads. Unless authorized by special regulation, the operation of snowmobiles and the operation of motor vehicles off road within areas of the National Park System are prohibited. The other existing special regulations for Curecanti National Recreation Area would remain in effect. Comments must be received by July 8, 2013. (To submit comments, visit www.regulations.gov, reference RIN 1024–AD76.)

PROPOSED RULE: The Department of Veterans Affairs (VA) is proposing to amend its medical regulations concerning eligibility for health care to re-establish the definitions of ‘‘active military, naval, or air service,’’ ‘‘active duty,’’ and ‘‘active duty for training.’’ These definitions were deleted in 1996; however, we believe that all duty periods should be defined in part 17 of the Code of Federal Regulations (CFR) to ensure proper determination of eligibility for VA health care. We would also provide a more complete definition of ‘‘inactive duty training.’’ Comments must be received by VA on or before July 8, 2013. (To submit comments, visit www.regulations.gov, reference RIN 2900–AO25.)

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