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Federal Register Highlights – 8/16/13

August 16, 2013

Unpublished, time-sensitive and proposed rules for August 16, 2013:

PROPOSED RULE: We are proposing to amend the fruits and vegetables regulations to allow the importation of cape gooseberry from Colombia into the United States. As a condition of entry, cape gooseberry from Colombia would be subject to a systems approach that would include requirements for establishment of pest-free places of production and the labeling of boxes prior to shipping. The cape gooseberry would also have to be imported in commercial consignments and accompanied by a phytosanitary certificate issued by the national plant protection organization of Colombia certifying that the fruit has been produced in accordance with the systems approach. This action would allow for the importation of cape gooseberry from Colombia into the United States while continuing to provide protection against the introduction of plant pests. We will consider all comments that we receive on or before October 15, 2013. (To submit comments, visit www.regulations.gov, reference docket number APHIS–2012–0038.)

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the draw of the Norfolk Southern #5 Railroad Bridge, across the Elizabeth River Eastern Branch, mile 1.1, at Norfolk, VA. This deviation is necessary to facilitate replacing the broken tread plates and shimming the remaining tread plates to the proper elevation on the Norfolk Southern #5 Railroad drawbridge. There are a total of 10 tread plates that need to be replaced. This temporary deviation allows the drawbridge to remain in the closed to navigation position. This deviation is effective from 10 a.m. on August 19, 2013 to 6 p.m. August 30, 2013.

TEMPORARY RULE: The Coast Guard has changed the drawbridge operation regulations that govern the operation of the Veterans Memorial Bridge across the Taunton River, mile 2.1, between Fall River and Somerset, Massachusetts. The bridge owner, Massachusetts Department of Transportation, submitted a request to reduce the hours the bridge is crewed based upon infrequent requests to open the draw. It is expected that this change to the regulations will provide relief to the bridge owner from crewing the bridge while continuing to meet the reasonable needs of navigation. This rule is effective September 16, 2013.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on Lake Erie, Conneaut, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the D-Day Conneaut event. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a historical re-enactment. This rule will be effective from 3 p.m. August 16, 2013, to 5 p.m. August 17, 2013. On August 16, 2013, this rule will be enforced from 3 p.m. to 5 p.m. On August 17, 2013, this rule will be enforced from 2 p.m. to 5 p.m., or until all vintage U.S. fighter planes leave the area.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on the Niagara River near North Tonawanda, NY. This safety zone is intended to restrict vessels from a portion of the Niagara River during the Thunder on the Niagara hydroplane race. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a hydroplane race. This rule will be effective from 9:30 a.m. on August 17, 2013, until 5:30 p.m. August 18, 2013. This rule will be enforced from 9:30 a.m. until 5:30 p.m. on August 17 and 18, 2013.

PROPOSED RULE: The Commodity Futures Trading Commission (‘‘Commission’’) is proposing amendments to its regulations to establish additional standards for compliance with the derivatives clearing organization (‘‘DCO’’) core principles set forth in Section 5b(c)(2) of the Commodity Exchange Act (‘‘CEA’’) for systemically important DCOs (‘‘SIDCOs’’) and DCOs that elect to opt-in to the SIDCO regulatory requirements (‘‘Subpart C DCOs’’). SIDCOs and Subpart C DCOs would be required to comply with the requirements applicable to all DCOs, which are set forth in the Commission’s DCO regulations on compliance with core principles, to the extent those requirements are not inconsistent with the requirements of the regulations in this proposed rule. The proposed amendments include: Procedural requirements for opting in to the regulatory regime as well as substantive requirements relating to governance, financial resources, system safeguards, special default rules and procedures for uncovered losses or shortfalls, risk management, additional disclosure requirements, efficiency, and recovery and wind-down procedures. These additional requirements would also be consistent with the Principles for Financial Market Infrastructures (‘‘PFMIs’’) published by the Committee on Payment and Settlement Systems and the Board of the International Organization of Securities Commissions (‘‘CPSS–IOSCO’’). In addition, the Commission is proposing certain delegation provisions and certain technical clarifications. Submit comments on or before September 16, 2013. (To submit comments, visit www.regulations.gov, reference RIN Number 3038–AE06.)

RULE: We are superseding airworthiness directive (AD) 2004–15–07, for certain Airbus Model A310 series airplanes. AD 2004–15–07 required repetitive inspections for fatigue cracking of the area around the fasteners of the landing plate of the aileron access doors of the bottom skin panel of the wings, and related corrective action. AD 2004–15–07 also provided for an optional terminating action to end the repetitive inspections. This new AD reduces the initial inspection compliance time and intervals, and provides additional terminating action options. This AD was prompted by a reassessment of a previous fatigue threshold and inspection interval, which resulted in a determination that reduced inspection thresholds and intervals for accomplishment of the tasks are necessary. We are issuing this AD to detect and correct fatigue cracking of the area around the fasteners of the landing plate of the aileron access doors and the bottom skin panel of the wings, which could result in reduced structural integrity of the wings. This AD becomes effective September 20, 2013.

RULE: We are adopting a new airworthiness directive (AD) for all Eclipse Aerospace, Inc. Model EA500 airplanes equipped with Avio, Avio with ETT, or Avio NG 1.0 avionics suites. This AD was prompted by a report of potential aircraft hardware failure in the autopilot control panel and the center switch panel. This AD requires either incorporating updates to the aircraft computer system software or incorporating a temporary revision to the aircraft flight manual. We are issuing this AD to correct the unsafe condition on these products. This AD is effective September 20, 2013.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737–600, –700, –700C, –800, –900, and –900ER series airplanes. This AD was prompted by a report of an inboard main landing gear (MLG) door assembly departure due to premature fatigue cracking in the inboard MLG door hinge fittings. This AD requires repetitive inspections for cracking of the inboard MLG door hinge fittings; and replacement or modification of cracked fittings. This AD also provides an option to remove the affected MLG door. We are issuing this AD to detect and correct fatigue cracking in the inboard MLG door hinge fittings, which could result in loss of the MLG door assembly from the airplane, and the MLG door assembly could impact the flight control surfaces and result in reduced controllability of the airplane. This AD is effective September 20, 2013.

RULE: We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 727 airplanes. This AD was prompted by a report of cracking in the left-side chord of the fin closure rib on the vertical stabilizer. This AD requires repetitive inspections of the left and right side chords of the fin closure rib for cracking and corrosion, and related investigative and corrective actions if necessary. We are issuing this AD to detect and correct cracking and corrosion in the left- and right-side chords of the fin closure rib, which could lead to widespread cracking in the chords that might weaken the fin closure rib structure and result in loss of airplane control due to lack of horizontal stabilizer support. This AD is effective September 20, 2013.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 727 airplanes. This AD was prompted by an evaluation by the design approval holder indicating that the frame-to-floor beam attachment is subject to widespread fatigue damage. This AD requires repetitive high frequency eddy current inspections for any crack of the frames at body station (STA) 188 through STA 344, and repair if necessary. We are issuing this AD to detect and correct fatigue cracking at the frame-to-floor beam attachment, on both the left- and right-sides, which could result in reduced structural integrity of the airplane, and decompression of the cabin. This AD is effective September 20, 2013.

RULE: We are superseding airworthiness directive (AD) 2008–06–29, which applied to all The Boeing Company Model 737–300, –400, and –500 series airplanes. AD 2008–06–29 required repetitive inspections of the downstop assemblies on the main tracks of the No. 2, 3, 4, and No. 5 slats and the inboard track of the No. 1 and 6 slats to verify if any parts are missing, damaged, or in the wrong order; other specified actions; and related investigative and corrective actions if necessary. This new AD retains these requirements and adds an inspection of the slat can interior for foreign object debris (FOD), and removal of any FOD found; modification of the slat track hardware; an inspection for FOD and for damage to the interior surface of the slat cans; and related investigative and corrective actions, if necessary. This AD was prompted by development of a modification by the manufacturer, which, when installed, would terminate the repetitive inspections. We are issuing this AD to prevent loose or missing parts in the main slat track downstop assemblies, which could puncture the slat track housing and result in a fuel leak and consequent fire. This AD is effective September 20, 2013.

PROPOSED RULE: The U.S. General Services Administration (GSA) is proposing to amend the Federal Management Regulation (FMR) to recommend that agencies, as defined in § 102–117.25, provide written authority to Transportation Officers who acquire transportation services utilizing a rate tender acquisition. This written authority would help agencies manage the billions of dollars that the Government spends annually on transportation. This proposed rule, if adopted, would describe procedures that agencies should follow to delegate authority to Transportation Officers and includes experience and training requirements that a Transportation Officer should meet before being authorized to acquire transportation services. Interested parties should submit comments in writing on or before October 15, 2013 to be considered in the formulation of a final rule. (To submit comments, visit www.regulations.gov, reference FMR Case 2013–102–1.)

PROPOSED RULE: PHMSA is proposing to amend the pipeline safety regulations to incorporate by reference (IBR) all or parts of new, updated, or reaffirmed editions of voluntary consensus standards that are available on the Internet, free-of-charge, to the public. PHMSA is also proposing to make non-substantive edits and to clarify regulatory language in certain provisions. These proposed changes are relatively minor, and would not require pipeline operators to undertake any significant new pipeline safety initiatives. Submit comments on the subject of this NPRM on or before October 15, 2013. (To submit comments, visit www.regulations.gov, reference docket number PHMSA–2011–0337.)

 

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