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Federal Register Highlights – 11/5/13

November 5, 2013

Unpublished, time-sensitive and proposed rules for November 5, 2013:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the I64 Bridge across the Atlantic Intracoastal Waterway, South Branch of the Elizabeth River, mile 7.1, at Chesapeake, VA. This deviation is necessary to facilitate maintenance work on the rotary span limit switches. This temporary deviation allows the drawbridge to remain in the closed to navigation position. This deviation is effective from 7 a.m. on November 15, 2013 to 12 p.m. November 17, 2013.

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 milling the top of the plates and webs to create a flat surface on the Norfolk Southern #5 Railroad drawbridge. The final phase of repairs is shimming the tread plates into place. This temporary deviation allows the drawbridge to remain in the closed to navigation position. This deviation is effective from November 5, 2013 through December 8, 2013, and has been enforced with actual notice since November 4, 2013.

TEMPORARY RULE: The Commander, First Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the Path (Railroad) Bridge across the Hackensack River, mile 3.0, at Jersey City, New Jersey. Under this temporary deviation, the bridge may remain in the closed position for 26 consecutive weekends to facilitate bridge repairs. This deviation is effective on weekends from 12:01 a.m. Saturday November 23, 2013 through 12:01 Monday May 19, 2014.

TEMPORARY RULE: The Commander, First Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the Atlantic Beach Bridge, mile 0.4, across Reynolds Channel, at Lawrence, New York. This temporary deviation authorizes the Atlantic Beach Bridge to operate under an alternate schedule for 29 days, to complete bridge rehabilitation. This deviation is effective from December 2, 2013 through December 31, 2013.

TEMPORARY RULE: The Coast Guard is establishing a safety zone upon the navigable waters of the Colorado River in support of the HITS Triathlon Series. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. This rule is effective from 7 a.m. on November 9, to 1 p.m. on November 10, 2013.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on the navigable waters of Mission Bay in San Diego, California for Sea World Fireworks on the evenings of November 15 and 16, 2013. This temporary safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative. This rule is effective from 8:30 p.m. to 9 p.m. on November 15 and 16, 2013.

PROPOSED RULE: Under Clean Air Act (CAA) Section 112(l), EPA may approve State or local rules or programs to be implemented and enforced in place of certain otherwise applicable Federal rules, emissions standards, or requirements. On September 13, 2012, the State of North Dakota, Department of Agriculture (NDDA), requested partial delegation of the CAA section 112(r)(7) Risk Management Program (RM Program) for agricultural anhydrous ammonia facilities. The September 13, 2012 request was supplemented by the NDAA on February 26, 2013, and April 11, 2013. EPA has preliminarily determined that NDDA’s request meets CAA requirements for partial delegation, and EPA is proposing to approve the request. Comments must be received on or before December 5, 2013. (To submit comments, visit www.regulations.gov, reference docket number EPA–R08–OAR–2013–0330.)

PROPOSED RULE: The Environmental Protection Agency (EPA) Region 4 is issuing a Notice of Intent to Delete the Geiger (C&M Oil) Superfund Site (Site) located in Hollywood, Charleston County, South Carolina, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of South Carolina, through the South Carolina Department of Health and Environmental Control, have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five- year reviews (include if applicable), have been completed. However, this deletion does not preclude future actions under Superfund. Comments must be received by December 5, 2013. (To submit comments, visit www.regulations.gov, reference docket number EPA–HQ–SFUND–2005–0011.)

RULE: We are adopting a new airworthiness directive (AD) for certain Bell Model 206B and 206L helicopters. This AD requires installing a placard beneath the engine power dual tachometer and revising the operating limitations section of the rotorcraft flight manual (RFM). This AD was prompted by several incidents of third stage engine turbine wheel failures, which were caused by excessive vibrations at certain engine speeds during steady-state operations. These actions are intended to alert pilots to avoid certain engine speeds during steady-state operations, prevent failure of the third stage engine turbine, engine power loss, and subsequent loss of control of the helicopter. This AD is effective December 10, 2013.

RULE: We are adopting a new airworthiness directive (AD) for certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135ER, –135KE, –135KL, and –135LR airplanes; and Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. This AD requires repetitive detailed inspections to detect discrepancies on the attaching parts of the lower eyelet fitting of the cockpit windshield center-post, and, if no discrepancy is found, a check to make sure the bolts are tight, and replacement of the attaching parts if necessary. This AD also provides an option to accomplish the replacement of the attaching parts, which terminates the repetitive inspections. This AD was prompted by reports of failure of the bolts that connect the lower eyelet fitting of the cockpit windshield center-post to the forward fuselage. We are issuing this AD to detect and correct failed bolts and attaching parts of the lower eyelet fitting of the cockpit windshield center-post, which could lead to loss of structural integrity of the airplane. This AD becomes effective November 20, 2013.

RULE: We are superseding Airworthiness Directive (AD) 2009–10–06 for certain The Boeing Company Model 747–400 and –400D series airplanes. AD 2009–10–06 required repetitive inspections to detect cracks in the floor panel attachment fastener holes of the Section 41 upper deck floor beam upper chords, and corrective actions if necessary; and repetitive post-repair and post-modification inspections, and corrective actions if necessary. This new AD adds repetitive inspections of Section 44 upper deck floor beam upper chords, and corrective actions if necessary; repetitive post-repair and post-modification inspections, and corrective actions if necessary; and replacement of the upper deck floor beam upper chords. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that certain upper chords of the upper deck floor beam are subject to widespread fatigue damage (WFD). We are issuing this AD to detect and correct fatigue cracking in certain upper chords of the upper deck floor beam, which could become large and cause the floor beams to become severed and result in rapid decompression or reduced controllability of the airplane. This AD is effective December 10, 2013.

PROPOSED RULE: The Securities and Exchange Commission is proposing for comment new Regulation Crowdfunding under the Securities Act of 1933 and the Securities Exchange Act of 1934 to implement the requirements of Title III of the Jumpstart Our Business Startups Act. Regulation Crowdfunding would prescribe rules governing the offer and sale of securities under new Section 4(a)(6) of the Securities Act of 1933. The proposal also would provide a framework for the regulation of registered funding portals and brokers that issuers are required to use as intermediaries in the offer and sale of securities in reliance on Section 4(a)(6). In addition, the proposal would exempt securities sold pursuant to Section 4(a)(6) from the registration requirements of Section 12(g) of the Securities Exchange Act of 1934. Comments should be received on or before February 3, 2014. (To submit comments, visit www.regulations.gov, reference RIN 3235–AL37.)

PROPOSED RULE: The Securities Investor Protection Corporation (‘‘SIPC’’) filed a proposed rule change with the Securities and Exchange Commission (‘‘Commission’’). The proposed rule change amends SIPC Rule 400, entitled ‘‘Rules Relating to Satisfaction of Customer Claims for Standardized Options,’’ which relates to the satisfaction of customer claims for standardized options under the Securities Investor Protection Act of 1970 (‘‘SIPA’’). The Commission is publishing the proposed rule change for public comment. Because SIPC rules have the force and effect as if promulgated by the Commission, those rules are published in Title 17 of the Code of Federal Regulations. Comments are to be received on or before November 26, 2013.

 

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