January 2014 – Federal Register Recent Federal Regulation Documents

This document corrects technical errors in the final rules that appeared in the August 19, 2013 Federal Register titled ``Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2014 Rates; Quality Reporting Requirements for Specific Providers; Hospital Conditions of Participation; Payment Policies Related to Patient Status.''

The Department of Energy (``DOE'') today publishes this final rule to adjust DOE's civil monetary penalties (``CMPs'') for inflation as mandated by the Debt Collection Improvement Act of 1996. This rule adjusts CMPs within the jurisdiction of DOE to the maximum extent allowed by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996.

This rule implements four previously proposed rules, and adds to the Export Administration Regulations (EAR) controls on energetic materials, personal protective equipment, shelters, military training equipment, articles related to launch vehicles, missiles, rockets, military explosives, and related items that the President has determined no longer warrant control on the United States Munitions List (USML). This rule also adds to the EAR controls on items within the scope of the Munitions List (WAML) of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement) that are not specifically identified on the USML or the Commerce Control List (CCL), but that were subject to USML jurisdiction. Finally, this rule moves certain items that were already subject to the EAR to the new Export Control Classification Numbers (ECCNs) created by this rule. This rule is being published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls rule revising USML Categories IV, V, IX, X, and XVI to control those articles the President has determined warrant control in those categories of the USML. Both rules are part of the President's Export Control Reform Initiative. The revisions in this final rule are also part of Commerce's retrospective regulatory review plan under Executive Order (EO) 13563.

We are revising an earlier proposed airworthiness directive (AD) for certain The Boeing Company Model 747 airplanes. The NPRM proposed to require repetitive inspections for cracking in the bulkhead splice fitting, frame supports, forward and aft inner chords, and floor support; an inspection for cracking in the bulkhead upper web, doubler, and bulkhead lower web; and corrective actions if necessary; for certain airplanes, inspections for cracking in the repaired area of the bulkhead, and corrective actions if necessary; for certain airplanes, support frame modification and support frame inspections, and related investigative and corrective actions, if necessary; for certain airplanes, repetitive support frame post-modification inspections and inspections for cracking in the hinge support, and related investigative and corrective actions if necessary; for certain airplanes, a one-time inspection of the frame web and upper shear deck (floor support) chord aft side for fasteners; and a one-time inspection of the upper forward inner chord, frame support fitting and splice fitting, for the installation of certain fasteners; and related investigative and corrective actions if necessary; for certain airplanes, a one-time inspection of the upper forward inner chord, frame support fitting and splice fitting for the installation of certain fasteners; a one-time inspection for any repair installed on the left and right side of the aft inner chord, and related investigative and corrective actions, if necessary; for certain airplanes, a one-time inspection of the support frame outer chords for cracking, and repair if necessary; and repetitive support frame post- repair inspections, and corrective actions, if necessary. The NPRM was prompted by reports of cracking in the forward and aft inner chord of the body station (BS) 2598 bulkhead near the upper corners of the cutout for the horizontal stabilizer rear spar, and cracking in the bulkhead upper and lower web panels near the inner chord to shear deck connection. This action revises the NPRM by adding an optional terminating action for certain inspections and expanding the inspection area for certain surface and open-hole HFEC inspections. We are proposing this supplemental NPRM (SNPRM) to detect and correct fatigue cracking of the BS 2598 bulkhead structure, which could adversely affect the structural integrity of the bulkhead and the horizontal stabilizer support structure and result in loss of controllability of the airplane. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet Series 705), CL-600-2D24 (Regional Jet Series 900), and CL-600-2E25 (Regional Jet Series 1000) airplanes. This proposed AD was prompted by the finding of an uncertified main landing gear (MLG) inboard retraction actuator bracket pin installed on an in-service airplane, which could result in pin failure. This proposed AD would require inspection of the MLG inboard retraction actuator bracket for a part number, and replacement if necessary. We are proposing this AD to detect and correct uncertified pins in the MLG inboard retraction actuator bracket, which could result in pin failure, leading to an MLG extension without damping, and a potential for MLG structural damage and possible collapse during landing.

We propose to adopt a new airworthiness directive (AD) for certain Eurocopter France (Eurocopter) Model EC120B and EC130B4 helicopters. This proposed AD would require replacing parts of the sliding door star support attachment assembly, depending on the outcome of required inspections. This proposed AD is prompted by a report that passengers in a Eurocopter helicopter were forced to exit through the pilot door after landing because they could not open the sliding door from the inside. The proposed actions are intended to prevent failure of the sliding door star support attachment, which could inhibit operation of a sliding door from inside, delaying the evacuation of passengers during an emergency.

EPA is approving the State of North Carolina's March 27, 2013, State Implementation Plan (SIP) revision to the State's approved Maintenance Plan for the Raleigh-Durham-Chapel Hill 1997 8-hour Ozone Maintenance Area (Triangle Area). Specifically, North Carolina's revision, including updated modeling, shows that the Triangle Area would continue to maintain the 1997 8-hour ozone standard if the currently applicable Federal Reid Vapor Pressure (RVP) standard for gasoline of 7.8 pounds per square inch (psi) were modified to 9.0 psi for three portions (Wake and Durham Counties, and a portion of Granville County) of the Triangle Area during the high-ozone season. The State included a technical demonstration with the revision to demonstrate that the less-stringent RVP standard of 9.0 psi in these areas would not interfere with continued maintenance of the 1997 8-hour Ozone National Ambient Air Quality Standards (NAAQS) or any other applicable standard. Approval of this SIP revision is a prerequisite for EPA's consideration of an amendment to the regulations to remove the aforementioned portions of the Triangle Area from the list of areas that are currently subject to the Federal 7.8 psi RVP requirements. In addition, EPA is also approving changes to the motor vehicle emission budgets (MVEBs) used in the 1997 8-hour ozone maintenance plan for the Triangle Area. EPA has determined that North Carolina's March 27, 2013, SIP revision with respect to the modeling changes and associated technical demonstration, and with respect to the updated MVEBs, is consistent with the applicable provisions of the Clean Air Act (CAA or Act). Should EPA decide to remove the subject portions of the Triangle Area from those areas subject to the 7.8 psi Federal RVP requirements, such action will occur in a subsequent rulemaking.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a newly established system of records titled, ``Department of Homeland Security/Transportation Security Administration-021, TSA Pre[check]TM Application Program System of Records,'' from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

NMFS proposes regulations to implement a Generic Amendment to the Fishery Management Plans (FMPs) in the Gulf of Mexico (Gulf) and South Atlantic Regions (Generic Dealer Amendment). The Generic Dealer Amendment amends the following FMPs: Reef Fish Resources and the Red Drum Fishery of the Gulf; the Snapper-Grouper Fishery (including wreckfish), the Golden Crab Fishery, and the Shrimp Fishery (excluding penaeid shrimp) of the South Atlantic Region; the Dolphin and Wahoo Fishery of the Atlantic; and Coastal Migratory Pelagic (CMP) Resources and the Spiny Lobster Fishery of the Gulf and South Atlantic, as prepared by the Gulf and South Atlantic Fishery Management Councils (Councils). If implemented, this rule would modify the permitting and reporting requirements for seafood dealers who first receive species managed by the Councils through the previously mentioned FMPs. These revisions would create a single dealer permit for dealers who first receive fish managed by the Councils, require both purchase and non- purchase reports to be submitted online on a weekly basis, prohibit dealers from first receiving fish from federally-permitted vessels if they are delinquent in submitting reports, and revise the sale and purchase provisions based on the new dealer permitting requirements. This rule also adds regulatory language to clarify the bag limit for private recreational vessels when a trip exceeds one calendar day. The intent of this rule is to obtain timelier purchase information from dealers to better monitor annual catch limits (ACLs) and achieve optimum yield (OY) in accordance with the requirements of the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

The Environmental Protection Agency (EPA) is approving two State Implementation Plan (SIP) revisions submitted by the State of Texas on April 1, 2010, and revised on May 6, 2013, containing a reasonable further progress (RFP) plan, RFP contingency measures demonstration, motor vehicle emission budgets (MVEBs), and a vehicle miles traveled (VMT) offset analysis for the Houston-Galveston-Brazoria (HGB) 1997 8-hour ozone severe nonattainment area. EPA is approving SIP revisions in accordance with the requirements of the Clean Air Act (CAA) and EPA regulations.

The Office of Government Ethics is issuing this final rule to provide notice of the revocation of certain regulatory exemptions of senior employee positions at the Securities and Exchange Commission from certain criminal post-employment restrictions.

The Bureau of Industry and Security (BIS) is correcting a final rule that appeared in the Federal Register of July 8, 2013 (78 FR 40892) (here and after referred to as the July 8 rule), which becomes effective on January 6, 2014. The July 8 rule adds to the Export Administration Regulations (EAR) controls on military vehicles and related items; vessels of war and related items; submersible vessels, oceanographic equipment and related items; and auxiliary and miscellaneous items that the President has determined no longer warrant control on the United States Munitions List (USML). The July 8 rule also adds to the EAR controls on items within the scope of the Munitions List (WAML) of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement) that are not specifically identified on the USML or the Commerce Control List (CCL) but that were subject to USML jurisdiction. Finally, the July 8 rule moves certain items that were already subject to the EAR to the new Export Control Classification Numbers (ECCNs) created by this rule. The July 8 rule was published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls rule revising USML Categories VII, VI, XX, and XIII to control those articles the President has determined warrant control in those Categories of the USML. Both rules are part of the President's Export Control Reform Initiative. The revisions in the July 8 final rule are also part of Commerce's retrospective regulatory review plan under Executive Order (EO) 13563. The Department of State is also correcting today its final rule that appeared in the Federal Register of July 8, 2013 (78 FR 40922).