February 2014 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), are amending our proposal to designate critical habitat for Lepidium papilliferum (slickspot peppergrass) under the Endangered Species Act (Act). In total, approximately 24,808 hectares (61,301 acres) in Ada, Payette, Elmore, and Owyhee Counties in Idaho fall within the boundaries of the revised proposed critical habitat designation. If we finalize this rule as proposed, the effect of this regulation will be to designate critical habitat for Lepidium papilliferum under the Act.

The Environmental Protection Agency (EPA) is proposing to conditionally approve revisions to the Texas New Source Review (NSR) State Implementation Plan (SIP) submitted by the Texas Commission on Environmental Quality (TCEQ) \1\ and its predecessor, the Texas Natural Resource Conservation Commission (TNRCC), on November 29, 1994; March 13, 1996; July 22, 1998; October 25, 1999; September 11, 2000; April 12, 2001; July 31, 2002, September 4, 2002; October 4, 2002; September 25, 2003; July 2, 2010; October 5, 2010; and October 21, 2013. These revisions to the Texas SIP establish the Flexible Permit Program. The flexible permit program is a minor NSR permit program which functions as an alternative to the traditional preconstruction permit program that is authorized in Title 30 of the Texas Administrative Code (30 TAC) Chapter 116, Subchapter B. The flexible permit program is intended to eliminate the need for owners or operators of participating facilities to submit an amendment application each time certain types of operational or physical changes are made at a permitted facility. EPA is proposing to conditionally approve the Flexible Permit Program as initially submitted in November 1994 and amended through the October 21, 2013, as consistent with federal requirements for minor NSR programs. Final approval of the Texas Flexible Permit Program is contingent upon TCEQ adopting and submitting to EPA an approvable SIP revision addressing the commitments made by the TCEQ in its October 21, 2013, Flexible Permits Commitment Letter. EPA is proposing this action under Section 110 and part C of the Clean Air Act (CAA or the Act).

The Coast Guard has issued a temporary deviation from the operating schedule that governs the State Highway 4 Drawbridge across Old River, mile 14.8, between Victoria Island and Byron Tract, CA. The deviation is necessary to allow the bridge owner to make critical repairs to the bridge gears. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period.

The Coast Guard is modifying the operating schedules that govern the US 90 (Danzinger) Bridge across the Inner Harbor Navigational Canal (IHNC), mile 3.1 and the Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) bridge across the IHNC, mile 4.6, both at New Orleans, LA. This change allows for the safe navigation of vessels while reflecting the low volume of vessel traffic through the bridges thereby increasing efficiency of operations. The changes allow the bridges to operate in a manner that aligns the two operating schedules so the bridge owner will be able to use the same bridge crew personnel to operate both bridges with little to no effect on navigation through the bridges.

This document contains final regulations providing guidance to employers that are subject to the shared responsibility provisions regarding employee health coverage under section 4980H of the Internal Revenue Code (Code), enacted by the Affordable Care Act. These regulations affect employers referred to as applicable large employers (generally meaning, for each year, employers that had 50 or more full- time employees, including full-time equivalent employees, during the prior year). Generally, under section 4980H an applicable large employer that, for a calendar month, fails to offer to its full-time employees health coverage that is affordable and provides minimum value may be subject to an assessable payment if a full-time employee enrolls for that month in a qualified health plan for which the employee receives a premium tax credit.

This regulation establishes tolerances for residues of linuron in or on multiple commodities which are identified and discussed later in this document. This regulation additionally removes a tolerance with regional registrations in or on parsley leaves, as it will be superseded by a tolerance without regional registrations. IR-4 requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This action proposes to establish Class E Airspace at Geneva, AL, to accommodate a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) serving Geneva Municipal Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System.

This action proposes to establish Class E Airspace at Blairsville, GA, to accommodate a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAP) serving Blairsville Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System.

This action proposes to establish Class E Airspace at Nashville, TN, to accommodate a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) serving Nashville International Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System.

This rule exempts red types of potatoes from minimum quality, maturity, pack, marking, and inspection requirements of the Washington potato marketing order for the remainder of the 2013-2014 fiscal period and subsequent fiscal periods. The marketing order regulates the handling of Irish potatoes grown in Washington and is administered locally by the State of Washington Potato Committee (Committee). During the exemption period, reports will be required from handlers of red types of potatoes to obtain information necessary to administer the marketing order. As required under section 8e of the Agricultural Marketing Agreement Act of 1937, this action also exempts imported red- skinned, round type potatoes from minimum grade, size, quality, and maturity requirements. This rule is expected to reduce overall industry expenses and increase net returns to producers and handlers while giving the industry the opportunity to explore alternative marketing strategies.

The FHWA is revising its regulations related to the use of alternative technical concepts (ATC) in design-build project delivery of highway construction. This final rule eliminates the requirement to submit a base proposal when a contracting agency allows design-build proposers to submit ATCs in their technical and price proposals.

This final rule will prohibit flightcrew members in operations under part 121 from using a personal wireless communications device or laptop computer for personal use while at their duty station on the flight deck while the aircraft is being operated. This rule, which conforms FAA regulations with legislation, is intended to ensure that certain non-essential activities do not contribute to the challenge of task management on the flight deck or a loss of situational awareness due to attention to non-essential tasks.

We propose to adopt a new airworthiness directive (AD) for Bell Helicopter Textron Canada (BHTC) Model 407 helicopters. This proposed AD would require inspecting the aft fuselage upper skin (upper skin) for a crack and the upper left longeron assembly (longeron assembly) for a crack, corrosion, or defect. This AD would require replacing or repairing a part or section, depending on the inspection's outcome. This proposed AD is prompted by reports of cracks in the upper left-hand longeron. The proposed actions are intended to prevent failure of the longeron assembly or the upper skin, which could lead to a structural failure and loss of helicopter control.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to create separate prescriptions for the basic clause as well as each alternate in each set of foreign acquisition-related provisions/clauses with one or more alternates. In addition, the proposed rule would include the full text of each provision or clause alternate.

The Rural Utilities Service (RUS), a Rural Development agency of the United States Department of Agriculture (USDA), hereinafter referred to as RUS or the Agency, is proposing to amend the telecommunications standards and specifications for material, equipment and construction regulations by streamlining and replacing Equipment Specific Contracts, RUS Forms 397, 398, 525, 545, and the associated documents (Forms 231, 396, 396a, 397b, 397c, 397d, 397f, 397g, 397h, 517, 525a, 744, 752a, 754, and addenda) with a new Equipment Contract, RUS Form 395 and the associated close-out documents (Forms 395a, 395b, 395c and 395d). The proposed rule includes conforming changes to reflect the use of the new contract, administrative updates, and addresses the discontinuance of the requirement for RUS borrowers to use the Informational Publication (I.P.) 344-2, ``List of Material Acceptable for Use on Telecommunications Systems of RUS Borrowers.'' The intended effect is to streamline the contractual process for RUS borrowers and expedite the approval process of equipment during the development of RUS funded construction projects.

The Commission has before it a Notice of Proposed Rulemaking issued in response to a petition for rulemaking filed by Family Broadcasting Group, Inc. (``Family Broadcasting''), the licensee of KSBI(TV), channel 51, Oklahoma City, Oklahoma, requesting the substitution of channel 23 for channel 51 at Oklahoma City. Family Broadcasting has entered into a voluntary relocation agreement with U.S. Cellular Corporation and states that operation on channel 23 will eliminate potential interference to and from wireless operations in the adjacent Lower 700 MHZ A Block, thus serving the public interest.

The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove revisions to the South Dakota State Implementation Plan (SIP) submitted by the South Dakota Department of Environment and Natural Resources (DENR) to EPA on June 20, 2011. The proposed SIP revisions address the permitting of sources of greenhouse gases (GHGs). Specifically, we propose to approve revisions to the State's Prevention of Significant Deterioration (PSD) program to incorporate the provisions of the federal PSD and Title V Greenhouse Gas Tailoring Rule (Tailoring Rule). The proposed SIP revisions incorporate by reference the federal Tailoring Rule's emission thresholds for determining which new stationary sources and modifications to existing stationary sources become subject to South Dakota's PSD permitting requirements for their GHG emissions. EPA is proposing to disapprove a related provision that would rescind the State's Tailoring Rule revision in certain circumstances. EPA will take separate action on an amendment to the chapter Construction Permits for New Sources or Modifications in the June 20, 2011 submittal, regarding permits for minor sources. EPA is proposing this action under section 110 and part C of the Clean Air Act (the Act or CAA).

The Environmental Protection Agency (EPA) is taking final action approving State Implementation Plan (SIP) revisions submitted by the State of Colorado. On March 31, 2010, the designee of the Governor of Colorado submitted to EPA a revised maintenance plan for the Telluride area for the 24-hour National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to 10 microns (PM10), and the SIP was adopted on November 19, 2009. As required by Clean Air Act (CAA) section 175A, this revised maintenance plan addresses maintenance of the PM10 standard for a second 10-year period beyond the area's original redesignation to attainment for the PM10 NAAQS. In addition, EPA is taking final action approving the revised maintenance plan's 2021 transportation conformity motor vehicle emissions budget for PM10. Also, we are taking final action to exclude exceedances of the PM10 NAAQS that were recorded at the Telluride PM10 monitor on April 5, 2010 and April 16, 2013, from use in determining whether or not Telluride continues to attain the PM10 NAAQS, because they meet the criteria for exceptional events caused by high wind natural events. This action is being taken under sections 110 and 175A of the CAA.

The U.S. Department of Energy (DOE) proposes to revise its test procedures and certification reporting requirements for commercial clothes washers established under the Energy Policy and Conservation Act. The proposed amendments provide numerical equations for translating modified energy factor and water factor values as measured using DOE's new clothes washer test procedure into their equivalent values as measured using the current test procedure. The proposed amendments also clarify the dates for which the current and new test procedures can be used to determine compliance with existing energy conservation standards and any future revised energy conservation standards for commercial clothes washers.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations concerning deliberate misconduct by licensees and other persons otherwise subject to the NRC's jurisdiction (known as the ``Deliberate Misconduct Rule'') and its regulations concerning challenges to immediately effective orders issued by the NRC. This proposed rule would incorporate the concept of ``deliberate ignorance'' as an additional basis on which to take enforcement action against persons who violate any of the NRC's Deliberate Misconduct Rule provisions. The NRC is also proposing to amend its regulations regarding challenges to the immediate effectiveness of NRC enforcement orders to clarify that the NRC staff has the burden of persuasion in showing that adequate evidence supports the grounds for the order and that immediate effectiveness is warranted and to clarify the authority of the NRC's presiding officer to order live testimony in resolving these challenges.

The Department of State is amending the International Traffic in Arms Regulations (ITAR) to remove the managing director as an authorized official, update the marking and reporting requirements for the UK defense treaty exemption, correct a typographical error in the paragraph on export policy regarding Lebanon, and correct an error of syntactical arrangement in a section of the regulations regarding violations. The Department is also adopting as a final rule certain sections of the ITAR that were published in an interim final rule.

This final rule updates the address used to file applications for testimony of a Social Security Administration employee and claims made pursuant to either the Federal Tort Claims Act of 1948 or the Military Personnel and Civilian Employees' Claims Act of 1964.

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for three chemical substances which were the subject of premanufacture notices (PMNs). This action would require persons who intend to manufacture (including import) or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years revisions to FCC Form 603, OMB Control Number 3060-0800, and FCC Form 608, OMB Control Number 3060-1058, associated with the Commission's Report and Order (R&O), Service Rules for the Advanced Wireless Services H Block-Implementing Section 6401 of the Middle Class Tax Relief and Job Creation Act of 2012 Related to the 1915-1920 MHz and 1995-2000 MHz Bands. A notice announcing the effective date of the service rules and revisions to the FCC Form 601 was published on January 17, 2014 in the Federal Register.

NMFS is prohibiting retention of big skate in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2014 total allowable catch of big skate in the Central Regulatory Area of the GOA will be reached.