March 2014 – Federal Register Recent Federal Regulation Documents

Eligible citizens, nationals and passport holders from designated Visa Waiver Program countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant aliens for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. On February 28, 2014, the Secretary of Homeland Security, in consultation with the Secretary of State designated Chile as a country that is eligible to participate in the Visa Waiver Program. Accordingly, this rule updates the list of countries designated for participation in the Visa Waiver Program by adding Chile.

This document contains final regulations under section 3504 of the Internal Revenue Code (Code) providing circumstances under which a person (payor) is designated to perform the acts required of an employer and is liable for employment taxes with respect to wages or compensation paid by the payor to individuals performing services for the payor's client pursuant to a service agreement between the payor and the client.

NMFS proposes revised specifications for the 2014 summer flounder fishery; specifications for the 2015 summer flounder, scup, and black sea bass fisheries; an increase in the commercial scup Winter II possession limit; and provides notice of two projects for which exempted fishing permits may be requested as part of the Mid-Atlantic Fishery Management Council's Research Set-Aside Program. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan require NMFS to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. Furthermore, regulations under the Magnuson-Stevens Fishery Conservation and Management Act require that NMFS allow the public an opportunity to comment on applications for exempted fishing permits. Accordingly, in addition to proposing catch specifications, NMFS announces exempted fishing permit requests, in accordance with the fishery management plan and Magnuson-Stevens Fishery Conservation and Management Act.

At the request of the New England Fishery Management Council, this notice announces a control date that may be applicable to limiting the number of participants in the skate fishery for uses other than bait. NMFS intends this notice to promote awareness of possible rulemaking, alert interested parties of potential eligibility criteria for future access, and discourage speculative entry into and/or investment in the skate fishery while the New England Fishery Management Council and NMFS consider if and how participation in the skate fishery should be controlled.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Arizona Statutes portion of the Arizona State Implementation Plan (SIP). This revision concerns particulate matter (PM) emissions from dust generating operations that do not already have a permit. We are approving a state requirement, in accordance with Arizona Revised Statute section 49-457.05, that identifies a series of Best Management Practices (BMP) for these emission sources under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) is taking direct final action under the Clean Air Act to approve a revision to the Arizona State Implementation Plan (SIP). This revision concerns particulate matter emissions from dust generating operations that do not already have a permit within the Phoenix planning area. We are approving a state statute that requires the Arizona Department of Environmental Quality to develop and adopt a general permit that specifies episodic best management practices that are to be implemented by certain dust-generating activities.

We are issuing a final decision on an amendment to the Wyoming regulatory program (the ``Wyoming program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Our decision approves in part and disapproves in part the amendment. Wyoming proposes revisions to rules concerning valid existing rights and individual civil penalties. Wyoming revised its program to be consistent with the corresponding Federal regulations and SMCRA, clarify ambiguities, and improve operational efficiency.

We propose to adopt a new airworthiness directive (AD) for certain DASSAULT AVIATION Model FALCON 900EX airplanes. This proposed AD was prompted by our determination of the need for a revision to the airplane airworthiness limitations to introduce a corrosion prevention control program, among other changes, to the maintenance requirements and airworthiness limitations. This proposed AD would require revising the maintenance or inspection program, as applicable, to include the maintenance tasks and airworthiness limitations specified in the Airworthiness Limitations section of the airplane maintenance manual. We are proposing this AD to prevent reduced structural integrity of the airplane, and prevent reduced controllability of the airplane.

The Food and Drug Administration (FDA or we) is announcing the availability of a draft guidance entitled ``Guidance for Industry: Prior Notice of Imported Food Questions and Answers (Edition 3).'' The draft guidance addresses questions received since the publication of the second edition of the guidance in May 2004 and includes information related to the Food Safety Modernization Act (FSMA), which amended the Federal Food, Drug, and Cosmetic Act, to require the name of any country to which an article has been refused entry be reported in a prior notice. The draft guidance is intended to help the food industry and others comply with prior notice requirements.

This proposed rule would increase the assessment rate established for the California Desert Grape Administrative Committee (Committee) for the 2014 and subsequent fiscal periods from $0.0165 to $0.0200 per 18-pound lug of grapes handled. The Committee locally administers the marketing order, which regulates the handling of grapes grown in a designated area of southeastern California. Assessments upon grape handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period began on January 1 and ends December 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

The Food and Drug Administration (FDA) is correcting a document amending the animal drug regulations to reflect the withdrawal of approval of new animal drug applications (NADAs) that appeared in the Federal Register of February 27, 2014 (79 FR 10976). That document listed an NADA for which a withdrawal of approval (WOA) was not intended and failed to remove all conditions of use associated with the withdrawn NADAs. This correction is being made to improve the accuracy of the animal drug regulations.

This action corrects a final rule published in the Federal Register January 21, 2014. In that rule, the shared boundary between the Detroit Class B airspace Area A and Area B subareas did not match, as originally intended, in the regulatory text descriptions. This correction is necessary to close the unintended gap between subareas created by the boundary error and to ensure the accuracy of the charted Detroit Class B airspace area.

We are adopting a new airworthiness directive (AD) for all Pratt & Whitney (PW) PW2037, PW2037D, PW2037M, PW2040, PW2040D, PW2043, PW2146, PW2240, PW2337, PW2643, and F117-PW-100 turbofan engines. This AD was prompted by a rupture of the diffuser-to-high-pressure turbine (HPT) case flange. This AD requires a one-time eddy current inspection (ECI) of affected engines with certain diffuser and HPT cases installed. This AD also requires a fluorescent-penetrant inspection (FPI) of the diffuser case rear flange and HPT case front flange. We are issuing this AD to prevent failure of the diffuser-to-HPT case flange, which could lead to uncontained engine failure and damage to the airplane.

The Environmental Protection Agency (EPA) is taking direct final action to approve requests from Florida and North Carolina for the EPA to relax the Reid Vapor Pressure (RVP) Standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year in six counties in Florida, and in counties in the Raleigh-Durham- Chapel Hill Area (also referred to as the ``Triangle Area'') and the Greensboro/Winston-Salem/High Point Area (also referred to as the ``Triad Area'') in North Carolina. Specifically, the EPA is approving amendments to the regulations to change the RVP standard for six counties in Florida, and for the counties in the Triangle and Triad Areas from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline. The EPA has determined that these changes to the federal RVP regulation are consistent with the applicable provisions of the Clean Air Act (CAA or Act). This action is being taken without prior proposal because the EPA believes that this final rulemaking is noncontroversial, for the reasons set forth in this preamble, and due to the limited scope of this action.

The Office of Natural Resources Revenue (ONRR) is amending the regulations on the distribution and disbursement of qualified revenues from certain leases on the Gulf of Mexico's Outer Continental Shelf, in accordance with the provisions of the Gulf of Mexico Energy Security Act of 2006. These proposed regulations set forth ONRR's formulas and methodologies for calculating and allocating revenues during the second phase of revenue sharing to the States of Alabama, Louisiana, Mississippi, and Texas; their eligible coastal political subdivisions; the Land and Water Conservation Fund; and the United States Treasury. Additionally, in this proposed rule, the Department of the Interior moves the Gulf of Mexico Energy Security Act of 2006's Phase I regulations from the Bureau of Ocean Energy Management's (BOEM) title 30 of the Code of Federal Regulations (CFR) chapter V to ONRR's 30 CFR chapter XII, and proposes additional clarification and minor definition changes to the current revenue-sharing regulations.

The Farm Credit Administration (FCA, we, or our) issues this interim final rule amending its regulations to remove all requirements for non-binding, advisory votes at Farm Credit System (System) banks and associations. This rule is in response to recent legislation wherein Congress provided that no funds available to the FCA may be used to ``implement or enforce'' regulations requiring non-binding, advisory votes on senior officer compensation, and directed the FCA to review its rules to ensure they reflect Congressional intent that a primary responsibility of the boards of directors of System institutions is to oversee compensation practices.

In this document, the Commission adopts non-quantitative quality standards for the closed captioning of pre-recorded, live, and near-live programming to ensure that caption viewers have full access to television programming; establishes best practices for the provision of good quality captions; imposes new requirements on broadcasters using Electronic Newsroom Technique (ENT) based on a best practices proposal offered by the National Association of Broadcasters (NAB); and takes various other actions to clarify and improve the Commission's closed captioning rules.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Commonwealth of Pennsylvania's (Pennsylvania) State Implementation Plan (SIP). The revisions consist of an update to the SIP approved Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides (NOX) for the 1997 Eight-Hour Ozone National Ambient Air Quality Standard (NAAQS) SIP for Berks County (also referred to as the ``Reading Maintenance Area''). Also as a part of this SIP revision is an update to the area and point source inventories for NOX. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

This document announces the withdrawal of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities. The petitions were either withdrawn voluntarily by the petitioners or administratively by the Agency.

The Coast Guard is extending the comment period for the notice of proposed rulemaking (NPRM) entitled ``Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations Issued by the Coast Guard,'' which published on December 27, 2013. For reasons discussed in this notice, the comment period is extended until May 26, 2014.

DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes.

In accordance with section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, the Department of Justice is adjusting for inflation the civil monetary penalties assessed or enforced by the Civil Rights Division.

We propose to adopt a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 170 airplanes. This proposed AD was prompted by reports of ``BLEED 1(2) LEAK'' messages displayed on the Engine Indication and Crew Alert System (EICAS), and indirect damage to components of the Electrical Wiring Interconnection System (EWIS) in the engine pylon area. This proposed AD would require inspecting the EWIS components for damage, and repair if necessary. This proposed AD would also require installing pre-cooler deflectors on the left- and right-hand pylons, and applying silicone sealant. We are proposing this AD to prevent indirect damage to EWIS components near the engine bleed air pre-coolers, which could result in a dual engine roll back to idle and consequent dual engine power loss and reduced controllability of the airplane.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 787-8 airplanes. This proposed AD was prompted by a report indicating that, on a different Boeing airplane model, there was an oxygen-fed fire, which caused extensive damage to the flight deck. This proposed AD would require replacing the low- pressure oxygen hoses with non-conductive hoses in the crew oxygen system. We are proposing this AD to prevent inadvertent electrical current from passing through an internal, anti-collapse spring of the low pressure oxygen hose, which can cause the low-pressure oxygen hose to melt or burn, leading to an oxygen-fed fire and/or smoke beneath the flight compartment in the forward electronics equipment bay.