April 2014 – Federal Register Recent Federal Regulation Documents

The Coast Guard is extending the Regulated Navigation Area promulgated for the navigable waters of the Arthur Kill in New York and New Jersey. This rule extends the Regulated Navigation Area until June 1, 2014, due to project delays.

In this document, the Wireless Telecommunications Bureau seeks comment on a request for clarification or waiver of the Commission's ``attributable material relationship'' rule.

This rule implements specific requirements for the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP), Livestock Forage Disaster Program (LFP), Livestock Indemnity Program (LIP), Tree Assistance Program (TAP), and general provisions for Supplemental Agricultural Disaster Assistance Programs authorized by the Agricultural Act of 2014 (2014 Farm Bill). Although there were similar disaster programs under the 2008 Farm Bill, the authority for those programs has expired. The 2014 Farm Bill reauthorizes these programs and they are similar to the 2008 programs, however, there are distinct changes in payment limits, eligible losses, and eligible causes of loss from prior programs. Eligible ELAP, LFP, LIP, and TAP losses must have occurred on or after October 1, 2011 to be eligible for payment. This rule specifies how ELAP, LFP, LIP, and TAP payments are calculated, what losses are eligible, and when producers may apply for payments. Additionally, this final rule implements changes required by the 2014 Farm Bill by amending the regulations that specify maximum income limits (payment eligibility) and maximum benefit amounts (payment limits) for participants in programs funded by the Commodity Credit Corporation (CCC) and some FSA programs. The intended effect of the eligibility requirements is to ensure that program payments and benefits are issued only to those persons and legal entities that meet the income eligibility requirements as specified in the 2014 Farm Bill, and that program participants do not receive any program payments above the maximum allowable payment amount. The payment limits and average Adjusted Gross Income (AGI) limits in this final rule apply to 2014 and subsequent crop, program, or fiscal year benefits, and to benefits for programs that were authorized by the 2014 Farm Bill for retroactive 2012 or 2013 crop, program, or fiscal year benefits.

The Federal Aviation Administration (FAA) published in the Federal Register of March 4, 2014 a document adopting more stringent noise certification standards for helicopters that are certificated in the United States (U.S.). Inadvertently the incorrect amendment number was assigned. This document corrects the amendment number cited in the heading of the final rule.

The Environmental Protection Agency (EPA or the Agency) is proposing amendments to the Non-Hazardous Secondary Materials (NHSM) regulation under the Resource Conservation and Recovery Act (RCRA). The NHSM rule generally established standards and procedures for identifying whether non-hazardous secondary materials are solid wastes when used as fuels or ingredients in combustion units. In a February 7, 2013 rule, EPA listed particular non-hazardous secondary materials as ``categorical non-waste fuels'' provided certain conditions are met. EPA also indicated that it would consider adding additional non- hazardous secondary materials to the categorical listings. Today's action proposes to add three materials to the list of categorical non- waste fuels: Construction and demolition (C&D) wood processed from C&D debris according to best management practices; Paper recycling residuals, including old corrugated cardboard (OCC) rejects, generated from the recycling of recovered paper and paperboard products and burned on-site by paper recycling mills whose boilers are designed to burn solid fuel; and Creosote treated railroad ties that are processed and combusted in units designed to burn both biomass and fuel oil.

The U.S. Department of Energy (DOE or the ``Department'') adopts into the Code of Federal Regulations the definitions for ``through-the-wall central air conditioner'' and ``through-the-wall central air conditioning heat pump'' that were established in section 5 of the American Energy Manufacturing Technical Corrections Act. This document also removes the standards for air conditioners that were superseded effective in 2006, and the now defunct references to the ``through-the-wall air conditioner and heat pump'' product class, including the definition and standards.

On November 20, 2013, we announced our intention to establish a negotiated rulemaking committee to prepare proposed regulations to address program integrity and improvement issues for the Federal Student Aid Programs authorized under Title IV of the Higher Education Act of 1965, as amended (HEA), (Title IV Federal Student Aid Programs). We also announced the schedule for three sessions of committee meetings. We now announce the addition of a fourth session, consisting of two days of committee meetings to focus on the development of proposed regulations to define ``adverse credit'' for borrowers in the Federal Direct PLUS Loan Program.

We, the U.S. Fish and Wildlife Service, published a final rule in the Federal Register on February 24, 2014, to list the Georgetown salamander and Salado salamander as threatened throughout their ranges under the Endangered Species Act of 1973 (Act), as amended (Act). Inadvertently, we made a technical error in our regulatory text. This action makes the necessary correction to the List of Endangered and Threatened Wildlife. We are also taking this opportunity to revise another entry on the List to correct a typographical error.

NMFS closes the southern area Angling category fishery for large medium and giant (``trophy'' (i.e., measuring 73 inches curved fork length or greater)) Atlantic bluefin tuna (BFT). This action is being taken to prevent any further overharvest of the Angling category southern area trophy BFT subquota.

The General Services Administration (GSA) is issuing a correction to GSAR Change 56; GSAR Case 2012-G501; Electronic Contracting Initiative (ECI), which was published in the Federal Register at 79 FR 14182, March 13, 2014.

The Food and Drug Administration (FDA or we) is amending the color additive regulations to provide for the expanded safe use of spirulina extract as a color additive in food. This action is in response to a petition filed by GNT USA, Inc.

This regulation establishes tolerances for residues of fluoxastrobin in or on wheat, grain; and revises tolerances for milk; and milk, fat. Arysta LifeScience, North America, LLC, requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) published a final rule for New Hampshire regarding reasonably available control technology for the 1997 8-hour ozone standard in the Federal Register on November 5, 2012. An incorrect date was identified and is corrected in this action.

OSHA last issued rules for the construction of transmission and distribution installations in 1972. Those provisions are now out of date and inconsistent with the more recently promulgated general industry standard covering the operation and maintenance of electric power generation, transmission, and distribution lines and equipment. OSHA is revising the construction standard to make it more consistent with the general industry standard and is making some revisions to both the construction and general industry requirements. The final rules for general industry and construction include new or revised provisions on host employers and contractors, training, job briefings, fall protection, insulation and working position of employees working on or near live parts, minimum approach distances, protection from electric arcs, deenergizing transmission and distribution lines and equipment, protective grounding, operating mechanical equipment near overhead power lines, and working in manholes and vaults. The revised standards will ensure that employers, when appropriate, must meet consistent requirements for work performed under the construction and general industry standards. The final rule also revises the general industry and construction standards for electrical protective equipment. The existing construction standard for the design of electrical protective equipment, which applies only to electric power transmission and distribution work, adopts several national consensus standards by reference. The new standard for electrical protective equipment, which matches the corresponding general industry standard, applies to all construction work and replaces the incorporation of out-of-date consensus standards with a set of performance-oriented requirements that is consistent with the latest revisions of the relevant consensus standards. The final construction rule also includes new requirements for the safe use and care of electrical protective equipment to complement the equipment design provisions. Both the general industry and construction standards for electrical protective equipment will include new requirements for equipment made of materials other than rubber. OSHA is also revising the general industry standard for foot protection. This standard applies to employers performing work on electric power generation, transmission, and distribution installations, as well as employers in other industries. The final rule removes the requirement for employees to wear protective footwear as protection against electric shock.

We are consolidating the regulations concerning the issuance of permits for the importation and interstate movement of a wide variety of regulated plants, plant products, and other articles. We are also making corresponding changes to the regulations concerning permits for the importation and interstate movement of noxious weeds and the importation of honeybees and other beekeeping articles. The regulations will also include new provisions for the denial of a permit and the revocation of a permit once issued. These changes will make our permit procedures more transparent and easier to use, allow us to evaluate a permit application more quickly and thoroughly, and help us hold permittees accountable for complying with permit conditions.

The U.S. Department of Energy (DOE) is reopening of the comment period for interested parties to submit comments on the February 20, 2014 supplemental notice of proposed rulemaking for walk- in cooler and walk-in freezer alternative efficiency determination methods and test procedures. The comment period is extended to April 25, 2014.

The Resource Conservation and Recovery Act of 1976, as amended (RCRA), authorizes the United States Environmental Protection Agency (EPA) to grant approval to states to operate their underground storage tank programs in lieu of the federal program. The EPA codifies its decision to approve state underground storage tank programs and incorporate by reference those provisions of the state statutes and regulations that EPA has approved. This action codifies the prior approval of South Carolina's underground storage tank program, which EPA approved on August 28, 2002, and incorporates by reference approved provisions of South Carolina's statutes and regulations.

The Federal Motor Carrier Safety Administration (FMCSA), after consultation with representatives of the governors of the affected States, rescinds certain covered emergency exemptions. The exemptions originally took effect automatically upon declaration of an emergency by various governors or FMCSA, and were extended by FMCSA after consultation with representatives of the governors. The President signed the ``Home Heating Emergency Assistance Through Transportation Act of 2014'' (HHEATT Act, or ``the Act'') on March 21, 2014. The Act extends until May 31, 2014, all ``covered emergency exemptions'' created between February 5, 2014, and March 21, 2014, to provide regulatory relief to commercial motor vehicle operators directly supporting the delivery of propane and other home heating fuels. In accordance with the Act, FMCSA has consulted with representatives of each of the governors to determine whether emergency circumstances still exist and has determined that certain covered emergency exemptions created under the HHEATT Act are no longer necessary and should be rescinded.

We are proposing to amend the regulations concerning the importation of citrus fruit to remove certain restrictions on the importation of Unshu oranges from Japan that are no longer necessary. Specifically, we propose to remove requirements for the fruit to be grown in specified canker-free export areas with buffer zones and for joint inspection in the groves and packinghouses by the Government of the Republic of Japan and the Animal and Plant Health Inspection Service. We would also clarify that surface sterilization of the fruit must be conducted in accordance with our regulations. Finally, we would require that each shipment be accompanied by a phytosanitary certificate containing an additional declaration stating that the fruit was given the required surface sterilization. These proposed changes would make the regulations concerning the importation of Unshu oranges from Japan consistent with our domestic regulations concerning the interstate movement of citrus fruit from areas quarantined because of citrus canker.

The Food and Drug Administration (FDA) is withdrawing approval of 19 new animal drug applications (NADAs) for certain Type A medicated articles and Type B medicated feeds. This action is being taken at the sponsors' request because these products are no longer manufactured or marketed.

We are superseding airworthiness directive (AD) 2007-19-09R1 for all Turbomeca S.A. Arriel 2B1 turboshaft engines that do not have modification TU157 incorporated. AD 2007-19-09R1 required replacement of the hydromechanical metering unit (HMU) with a serviceable HMU. This AD requires HMU replacement; reduction of the compliance interval; and inclusion of the power turbine C2 cycle consumption rate when determining compliance times. This AD was prompted by reports of ruptures on HMU constant delta pressure valves that have less than 2,000 hours in service. We are issuing this AD to prevent failure of the HMU, which could lead to damage to the engine, and damage to the aircraft.

The National Institute for Occupational Safety and Health (NIOSH) in the Centers for Disease Control and Prevention (CDC) within the Department of Health and Human Services (HHS) is withdrawing a previously published notice of proposed rulemaking that solicited public comment on minor technical amendments to regulatory text.

This rule proposes regulations to implement measures in Amendment 3 to the Spiny Dogfish Fishery Management Plan, which was developed by the Mid-Atlantic and New England Fishery Management Councils. The proposed management measures include implementing a research set-aside program, updating essential fish habitat definitions, allowing rollover of specifications, and eliminating the seasonal allocation of the commercial quota. These administrative measures are intended to improve the implementation of the Spiny Dogfish Fishery Management Plan and provide benefits to the spiny dogfish fishery.

We, the U.S. Fish and Wildlife Service, finalize a special rule under authority of section 4(d) of the Endangered Species Act of 1973, as amended (Act), that provides measures that are necessary and advisable to provide for the conservation of the lesser prairie-chicken (Tympanuchus pallidicinctus).