April 2014 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of West Virginia pursuant to the Clean Air Act (CAA). Whenever new or revised National Ambient Air Quality Standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. The State of West Virginia has made a submittal addressing the infrastructure requirements for the 2008 ozone NAAQS.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of the NAAQS. The plan is required to address basic program elements, including, but not limited to regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. The Commonwealth of Pennsylvania has made a submittal addressing the infrastructure requirements for the 2008 lead (Pb) NAAQS.

Pursuant to its authority under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is taking final action to approve elements of state implementation plan (SIP) submissions by the Indiana Department of Environmental Management (IDEM) and the Ohio Environmental Protection Agency (Ohio EPA) to address the section 110 requirements of the CAA for the 2006 24-hour fine particle National Ambient Air Quality Standards (2006 PM2.5 NAAQS). The SIPs under section 110 of the CAA are often referred to as the ``infrastructure'' SIP, and specifically we are finalizing approval of portions of these states' submissions intended to meet the applicable state board requirements obligated by section 128 of the CAA. The proposed rule associated with this final action was published on February 7, 2014, and we received no comments.

The Environmental Protection Agency (EPA) is approving Illinois' rule revision to extend the term for an initial permit or renewal of a Federally Enforceable State Operating Permit (FESOP) from five years to ten years. Illinois submitted this rule revision for approval on January 9, 2014. FESOPs apply to non-major sources that obtain enforceable limits to avoid being subject to certain Clean Air Act (Act) requirements, including the Title V operating permit program. This revision meets the Federal requirements found in the June 28, 1989, rule addressing Federal enforceability of FESOPs. This rule revision is expected to reduce the administrative costs of the permitting process for both the affected sources and the Illinois Environmental Protection Agency (IEPA). It will also allow IEPA to devote more resources to major source Title V permitting actions and permit modifications for both Title V and FESOP sources.

This action proposes to amend Class E airspace at Taylor, TX. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Taylor Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport. Airport coordinates would also be adjusted.

The Environmental Protection Agency (EPA) amends the EPA Acquisition Regulation (EPAAR) to update policy, procedures, and contract clauses. The proposed rule updates the OrderingBy Designated Ordering Officers clause and corresponding prescription.

NMFS announces that phase 1 of the directed butterfish fishery will be reopened to provide the opportunity for vessels targeting butterfish to fish with a higher possession limit. Vessels issued a longfin squid/butterfish moratorium permit may fish for, catch, possess, or land unlimited amounts of butterfish when using greater than or equal to 3-inch (76-mm) mesh. The possession limit remains 2,500-lb (1.13 mt) per trip or calendar day for vessels fishing less than 3-inch (76-mm) mesh. The incidental possession limit also remains unchanged at 600 lb (0.27 mt).

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2014 Pacific cod total allowable catch apportioned to trawl catcher vessels in the Central Regulatory Area of the GOA.

This regulation establishes tolerances for residues of metaflumizone in or on eggplant, pepper, tomato, and tomato, paste. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes time-limited tolerances for residues of thiram in or on banana. Taminco US, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). The tolerances expire on March 31, 2015.

The Food and Drug Administration (FDA) is issuing a final regulation that adopts, without change, the interim final rule (IFR) entitled ``Establishment, Maintenance, and Availability of Records: Amendment to Record Availability Requirements.'' This final rule affirms the IFR's change to FDA's records access as required by the FDA Food Safety Modernization Act (FSMA). Prior to the passage of FSMA, the Federal Food, Drug, and Cosmetic Act (the FD&C Act) provided the Secretary (by delegation FDA) with access to records relating to food that FDA reasonably believes to be adulterated and presents a threat of serious adverse health consequences or death to humans or animals. The FSMA amendment expands FDA's former records access authority beyond records relating to the specific suspect article of food to include records relating to any other article of food that FDA reasonably believes is likely to be affected in a similar manner. In addition, the FSMA amendment permits FDA to access records relating to articles of food for which FDA believes that there is a reasonable probability that the use of or exposure to the article of food, and any other article of food that FDA reasonably believes is likely to be affected in a similar manner, will cause serious adverse health consequences or death to humans or animals. This final rule does not make any changes to the regulatory requirements established by the IFR. The final regulation also responds to comments submitted in response to the request for comments in the IFR.

The Food and Drug Administration (FDA) is announcing the availability of a guidance for industry entitled ``What You Need To Know About Establishment, Maintenance, and Availability of Records Small Entity Compliance Guide'' (SECG), which updates an earlier guidance of the same title. Previously, this guidance restated the legal requirements of FDA's maintenance and establishment of records regulation and served as that regulation's SECG. Because the FDA Food Safety Modernization Act (FSMA) amended FDA's maintenance and establishment of records regulation, FDA issued an interim final rule (IFR) amending certain regulations to be consistent with the changes. Accordingly, FDA is revising this guidance to help any entity comply with FDA's maintenance and establishment of records requirements, including the amendments to these requirements made by the IFR as finalized. This guidance continues to serve as FDA's SECG.

The Assistant Administrator (AA) for Fisheries, National Oceanic and Atmospheric Administration (NOAA), announces approval of the Area 2A (waters off the U.S. West Coast) Catch Sharing Plan (Plan), with modifications recommended by the Pacific Fishery Management Council (Council), and implementing regulations for 2014. These actions are intended to enhance the conservation of Pacific halibut and further the goals and objectives of the Council. The regulations of the International Pacific Halibut Commission (IPHC) were published on March 12, 2014 and the sport fishing management measures in this rule are an additional subsection of those regulations.

We propose to adopt a new airworthiness directive (AD) for certain Dassault Aviation Model FALCON 7X airplanes. This proposed AD was prompted by a report of a crew alerting system message caused by an inversion of the wiring in the slats control manifold (SCM). This proposed AD would require doing an operational test of the SCM, and replacing the affected SCM with a serviceable SCM if necessary. We are proposing this AD to detect and correct inversion of the wiring in the SCM, which could lead to a commanded retraction of the median and outboard slats in flight, and result in reduced controllability of the airplane.

On March 19, 2014, NMFS published a proposed rule in the Federal Register to modify chafing gear restrictions for midwater trawl in the Pacific Coast Groundfish Fishery. The identification number for submitting comments listed in the ADDRESSES heading section of the rule is being corrected.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our September 30, 2013, proposal to list the rufa red knot (Calidris canutus rufa) as a threatened species under the Endangered Species Act of 1973, as amended (Act). In accordance with section 4(b)(5) of the Act, during the reopened public comment period we will hold two public hearings, one in North Carolina and one in Texas, with public informational sessions immediately preceding the public hearings. This comment period will allow all interested parties an opportunity to attend the public hearings and provide testimony and additional comments on the proposed rufa red knot listing. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

The Environmental Protection Agency (EPA) is proposing to approve revisions to Michigan's Prevention of Significant Deterioration Program rules and definitions, including revisions to Parts 1 and 18 of Michigan's Air Pollution Control Rules into Michigan's State Implementation Plan (SIP). The revised rules address the Federal requirements for significant emission levels, and definitions for fine particulate matter. The Michigan Department of Environmental Quality submitted these revisions to EPA on August 9, 2013, and September 19, 2013.

This action finalizes revisions to the new source performance standards for kraft pulp mills. These revised standards include particulate matter emission limits for recovery furnaces, smelt dissolving tanks and lime kilns, and opacity limits for recovery furnaces and lime kilns equipped with electrostatic precipitators. These revised standards apply to emission units commencing construction, reconstruction or modification after May 23, 2013. This final rule removes the General Provisions exemption for periods of startup, shutdown and malfunction resulting in a standard that applies at all times. This final rule also includes additional testing requirements and updated monitoring, recordkeeping and reporting requirements for affected sources, including electronic reporting of performance test data. These revisions to the testing, monitoring, recordkeeping and reporting requirements are expected to ensure that control systems are properly maintained over time, ensure continuous compliance with standards and improve data accessibility for the Environmental Protection Agency (EPA), states, tribal governments and communities.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. The State of Delaware has made a submittal addressing the infrastructure requirements for the 2008 ozone NAAQS.

We are superseding airworthiness directive (AD) 2012-26-14 for all Rolls-Royce Deutschland Ltd & Co KG (RRD) BR700-715A1-30, BR700- 715B1-30, and BR700-715C1-30 turbofan engines. AD 2012-26-14 required removal from service of certain high-pressure (HP) compressor stages 1 to 6 rotor disc assemblies before exceeding certain thresholds. This AD requires removal from service at those same thresholds but restricts the applicability to engines exposed to silver-plated nuts, and removes the terminating action statement required by AD 2012-26-14. This AD was prompted by RRD development of a new silver-free nut that, if installed with a new HP compressor stages 1 to 6 rotor disc assembly, would correct the unsafe condition identified in AD 2012-26-14. We are issuing this AD to prevent failure of the HP compressor stages 1 to 6 rotor disc assembly, which could lead to an uncontained engine failure and damage to the airplane.

The Commission is noticing a recent Postal Service filing concerning the initiation of a proceeding to consider proposed changes in analytical principles (Proposals One through Two). This notice informs the public of the filing, invites public comment, and takes other administrative steps.

This document provides the interim final text of regulations governing the employee protection (or whistleblower) provisions of the Consumer Financial Protection Act of 2010, Section 1057 of the Dodd- Frank Wall Street Reform and Consumer Protection Act of 2010 (CFPA). This rule establishes procedures and time frames for the handling of retaliation complaints under CFPA, including procedures and time frames for employee complaints to the Occupational Safety and Health Administration (OSHA), investigations by OSHA, appeals of OSHA determinations to an administrative law judge (ALJ) for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board (ARB) (acting on behalf of the Secretary of Labor) and judicial review of the Secretary's final decision.

We are superseding Airworthiness Directive (AD) 2010-23-12 for certain Airbus Model A330 and Model A340 series airplanes. AD 2010-23- 12 required inspecting to determine the part number for Thales Avionics Angle of Attack (AoA) probes, and replacing any affected probe with a serviceable probe. This new AD adds airplanes to the applicability and, for certain airplanes, requires that those affected probes be replaced. This AD was prompted by reports that the AoA sensors on certain airplanes were modified and re-identified without performing the inspection to determine the part number; therefore, the affected probes were not replaced with serviceable probes. We are issuing this AD to prevent erroneous AoA information and consequent delayed activation or non-activation of the AoA protection systems, which, in combination with flight at a high angle of attack, could result in reduced controllability of the airplane.

We are adopting a new airworthiness directive (AD) for all Airbus Model A330-200, -300 and -200 Freighter series airplanes; and Model A340-200, -300, -500, and -600 series airplanes. This AD was prompted by a report that an airplane equipped with Angle of Attack (AOA) sensors installed with conic plates recently experienced blockage of all sensors during climb, leading to autopilot disconnection and activation of the alpha protection (Alpha Prot) when Mach number was increased. This AD requires, for certain airplanes, revising the airplane flight manual (AFM) to advise the flightcrew of emergency procedures for addressing AOA sensor blockage. This AD also requires replacing the AOA sensor conic plates with AOA sensor flat plates, which is a terminating action for the AFM revision. We are issuing this AD to prevent reduced control of the airplane.