May 2014 – Federal Register Recent Federal Regulation Documents

EPA is making the following document available for public review and comment: ``Framework for Identifying and Evaluating Lead- Based Paint Hazards From Renovation, Repair, and Painting Activities in Public and Commercial Buildings'' (Framework). The Framework describes an approach for identifying and evaluating hazards created by renovations of public and commercial buildings (P&CBs). The Framework also describes how the analyses under this approach would be performed, and presents results of some preliminary analyses that evaluated the impact of different variables on exposure estimates for young children. EPA will consider these comments as the Agency determines whether hazards are created by P&CB renovations and, if appropriate, develops proposed requirements.

The Acting Assistant Secretary for Postsecondary Education announces two priorities for the National Resource Centers (NRC) Program administered by the International and Foreign Language Education Office. The Assistant Secretary may use these priorities for competitions in fiscal year (FY) 2014 and later years. We take this action to focus Federal financial assistance on an identified national need. We intend these priorities to address a gap in the types of institutions, faculty, and students that have historically benefited from the resources available at NRCs and to address a shortage in the number of teachers entering the teaching profession with global competency and world language training, certification, or credentials.

We are proposing to amend the veterinary biological product regulations by defining the terms used for reporting the results of tests performed on veterinary biological products. Licensees and permittees of veterinary biological products must conduct these tests and report the results to the Animal and Plant Health Inspection Service so that the Agency can determine if the products are eligible for release. Defining these terms would clarify the circumstances under which the results of a prescribed test can be reported as satisfactory, unsatisfactory, inconclusive, or a No Test. We are also proposing to remove several obsolete testing standard requirements from part 113. These changes would update our regulations and improve communication between regulators and product licensees and permittees with respect to reporting test results.

The Food and Drug Administration (FDA) is classifying dengue virus serological reagents into class II (special controls). The special controls that will apply to the device are identified in this order, and the codified language for the dengue serological reagents classification will include the identification of the special controls that will apply to this device. The Agency is classifying the device into class II (special controls) because special controls, in addition to general controls, will provide a reasonable assurance of safety and effectiveness of the device.

NMFS is implementing two measures in this rulemaking: A requirement for daily Vessel Monitoring System (VMS) catch reporting for vessels declared to fish in the Eastern U.S./Canada Area; and the de minimis amount of unused fishing year (FY) 2013 sector annual catch entitlement (ACE) that may be carried over, beginning in FY 2014, without being subject to potential accountability measures. The revision to the reporting requirement is necessary to ensure accurate and timely Eastern U.S./Canada Area catch reporting for quota monitoring purposes. The de minimis carryover amount is necessary to complete the carryover process NMFS described for FY 2014 in conjunction with the May 2013 rulemaking for Framework Adjustment 50 to the Northeast (NE) Multispecies Fishery Management Plan (FMP).

The Environmental Protection Agency (EPA) is approving revisions to the Texas State Implementation Plan (SIP) submitted by the Texas Commission on Environmental Quality (TCEQ) on May 19, 2011. The May 19, 2011, SIP submission adopts revisions to the Texas General Air Quality Definitions and Permits by Rule (PBR) program consistent with certain federal rules implementing the 1997 and 2006 PM2.5 National Ambient Air Quality Standard (NAAQS). EPA finds that the Texas Prevention of Significant Deterioration (PSD) New Source Review (NSR) SIP meets all EPA PM2.5 PSD SIP rules. These rules include permitting components such as the PM2.5 precursors of sulfur dioxide and nitrogen oxides, condensables, significant emissions rates (SER), and increment. EPA is approving these actions under section 110 and part C of the Clean Air Act (CAA or the Act).

NMFS proposes to implement an annual catch limit (ACL), and associated annual reference points for Pacific sardine in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of July 1, 2014, through June 30, 2015. This rule is proposed according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The proposed 2014-2015 ACL for Pacific sardine is 23,293 metric tons (mt). The proposed initial overall commercial fishing target, that is to be allocated across the three allocation periods for sardine management, is 19,293 mt. This amount would be divided across the three seasonal allocation periods for the directed fishery the following way: July 1-September 147,718 mt; September 15-December 314,823 mt; and January 1-June 306,752 mt, with an incidental set-aside of 500 mt for each of the three periods. This proposed rule is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast.

DoD, GSA, and NASA are adopting as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act of 2012. This section expands the application of the senior executive compensation benchmark to a broader group of contractor employees on contracts awarded by DoD, NASA, and the Coast Guard. The senior executive compensation benchmark amount limits the reimbursement of contractor employee compensation costs.

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to clarify contractor and subcontractor responsibilities to obtain workers' compensation insurance or to qualify as a self-insurer, and other requirements, under the terms of the Longshore and Harbor Workers' Compensation Act (LHWCA) as extended by the Defense Base Act (DBA).

DoD, GSA, and NASA have adopted as final, with changes, two interim rules amending the Federal Acquisition Regulation (FAR) to revise the clause on Recovery Act reporting procedures. This final rule implements a section of the Consolidated Appropriations Act, 2014, by repealing the reporting requirements of the American Recovery and Reinvestment Act of 2009.

In this Notice of Proposed Rulemaking, the Federal Energy Regulatory Commission proposes to amend its regulations to waive the Open Access Transmission Tariff requirements, the Open Access Same-Time Information System requirements its regulations, and the Standards of Conduct requirements its regulations for any public utility that is subject to such requirements solely because it owns, controls, or operates Interconnection Customer's Interconnection Facilities, in whole or in part, and sells electric energy from its Generating Facility, as those terms are defined in the pro forma Large Generator Interconnection Procedures and the pro forma Large Generator Interconnection Agreement and adopted in Order No. 2003. The Commission proposes to find that requiring the filing of an Open Access Transmission Tariff is not necessary to prevent unjust or unreasonable rates or unduly discriminatory behavior with respect to Interconnection Customer's Interconnection Facilities over which interconnection and transmission services can be ordered pursuant to the Federal Power Act.

In this document, the Commission seeks comment on a proposal filed by the National Association of Broadcasters (NAB) that would relax but not eliminate certain of the Commission's rules which require the filtering of Travelers' Information Stations (TIS) audio frequencies between 3 and 20 kHz.

We propose to supersede Airworthiness Directive (AD) 2012-13- 08, which applies to certain The Boeing Company Model 747-100, 747- 100B, 747-200B, 747-200C, 747-200F, 747-400F, 747SR, and 747SP series airplanes, without a stretched upper deck or stretched upper deck modification. AD 2012-13-08 currently requires repetitive inspections of tension ties and surrounding structure for cracking, additional inspections for certain airplanes, and related investigative and corrective actions if necessary. AD 2012-13-08 also currently requires modification of tension tie structure or tension tie and frame structure at specified stations, a post-modification inspection of any modified area for cracking, repetitive inspections for cracking in the unmodified areas of the tension tie structure and frame structure at certain stations, and repair if necessary. Since we issued AD 2012-13-08, the manufacturer conducted a widespread fatigue damage analysis and determined that additional inspections are necessary. This proposed AD would add, for certain airplanes, surface high frequency eddy current (HFEC) inspections for cracking in unmodified center section tension ties, and repair if necessary; repetitive post- modification eddy current inspections for cracking of modified and unmodified areas, and repair if necessary; a new modification (replacement) of tension tie and frame structures; and repetitive inspections of tension ties and surrounding structure for cracking, and related investigative and corrective actions if necessary. This proposed AD also reduces an inspection interval. We are proposing this AD to prevent tension ties from becoming severed or disconnected from the frames, which could lead to reduced structural integrity and sudden decompression of the airplane in flight.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This proposed AD was prompted by a report that certain parts of the aft baggage door did not conform to the design specifications and were of degraded strength. This proposed AD would require repetitive inspections for cracking and deformations of certain stop fittings and striker plates of the aft baggage bay door; and replacement, which would terminate the repetitive inspections. We are proposing this AD to prevent cracking and deformations of certain stop fittings and striker plates, which may result in the opening of the aft baggage bay door and rapid decompression or reduced controllability of the airplane.

The Local Government Advisory Committee's Protecting America's Waters Workgroup is seeking input on its Charge from the Environmental Protection Agency (EPA) to give advice and recommendations on a proposed rule to clarify protection under the Clean Water Act for streams and wetlands that form the foundation of the nation's water resources. The LGAC Protecting America's Waters Workgroup will have a series of meetings to hear from local elected and appointed officials at several geographic field locations. The focus of the workgroup meeting is to hear from local officials on local issues of concern related to Waters of the United States proposed rule published on April 21, 2014 (79 FR 22188). This is an open meeting and state, local and tribal officials are invited to attend. Individuals or organizations wishing to address the workgroup meeting will be allowed a maximum of five minutes to present their point of view.

We propose to adopt a new airworthiness directive (AD) for certain Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model L-1011 series airplanes. This proposed AD was prompted by reports of cracked rib cap castellations. This proposed AD would require repetitive inspections for castellation and skin clips cracked or damaged between stringers and cracked stringer clips of the wing box pylon back-up structure, and front spar to rear spar, repetitive inspections for cracking, damage, or failure of the pylon back-up torque box structure; repetitive inspections for cracking or damage of the wing box external areas at the drag brace aft wing fitting; and repetitive inspections of the outer surface of the wing upper and lower skins for cracks or damage along the rib attachment at the fastener holes and between the two rows of attachment; and corrective actions if necessary. We are proposing this AD to detect and correct cracked or damaged rib cap castellations, which could degrade the structural capabilities of the airplane.

The Board is instituting this advance notice of proposed rulemaking proceeding to give shippers, rail carriers, and other interested persons the opportunity to comment on whether the safe harbor provision of the Board's current fuel surcharge rules should be modified or removed.

On December 12, 2013, the Commodity Futures Trading Commission (``Commission'') published in the Federal Register a notice of proposed rulemaking (the ``Position Limits Proposal'') to establish speculative position limits for 28 exempt and agricultural commodity futures and options contracts and the physical commodity swaps that are economically equivalent to such contracts. On November 15, 2013, the Commission published in the Federal Register a notice of proposed rulemaking (the ``Aggregation Proposal'') to amend existing regulations setting out the Commission's policy for aggregation under its position limits regime. The Commission has directed staff to hold a public roundtable on June 19, 2014, to consider certain issues regarding position limits for physical commodity derivatives. In order to provide interested parties with an opportunity to comment on the issues to be discussed at the roundtable, the Commission will reopen the comment periods for the Position Limits Proposal and the Aggregation Proposal for a three-week period starting June 12, 2014 (one week before the roundtable) and ending July 3, 2014 (two weeks following the roundtable). Comments should be limited to the issues of hedges of a physical commodity by a commercial enterprise, including gross hedging, cross- commodity hedging, anticipatory hedging, and the process for obtaining a non-enumerated exemption; the setting of spot month limits in physical-delivery and cash-settled contracts and a conditional spot- month limit exemption; the setting of non-spot limits for wheat contracts; the aggregation exemption for certain ownership interests of greater than 50 percent in an owned entity; and aggregation based on substantially identical trading strategies.

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Morgan City Railroad Bridge across Berwick BayAtchafalaya River, mile 17.5 and the Gulf Intracoastal Waterway (Morgan City-Port Allen Alternate Route, mile 0.3) in Morgan City, St. Mary's Parish, Louisiana. This deviation provides for the bridge to remain closed to navigation for four consecutive hours with an opening to pass vessels in the middle for the purpose of conducting scheduled maintenance to the drawbridge.

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Atlantic Ocean in Virginia Beach, VA. This safety zone will restrict vessel movement in the specified area during the Patriotic Festival III. This action is necessary to provide for the safety of life and property on the surrounding navigable waters during the air show.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the upper deck of the Steel Bridge across the Willamette River, mile 12.1, at Portland, OR. This deviation is necessary to accommodate the safe and efficient movement of light rail and roadway traffic associated with the Rose Parade in Portland, Oregon. This deviation allows the upper deck of the Steel Bridge to remain in the closed position to facilitate efficient movement of event patrons.

The Coast Guard is modifying the operating schedule that governs the Amtrak Bridge, at mile 6.8 over Bush River, at Perryman, MD. The rule updates the language of the regulation to reflect the intent of the original schedule and change the interim rule as final.

The Food and Drug Administration (FDA or we) is announcing a public meeting to discuss two proposed rules aimed at updating nutrition information and serving size requirements on the nutrition facts labels to provide consumers with information that could be used to maintain healthy dietary practices. The purpose of the public meeting is to inform the public of the provisions of the proposed rules and the rulemaking process (including how to submit comments, data, and other information to both dockets) as well as solicit oral stakeholder and public comments on the proposed rules and to respond to questions about the proposed rules.

The Board of Governors of the Federal Reserve System (Board) is repealing its Regulation P, 12 CFR part 216, which was issued to implement the privacy provisions of the Gramm-Leach-Bliley Act (GLB Act). Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) transferred rulemaking authority for a number of consumer financial protection laws from the Board, and six other Federal agencies, to the Bureau of Consumer Financial Protection (Bureau), including rulemaking authority for the provisions in Subtitle A of Title V of the GLB Act that were implemented in the Board's Regulation P. In December 2011, the Bureau published an interim final rule establishing its own Regulation P to implement these provisions of the GLB Act. The Bureau's Regulation P covers those entities previously subject to the Board's Regulation P. Accordingly, the Board is repealing its Regulation P.