June 2014 – Federal Register Recent Federal Regulation Documents

In response to requests from interested parties, the Mine Safety and Health Administration (MSHA) is extending the comment period on the Agency's Request for Information (RFI) on Refuge Alternatives for Underground Coal Mines. This extension gives interested parties additional time to review research reports and other relevant information.

We are adopting a new airworthiness directive (AD) for Agusta Model A109A, A109A II, A109C, A109E, A109K2, A109S, AW109SP, A119, and AW119 MKII helicopters. This AD requires inspecting and replacing certain part-numbered main rotor swashplate support nuts. This AD is prompted by a report of two cracked nuts found on an A109S helicopter. These actions are intended to detect a cracked nut and prevent failure of the main rotor system, and subsequent loss of control of the helicopter.

This action proposes special conditions for the Bombardier Aerospace Models BD-500-1A10 and BD-500-1A11 series airplanes. These airplanes will have a novel or unusual design feature associated with the use of carbon fiber reinforced plastic (CFRP) for most of the wing fuel tank structure, which, when impacted by tire debris, may resist penetration or rupture differently from aluminum wing skins. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

NMFS proposes regulations to implement Amendment 8 to the Fishery Management Plan for Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region (FMP) (Amendment 8), as prepared by the South Atlantic Fishery Management Council (Council). If implemented, this rule would expand portions of the northern and western boundaries of the Oculina Bank habitat area of particular concern (HAPC) (Oculina Bank HAPC) and allow transit through the Oculina Bank HAPC by fishing vessels with rock shrimp onboard; modify vessel monitoring systems (VMS) requirements for rock shrimp fishermen transiting through the Oculina Bank HAPC; expand a portion of the western boundary of the Stetson Reefs, Savannah and East Florida Lithotherms, and Miami Terrace Deepwater Coral HAPC (CHAPC) (Stetson- Miami Terrace CHAPC), including modifications to the shrimp access area A, which is proposed to be renamed ``shrimp access area 1''; and expand a portion of the northern boundary of the Cape Lookout Lophelia Banks Deepwater CHAPC (Cape Lookout CHAPC). In addition, this proposed rule makes a minor administrative change to the names of the shrimp fishery access areas. The purpose of this rule is to increase protections for deepwater coral based on new information for deepwater coral resources in the South Atlantic.

The Rural Business-Cooperative Service (RBS) amends its regulations for the Intermediary Relending Program (IRP). This action is critical to immediately address three major items. First, the Agricultural Act of 2014 incorporates the IRP into the Consolidated Farm and Rural Development Act (Con Act). Therefore the IRP will now be subject to the Con Act, Section 343(a)(13) ``rural and rural area'' definition. Second, the Agency is making the following changes based on an Office of Inspector General (OIG) audit: Removing part of the definition of revolved funds to eliminate public confusion on its applicability; providing stronger guidance on items that should be taken into consideration when approving subsequent loans; defining what is meant by promptly relending collections from loans made from the revolving loan fund account; and providing clarification when prior Agency concurrence is needed to make loans. Finally, the Agency is removing provisions for Rural Development Loan Fund (RDLF) servicing as there are no longer any active RDLF accounts.

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for Ivesia webberi (Webber's ivesia) under the Endangered Species Act (Act). In total, approximately 2,170 acres (879 hectares) in Plumas, Lassen, and Sierra Counties in northeastern California, and in Washoe and Douglas Counties in northwestern Nevada, fall within the boundaries of the critical habitat designation. The effect of this regulation is to conserve I. webberi's critical habitat under the Act.

The U.S. Small Business Administration (SBA) published a final rule in the Federal Register on October 2, 2013, which amended its regulations governing small business prime contracting by implementing provisions of the Small Business Jobs Act of 2010. That rule was published with inadvertent errors in two of the regulatory sections. Those errors are corrected in this document.

As provided under the Agriculture Act of 2014 (2014 Farm Bill), the Agricultural Marketing Service (AMS) is amending the National Sheep Industry Improvement Center (NSIIC) regulations. This interim rule redesignates the statutory authority from section 375 of the Consolidated Farm and Rural Development Act to the Agricultural Marketing Act of 1946, amends the definition of the Act in the regulations consistent with the redesignated statutory authority, and amends the regulations by increasing the administrative cap for the use of the fund from 3 percent to 10 percent.

The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including walk-in coolers and walk-in freezers. EPCA also requires the U.S. Department of Energy (DOE) to determine whether more-stringent standards would be technologically feasible and economically justified, and would save a significant amount of energy. In this final rule, DOE is adopting more-stringent energy conservation standards for some classes of walk-in cooler and walk-in freezer components and has determined that these standards are technologically feasible and economically justified and would result in the significant conservation of energy.

We propose to adopt a new airworthiness directive (AD) for Sikorsky Model S-76A, S-76B, and S-76C helicopters with a main gearbox (MGB) installed that has undergone certain repairs. This proposed AD would require inspecting the MGB lower housing jet bores for leaks, paint or caulk blistering, and liner protrusion. This proposed AD is prompted by several reports of MGB low oil pressure warnings which were determined to be the result of unsecured jet bore liners that had protruded. The proposed actions are intended to prevent failure of the MGB from loss of oil, which could result in subsequent loss of control of the helicopter.

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

We, NMFS, issue a final determination to list five species of foreign sturgeon as endangered under the Endangered Species Act (ESA). We updated the status reviews of the species to include additional information regarding the species and conservation efforts being made to protect them. We considered governmental and public comments on the proposed listing rule. We have made our determination that Acipenser naccarii (Adriatic sturgeon), and A. sturio (European sturgeon) in Western Europe, A. sinensis (Chinese sturgeon) in the Yangtze River basin, and A. mikadoi (Sakhalin sturgeon) and Huso dauricus (Kaluga sturgeon) in the Amur River Basin/Sea of Japan/Sea of Okhotsk region, should be listed as endangered species. We will not designate critical habitat because the geographical areas occupied by these species are entirely outside U.S. jurisdiction, and we have not identified any unoccupied areas in the U.S. that are currently essential to the conservation of any of these species.

The Food and Drug Administration (FDA or the Agency) is reclassifying ultraviolet (UV) lamps intended to tan the skin from class I (general controls) exempt from premarket notification to class II (special controls) and subject to premarket notification, and renaming them sunlamp products and UV lamps intended for use in sunlamp products. FDA is designating special controls that are necessary to provide a reasonable assurance of safety and effectiveness of the device. FDA is reclassifying this device on its own initiative based on new information.

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

The FHWA and the FTA are jointly issuing this NPRM to propose revisions to the regulations governing the development of metropolitan transportation plans and programs for urbanized areas, State transportation plans and programs, and the congestion management process. The changes reflect recent passage of the Moving Ahead for Progress in the 21st Century Act (MAP-21). The MAP-21 continues many provisions related to transportation planning from prior laws; however, it introduces transformational changes and adds some new provisions. The proposed rule would make the regulations consistent with current statutory requirements and proposes the following: A new mandate for State departments of transportation (States) and metropolitan planning organizations (MPO) to take a performance-based approach to planning and programming; a new emphasis on the nonmetropolitan transportation planning process, by requiring States to have a higher level of involvement with nonmetropolitan local officials and providing a process for the creation of regional transportation planning organizations (RTPO); a structural change to the membership of the larger MPOs; a new framework for voluntary scenario planning; revisions to the integration of the planning and environmental review process; and a process for programmatic mitigation plans.

On January 4, 2013, in Natural Resources Defense Council (NRDC) v. EPA, the D.C. Circuit Court remanded to the Environmental Protection Agency (EPA) the ``Final Clean Air Fine Particle Implementation Rule'' (April 25, 2007) (the ``2007 PM2.5 Implementation Rule'') and the ``Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5)'' final rule (May 16, 2008) (the ``2008 PM2.5 NSR Rule''). The Court found that the EPA erred in implementing the 1997 PM2.5 National Ambient Air Quality Standards (NAAQS) pursuant solely to the general implementation provisions of subpart 1 of Part D of Title I of the Clean Air Act (CAA or Act), without also considering the particulate matter-specific provisions of subpart 4 of Part D. The Court's ruling remanded the rules to the EPA to address implementation of the 1997 PM2.5 NAAQS under subpart 4. This final rulemaking identifies the classification under subpart 4 for areas currently designated nonattainment for the 1997 and/or 2006 PM2.5 standards, the deadlines for states to submit attainment-related and nonattainment new source review (NNSR) state implementation plan (SIP) elements required for these areas pursuant to subpart 4, and the EPA guidance that is currently available regarding subpart 4 requirements. The final deadlines for 1997 and 2006 PM2.5 NAAQS attainment-related SIP submissions and NNSR requirements for nonattainment areas would replace previous deadlines that were set solely pursuant to subpart 1. Specifically, the EPA is identifying the initial classification of current 1997 and/or 2006 PM2.5 NAAQS nonattainment areas as ``Moderate,'' and the EPA is setting a deadline of December 31, 2014, for submission of remaining required SIP submissions for these areas, pursuant to and considering the application of subpart 4. This rulemaking affects 1997 and 2006 PM2.5 NAAQS nonattainment areas. After the careful consideration of the comments received on the proposal, the EPA is planning to finalize the rule as it was proposed. As part of the final rulemaking, the EPA is also updating 40 CFR part 81, ``Designation of Areas for Air Quality Planning Purposes'' for the 1997 and 2006 PM2.5 NAAQS nonattainment areas.