July 2014 – Federal Register Recent Federal Regulation Documents

We are adopting a new airworthiness directive (AD) for all Airbus Model A318-111 and -112 airplanes; Model A319-111, -112, -113, - 114, and -115 airplanes; Model A320-111, -211, -212, and -214 airplanes; and Model A321-111, -112, -211, -212, and -213 airplanes. This AD was prompted by reports of broken aft engine mount retainers. This AD requires inspecting the aft engine mount retainers for surface finish, and for cracks and failure, and replacement if necessary. We are issuing this AD to prevent failure of retainer brackets of the aft engine mount and consequent loss of the locking feature of the nuts of the inner and outer pins; loss of the pins will result in the aft mount engine link no longer being secured to the aft engine mount.

We are adopting a new airworthiness directive (AD) for certain Airbus Model A310 series airplanes. This AD was prompted by a report of an electrical arc and a hydraulic haze in the wheel bay of the left- hand main landing gear (MLG), possibly resulting from chafing between a hydraulic high pressure hose and electrical wiring of the green electrical motor pump (EMP). This AD requires modification of the electrical routing and replacement of the union elbows. We are issuing this AD to prevent chafing of hydraulic pressure hoses and electrical wiring of the green EMPs, which, in combination with a system failure, could cause an uncontrolled and undetected fire in the MLG bay.

The Environmental Protection Agency is announcing an extension of the public comment period for the Notice of Proposed Rulemaking (NPRM) requesting public comment and information on revisions to the EPA's ``National Emission Standards for Radon Emissions from Operating Mill Tailings''. The EPA published the NPRM on May 2, 2014 in the Federal Register, which included a request for comments on or before July 31, 2014. The purpose of this action is to extend the public comment period an additional 90 days.

The Assistant Secretary for Special Education and Rehabilitative Services announces a priority under the Advanced Rehabilitation Research Training (ARRT) Program administered by the National Institute on Disability and Rehabilitation Research (NIDRR). Specifically, we announce a priority for an ARRT on Advanced Rehabilitation Research Policy Fellowship. The Assistant Secretary may use this priority for competitions in fiscal year (FY) 2014 and later years. We take this action to focus research attention on an area of national need. We intend the priority to strengthen the capacity of the disability and rehabilitation fields to train researchers to conduct advanced policy research in the areas of rehabilitation and disability.

The Coast Guard proposes to establish temporary regulations in certain waters of the Patapsco River. This action is necessary to provide for the safety of life on navigable waters before, during, and after the ``Baltimore Air Show,'' which consists of aerial practices, performance demonstrations and air shows. The event, scheduled as part of the Star-Spangled 200 activities at Baltimore, Maryland, will be held over certain waters of the Patapsco River from September 11, 2014, through September 14, 2014. This action will restrict vessel traffic in portions of the Patapsco River during the event.

This document contains amendments to correct the final regulations (TD 9636) that provided guidance on the application of sections 162(a) and 263(a) of the Internal Revenue Code (Code) regarding the deduction and capitalization of expenditures related to tangible property. These regulations were published in the Federal Register on Thursday, September 19, 2013 (78 FR 57686).

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update the Rules of the Armed Services Board of Contract Appeals (ASBCA). The final rule revises and reorders the Board's Rules for clarity and consistency and accounts for changes in technology, provides updated contact information, and adds two addendums.

In this notice of proposed rulemaking, the Federal Deposit Insurance Corporation (``FDIC'') proposes to rescind and remove parts of our regulations, entitled ``Management Official Interlocks'' relating to State savings associations. This subpart was included in the regulations that were transferred to the FDIC from the Office of Thrift Supervision (``OTS'') on July 21, 2011, in connection with the implementation of applicable provisions of Title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''). The requirements for State savings associations in the transferred OTS regulations are substantively similar to those in the FDIC's regulations, which is also entitled ``Management Official Interlocks'' and is applicable for all insured depository institutions (``IDIs'') for which the FDIC has been designated the appropriate Federal banking agency. Upon removal of the transferred OTS regulations applicable for all IDIs for which the FDIC has been designated the appropriate Federal banking agency will be found in our regulations.

The Federal Deposit Insurance Corporation (``FDIC'') is adopting a final rule (``Final Rule'') to rescind and remove regulations transferred to the FDIC following dissolution of the former Office of Thrift Supervision (``OTS'') in connection with the implementation of applicable provisions of Title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''). Section 316(b)(3) of the Dodd-Frank Act provided that the former OTS rules that were transferred to the FDIC would be enforceable by or against the FDIC until they were modified, terminated, set aside, or superseded in accordance with applicable law by the FDIC, by any court of competent jurisdiction, or by operation of law.

This document contains final regulations to amend the definition of research and experimental expenditures under section 174 of the Internal Revenue Code (Code). In particular, these final regulations provide guidance on the treatment of amounts paid or incurred in connection with the development of tangible property, including pilot models. The final regulations will affect taxpayers engaged in research activities.

The Defense Nuclear Facilities Safety Board (Board) published a document in the Federal Register on March 7, 1991 (56 FR 9609), implementing the provisions of the Government in the Sunshine Act. Subsequently, the Fiscal Year 2013 National Defense Authorization Act further amended the Atomic Energy Act of 1954, changing and renumbering the Board's enabling legislation. This document corrects the final regulations by changing the referenced sections in the Board's rules implementing the Government in the Sunshine Act.

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft guidance document entitled ``Draft Guidance for the Proposed Rule `Medical Use of Byproduct MaterialMedical Events Definitions, Training and Experience, and Clarifying Amendments.' '' This draft guidance document addresses implementation of the NRC's proposed rule amending its medical use of byproduct material regulations.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Nevada state implementation plan that provides for the maintenance of the national ambient air quality standard for particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers (PM10) in Las Vegas Valley for the next ten years and to approve the related motor vehicle emissions budgets. Based in part on the proposed approval of the PM10 maintenance plan, EPA is also proposing to approve the State of Nevada's request for redesignation of Las Vegas Valley to attainment for the PM10 standard. Consistent with the assumptions of the maintenance plan, EPA is proposing to approve revisions to certain local fugitive dust rules to ensure their continued applicability after redesignation of the area to attainment. Lastly, EPA is proposing to delete the area designation for Las Vegas Valley for the revoked national standard for total suspended particulate because the designation is no longer necessary.

The Assistant Secretary for Special Education and Rehabilitative Services announces two priorities for the Rehabilitation Research and Training Centers (RRTC) Program administered by the National Institute on Disability and Rehabilitation Research (NIDRR). Specifically, this notice announces two priorities for two RRTCs on Transition to Employment for Youth and Young Adults with Serious Mental Health Conditions and Community Living and Participation for Youth and Young Adults with Serious Mental Health Conditions. The Assistant Secretary may use these priorities for competitions in fiscal year (FY) 2014 and later years. This RRTC will be jointly funded by NIDRR and the Substance Abuse and Mental Health Services Administration (SAMHSA). We take this action to focus research attention on an area of national need. We intend these priorities to contribute to improved outcomes in the transition to employment and community living and participation for youth and young adults with serious mental health conditions (SMHC) resulting in psychiatric disability.

The U.S. Nuclear Regulatory Commission (NRC) will consider in its rulemaking process six issues raised in a petition for rulemaking (PRM), PRM-72-7, submitted by Anthony Pietrangelo, on behalf of the Nuclear Energy Institute (NEI or the petitioner). The petitioner requests that the NRC amend its regulations to improve the efficiency of the licensing and oversight of spent fuel dry cask storage.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A320-211, -212, -214, -231, -232, and -233 airplanes. This proposed AD was prompted by a report of cracking at the splice plate of a frame butt joint crossing area found during full- scale fatigue testing. This proposed AD would require repetitive inspections for cracking of both sides of the splice plate of that frame butt joint crossing area, and corrective action if necessary. This proposed AD would also provide for an optional modification, which would terminate the repetitive inspections. We are proposing this AD to detect and correct fatigue cracking of the splice plate of the frame 47 butt joint crossing area, which could result in reduced structural integrity of the airplane.

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A318, A319, A320, and A321 series airplanes. This proposed AD was prompted by a determination that more restrictive airworthiness limitations are necessary. This proposed AD would require revising the maintenance or inspection program as applicable. We are proposing this AD to prevent a safety-significant latent failure (which is not annunciated) which, in combination with one or more other specific failures or events, would result in a hazardous or catastrophic failure condition.

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model MD-90-30 airplanes. This proposed AD was prompted by reports of cracks emanating from the aft-most barrel nut holes of the left and right upper rear spar caps of the horizontal stabilizer. This proposed AD would require repetitive high frequency eddy current (ETHF) inspections for cracks in the areas around the two aft-most barrel nut holes of the upper rear spar caps, and corrective action if necessary; and repetitive ETHF inspections for cracks in the areas around the two aft-most barrel nut holes of any repaired or replaced upper rear spar cap, and corrective actions if necessary. We are proposing this AD to detect and correct such cracks, which could propagate until the upper rear spar cap severs, and result in failure of the horizontal stabilizer upper center or aft skin panel and adversely affect the structural integrity of the airplane.

We are withdrawing a proposed rule that would have amended the regulations regarding genetically engineered organisms regulated by the United States Department of Agriculture by adding provisions for sharing certain business information with State and Tribal government agencies. We have decided to withdraw the proposed rule to ensure that our ability to protect confidential business information from disclosure is maintained.

We are proposing to amend the fruits and vegetables regulations to allow the importation of fresh apples (Malus pumila) from China into the continental United States. As a condition of entry, apples from areas in China in which the Oriental fruit fly (Bactrocera dorsalis) is not known to exist would have to be produced in accordance with a systems approach that would include requirements for registration of places of production and packinghouses, inspection for quarantine pests at set intervals by the national plant protection organization of China, bagging of fruit, safeguarding, labeling, and importation in commercial consignments. Apples from areas in China in which Oriental fruit fly is known to exist could be imported into the continental United States if, in addition to these requirements, the apples are treated with fumigation plus refrigeration. All apples from China would also be required to be accompanied by a phytosanitary certificate with an additional declaration stating that all conditions for the importation of the apples have been met and that the consignment of apples has been inspected and found free of quarantine pests. This action would allow for the importation of apples from China into the continental United States while continuing to provide protection against the introduction of quarantine pests.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 690-square mile ``Upper Hiwassee Highlands'' viticultural area in Cherokee and Clay Counties, North Carolina, and Towns, Union, and Fannin Counties, Georgia. The viticultural area does not lie within or contain any other established viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.

This regulation establishes an exemption from the requirement of a tolerance for residues of polyoxyalkylated trimethylopropanes with 20 to 80 moles of ethylene and/or propylene oxide, fatty acid esters with C8 through C22 aliphatic alkanoic and/or alkenoic fatty acids, branched or linear, the resulting polyoxyalkylene trimethylopropane esters having a minimum molecular weight (MW) of 3,000 when used as an inert ingredient in a pesticide chemical formulation. Spring Trading Co., on behalf of Croda, Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of polyoxyalkylated trimethylopropanes on food or feed commodities.

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Texas on October 28, 2011. These revisions remove the State general conformity provisions from the SIP as allowed by the 2005 amendments to the Clean Air Act (Act or CAA). Upon the effective date of this final action, the EPA Federal rules will govern conformity of general Federal actions within the State of Texas. The revisions also update the narrative portion of the SIP. This action is being taken in accordance with sections 110 and 176 of the Act.

The Idaho Department of Environmental Quality (IDEQ) submitted a revision to the State Implementation Plan (SIP) on December 19, 2012, to address Clean Air Act (CAA or the Act) requirements for the Idaho portion (hereafter referred to as ``Franklin County'') of the cross border Logan, Utah-Idaho nonattainment area for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards. The EPA is approving the baseline emissions inventory contained in IDEQ's submittal as meeting the requirement to submit a comprehensive, accurate, and current inventory of direct PM2.5 and PM2.5 precursor emissions in Franklin County.