August 2014 – Federal Register Recent Federal Regulation Documents

This document contains final regulations relating to the retail inventory method of accounting. The regulations restate and clarify the computation of ending inventory values under the retail inventory method and provide a special rule for certain taxpayers that receive margin protection payments or vendor allowances that are required to reduce only cost of goods sold. The regulations affect taxpayers that are retailers and use a retail inventory method.

We are adopting a new airworthiness directive (AD) for certain Turbomeca S.A. Makila 2A and Makila 2A1 turboshaft engines. This AD requires initial and repetitive visual inspections, and replacement of the splines of the high-pressure (HP) fuel pump/metering valve and the module M01 drive gear, if necessary. This AD was prompted by the failure of two HP fuel pumps that resulted in engine in-flight shutdowns. We are issuing this AD to prevent failure of the HP fuel pump, which could lead to an in-flight shutdown, damage to the engine, and forced landing or accident.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the western distinct population segment of the yellow-billed cuckoo (western yellow-billed cuckoo) (Coccyzus americanus) under the Endangered Species Act. In total, approximately 546,335 acres (221,094 hectares) are being proposed for designation as critical habitat in Arizona, California, Colorado, Idaho, Nevada, New Mexico, Texas, Utah, and Wyoming. The effect of this regulation, if finalized, is to designate critical habitat for the western yellow- billed cuckoo under the Endangered Species Act.

This action would amend certain airworthiness regulations for transport category airplanes to require fuel tank designs that prevent a fuel tank explosion caused by flame propagation through the fuel tank vents from external fires. This action would add a new requirement for fuel tank vent fire protection and would increase the time available for passenger evacuation and emergency response. This proposed amendment would apply to applications for new type certificates and certain applications for amended or supplemental type certificates. It would also require certain airplanes produced in the future and operated by air carriers to meet the new standards.

This action finalizes the residual risk and technology review (RTR) conducted for the Flexible Polyurethane Foam (FPUF) Production source category regulated under national emission standards for hazardous air pollutants (NESHAP). In addition, the EPA is finalizing amendments to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown and malfunction (SSM); add requirements for reporting of performance testing through the Electronic Reporting Tool (ERT); clarify the leak detection methods allowed for diisocyanate storage vessels at slabstock foam production facilities; and revise the rule to add a schedule for delay of leak repairs for valves and connectors.

In this document the Commission adopts rules to implement the broadcast television spectrum incentive auction. Our central objective in designing this incentive auction is to harness the economics of demand for spectrum in order to allow market forces to determine its highest and best use, which will benefit consumers of telecommunications services.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted by reports of failure of the high pressure shutoff valves (HPSOVs) causing the timer and monitor unit (TMU) to become inoperative since the HPSOV and the TMU are on the same circuit breaker. This AD requires a wiring modification to segregate the HPSOV power supply from the TMU. We are issuing this AD to prevent an inoperative TMU, which could result in the loss of the automatic de-icing mode, and lead to an increased workload for the flight crew and loss of control of the airplane.

This rule decreases the assessment rate established for the Texas Valley Citrus Committee (Committee) for the 2014-15 and subsequent fiscal periods from $0.16 to $0.11 per 7/10-bushel carton or equivalent of oranges and grapefruit handled. The Committee locally administers the marketing order, which regulates the handling of oranges and grapefruit grown in the Lower Rio Grande Valley in Texas. Assessments upon orange and grapefruit handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The Assistant Secretary for Special Education and Rehabilitative Services announces two priorities under the Capacity Building Program for Traditionally Underserved Populations administered by the Rehabilitation Services Administration (RSA). The Assistant Secretary may use one or more of these priorities for competitions in fiscal year (FY) 2014 and later years. Priority 1 establishes a new vocational rehabilitation (VR) training institute for the preparation of personnel in American Indian Vocational Rehabilitation Services (AIVRS) projects (the Institute). Priority 2 requires a partnership between a four-year institution of higher education (IHE) and a two- year community college or tribal college. This partnership is designed to successfully implement the VR training Institute established in Priority 1. In addition, the partnership agreement required under Priority 2 provides a brief description of how the partnership will be managed, the partners' roles and responsibilities and a strategy for sustaining the partnership after the Federal investment ends.

The Environmental Protection Agency (EPA) Region 6 is issuing a Notice of Intent to Delete the Monroe Auto Equipment (Paragould Pit) Superfund Site (Site) located in Paragould, Greene County, Arkansas, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Arkansas, through the Arkansas Department of Environmental Quality have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

We propose to adopt a new airworthiness directive (AD) for certain Dassault Aviation Model FALCON 2000 and FALCON 2000EX airplanes. This proposed AD was prompted by a design review, which revealed that the forward servicing compartment (FSC) is configured with tie-down points. This proposed AD would require inspecting the FSC for installed tie-down points, and removing those tie-down points. We are proposing this AD to detect and correct installed tie-down points, which could lead to inadvertent use of the FSC as a cargo compartment, which could result in damage to the structure of the airplane or potential risk of fire.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This proposed AD was prompted by issuance of revised certification maintenance requirements (CMR) for the horizontal stabilizer trim actuator (HSTA). This proposed AD would require revising the maintenance or inspection program. We are proposing this AD to detect and correct premature wear and cracking of the HSTAs, which could result in reduced structural integrity and reduced control of the airplane due to the failure of system components.

This document contains corrections to the proposed rule (RM14- 7-000) which was published in the Federal Register of Thursday, June 26, 2014 (79 FR 36269). The regulations propose to approve Modeling, Data, and Analysis Reliability Standard MOD-001-2 developed by the North American Electric Reliability Corporation.

This action amends the legal descriptions of Jet Route J-34 and VHF omnidirectional range (VOR) Federal airways V-274, V-285, and V-510, in the vicinity of Grand Rapids, MI. The FAA is taking this action because the name of the Grand Rapids, MI, VOR/Distance Measure Equipment (VOR/DME) facility, which is included in the descriptions of the above routes, is being changed to the Victory VOR/DME.

This rule clarifies existing standards and procedures by which the Bureau of Industry and Security (BIS) may require that certain contracts or orders that promote the national defense be given priority over other contracts or orders. It also sets new standards and procedures for such prioritization with respect to contracts or orders for emergency preparedness activities. Finally, this rule sets new standards and procedures by which BIS may allocate materials, services and facilities to promote the national defense. This rule implements provisions in the Defense Production Act Reauthorization of 2009 (September 30, 2009) (herein the Reauthorization Act) regarding publication of regulations providing standards and procedures for prioritization of contracts and orders and for allocation of materials, services, and facilities to promote the national defense under emergency and non-emergency conditions.

On November 08, 2013, OSHA published a notice of proposed rulemaking to amend the agency's regulation on the annual OSHA injury and illness reporting requirements to add three new electronic reporting obligations. At a public meeting on the proposal, many stakeholders expressed concern that the proposal could motivate employers to under-record their employees' injuries and illnesses. They expressed concern that the proposal could promote an increase in workplace policies and procedures that deter or discourage employees from reporting work related injuries and illnesses. These include adopting unreasonable requirements for reporting injuries and illnesses and retaliating against employees who report injuries and illnesses. In order to protect the integrity of the injury and illness data, OSHA is considering adding provisions that will make it a violation for an employer to discourage employee reporting in these ways. To facilitate further evaluation of this issue, OSHA is extending the comment period for 60 days for public comment on this issue. In promulgating a final rule, OSHA will consider the comments already received as well as the information it receives in response to this notice.

This proposed rule would amend regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to reinstate reporting requirements for the 2014 BE-10, Benchmark Survey of U.S. Direct Investment Abroad. Benchmark surveys are conducted every five years; the prior survey covered 2009. The benchmark survey covers the universe of U.S. direct investment abroad, and is BEA's most comprehensive survey of such investment in terms of subject matter. For the 2014 benchmark survey, BEA proposes changes in the data items collected. No changes are proposed to the reporting requirements for the survey. This mandatory survey would be conducted under the authority of the International Investment and Trade in Services Survey Act (the Act). Unlike most other BEA surveys conducted pursuant to the Act, a response would be required from persons subject to the reporting requirements of the BE-10, Benchmark Survey of U.S. Direct Investment Abroad, whether or not they are contacted by BEA, in order to insure that respondents subject to the requirements for U.S. direct investment abroad are identified.

The Securities and Exchange Commission (``Commission'' or ``SEC'') is adopting amendments to the rules that govern money market mutual funds (or ``money market funds'') under the Investment Company Act of 1940 (``Investment Company Act'' or ``Act''). The amendments are designed to address money market funds' susceptibility to heavy redemptions in times of stress, improve their ability to manage and mitigate potential contagion from such redemptions, and increase the transparency of their risks, while preserving, as much as possible, their benefits. The SEC is removing the valuation exemption that permitted institutional non-government money market funds (whose investors historically have made the heaviest redemptions in times of stress) to maintain a stable net asset value per share (``NAV''), and is requiring those funds to sell and redeem shares based on the current market-based value of the securities in their underlying portfolios rounded to the fourth decimal place (e.g., $1.0000), i.e., transact at a ``floating'' NAV. The SEC also is adopting amendments that will give the boards of directors of money market funds new tools to stem heavy redemptions by giving them discretion to impose a liquidity fee if a fund's weekly liquidity level falls below the required regulatory threshold, and giving them discretion to suspend redemptions temporarily, i.e., to ``gate'' funds, under the same circumstances. These amendments will require all non-government money market funds to impose a liquidity fee if the fund's weekly liquidity level falls below a designated threshold, unless the fund's board determines that imposing such a fee is not in the best interests of the fund. In addition, the SEC is adopting amendments designed to make money market funds more resilient by increasing the diversification of their portfolios, enhancing their stress testing, and improving transparency by requiring money market funds to report additional information to the SEC and to investors. Finally, the amendments require investment advisers to certain large unregistered liquidity funds, which can have many of the same economic features as money market funds, to provide additional information about those funds to the SEC.

This final rule amends HUD's Manufactured Housing Program Fee regulations to raise the fee for each transportable section of a manufactured home that the manufacturer produces in accordance with HUD's Manufactured Home Construction and Safety Standards. This fee is referred to as a label fee. After considering public comments on HUD's May 2, 2014, proposed rule, this final rule raises the label fee to $100.

The Audio Division, at the request of SSR Communications, Inc., allots Channel 286A at Haynesville, Louisiana, as a ``backfill'' allotment to prevent the removal of the community's potential first local service that accommodates the ``hybrid'' application for Station KIMW, Channel 288A from Haynesville, Louisiana, to Heflin, Louisiana. A staff engineering analysis indicates that Channel 286A can be allotted to Haynesville consistent with the minimum distance separation requirements of the Commission's rules with a site restriction 4.6 kilometers (2.9 miles) south of the community. The reference coordinates are 33-00-12 NL and 93-08-19 WL.

We propose to adopt a new airworthiness directive (AD) for certain ATRGIE Avions de Transport R[eacute]gional Model ATR42-500 airplanes, and Model ATR72-212A airplanes. This proposed AD was prompted by a report that during an inspection of an airplane on the production line, interference was detected between the electrical harness and a bonding lead due to an incorrect installation of the affected bonding lead. This proposed AD would require a detailed inspection for damage or incorrect routing of the bonding lead routing above the 120VU shelf, and if any damage or incorrect routing is found, modifying the bonding lead routing. We are proposing this AD to detect and correct installation of the bonding lead, which could cause arcing and chafing, and could possibly result in an uncontrolled fire.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier Inc. Model DHC-8-400 series airplanes. This proposed AD was prompted by a report that during production, an incorrect clevis was used, resulting in improper installation onto the alternate release cable of the main landing gear (MLG). This proposed AD would require a detailed visual inspection of the emergency release clevis of the MLG to determine if an incorrect clevis has been installed, and if necessary, replacing the clevis with a correct clevis and clevis pin. We are proposing this AD to detect and correct improper installation of the clevis, which could cause loss of the alternate release system and prevent the MLG from extending and retracting, and could consequently affect the airplane's continued safe flight and landing.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This proposed AD was prompted by reports of corrosion in the low-rate discharge tubes of the fire protection system leading to the forward baggage compartment, and perforation of one or more tubes. This proposed AD would require repetitive checks for leakage of the discharge tubes of the fire protection system. This proposed AD also mandates eventual replacement of all existing aluminum tube assemblies with new, improved corrosion- resistant stainless steel tube assemblies. We are proposing this AD to prevent perforation of the low-rate discharge tubes, which could result in insufficient fire extinguishing agent reaching the forward baggage compartment in the event of a fire, which could result in damage to the airplane and injury to the occupants.

We, the U.S. Fish and Wildlife Service, announce a 12-month finding on a petition to list the Warton's cave meshweaver (Cicurina wartoni) as an endangered or threatened species and to designate critical habitat under the Endangered Species Act (Act) of 1973, as amended. After a review of the best available scientific information, we find that C. wartoni is not a distinct species. Therefore, we find that C. wartoni is not a listable entity under the Act and does not warrant listing as an endangered or threatened species. As a result, we are removing this species from the candidate list. However, we ask the public to submit to us any new information that becomes available at any time.

The National Endowment for the Arts (NEA) proposes rules to implement the Program Fraud Civil Remedies Act of 1986 (PFCRA). Any person who makes, submits, or presents a false, fictitious, or fraudulent claim or written statement to the agency causing such fraudulent actions to occur is subject to civil penalties and assessments. The proposed rules authorize the NEA to impose civil penalties and assessments through administrative adjudication. The regulations also establish the procedures the NEA will follow in implementing the provisions of the PFCRA and specifies the hearing and appeal rights of persons subject to penalties and assessments under the PFCRA.