September 2014 – Federal Register Recent Federal Regulation Documents

On August 14, 2014, Environmental Protection Agency (EPA) published a direct final rule (79 FR 47586) and a proposed rule; notice of intent to delete (79 FR 47610) that deleted the Monroe Auto Equipment Company (Paragould Pit) site from the Superfund National Priorities List (NPL). EPA stated in the direct final rule that if EPA received adverse comments by September 15, 2014, EPA would publish a timely notice of withdrawal in the Federal Register. Subsequently, EPA discovered scribal errors in the supporting documentation of the final direct rule. EPA will correct those errors in a subsequent final action based on the parallel proposal which published on August 14, 2014. EPA will not institute a second comment period on this final action. Unless adverse comments are received by September 15, 2014, the effective date of the final rule will be September 29, 2014.

The Department of Veterans Affairs (VA) amends its adjudication regulations and the appeals regulations and rules of practice of the Board of Veterans' Appeals (Board) to require that all claims governed by VA's adjudication regulations be filed on standard forms prescribed by the Secretary, regardless of the type of claim or posture in which the claim arises. This rulemaking also eliminates the constructive receipt of VA reports of hospitalization or examination and other medical records as informal claims for increase or to reopen while retaining the retroactive effective date assignment for awards for claims for increase which are filed on a standard form within 1 year of such hospitalization, examination, or treatment. This final rule also implements the concept of an intent to file a claim for benefits, which operates similarly to the current informal claim process, but requires that the submission establishing a claimant's effective date of benefits must be received in one of three specified formats. Finally, these amendments will provide that VA will accept an expression of dissatisfaction or disagreement with an adjudicative determination by the agency of original jurisdiction(AOJ) as a Notice of Disagreement (NOD) only if it is submitted on a standardized form provided by VA for the purpose of appealing the decision, in cases where such a form is provided. Although a standardized NOD form will only initially be provided in connection with decisions on compensation claims, VA may require a standard NOD form for any type of claim for VA benefits if, in the future, it develops and provides a standardized NOD form for a particular benefit. The purpose of these amendments is to improve the quality and timeliness of the processing of veterans' claims for benefits by standardizing the claims and appeals processes through the use of forms.

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX) emissions from boilers, steam generators, and process heaters. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The Environmental Protection Agency (EPA) is correcting a final rule that appeared in the Federal Register of September 3, 2014 (79 FR 52205). The rule redesignated the Hayden area, which encompasses portions of southern Gila and eastern Pinal counties, Arizona, from ``unclassifiable'' to ``nonattainment'' for the 2008 national ambient air quality standards (``NAAQS'' or ``standards'') for lead (Pb). We are making several corrections to the table entitled ``Arizona2008 Lead NAAQS.'' In the Gila County portion of the boundary description, we are adding township T4S, R14E. Although most of this township lies in Pinal County and is listed in that portion of the table, a small area in the northeast corner of T4S, R14E lies within Gila County. Also in the Gila County portion of the boundary description, we are removing the phrase, ``except those portions in the San Carlos Indian Reservation'' because there are no tribal lands within the Gila County portions of T4S, R16E and T5S, R16E. Finally, in the Pinal County portion of the boundary description, we are adding T4S, R15E. This township, which was part of the area that was initially designated as unclassifiable for the 2008 Pb NAAQS, was inadvertently omitted from the boundary description when the area was redesignated to nonattainment.

This document clarifies PHMSA's policy regarding applications for classification approval of Display Aerial Shells with Attachments, provided they conform to the acceptable criteria described in this guidance, and otherwise comply with APA Standard 87-1 requirements. Although the APA Standard 87-1 provides requirements for Display Aerial Shells, it does not specifically address Display Aerial Shells with Attachments.

On September 8, 2014, the Department of Education published in the Federal Register a notice of proposed requirements for the School Improvement Grants authorized under title I of the Elementary and Secondary Education Act of 1965, as amended. This notice corrects the Docket ID used to submit public comments that is listed in the Paperwork Reduction Act of 1995 section.

On May 1, 2014, the Commission released a Report and Order, ``Unlicensed National Information Infrastructure (U-NII) Devices in the 5 GHz Band.'' This document contains corrections to the final regulations that appeared in the Federal Register on May 1, 2014 (79 FR 24569).

This document amends Department of Veterans Affairs (VA) regulations in order to implement a statutory mandate that VA provide health care to certain veterans who served at Camp Lejeune, North Carolina, for at least 30 days during the period beginning on January 1, 1957, and ending on December 31, 1987. The law requires VA to furnish hospital care and medical services for these veterans for certain illnesses and conditions that may be attributed to exposure to toxins in the water system at Camp Lejeune. This rule does not implement the statutory provision requiring VA to provide health care to these veterans' family members; regulations applicable to such family members will be promulgated through a separate notice.

This document adopts fees for Fiscal Year 2015 relating to the registration of importers and the importation of motor vehicles not certified as conforming to the Federal motor vehicle safety standards (FMVSS). These fees will also apply beyond Fiscal Year 2015 until further notice. These fees are needed to maintain the registered importer (RI) program. We are increasing the fees for the registration of a new RI from $805 to $844 and the annual fee for renewing an existing registration from $676 to $726. The fee to reimburse Customs for conformance bond processing costs will increase from $9.09 to $9.34 per bond. The fee for the review, processing, handling, and disbursement of cash deposits that are submitted in lieu of a conformance bond will increase from $495 to $499. We are increasing the fees for the importation of a vehicle covered by an import eligibility decision made on an individual model and model year basis. For vehicles determined eligible based on their substantial similarity to a U.S. certified vehicle, the fee will increase from $101 to $138. For vehicles determined eligible based on their capability of being modified to comply with all applicable FMVSS, the fee will also increase from $101 to $138. The fee for the inspection of a vehicle will remain $827. The fee for processing a conformity package will decrease from $12 to $10. If the vehicle has been entered electronically with Customs through the Automated Broker Interface (ABI) and the RI has an email address, the fee for processing the conformity package will continue to be $6, provided the fee is paid by credit card. If NHTSA finds that the information in the entry or the conformity package is incorrect, the processing fee will increase from $57 to $59, representing a $2 increase in the fee that is currently charged when there are one or more errors in the ABI entry or omissions in the statement of conformity.

This document revises the list of vehicles not originally manufactured to conform to the Federal Motor Vehicle Safety Standards (FMVSS) that NHTSA has decided to be eligible for importation. This list is published in an appendix to the agency's regulations that prescribe procedures for import eligibility decisions. The list has been revised to add all vehicles that NHTSA has decided to be eligible for importation since October 1, 2013, and to remove all previously listed vehicles that are now more than 25 years old and need no longer comply with all applicable FMVSS to be lawfully imported. NHTSA is required by statute to publish this list annually in the Federal Register.

This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.

On April 11, 2014 (79 FR 20316), the Occupational Safety and Health Administration published a final rule: Revising the general industry standards for electric power generation, transmission, and distribution work and for electrical protective equipment; revising the construction standard for electric power transmission and distribution work; and adopting a new construction standard for electrical protective equipment. The final rule updated those standards and made the general industry and construction standards consistent. This document corrects errors in the preamble and regulatory text of the final rule.

NASA is updating the NASA FAR Supplement (NFS) with the goal of eliminating unnecessary regulation, streamlining overly-burdensome regulation, clarifying language, and simplifying processes where possible. This proposed rule is the second in a series and includes updates and revisions to 14 parts of the NFS. On January 18, 2011, President Obama signed Executive Order (E.O.) 13563, Improving Regulations and Regulatory Review, directing agencies to develop a plan for a retrospective analysis of existing regulations. The revisions to this proposed rule are part of NASA's retrospective plan under E.O. 13563 completed in August 2011.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 787-8 airplanes. This proposed AD was prompted by reports of missing bonded plugs found prior to airplane delivery, during manufacturing inspections, at various locations in certain stringers of the forward electrical equipment (EE) bay of the lower lobe cargo compartments. This proposed AD would require drilling a hole and installing and bonding plugs in certain stringers of the forward EE bay of the lower lobe cargo compartments. We are proposing this AD to detect and correct missing or misaligned bonded plugs which, in the event of a fire, could cause an increased rate of loss of Halon in the lower cargo compartments, and result in the inability to extinguish a fire and consequent loss of control of the airplane.

NMFS announces that the 2014 summer flounder commercial quota allocated to the Commonwealth of Massachusetts has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2014, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing summer flounder in Massachusetts.

The Coast Guard is implementing an operating schedule that governs the Valero pontoon-supported swing bridge across Taylor Bayou Outfall Canal (Joint Outfall Canal (JOC)), mile 2.44, West Port Arthur, Jefferson County, Texas. This bridge provides for Valero's maintenance vehicles to cross the waterway. The regulation will allow the bridge to remain in the open-to-navigation position except during two scheduled daily closures. This regulation increases the efficiency of operations allowing for the safe navigation of vessels through the bridge while recognizing the bridge's importance to the facility that it serves.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the October 24, 2013, proposal to designate critical habitat for the Dakota skipper (Hesperia dacotae) and Poweshiek skipperling (Oarisma poweshiek) and proposed 4(d) rule for the Dakota skipper under the Endangered Species Act of 1973, as amended (Act). We are also revising our proposed critical habitat rule to add two proposed critical habitat units for the Poweshiek skipperling in Minnesota, remove two proposed units (one for the Dakota skipper in Minnesota and one for the Poweshiek skipperling in North Dakota), and revise the boundaries of seven Poweshiek skipperling units and five Dakota skipper units in Minnesota. These changes are proposed based on new or updated biological and ecological information for those areas. We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the Dakota skipper and Poweshiek skipperling and an amended required determinations section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed 4(d) rule, the proposed critical habitat rule (including the changes described in this document), the associated DEA, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

Through this action NMFS is prohibiting directed fishing for Pacific sardine off the coasts of Washington, Oregon and California. This action is necessary because the adjusted non-tribal directed harvest allocation of approximately 7,274 metric tons (mt) for the second harvest allocation period from September 15, 2014, through December 31, 2014, has been projected to have been reached. The allocation for the second period increased from the initial assigned allocation primarily as a result of the release to the non-treaty sector of 2,500 mt by the Quinault Indian Nation and the coastal treaty tribes from overall the treaty set-aside of 4,000 mt. From the effective date of this rule until December 31, 2014, Pacific sardine may be harvested only as part of either the live bait or tribal fishery or incidental to other fisheries; the incidental harvest of Pacific sardine is limited to 45-percent by weight of all fish per trip. Fishing vessels must cease fishing (be at shore and in the process of offloading) at or before the effective date of this closure.

The Fish and Wildlife Service (Service or we) prescribes final late-season frameworks from which States may select season dates, limits, and other options for the 2014-15 migratory bird hunting seasons. These late seasons include most waterfowl seasons, the earliest of which commences on September 27, 2014. The effect of this final rule is to facilitate the States' selection of hunting seasons and to further the annual establishment of the late-season migratory bird hunting regulations.

This final rule implements statutory restrictions on contractors acting as lead system integrators in the acquisition of DHS major systems, if they have direct financial interests in the development or construction of the system.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Arizona State Implementation Plan (SIP). These revisions include two State statutes and certain State rules that govern stationary sources under the jurisdiction of the Arizona Department of Environmental Quality and that establish definitions and other general provisions; ambient air quality standards and area designations; and emissions limitations and other requirements for certain type of stationary sources. Generally, approval of these revisions updates and replaces previously approved provisions in the Arizona SIP, but EPA is also approving a few rules that are new to the Arizona SIP and a few rescissions that remove certain other rules from the Arizona SIP without replacement. The EPA is approving these revisions because they meet all applicable requirements of the Clean Air Act (CAA or the Act).

This document contains final regulations on the application of the $500,000 deduction limitation for remuneration provided by certain health insurance providers under section 162(m)(6) of the Internal Revenue Code (Code). These regulations affect certain health insurance providers providing remuneration that exceeds the deduction limitation.

Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), propose to remove the Delmarva Peninsula fox squirrel (Sciurus niger cinereus), more commonly called the Delmarva fox squirrel (DFS), from the Federal List of Endangered and Threatened Wildlife due to recovery. This proposed action is based on a thorough review of all available information, which indicates that the subspecies is now sufficiently abundant and distributed to withstand current and foreseeable threats to its long-term viability and thus no longer meets the definition of a threatened species or an endangered species under the Act. We are also providing notification that a draft post-delisting monitoring (PDM) plan is available for public review. We are seeking information and comments from the public on this proposed rule and the PDM plan.