October 2014 – Federal Register Recent Federal Regulation Documents

The Coast Guard has issued a temporary deviation from the operating schedule that governs the I-64 (High Rise) Bridge across the AIWW, South Branch of the Elizabeth River, mile 7.1, at Chesapeake, VA. This deviation is necessary to facilitate maintenance work on the movable spans drive machinery. This temporary deviation allows the drawbridge to remain in the closed to navigation position.

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Mill River, in New Haven, CT for the English Station Emergency Environmental Response. This action is necessary to provide for the safety of life on navigable waters during the response. Entering into, transiting through, remaining, anchoring or mooring within this safety zone is prohibited unless authorized by the Captain of the Port (COTP) Sector Long Island Sound.

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to add SHINE Medical Technologies, Inc.'s (SHINE) proposed accelerator-driven subcritical operating assemblies to the NRC's definition of a ``utilization facility.'' In 2013, SHINE submitted a two-part construction permit application for a medical radioisotope production facility that SHINE proposes to build in Janesville, Wisconsin. The proposed accelerator-driven subcritical operating assemblies, to be housed in SHINE's irradiation facility, would be used to produce molybdenum-99, a radioisotope used in medical imaging and other radioisotopes used for medical purposes. This rule allows NRC staff to conduct an efficient and effective licensing review of the SHINE construction permit application and any subsequent operating license application.

The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove the State Implementation Plan (SIP) submittal from Washington demonstrating that the SIP meets the infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for fine particulate matter (PM2.5) on July 18, 1997, October 17, 2006, and December 14, 2012 (collectively the PM2.5 NAAQS). The CAA requires that each state, after a new or revised NAAQS is promulgated, review their SIP to ensure that it meets the infrastructure requirements necessary to implement the new or revised NAAQS. On September 22, 2014, Washington certified that the Washington SIP meets the infrastructure requirements of the CAA for the PM2.5 NAAQS, except for those requirements related to the Prevention of Significant Deterioration (PSD) permitting program currently operated under a Federal Implementation Plan (FIP), certain elements of the regional haze program currently operated under a FIP, and specific requirements related to interstate transport which will be addressed in a separate submittal. The EPA is proposing to find that Washington's SIP is adequate for purposes of the infrastructure SIP requirements of the CAA with the exceptions noted above. The EPA is proposing to find that the SIP deficiencies related to PSD permitting and regional haze, however, have been adequately addressed by the existing EPA FIPs and, therefore, no further action is required by Washington or the EPA for those elements. The EPA will address the remaining interstate transport requirements in a separate action.

NMFS implements an accountability measure (AM) for commercial king mackerel in the western zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary final rule. NMFS has determined that the commercial quota for king mackerel in the western zone of the Gulf EEZ will have been reached by October 17, 2014. Therefore, NMFS closes the western zone of the Gulf to commercial king mackerel fishing in the EEZ. This closure is necessary to protect the Gulf king mackerel resource.

The Gulf of Mexico (Gulf) and South Atlantic Fishery Management Councils (Councils) have submitted Amendment 20B to the Fishery Management Plan for the Coastal Migratory Pelagic Resources (CMP) in the exclusive economic zone (EEZ) of the Gulf of Mexico and Atlantic Region (FMP) (Amendment 20B) for review, approval, and implementation by NMFS. Amendment 20B includes actions to modify Gulf migratory group king mackerel trip limits and fishing years, allow transit through areas closed to king mackerel fishing, create zones and quotas for Atlantic migratory group king and Spanish mackerel, modify the framework procedures for the FMP, increase annual catch limits (ACLs) for cobia, and create an east coast zone and quotas for Gulf migratory group cobia.

The Commission is removing regulatory limits on the aggregate amounts that an individual may contribute to federal candidates and political committees in each two-year election cycle. The Commission is taking this action in light of the Supreme Court's recent decision in McCutcheon v. FEC, which held that the aggregate contribution limits are unconstitutional. The Commission is accepting comments on these revisions to its regulations.

The United States Office of Personnel Management (OPM) is issuing a final rule to modify eligibility for enrollment under the Federal Employees Health Benefits (FEHB) Program to certain temporary, seasonal, and intermittent employees who are identified as full-time employees. This final rule follows a notice of proposed rulemaking published July 29, 2014. This regulation will allow newly eligible Federal employees to enroll no later than January 2015.

The Environmental Protection Agency (EPA) is proposing to approve the Commonwealth of Pennsylvania's requests to redesignate to attainment the Harrisburg-Lebanon-Carlisle-York nonattainment areas (hereafter ``the Areas'') for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). This proposed approval is contingent upon the United States Court of Appeals for the District of Columbia (D.C. Circuit Court) granting EPA's motion to lift the stay of the Cross State Air Pollution Rule (CSAPR) that the D.C. Circuit Court issued on December 30, 2011. EPA is proposing to find that the attainment of the Areas is in part due to the emissions reductions resulting from the Clean Air Interstate Rule (CAIR) in Pennsylvania and in the states upwind of Pennsylvania. Thus, if the D.C. Circuit Court lifts the stay of CSAPR and grants EPA's motion to begin implementation of CSAPR on January 1, 2015, those emission reductions originally required under CAIR will be made permanent and enforceable through the implementation of CSAPR. In addition to the redesignation requests, EPA is also proposing to determine that the Areas continue to attain the 1997 annual and the 2006 24-hour PM2.5 NAAQS. Furthermore, EPA is proposing to approve as revisions to the Pennsylvania State Implementation Plan (SIP), the associated maintenance plans to show maintenance of the 1997 annual and 2006 24-hour PM2.5 NAAQS through 2025 for the Areas. The maintenance plans include the 2017 and 2025 PM2.5 and nitrogen oxides (NOX) mobile vehicle emissions budgets (MVEBs) for the Areas for the 1997 annual and the 2006 24-hour PM2.5 NAAQS which EPA is proposing to approve for transportation conformity purposes. EPA is also initiating the process to determine if these budgets are adequate for transportation conformity purposes. In addition, EPA is proposing to approve as revisions to the Pennsylvania SIP, the 2007 base year emissions inventory for the Areas for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA's proposed approvals of the maintenance plans and MVEBs for the Areas are also contingent upon the lifting of the CSAPR stay by the D.C. Circuit Court.

The Environmental Protection Agency (EPA) is finalizing approval of revisions to the Clark County Department of Air Quality (Clark or DEQ) portion of the Nevada State Implementation Plan (SIP). This action was proposed in the Federal Register on July 23, 2014, and concerns seven Clark County permitting related rules submitted by Nevada Division of Environmental Protection (NDEP). Final approval of these rules makes these rules federally enforceable and corrects program deficiencies identified in previous EPA rulemaking.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the California Air Resources Board Portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from consumer products. We are proposing to approve a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Illinois Environmental Protection Agency (IEPA) on January 17, 2014, concerning the state's gasoline vapor recovery requirements. The revision phases out the Stage II vapor recovery (Stage II) program requirements in the Illinois portion of the Chicago ozone nonattainment area (NAA) as a component of the Illinois ozone SIP. The SIP revision also includes amendments to the state's permitting regulations applicable to storage tanks and fuel dispensing, including repealing the Stage I vapor recovery (Stage I) registration provisions due to overlapping Federal notification requirements and state tracking systems for gasoline dispensing operations. Finally, the SIP revision includes other clarifying and clean-up amendments at 35 Ill. Adm. Code Parts 201, 218, and 219. The submittal also includes a demonstration under section 110(l) of the Clean Air Act (CAA) that shows there are no emissions impacts associated with the removal of the program.

The U.S. Department of Energy (DOE) proposes to reinterpret the statutory definition of a ceiling fan to include hugger ceiling fans and to amend its test procedure for ceiling fans established under the Energy Policy and Conservation Act. The proposed test procedure would establish an integrated efficiency metric for ceiling fans, based on the airflow and power consumption at low and high speed for low- volume ceiling fans, and at high speed for high-volume ceiling fans (where volume refers to airflow volume). The proposed efficiency metric would also account for power consumed in standby mode. The proposed test procedure amendments also include new test methods for high-volume ceiling fans, multi-mount ceiling fans, ceiling fans with multiple fan heads, and ceiling fans where the airflow is not directed vertically, as well as power consumption in standby mode. In addition, the proposed test procedure would: Clarify that only high and low speeds are to be tested for low-volume ceiling fans; eliminate the requirement to test with a test cylinder; add a false ceiling; clarify the distance between the ceiling fan blades and the air velocity sensors during testing; clarify the fan configuration during testing for low-volume ceiling fans; clarify the test method for ceiling fans with heaters; and revise the allowable tolerance for air velocity sensors. DOE is also announcing a public meeting to discuss and receive comments on issues presented in this test procedure rulemaking.

The Farm Credit Administration (FCA, we or our) proposes to amend its existing rules related to Farm Credit System (Farm Credit or System) bank and association stockholder voting policies and procedures so as to continue to address confidentiality and security in voting. This rulemaking would amend FCA's regulations to clarify and enhance voting procedures for tabulating votes, the use of tellers committees, and other items as identified.

NMFS is opening directed fishing for Pacific ocean perch, northern rockfish, and dusky rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the total allowable catch of Pacific ocean perch, northern rockfish, and dusky rockfish in the Western Regulatory Area of the GOA.

NMFS is opening directed fishing for Pacific ocean perch in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area. This action is necessary to fully use the 2014 total allowable catch of Pacific ocean perch specified for the Bering Sea subarea of the Bering Sea and Aleutian Islands management area.

This action proposes to establish Class E airspace at the Rogue Valley VHF Omni-Directional Radio Range Tactical Air Navigation Aid (VORTAC), Rogue Valley, OR, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Seattle and Oakland Air Route Traffic Control Centers (ARTCCs). The FAA is proposing this action to enhance the safety and management of aircraft operations within the National Airspace System.

The Food and Drug Administration (FDA or we) is announcing that we have filed a petition, submitted by DSM Nutritional Products, proposing that the food additive regulations be amended to provide for the safe use of Schizochytrium sp. dried algae as a source of docosahexaenoic acid for use in standard pelleted foods for adult dogs.

We propose to adopt a new airworthiness directive (AD) for certain Kidde Graviner hand-operated fire extinguishers as installed on, but not limited to, various transport and small airplanes. This proposed AD was prompted by a report that a fire extinguisher failed to operate when the activation lever was pressed. This proposed AD would require modifying the affected fire extinguishers. We are proposing this AD to prevent fire extinguishers from failing to operate in the event of a fire, which could jeopardize occupants' safety and continuation of safe flight and landing.

This final rule is the second mandatory inflation-based adjustment to the maximum civil penalty authorized for violations of the Commercial Space Launch Act of 1984, as amended. This adjustment is done to bring the authorized penalty for violations into compliance with the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996.

The Department of the Treasury, Bureau of the Fiscal Service (Treasury) administers the Federal corporate surety program. Treasury issues certificates of authority to qualified sureties to underwrite and reinsure Federal bond obligations. Bonds underwritten by Treasury- certified sureties satisfy bonding requirements, provided such bonds are accepted by the agency bond-approving official. Treasury is amending its regulation to expressly provide that an agency may decline to accept a bond underwritten by a Treasury-certified surety for cause, provided the agency satisfies the requirements specified in the final rule. Treasury is also revising the procedures it uses to adjudicate any complaint received from an agency requesting that a surety's certificate of authority be revoked.

The Commission is issuing a set of final rules that enhance the formal complaint process in cases involving alleged violations of a law that prohibits the Postal Service from taking certain actions that might provide it with unfair competitive advantages. The rules implement the statutory prohibitions on unfair competition. Relative to the proposed rules, some of the changes are substantive and others are minor and non-substantive. Proposed rules of a procedural nature were either removed or modified.

The Environmental Protection Agency (EPA) is taking final action to approve elements of a state implementation plan (SIP) submission from Ohio regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2008 ozone National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. The proposed rulemaking associated with today's final action was published on July 25, 2014, and EPA received one comment pertaining to infrastructure for the 2008 ozone NAAQS during the comment period, which ended on August 25, 2014. The 2008 lead (Pb), and 2010 Nitrogen Dioxide (NO2), and 2010 Sulfur Dioxide (SO2) infrastructure SIPs were also addressed in the proposed rulemaking but will be addressed in a separate final rulemaking.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Commonwealth of Pennsylvania State Implementation Plan (SIP). The SIP revision addresses the State Boards' requirements for all criteria pollutants of the National Ambient Air Quality Standards (NAAQS). EPA is also approving a related infrastructure element from Pennsylvania's September 24, 2012 SIP submittal for the 2008 Lead NAAQS. EPA is approving this SIP revision in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Maryland pursuant to the Clean Air Act (CAA). Whenever new or revised National Ambient Air Quality Standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance and enforcement of such NAAQS. The plan is required to address the basic program elements including, but not limited to regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. The State of Maryland has made a submittal addressing the infrastructure requirements for the 2008 ozone NAAQS.