November 12, 2014 – Federal Register Recent Federal Regulation Documents

Allocation of Basis in All Cash D Reorganizations
Document Number: 2014-26780
Type: Rule
Date: 2014-11-12
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations regarding the determination of the basis of stock or securities in certain reorganizations where no stock or securities of the issuing corporation is issued and distributed in the transaction. These final regulations clarify that only a shareholder that owns actual shares in the issuing corporation in such a reorganization can designate the actual share of stock of the issuing corporation to which the basis, if any, of the stock or securities surrendered will attach. These regulations affect corporations engaging in such transactions and their shareholders.
Safety Zone; Natchez Specialties New Year's Eve Firework Display, Lower Mississippi River, Mile Marker, (MM) 363.5 to 364.5
Document Number: 2014-26753
Type: Rule
Date: 2014-11-12
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary Safety Zone for all waters of the Lower Mississippi River, from MM 363.5 to MM 364.5. This safety zone is needed to protect persons and vessels from the potential safety hazards associated with a fireworks display. Entry into this zone is prohibited to all vessels, mariners, and persons unless specifically authorized by the Captain of the Port (COTP), Lower Mississippi River or a designated representative.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Gulf of Maine Haddock Annual Catch Limit Revision
Document Number: 2014-26748
Type: Rule
Date: 2014-11-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This action implements new stock status determination criteria for Gulf of Maine (GOM) haddock and increases the associated GOM haddock catch limits for the remainder of fishing year 2014 based on the most recent and best available scientific information. This action is intended to provide additional commercial fishing opportunities for GOM haddock and other healthy groundfish stocks.
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Biennial Specifications and Management Measures; Inseason Adjustments
Document Number: 2014-26744
Type: Rule
Date: 2014-11-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final rule announces inseason changes to management measures in the Pacific Coast groundfish fisheries. This action, which is authorized by the Pacific Coast Groundfish Fishery Management Plan (PCGFMP), is intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea and Aleutian Islands Management Area
Document Number: 2014-26743
Type: Rule
Date: 2014-11-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific ocean perch in the Eastern Aleutian district (EAI) of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the 2014 total allowable catch (TAC) of Pacific ocean perch in the EAI allocated to vessels participating in the BSAI trawl limited access fishery.
Approval of Implementation Plans and Designation of Areas: Alabama; Redesignation of the Alabama Portion of the Chattanooga, 1997 PM2.5
Document Number: 2014-26736
Type: Proposed Rule
Date: 2014-11-12
Agency: Environmental Protection Agency
On April 23, 2013, the Alabama Department of Environmental Management (ADEM), submitted a request to redesignate the Alabama portion of the Chattanooga, TN-GA fine particulate matter (PM2.5) nonattainment area (hereafter referred to as the ``Chattanooga TN-GA Area'' or ``Area'') to attainment for the 1997 Annual PM2.5 National Ambient Air Quality Standards (NAAQS) and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the Alabama portion of the Chattanooga TN-GA Area. The Alabama portion of the Chattanooga TN-GA Area is comprised of a portion of Jackson County in Alabama. The Environmental Protection Agency (EPA) is proposing to approve the redesignation request and the related SIP revision, including the plan for maintaining attainment of the PM2.5 standard, for the Alabama portion of the Chattanooga TN-GA Area. EPA is also proposing to approve the on-road motor vehicle insignificance determination for direct PM2.5 and nitrogen oxides (NOX) for the Alabama portion of the Chattanooga TN-GA Area. On September 14, 2012, Georgia submitted a request to redesignate the Georgia portion of the Chattanooga TN-GA Area, and EPA is expecting Tennessee to submit a request to redesignate the Tennessee portion of the Chattanooga TN-GA Area. EPA will be taking separate action on the requests from Georgia and Tennessee.
Approval of Implementation Plans and Designation of Areas; Georgia; Redesignation of the Georgia Portion of the Chattanooga, 1997 PM2.5
Document Number: 2014-26735
Type: Proposed Rule
Date: 2014-11-12
Agency: Environmental Protection Agency
On September 14, 2012, the Georgia Department of Natural Resources, through the Georgia Environmental Protection Division (GA EPD), submitted a request to redesignate the Georgia portion of the Chattanooga, TN-GA fine particulate matter (PM2.5) nonattainment area (hereafter referred to as the ``Chattanooga TN-GA Area'' or ``Area'') to attainment for the 1997 Annual PM2.5 national ambient air quality standards (NAAQS) and to approve a state implementation plan (SIP) revision containing a maintenance plan for the Georgia portion of the Chattanooga TN-GA Area. The Georgia portion of the Chattanooga TN-GA Area is comprised of two counties: Catoosa and Walker Counties in Georgia. The Environmental Protection Agency (EPA) is proposing to approve the redesignation request and the related SIP revision, including GA EPD's plan for maintaining attainment of the PM2.5 standard, for the Georgia portion of the Chattanooga TN-GA Area. EPA is also proposing to approve into the Georgia SIP the motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and PM2.5 for the year 2025 for the Georgia portion of the Chattanooga TN-GA Area. On April 23, 2013, Alabama submitted a request to redesignate the Alabama portion of the Chattanooga TN-GA Area, and EPA is expecting Tennessee to submit a request to redesignate the Tennessee portion of the Chattanooga TN-GA Area. EPA will be taking separate action on the requests from Georgia and Tennessee.
Orthopedic Devices; Reclassification of Thoracolumbosacral Rigid Pedicle Screw Systems; Classification and Effective Date of Requirement for Premarket Approval for Dynamic Stabilization Systems
Document Number: 2014-26726
Type: Proposed Rule
Date: 2014-11-12
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is proposing in this administrative order to reclassify rigid pedicle screw systems, a preamendments class III device, into class II (special controls); require the filing of a premarket approval application (PMA) or a notice of completion of a product development protocol (PDP) for the dynamic stabilization systems, currently a subtype of pedicle screws, regardless of the indication for use; and clarify the device identification of pedicle screw spinal systems, to more clearly delineate between rigid pedicle screw systems and dynamic stabilization systems. FDA is proposing this action based on new information pertaining to the device type. This proposed action implements certain statutory requirements.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Western Distinct Population Segment of the Yellow-Billed Cuckoo (Coccyzus americanus)
Document Number: 2014-26685
Type: Proposed Rule
Date: 2014-11-12
Agency: Fish and Wildlife Service, Department of the Interior
On August 15, 2014, we, the U.S. Fish and Wildlife Service (Service), announced a proposal to designate critical habitat for the western distinct population segment of the yellow-billed cuckoo under the Endangered Species Act of 1973, as amended (Act). We now announce a reopening of the comment period for our August 15, 2014, proposed rule to allow for us to accept and consider additional public comments on the proposed rule.
Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Modification of Container Requirements
Document Number: 2014-26679
Type: Rule
Date: 2014-11-12
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that modified the container requirements prescribed under the Idaho-Eastern Oregon potato marketing order. The interim rule removed the requirement that fiberboard cartons used to pack 50-pound quantities of U.S. No. 2 grade potatoes be of one-piece construction. This change is in response to market demands and provides handlers flexibility in shipping U.S. No. 2 grade potatoes. In addition, this rule corrected a citation reference in the handling regulations.
Processed Raspberry Promotion, Research, and Information Order; Late Payment and Interest Charges on Past Due Assessments
Document Number: 2014-26677
Type: Proposed Rule
Date: 2014-11-12
Agency: Agricultural Marketing Service, Department of Agriculture
This proposal invites comments on prescribing late payment and interest charges on past due assessments under the Processed Raspberry Promotion, Research, and Information Order (Order). The Order is administered by the National Processed Raspberry Council (Council) with oversight by the U.S. Department of Agriculture (USDA). Under the Order, assessments are collected from domestic producers and importers and used for research and promotion projects designed to maintain and expand the market for processed raspberries. This proposal would implement authority contained in the Order that allows the Council to collect late payment and interest charges on past due assessments. Three additional changes are proposed to reflect current practices and update the Order and regulations. This action would contribute to effective administration of the program.
Safety Zone, Elizabeth River; Portsmouth, VA
Document Number: 2014-26670
Type: Rule
Date: 2014-11-12
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a safety zone on the navigable waters of the Elizabeth River in Portsmouth, VA for 12 periods of 48 hours beginning at midnight on January 5, January 12, January 19, January 22, January 27, February 9, March 2, March 5, March 10, March 23, March 30 and April 6, 2015. This action will restrict vessel traffic movement in the designated area during construction of the new Midtown Tunnel. This action is necessary to protect the life and property of the maritime public due to the number of work vessels in the designated area and their lack of maneuverability while engaged in construction operations.
Clarifications and Corrections to the Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
Document Number: 2014-26664
Type: Rule
Date: 2014-11-12
Agency: Department of Commerce, Bureau of Industry and Security
This final rule makes clarifications and corrections to an interim final rule that was published on May 13, 2014. The May 13 rule added controls to the Export Administration Regulations (EAR) for spacecraft and related items that the President has determined no longer warrant control under United States Munitions List (USML) Category XVspacecraft and related items. New Export Control Classification Numbers (ECCNs) 9A515, 9B515, 9D515, and 9E515 created by the May 13 rule and existing ECCNs on the Commerce Control List (CCL) will control such items. The May 13 rule also revised various sections of the EAR to provide the proper level of control for the new ECCNs. The vast majority of the changes included in the May 13 rule have been implemented as published in the interim final rule, so those change are not republished in this final rule. A full description of those changes can be found in the Background section and the regulatory text of the May 13 rule. The changes included in this final rule are limited to corrections and clarifications to what was included in the interim final rule. These corrections and clarifications were also informed by comments received in response to the May 13 rule that included a request for comments.
Avocados Grown in South Florida and Imported Avocados; Clarification of the Avocado Grade Requirements
Document Number: 2014-26663
Type: Rule
Date: 2014-11-12
Agency: Agricultural Marketing Service, Department of Agriculture
This rule changes the minimum grade requirements currently prescribed under the Florida avocado marketing order (order) and makes a technical correction to the avocado import regulation. The order regulates the handling of avocados grown in South Florida, and is administered locally by the Avocado Administrative Committee (Committee). For South Florida-grown avocados, this rule aligns the regulations with current industry practices. It removes language permitting the commingling of avocados with dissimilar characteristics in containers for shipment within the production area. All avocado shipments within the production area need to meet the provisions of a U.S. No. 2 grade, as provided in the United States Standards for Grades of Florida Avocados. For imported avocados, this rule also makes a technical correction to the avocado import regulation to clarify that the minimum grade requirements for imported avocados remains unchanged at a U.S. No. 2.
Periodic Reporting
Document Number: 2014-26662
Type: Proposed Rule
Date: 2014-11-12
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is noticing a recent Postal Service filing concerning a Proposed Rulemaking on Analytical Principles Used in Periodic Reporting (Proposal Ten). This notice informs the public of the filing, invites public comment, and takes other administrative steps.
Wyoming Regulatory Program
Document Number: 2014-26660
Type: Proposed Rule
Date: 2014-11-12
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We are announcing receipt of a proposed amendment to the Wyoming regulatory program (hereinafter, the ``Wyoming program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Wyoming proposes both revisions of and additions to its coal rules and regulations concerning valid existing rights and ownership and control, and revises a provision concerning periodic monitoring of blasting. Wyoming intends to revise its program to be consistent with the corresponding Federal regulations and SMCRA, clarify ambiguities, and improve operational efficiency. This document gives the times and locations that the Wyoming program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Mississippi Abandoned Mine Land Plan
Document Number: 2014-26656
Type: Proposed Rule
Date: 2014-11-12
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Mississippi Abandoned Mine Land Reclamation (AMLR) Plan (hereinafter, the Mississippi Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Mississippi has requested concurrence from the Secretary of the Department of the Interior with its certification of completion of all coal-related reclamation objectives. If the Secretary concurs with the certification, Mississippi intends to request AMLR funds to pursue projects in accordance with section 411 of SMCRA. This document gives the times and locations that the Mississippi Plan and this proposed amendment to that plan are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Mango Promotion, Research, and Information Order; Section 610 Review
Document Number: 2014-26654
Type: Rule
Date: 2014-11-12
Agency: Agricultural Marketing Service, Department of Agriculture
This document summarizes the results of an Agricultural Marketing Service (AMS) review of the Mango Promotion, Research, and Information Order (Order) under criteria contained in section 610 of the Regulatory Flexibility Act (RFA). Based upon its review, AMS concluded that there is a continued need for the Order.
Disposition of Life Limited Aircraft Parts; Technical Amendment
Document Number: 2014-26626
Type: Rule
Date: 2014-11-12
Agency: Federal Aviation Administration, Department of Transportation
The FAA is correcting a final rule published in the Federal Register on January 15, 2002 (67 FR 2110). In that rule, the FAA amended its regulations to require that all persons who remove any life-limited aircraft part safely control that part, to deter the installation of that part after it has reached its life limit. The rule reduced the risk of life-limited parts being used beyond their life limits. The rule also required that type certificate and design approval holders of life-limited parts provide instructions on how to mark a part indicating its current status, when requested by persons removing such a part. This document corrects error in the codified text of that document.
Approval and Promulgation of Air Quality Implementation Plans; Texas; Reasonable Further Progress Plan, Enhanced Monitoring, Clean Fuel Fleets and Failure-to-Attain Contingency Measures for the Dallas/Fort Worth 1997 8-Hour Ozone Nonattainment Area; and Transportation Conformity
Document Number: 2014-26625
Type: Rule
Date: 2014-11-12
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving revisions to the Texas State Implementation Plan (SIP) submitted by the Texas Commission on Environmental Quality (TCEQ) on January 17, 2012, which contain a reasonable further progress (RFP) plan and associated contingency measures and motor vehicle emission budgets; a revised 2002 base year emissions inventory for the RFP; enhanced ambient monitoring; and the clean-fuel fleet programs for the Dallas/Fort Worth (DFW) Serious nonattainment area under the 1997 8-hour ozone standard. The EPA is also approving revisions to the DFW Moderate area attainment demonstration SIP submitted by the TCEQ on April 6, 2010, which address the failure-to-attain contingency measures. The EPA is also approving revisions submitted by the TCEQ on July 25, 2007, March 25, 2010 and April 13, 2012, which address the Texas transportation conformity rules and the Texas Diesel Emissions Reduction Incentive Program for On-Road and Non-Road Vehicles. The EPA is approving these SIP revisions in accordance with the requirements of the Clean Air Act (CAA or Act).
Periodic Reporting
Document Number: 2014-26538
Type: Proposed Rule
Date: 2014-11-12
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is noticing a recent Postal Service filing concerning the initiation of a proceeding to considered changes to analytical principles relating to periodic reports (Proposal Nine). This document informs the public of the filing, invites public comment, and takes other administrative steps.
Airworthiness Directives; the Boeing Company Airplanes
Document Number: 2014-26536
Type: Rule
Date: 2014-11-12
Agency: Federal Aviation Administration, Department of Transportation
We are superseding Airworthiness Directive (AD) 2012-13-08 for certain the Boeing Company Model 747-100, 747-100B, 747-200B, 747-200C, 747-200F, 747-400F, 747SR, and 747SP series airplanes, without a stretched upper deck or stretched upper deck modification. AD 2012-13- 08 required inspections of tension ties and surrounding structure for cracking, and related investigative and corrective actions if necessary; modification of tension tie structure or tension tie and frame structure at specified stations; and post-modification inspections of some modified and unmodified areas, and repair if necessary. This new AD adds inspections in unmodified center section tension ties, and repair if necessary; post-modification inspections of modified and unmodified areas, and repair if necessary; a new modification of tension tie and frame structures; and inspections of tension ties and surrounding structure, and related investigative and corrective actions if necessary. This new AD reduces an inspection interval. This AD was prompted by widespread fatigue damage analysis that resulted in a determination that more inspections are necessary. We are issuing this AD to prevent tension ties from becoming severed or disconnected from the frames, which could lead to reduced structural integrity and sudden decompression of the airplane in flight.
Implementing the Program Fraud Civil Remedies Act
Document Number: 2014-26507
Type: Rule
Date: 2014-11-12
Agency: National Endowment for the Arts, National Foundation for the Arts and Humanities
The National Endowment for the Arts (NEA) implements 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 regulations authorizes 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.
Airworthiness Directives; the Boeing Company Airplanes
Document Number: 2014-26440
Type: Rule
Date: 2014-11-12
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all the Boeing Company Model 767 airplanes. This AD was prompted by a report of a rotary actuator for the trailing edge (TE) flap that had slipped relative to its mating reaction ring, which is attached to the flap support rib. This AD requires repetitive inspections for corrosion of the fixed ring gear and reaction ring splines of the rotary actuator assembly for each support position, and related investigative and corrective actions if necessary. We are issuing this AD to detect and correct flap rotary actuator gear disengagement from its mating reaction ring. This disengagement with flaps extended could cause an uncommanded roll due to flap blowback, overload, or flap departure from the airplane, which could compromise safe flight and landing of the airplane.
Airworthiness Directives; Airbus Airplanes
Document Number: 2014-26436
Type: Rule
Date: 2014-11-12
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Airbus Model A318, A319, A320, and A321 series airplanes. This AD was prompted by a determination that more restrictive airworthiness limitations are necessary. This AD requires revising the maintenance or inspection program as applicable. We are issuing 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.
Airworthiness Directives; the Boeing Company Airplanes
Document Number: 2014-26434
Type: Rule
Date: 2014-11-12
Agency: Federal Aviation Administration, Department of Transportation
We are superseding Airworthiness Directive (AD) 2005-07-12, which applies to certain the Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. AD 2005-07-12 required detailed and eddy current inspections to detect cracking of the frame web around the cutout for the doorstop intercostal strap at the aft side of the station (STA) 291.5 frame at stringer 16R, and corrective action if necessary. Since we issued AD 2005-07-12, we received reports of new findings of cracking at various locations of the STA 277 to STA 291.5 frames and intercostals, including webs, chords, clips, and shear ties, between stringers 7R and 17R. This new AD requires inspections for cracking at the forward galley door cutout, and corrective actions if necessary. This new AD also reduces a certain inspection threshold required by AD 2005-07-12. We are issuing this AD to detect and correct fatigue cracking of the aft frame and frame support structure of the forward galley door, which could result in a severed fuselage frame web, rapid decompression of the airplane, and possible loss of the forward galley door.
National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Arkansas
Document Number: 2014-25948
Type: Rule
Date: 2014-11-12
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving, through a ``direct final'' procedure, the straight delegation of authority and approval of the mechanism used for the implementation and enforcement of certain unchanged Federal section 112 rules to the Arkansas Department of Environmental Quality (ADEQ), pursuant to section 112(l) of the Clean Air Act (Act or CAA). A more detailed description of the procedures used to implement the delegation is set forth in a memorandum of agreement (MOA) between ADEQ and EPA, dated September 17, 2014, a copy of which may be found in the docket for this rulemaking, as discussed below. The delegation only encompasses sources subject to one or more Federal section 112 standards (Part 63 standards specifically) which are also subject to the requirements of the Title V operating permits program. The delegation of authority under this action does not include authorities contained in CAA section 112(r).
National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Arkansas
Document Number: 2014-25947
Type: Proposed Rule
Date: 2014-11-12
Agency: Environmental Protection Agency
The EPA is proposing to approve, through a ``direct final'' procedure, a request for delegation of the Federal air toxics program contained within 40 CFR Parts 63 pursuant to Section 112(l) of the Clean Air Act (Act). The State's mechanism of delegation involves the straight delegation of certain existing and future Section 112 standards unchanged from the Federal standards. The actual delegation of authority of individual standards, except standards addressed specifically in this action, will occur through a mechanism set forth in a memorandum of agreement (MOA) between the Arkansas Department of Environmental Quality (ADEQ) and EPA. ADEQ is requesting delegation and approval to implement and enforce the existing Part 63 standards as they apply to Part 70 sources, including major and area sources subject to the Title V (Part 70) permitting requirements. The delegation of authority under this action does not include CAA Section 112(r).
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