November 2014 – Federal Register Recent Federal Regulation Documents

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, 2-methyl-, phenylmethyl ester, polymer with 2-propenoic acid, peroxydisulfuric acid ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated, compounds with diethanolamine, with a minimum number average molecular weight of 2,000 amu; when used as an inert ingredient in a pesticide formulation. Akzo Nobel Surface Chemistry, LLC 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 2- propenoic acid, 2-methyl-, phenylmethyl ester, polymer with 2-propenoic acid, peroxydisulfuric acid ([(HO)S(O)2]2O2) sodium salt (1:2)- initiated, compounds with diethanolamine on food or feed commodities.

This document announces the Agency's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the July 9, 2014, proposed rule titled ``Standards of Performance for Grain Elevators'' is being extended an additional 45 days.

The Office of Personnel Management (OPM) is adopting its proposed rule to revise the table of reduction factors for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities, and to revise the annuity factor for spouses of deceased employees who die in service when those spouses elect to receive the basic employee death benefit in 36 installments under the Federal Employees' Retirement System (FERS) Act of 1986. These rules are necessary to ensure that the tables conform to the economic and demographic assumptions adopted by the Board of Actuaries and published in the Federal Register on May 21, 2014, as required by 5 U.S.C. 8461(i).

In response to the Venezuelan military's violent repression of the Venezuelan people, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) in this final rule to impose license requirements on the export, reexport, or transfer (in- country) of certain items to or within Venezuela when intended for a military end use or end user. This change complements an existing U.S. arms embargo against Venezuela for its failure to cooperate in areas of counterterrorism.

In this document, we are revising our regulations on incorporation by reference to require that agencies seeking the Director of the Federal Register's approval of their incorporation by reference requests add more information regarding materials incorporated by reference to the preambles of their rulemaking documents. Specifically, agencies must set out, in the preambles of their proposed and final rules, a discussion of the actions they took to ensure the materials are reasonably available to interested parties and that they summarize the contents of the materials they wish to incorporate by reference.

This regulation establishes tolerances for residues of deltamethrin in or on finfish. Center for Regulatory Services, Inc., on behalf of PHARMAQ AS, requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

NMFS transfers quota to the 2014 butterfish domestic annual harvest allocation from the butterfish mortality cap on the longfin squid fishery in order to prevent an overage of the directed butterfish fishery. This action complies with the 2014 specifications and management measures for the Atlantic Mackerel, Squid and Butterfish Fishery Management Plan.

This action adopts an amendment to the FAA Policy and Procedures Concerning the Use of Airport Revenue published in the Federal Register at 64 FR 7696 on February 16, 1999 (``Revenue Use Policy''). This action confirms FAA's long-standing policy on Federal requirements for the use of proceeds from taxes on aviation fuel. Under Federal law, airport operators that have accepted Federal assistance generally may use airport revenues only for airport-related purposes. Local taxes on aviation fuel are subject to airport revenue use requirements. State taxes on aviation fuel (imposed by either an airport sponsor or a non-sponsor) are subject to use either for a State aviation program or for airport- related purposes. The statutory revenue use requirements apply to certain State and local government taxes on aviation fuel, as well as to revenues received directly by an airport operator. This document formally adopts, through an amendment to the Revenue Use Policy, FAA's interpretation of the Federal requirements for use of revenue derived from taxes on aviation fuel.

The Mine Safety and Health Administration (MSHA) will hold two public hearings on the Agency's proposed rule for Criteria and Procedures for Assessment of Civil Penalties.

FRA is establishing minimum training standards for all safety- related railroad employees, as required by the Rail Safety Improvement Act of 2008 (RSIA). The final rule requires each railroad or contractor that employs one or more safety-related railroad employee to develop and submit a training program to FRA for approval and to designate the minimum training qualifications for each occupational category of employee. The rule also requires most employers to conduct periodic oversight of their own employees and annual written reviews of their training programs to close performance gaps. The rule also contains specific training and qualification requirements for operators of roadway maintenance machines that can hoist, lower, and horizontally move a suspended load. Finally, the rule clarifies the existing training requirements for railroad and contractor employees that perform brake system inspections, tests, or maintenance.

The Environmental Protection Agency (EPA) is proposing amendments to the National Emission Standards for Hazardous Air Pollutants for the Phosphoric Acid Manufacturing and Phosphate Fertilizer Production source categories and to new source performance standards (NSPS) for several phosphate processing categories. The proposed amendments address the results of the residual risk and technology reviews (RTR) conducted as required under the Clean Air Act (CAA), as well as other actions deemed appropriate during the review of these standards. The proposed amendments include numeric emission limits for mercury and work practice standards for hydrogen fluoride (HF) from calciners; work practice standards for hazardous air pollutant (HAP) emissions from gypsum dewatering stacks and cooling ponds; emission standards requiring HF testing from various affected sources; clarifications to the applicability and monitoring requirements for both source categories to accommodate process equipment and technology changes; changes to remove the exemptions for startup, shutdown and malfunction; work practice standards for periods of startup and shutdown; and revised provisions to address recordkeeping and reporting requirements applicable to periods of startup, shutdown and malfunction. The proposed amendments will reduce mercury emissions, thereby reducing potential mercury exposure to children, including the unborn. Further, the EPA has conducted an 8- year review of the current NSPS for these source categories, and is proposing that no revisions to the numeric emission limits for these standards are appropriate.

The Food and Drug Administration (FDA) is announcing that The Iams Company has filed a petition proposing that the food additive regulations be amended to provide for the safe use of a Salmonella- specific bacteriophage preparation as a food additive as an antimicrobial processing aid to reduce Salmonella in the production of dry dog and cat pet food.

We are superseding Airworthiness Directive (AD) 2005-23-08 for certain Airbus Model A300 B4-605R and B4-622R airplanes; Model A300 F4- 605R airplanes; and Model A300 C4-605R Variant F airplanes. AD 2005-23- 08 required repetitive inspections to detect cracks of certain attachment holes, installation of new fasteners, follow-on inspections or repair if necessary, and modification of the angle fittings of fuselage frame FR47. This new AD adds new repetitive ultrasonic inspections for cracks of the center wing box lower panel; and repair if necessary. This new AD also removes certain airplanes from the applicability. This AD was prompted by reports of cracks found on the horizontal flange of the Frame 47 internal corner angle fitting while accomplishing the modification required by AD 2005-23-08. We are issuing this AD to detect and correct fatigue cracking of the forward fitting of fuselage frame FR47, which could result in reduced structural integrity of the frame.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model DC-9-10, DC-9-20, DC-9-30, DC-9-40, and DC-9- 50 series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the bulkhead dome tees, which connect the bulkhead web to the fuselage, are subject to widespread fatigue damage (WFD). This AD requires repetitive inspections of the improved ventral aft pressure bulkhead tees, and replacement if necessary. We are issuing this AD to detect and correct fatigue cracking of the bulkhead dome tees, which could result in reduced structural integrity and rapid decompression of the airplane.

NMFS proposes to amend the regulations implementing the Atlantic Large Whale Take Reduction Plan to modify the start date of the Massachusetts Restricted Area to begin on February 1, 2015, and to expand the Massachusetts Restricted Area by 912 square miles. In addition, this action also proposes to revise the Federal lobster regulations to be consistent with the revised start date of the Massachusetts Restricted Area. Recent Federal lobster regulations closed the Outer Cape Lobster Management Area to lobster trap fishing from January 15 through March 15, which is consistent with the lobster trap haul-out period in the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan for American Lobster. This proposed rule would adjust the Outer Cape Lobster Management Area closure dates to February 1 through March 31.

This proposed rule revises the scope of the Environmental Protection Agency's (EPA) Consolidated Rules of Practice governing the administrative assessment of civil penalties to encompass the assessment of civil penalties under the air pollution control provisions of the Act to Prevent Pollution from Ships. The EPA has not previously established adjudicatory procedures for the assessment of civil penalties under that statute. Establishment of such procedures will provide for the efficient and effective adjudication, including administrative appeals, of such proceedings consistent with statutory requirements. This proposed rule also revises the address for the Environmental Appeals Board to reflect its relocation to the William Jefferson Clinton East Building. In the ``Rules and Regulations'' section of this Federal Register, we are making this same amendment as a direct final rule. If we receive no adverse comment, the direct final rule will go into effect and we will not take further action on this proposed rule.

This action establishes Class E airspace and modifies Class D and E airspace at Charles M. Schulz-Sonoma County Airport, Santa Rosa, CA. This action, initiated by the FAAs biennial review of the airspace area, enhances the safety and management of instrument flight rules (IFR) operations at the airport. Class D and E airspace is amended to reflect the airport's name change. Also, a minor adjustment is made to the geographic coordinates of the airport.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to further implement the U.S.C. statute on inflation adjustment of acquisition-related dollar thresholds. This statute requires an adjustment every five years of acquisition-related thresholds for inflation using the Consumer Price Index for all urban consumers, except for the Construction Wage Rate Requirements statute (Davis-Bacon Act), Service Contract Labor Standards statute, and trade agreements thresholds. DoD is also proposing to use the same methodology to adjust some nonstatutory DFARS acquisition-related thresholds in 2015.

The Department of the Treasury (the ``Department'' or ``Treasury''), with the concurrence of the Office of Government Ethics (OGE), is amending the Supplemental Standards of Ethical Conduct for Employees of the Department of the Treasury (the ``Supplemental Standards''). The Supplemental Standards apply only to Department personnel and augment the Standards of Ethical Conduct for Employees of the Executive Branch (``OGE Standards''). This final rule amends the Supplemental Standards to account for current Department structure resulting from organizational changes that established new offices or bureaus within Treasury and transferred certain functions and/or bureaus from the Department. This final rule also amends the Supplemental Standards applicable to employees of the Office of the Comptroller of the Currency (OCC), which generally prohibit OCC employees from investing in or borrowing from OCC supervised institutions.

This document clarifies how the Commission intends to preserve the ``coverage area'' as well as the ``population served'' of eligible broadcasters in the repacking process associated with the broadcast television spectrum incentive auction. This action is taken in order to remove any uncertainty regarding the repacking approach the Commission adopted in the Incentive Auction R&O.

The Department of Veterans Affairs (VA) amends its medical regulations concerning its authority for eligible veterans to receive care from non-VA entities and providers. The Veterans Access, Choice, and Accountability Act of 2014 directs VA to establish a program to furnish hospital care and medical services through non-VA health care providers to veterans who either cannot be seen within the wait-time goals of the Veterans Health Administration or who qualify based on their place of residence (hereafter referred to as the Veterans Choice Program, or the ``Program''). The law also requires VA to publish an interim final rule establishing this program. This interim final rule defines the parameters of the Veterans Choice Program, and clarifies aspects affecting veterans and the non-VA providers who will furnish hospital care and medical services through the Veterans Choice Program.

These special conditions are issued for Airbus Model A350-900 series airplanes. These airplanes will have novel or unusual design features, associated with flight-envelope protection in icing and non- icing conditions, that use low-speed incidence protection and an alpha- floor function that automatically advances throttles whenever the airplane angle of attack reaches a predetermined value. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The U.S. Nuclear Regulatory Commission (NRC) is correcting the docket identification number and Regulation Identifier Number (RIN) for a Direct Final Rule published in the Federal Register (FR) on October 17, 2014, to amend the NRC's regulations to add SHINE Medical Technologies, Inc.'s accelerator-driven subcritical operating assemblies, as described in the application assigned docket number 50- 608, to the definition of utilization facility.

The U.S. Department of Energy (DOE) is initiating an effort to determine whether to amend the current energy conservation standards for residential central air conditioner and heat pump products. According to the Energy Policy and Conservation Act's 6-year review requirement (42 U.S.C. 6295(m)(1)), DOE must publish a notice of proposed rulemaking to propose new standards for residential central air conditioner and heat pump products or a notice of determination that the existing standards do not need to be amended by June 6, 2017. This RFI seeks to solicit information from the public to help DOE determine whether amended standards for residential central air conditioner and heat pump products would result in a significant amount of additional energy savings and whether those standards would be technologically feasible and economically justified.