November 2014 – Federal Register Recent Federal Regulation Documents

EPA issued a proposed rule in the Federal Register of October 1, 2014, concerning 15 related chemical substances commonly known as nonylphenols (NP) and nonylphenol ethoxylates (NPE). For 13 NPs and NPEs, EPA proposed to designate any use as a ``significant new use,'' and for 2 additional NPs, EPA proposed that any use other than use as an intermediate or use as an epoxy cure catalyst would constitute a ``significant new use.'' This document extends the comment period for 45 days, from December 1, 2014, to January 15, 2015. The comment period is being extended because EPA received comments contending that the proposed NP/NPE Significant New Use Rule (SNUR) contains many chemicals that need to be analyzed, there are many documents in the docket that need to be reviewed, the rule involves some companies correcting how they identify chemicals, and companies need more time to determine whether they use the chemicals for purposes other than what EPA has identified. Extending the comment period will allow companies to more accurately assess and communicate to EPA how the chemicals are being used.

On September 29, 2014, the U.S. Department of Energy (DOE) published a notice of public meeting and availability of the preliminary technical support document (TSD) for ceiling fans energy conservation standards in the Federal Register. This document announces an extension of the public comment period for submitting comments on the TSD or any other aspect of the rulemaking for ceiling fans. The comment period is extended to December 9, 2014.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 747-100B, 747-100B SUD, 747-200B, 747- 200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. This proposed AD was prompted by reports of corrosion found on the mating surfaces between certain skin and stringers at circumferential skin splices. This proposed AD would require general visual inspections of the fuselage skin at certain lower circumferential splices for the presence of existing external doublers, repetitive inspections of the fuselage skin, and related investigative and corrective actions if necessary. We are proposing this AD to detect and correct compromised fillet seals, which can result in corrosion and skin cracking and consequent loss of capability to support limit loads.

The FTC is proposing further amendments to the Used Motor Vehicle Trade Regulation Rule (``Rule'' or ``Used Car Rule'') that would require dealers to indicate on the Buyers Guide whether they obtained a vehicle history report, and, if so, to provide a copy of the report to consumers who request it; revise the Buyers Guide statement describing the meaning of an ``As Is'' sale in which a dealer offers a vehicle for sale without a warranty; and move boxes to the front of the Buyers Guide for dealers to indicate whether non-dealer warranties apply to a vehicle. Based on the FTC's review of the public comments, the Commission proposes these amendments to promote consumer access to vehicle history information, to clarify the meaning of ``As Is'' in the sale of used vehicles without warranties, and to make disclosures concerning non-dealer warranties more prominent. The FTC is not adopting any final amendments to the Used Car Rule at this time. It continues to consider comments submitted in response to its Notice of Proposed Rulemaking (``NPRM'') published in December 2012 and seeks additional comments in this SNPRM.

The U.S. Department of Agriculture (USDA) is publishing the final guidance on the Title VI prohibition against national origin discrimination as it affects limited English proficient persons. Consistent with Title VI of the Civil Rights Act of 1964, as amended, Title VI regulations, and Executive Order 13166, ``Improving Access to Services for Persons with Limited English Proficiency (LEP),'' the guidance clarifies the obligations of entities that receive Federal financial assistance from USDA. The guidance does not create new obligations, but, rather, provides guidance for USDA recipients in meeting their existing obligations to provide meaningful access for LEP persons.

The Coast Guard proposes to establish minimum design, operation, training, and manning standards for mobile offshore drilling units (MODUs) and other vessels using dynamic positioning systems to engage in Outer Continental Shelf activities. Establishing these minimum standards is necessary to improve the safety of people and property involved in such operations, and the protection of the environment in which they operate. This notice of proposed rulemaking would decrease the risk of a loss of position by a dynamically- positioned MODU or other vessel that could result in a fire, explosion, or subsea spill, and supports the Coast Guard's strategic goals of maritime safety and protection of natural resources.

The Department of Veterans Affairs (VA) is proposing to amend its regulation that sets forth the VA services that are not subject to copayment requirements for inpatient hospital care or outpatient medical care. Specifically, the regulation would be amended to exempt mental health peer support services from having any required copayment. This would remove a barrier that may have previously discouraged veterans from choosing to use mental health peer support services as a viable care option. VA believes that mental health peer support services are a valuable resource for veterans with mental health conditions and wants to ensure that veterans take full advantage of all resources available to them.

In the Further Notice of Proposed Rulemaking, the Commission seeks comment on whether to retain the ``personal use'' restriction for Provider-Specific Consumer Signal Boosters.

The Coast Guard is proposing to establish a special local regulation on the waters of the Manatee River in Bradenton, Florida during the Bradenton Area Riverwalk Regatta. The race is scheduled to take place annually from 11:00 a.m. to 4:30 p.m. on the first Saturday of February. The proposed special local regulation is necessary to protect the safety of race participants, participant vessels, spectators, and the general public on the navigable waters of the United States during the event. The special local regulation would restrict vessel traffic in the waters of the Manatee River in the vicinity of Bradenton, Florida. It would establish the following two areas: Enforcement areas #1 and #2, where all persons and vessels, except those persons and vessels participating in the high speed boat races and those vessels enforcing the areas, are prohibited from entering, transiting through, anchoring in, or remaining within.

NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 24 to the Pacific Coast Groundfish Fishery Management Plan (PCGFMP) for Secretarial review. Amendment 24 would modify the PCGFMP to implement default harvest control rules, make minor changes to clarify routine management measure adjustment and implementation procedures, add two rockfish species to the PCGFMP, and designate several species as Ecosystem Component Species.

This document contains final regulations relating to the requirement to maintain minimum essential coverage enacted by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, as amended by the TRICARE Affirmation Act and Public Law 111-173 (collectively, the Affordable Care Act). These final regulations provide individual taxpayers with guidance under section 5000A of the Internal Revenue Code on the requirement to maintain minimum essential coverage and rules governing certain types of exemptions from that requirement.

This action proposes to establish Class E Airspace at West Creek, NJ, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) serving Eagles Nest Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System.

This action proposes to amend Class E Airspace at Zephyrhills, FL, as the Zephyrhills Non-Directional Beacon (NDB) has been decommissioned, requiring airspace redesign at Zephyrhills Municipal Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport. This action also would update the geographic coordinates of airport.

This action proposes to establish Class E airspace at Key Largo, FL, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) serving Ocean Reef Club Airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport.

The FDIC is amending its regulations to revise the ratios and ratio thresholds for capital evaluations used in its risk-based deposit insurance assessment system to conform to the prompt corrective action capital (PCA) ratios and ratio thresholds adopted by the FDIC, the Board of Governors of the Federal Reserve System (Federal Reserve) and the Office of the Comptroller of the Currency (OCC) (collectively, the Federal banking agencies); revise the assessment base calculation for custodial banks to conform to the asset risk weights adopted by the Federal banking agencies; and require all highly complex institutions to measure counterparty exposure for deposit insurance assessment purposes using the Basel III standardized approach credit equivalent amount for derivatives (with modifications for certain cash collateral) and the Basel III standardized approach exposure amount for securities financing transactionssuch as repo-style transactions, margin loans and similar transactionsas adopted by the Federal banking agencies.

This document proposes to amend Federal Motor Vehicle Safety Standards (FMVSSs) Nos. 122 and 123, to allow the use of an internationally recognized symbol as the antilock brake system (ABS) malfunction telltale. Although the use of the symbol complies with the FMVSS No. 122 requirement that the letters ``ABS'' indicate a malfunction, the height of the letters ``ABS'' within the standardized malfunction symbol on many motorcycles do not comply with the letter height requirement in FMVSS No. 122. We also are proposing a technical change to correct a mistake in the 2012 final rule adopting FMVSS No. 122.

The Environmental Protection Agency (EPA) is conditionally approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania on behalf of the Allegheny County Health Department (ACHD). This SIP revision includes amendments to the ACHD Rules and Regulations, Article XXI, Air Pollution Control, and meets the requirement to adopt Reasonably Available Control Technology (RACT) for sources covered by EPA's Control Techniques Guidelines (CTG) standards for the following categories: Miscellaneous metal and/or plastic parts surface coating processes, automobile and light-duty truck assembly coatings, miscellaneous industrial adhesives, and fiberglass boat manufacturing materials. Upon review of the submittal, EPA found that the average monomer volatile organic compound (VOC) content limits were referenced but not included in the regulation for fiberglass boat manufacturing materials. ACHD has committed to revising the regulation and submitting the table of VOC content limits for fiberglass boat manufacturing materials to EPA in order to address specific RACT requirements for Allegheny County. EPA is, therefore, conditionally approving this revision to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).

We are superseding Airworthiness Directive (AD) 2012-06-19 for certain Airbus Model A330-201, -202, -203, -223, -243, -301, -302, - 303, -321, -322, -323, -341, -342, and -343 airplanes; and Model A340- 200 and -300 series airplanes. AD 2012-06-19 required repetitive inspections of the main fitting and sliding tube of the nose landing gear (NLG) for defects, damage, and cracks; and corrective actions if necessary. This new AD requires an inspection of the part number and serial number of the NLG main fitting and NLG sliding tube; for affected parts, this new AD requires a magnetic particle inspection (MPI) for cracks, and flap peening and replacement if necessary. This new AD also requires, for certain parts, additional inspections for damage and cracking. This new AD also adds airplanes to the applicability. This AD was prompted by reports of a cracked main fitting and sliding tube during NLG overhaul. We are issuing this AD to detect and correct cracks, defects, or damage of the main fitting or sliding tube, which could result in consequent NLG collapse.

We are superseding Airworthiness Directive (AD) 2005-13-05, which applied to certain Boeing Model 747-400F series airplanes. AD 2005-13-05 required inspections for cracking of the web, upper chord, and upper chord strap of the upper deck floor beams, and repair of any cracking. AD 2005-13-05 also required a preventive modification of the upper deck floor beams, and repetitive inspections for cracking after accomplishing the modification. This new AD retains these actions and requires a second modification, repetitive inspections for cracking, and repair if necessary. This AD was prompted by a determination that the upper chords of the upper deck floor beams at certain stations are structures that are susceptible to widespread fatigue damage, and that certain airplanes with an initial modification require a second modification for the airplane to meet its limit of validity (LOV). We are issuing this AD to detect and correct fatigue cracking in certain upper chords of the upper deck floor beam, which could result in reduced structural integrity of the airplane and rapid decompression or reduced controllability of the airplane.

We are superseding Airworthiness Directive (AD) 2004-16-01 for certain Airbus Model A330-200 and -300 series airplanes and Model A340- 200 and -300 series airplanes. AD 2004-16-01 required repetitive inspections for cracking of the chromed area of the left and right piston rods for the main landing gear (MLG) retraction actuators, and related investigative and corrective actions if necessary. This new AD requires repetitive draining of any fluid from the retraction actuator piston rod internal volume and sealing of the vent hole; repetitive ultrasonic inspections of the upper end of the piston rods, and corrective actions if necessary; a one-time ultrasonic inspection (longitudinal and circumferential) of the full length of the piston rod, and corrective actions if necessary; and a terminating modification of the left-hand and right-hand MLG retraction actuators. This AD was prompted by reports of the piston rods for the MLG retraction actuators rupturing during flight. We are issuing this AD to prevent cracking of the piston rods for the MLG retraction actuators, which could result in rupture of a piston rod, non-damped extension of the MLG, high loads on the fully extended MLG, and consequent reduced structural integrity of the MLG.

The Drug Enforcement Administration (DEA) is amending its regulations to waive the requirement of registration for persons who are authorized under United States Nuclear Regulatory Commission or Agreement State medical use licenses or permits and administer the drug product DaTscan\TM\.

The Texas Commission on Environmental Quality (TCEQ) has submitted updated regulations for receiving delegation of EPA authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAP) for all sources (both part 70 and non-part 70 sources). These regulations apply to certain NESHAP promulgated by the Environmental Protection Agency (EPA) at 40 CFR part 63, as amended between May 25, 2005 and April 24, 2013. The delegation of authority under this action does not apply to sources located in Indian Country. EPA is providing notice proposing to approve the delegation of certain NESHAPs to TCEQ.

The Federal Energy Regulatory Commission (Commission) approves Reliability Standard CIP-014-1 (Physical Security). The North American Electric Reliability Corporation, the Commission-certified Electric Reliability Organization, submitted Reliability Standard CIP-014-1 for Commission approval in response to a Commission order issued on March 7, 2014. The purpose of Reliability Standard CIP-014-1 is to enhance physical security measures for the most critical Bulk-Power System facilities and thereby lessen the overall vulnerability of the Bulk- Power System against physical attacks. In addition, the Commission directs NERC to develop one modification to Reliability Standard CIP- 014-1 and submit an informational filing.

This document publishes the final data on thefts of model year (MY) 2012 passenger motor vehicles that occurred in calendar year (CY) 2012. The final 2012 theft data indicated an increase in the vehicle theft rate experienced in CY/MY 2012. The final theft rate for MY 2012 passenger vehicles stolen in calendar year 2012 is 1.1294 thefts per thousand vehicles, an increase of 14.21 percent from the rate of 0.9889 thefts per thousand in 2011. Publication of these data fulfills NHTSA's statutory obligation to periodically obtain accurate and timely theft data and publish the information for review and comment.

We, the U.S. Fish and Wildlife Service (Service), make available the final environmental impact statement (EIS) on the proposed revisions to the regulations for the nonessential experimental population designation of the Mexican wolf and our draft record of decision (ROD), under the National Environmental Policy Act of 1969, as amended. Our intended action is to revise the regulations established in our 1998 Final Rule for the nonessential experimental population of the Mexican wolf. We also propose to extend the authority of the Mexican Wolf Recovery Program's section 10(a)(1)(A) research and recovery permit to areas that are outside of the Mexican Wolf Experimental Population Area. In the EIS we analyzed the environmental consequences of a range of alternatives, including the Proposed Action and No Action alternative, for our proposed rule. The action would be implemented through a final rule, a revised section 10(a)(1)(A) research and recovery permit, and the provision of Federal funding.