2014 – Federal Register Recent Federal Regulation Documents

We are superseding Airworthiness Directive (AD) 76-06-09 for certain Piper Aircraft, Inc. Model PA-31P airplanes. AD 76-06-09 required repetitive inspection of certain exhaust system parts with replacement of parts mating with the turbocharger, as necessary, and allowed installation of a certain tailpipe v-band coupling as terminating action. This new AD requires the use of new service information and expands the scope of the inspections of the turbocharger exhaust system. This AD was prompted by reports of exhaust system failures, new service information, and the tailpipe v-band coupling used for terminating action is obsolete. We are issuing this AD to correct the unsafe condition on these products.

We are reopening the public comment period on a proposed amendment to the West Virginia permanent regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The proposed amendment consists of a Special Reclamation Tax Credit Rule that was submitted to OSMRE on August 7, 2014. The purpose of this document is to provide the public 15 additional days to comment on the proposed amendment.

DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes.

We, the National Marine Fisheries Service (NMFS), issue a final rule to designate critical habitat for three species of rockfish listed under the Endangered Species Act (ESA): the threatened yelloweye rockfish (Sebastes ruberrimus) Distinct Population Segment (DPS), the threatened canary rockfish (S. pinniger) DPS, and the endangered bocaccio (S. paucispinus) DPS (listed rockfish) pursuant to section 4 of the ESA. The specific areas in the final designation include 590.4 square miles (1529 square km) of nearshore habitat for canary rockfish and bocaccio, and 414.1 square miles (1072.5 square km) of deepwater habitat for yelloweye rockfish, canary rockfish and bocaccio. This final designation represents a reduction of approximately 15.2 percent (180.3 sq mi, 467 sq km) for canary rockfish and bocaccio, and a reduction of approximately 28 percent (160 sq mi, 416.2 sq km) for yelloweye rockfish, compared to our proposed critical habitat rule on August 6, 2013 (78 FR 47635). We exclude some particular areas from designation because the benefits of exclusion outweigh the benefits of inclusion and exclusion of those areas will not result in the extinction of the species. No areas were excluded based on economic impacts. This final rule responds to and incorporates public comments received on the proposed rule and supporting documents, as well as peer reviewer comments received on our draft biological report.

This major final rule with comment period addresses changes to the physician fee schedule, and other Medicare Part B payment policies to ensure that our payment systems are updated to reflect changes in medical practice and the relative value of services, as well as changes in the statute. See the Table of Contents for a listing of the specific issues addressed in this rule.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

The Coast Guard is establishing safety zones for all waters of the Upper Mississippi River (UMR) from mile 38.0 to 46.0 and from mile 78.0 to 81.0. These safety zones are needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with subsurface rock removal in the Upper Mississippi River. Any deviation from the conditions and requirements put into place are prohibited unless specifically authorized by the cognizant Captain of the Port (COTP) Ohio Valley or his designated representatives.

The Department of State is revising the International Traffic in Arms Regulations (ITAR) to reflect a change in its policy on exports to Vietnam.

The Environmental Protection Agency (EPA) is proposing approval of State Implementation Plan (SIP) revisions submitted by the State of Utah. The revisions involve amendments to Section X, Part A, Vehicle Inspection and Maintenance Program, General Requirements and Applicability; the addition of Section X, Part F, Cache County Vehicle Inspection and Maintenance Program; and revisions to Utah Administrative Rules R307-110-1, R307-110-31, and R307-110-36. EPA is proposing approval of these SIP revisions in accordance with the requirements of section 110 of the Clean Air Act (CAA).

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. These changes include updating the address for the NRC's Public Document Room (PDR), updating a footnote, correcting mathematical errors, correcting references, correcting typographical and grammatical errors, and revising language for clarity and consistency. This final rule also makes changes to the time period by which a Federal agency must refer a debt for collection through offset, and makes conforming changes to the regulations to reflect the transfer of Mississippi to NRC Region IV.

We are adopting as a final rule, with changes, an interim rule that amended the brucellosis regulations to, among other things, reduce the amount of testing required to maintain Class Free status for States that have been Class Free for 5 or more years and have no Brucella abortus in wildlife. This document amends the interim rule to change the age at which cattle and domestic bison are included in herd blood tests from 6 months to 18 months of age for all sexually intact cattle and domestic bison, except when conducting herd blood tests as part of affected herd investigations or other epidemiological investigations. In addition, the rule allows certain States the option of either conducting brucellosis ring tests and participating in the slaughter surveillance program or developing an alternative surveillance plan that would have to meet or exceed the level of disease detection provided by combined brucellosis ring testing and slaughter surveillance testing. The rule also makes several minor changes in order to clarify the regulations. These changes are necessary to create flexibility in the brucellosis program, to refocus resources to control and prevent the spread of brucellosis, and to protect and maintain the economic viability of the domestic livestock industry.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Louisiana State Route 23 (SR 23) vertical lift span bridge, also known as the Judge Perez Bridge, across the Gulf Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse, Plaquemines Parish, Louisiana. This deviation is necessary to provide for the safe movement of vehicular traffic during major plant reconstruction on one side of the waterway and the resulting change in work schedule and increase in workforce transiting the bridge. This deviation allows the bridge to remain temporarily closed to navigation for an additional one hour in the evening during weekdays for two months.