2014 – Federal Register Recent Federal Regulation Documents

This document contains final regulations relating to the application of the straddle rules to a debt instrument. The final regulations clarify that a taxpayer's obligation under a debt instrument can be a position in personal property that is part of a straddle. The final regulations primarily affect taxpayers that issue debt instruments that provide for one or more payments that reference the value of personal property or a position in personal property.

The Board of Governors of the Federal Reserve System (Board) is proposing to repeal its Regulation AA, which was issued pursuant to its rule writing authority under section 18(f)(1) of the Federal Trade Commission Act (FTC Act or Act). Section 1092(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) repealed section 18(f)(1) of the FTC Act, thus eliminating the Board's rule writing authority under the Act.

This document proposes a change to the definition of an eligible organization that can avail itself of an accommodation with respect to coverage of certain preventive services under section 2713 of the Public Health Service Act (PHS Act), added by the Patient Protection and Affordable Care Act, as amended, and incorporated into the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code. Section 2713 of the PHS Act requires coverage without cost sharing of certain preventive health services by non-grandfathered group health plans and health insurance coverage. Among these services are women's preventive health services, as specified in guidelines supported by the Health Resources and Services Administration (HRSA). As authorized by the current regulations, and consistent with the HRSA Guidelines, group health plans established or maintained by certain religious employers (and group health insurance coverage provided in connection with such plans) are exempt from the otherwise applicable requirement to cover certain contraceptive services. Additionally, under current regulations, accommodations are available with respect to the contraceptive coverage requirement for group health plans established or maintained by eligible organizations (and group health insurance coverage provided in connection with such plans), and student health insurance coverage arranged by eligible organizations that are institutions of higher education, that effectively exempt them from this requirement. The regulations establish a mechanism for separately furnishing payments for contraceptive services on behalf of participants and beneficiaries of the group health plans of eligible organizations that avail themselves of an accommodation, and enrollees and dependents of student health insurance coverage arranged by eligible organizations that are institutions of higher education that avail themselves of an accommodation. These rules propose and seek comments on potential changes to the definition of ``eligible organization'' in the Departments' regulations in light of the Supreme Court's decision in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014), to ensure that participants and beneficiaries in group health plans (and enrollees and dependents in student health insurance coverage arranged by institutions of higher education) obtain, without additional cost, coverage of the full range of Food and Drug Administration (FDA) approved contraceptive services, as prescribed by a health care provider, while respecting certain closely held for-profit entities' religion-based objections to contraceptive coverage. These proposed rules also seek comments on any additional steps the government should take to help ensure coverage of the full range of FDA-approved contraceptives, as prescribed by a health care provider, without cost sharing, for participants and beneficiaries in group health plans of such entities (and enrollees and dependents in student health insurance coverage arranged by such entities that are institutions of higher education).

In this document, the Commission makes minor changes to the rules that restrict the volume of television commercials. Specifically, as required by the Commercial Advertisement Loudness Mitigation (CALM) Act, the Commission incorporates by reference into the Commission's rules the Advanced Television Systems Committee's (ATSC) March 12, 2013 A/85:2013 Recommended Practice (RP) (Successor RP), replacing the July 25, 2011 A/85:2011 Recommended Practice (Current RP), incorporated into the Commission's rules in 2011. The Successor RP will become mandatory on June 4, 2015. The 2013 Successor RP applies an improved loudness measurement algorithm to conform to the International Telecommunication Union's (ITU) updated BS.1770 measurement algorithm, ``BS.1770-3.''

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This AD was prompted by reports that elevator power control unit (PCU) shear pins may fail prematurely. This AD requires repetitive replacement of the elevator PCU shear pins. We are issuing this AD to prevent premature elevator PCU shear pin failure. If all pins fail on one elevator, the elevator surface would become inoperative, which could reduce the controllability of the airplane and could result in a loss of redundancy for flutter prevention.

On October 1, 2012, the Coast Guard published a Notice of Availability and Request for Public Comment regarding a petition for a rulemaking action. The petition requested that the Coast Guard establish a load line-exempted route in the Gulf of Mexico, along the western coast of Florida. Upon review of the comments as well as analysis of safety considerations and other factors described in the discussion section, the Coast Guard has decided not to proceed with the requested rulemaking. The public comments, and the Coast Guard's reasoning for its decision, are discussed in this notice.

We are adopting a new airworthiness directive (AD) for all Airbus Model A300 series airplanes. This AD was prompted by our determination of the need to incorporate new life limits for the main landing gear (MLG) barrel assembly, retraction actuator assembly linkage, and flange duct. This AD requires revising the maintenance or inspection program, as applicable, to include the new life limits. We are issuing this AD to prevent reduced structural integrity of the airplane and possible loss of controllability of the airplane.

We are adopting a new airworthiness directive (AD) for certain Dassault Aviation Model FALCON 900EX airplanes. This AD was prompted by our determination to introduce a corrosion prevention control program, among other changes, to the maintenance requirements and airworthiness limitations. This AD requires revising the maintenance or inspection program, as applicable, to include the maintenance tasks and airworthiness limitations specified in the Airworthiness Limitations section of the airplane maintenance manual. We are issuing this AD to prevent reduced structural integrity and reduced controllability of the airplane.

The Audio Division, at the request of Brett E. Miller, allots Channel 272A at Dayton, Washington. A staff engineering analysis determines that Channel 272A can be allotted to Dayton consistent with the minimum distance separation requirements of the Rules with a site restriction 3.1 kilometers (1.9 miles) southwest of the community. The reference coordinates are 46-18-20 NL and 118-00-03 WL.

This notice announces open meetings for the Central Air Conditioner Regional Standards Enforcement Working Group (RSE Working Group). The purpose of the working group will be to discuss and, if possible, reach consensus on a proposed rule for the enforcement of regional energy efficiency standards for split-system and single package air conditioners, as authorized by the Energy Policy and Conservation Act (EPCA) of 1975, as amended.

We propose to supersede Airworthiness Directive (AD) 2014-09- 05, for certain Airbus Model A330-200 and -300 series airplanes, and Model A340-200 and -300 series airplanes. AD 2014-09-05 currently requires repetitive inspections of certain sidestay upper cardan pins of the main landing gear (MLG), and associated nuts and retainer assemblies, and pin replacement if necessary. Since we issued AD 2014- 09-05, we have determined that a previously optional measurement is necessary to address the identified unsafe condition. We are proposing this AD to detect and correct migration of the sidestay upper cardan pin, which could result in disconnection of the sidestay upper arm from the airplane structure, and could result in a landing gear collapse and consequent damage to the airplane and injury to occupants.

We propose to adopt a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135BJ airplanes. This proposed AD was prompted by a determination that more restrictive fuel limitations are needed. This proposed AD would require revising the maintenance or inspection program to incorporate new compliance times and fuel limitations. We are proposing this AD to detect and correct fatigue cracking of various structural elements and prevent ignition sources in the fuel system.

The Environmental Protection Agency (EPA) is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the State of Wyoming. The revision affects Wyoming's Air Quality Standards and Regulations (WAQSR) regarding ambient standards for particulate matter and for lead (Pb). This action is being taken under section 110 of the Clean Air Act (CAA).

We propose to supersede Airworthiness Directive (AD) 2014-03- 05, for certain Bombardier, Inc. Model BD-700-1A10 airplanes. AD 2014- 03-05 currently requires modification of the air data probes and sensors. Since we issued AD 2014-03-05, we have determined that additional airplanes are affected by the unsafe condition. This proposed AD would add airplanes to the applicability. We are proposing this AD to detect and correct an unannunciated failure of two pitot static probe heaters, which could affect controllability of the airplane in icing conditions.

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 747-8F and 747-8 series airplanes. This proposed AD was prompted by reports of delamination damage to leading edge (LE) variable camber krueger (VCK) flaps. This proposed AD would require repetitive inspections to detect delamination damage of the lightning strike applique (LSA) on the LE VCK flaps, and corrective actions if necessary. We are proposing this AD to detect and correct delamination damage to the LE VCK flaps, which can reduce the lightning strike protection capability on the LE VCK flaps and result in an uncommanded motion of the trailing edge flap system. Such uncommanded flap motion, without shutdown of the trailing edge or leading edge flaps, may cause unexpected changes in lift, potentially resulting in asymmetric lift and loss of control of the airplane.

This rule revises FHA's regulations that allow an FHA-approved mortgagee to charge the mortgagor interest through the end of the month in which the mortgage is being paid. The final rule allows mortgagees to charge interest only through the date the mortgage is paid, and prohibits the charging of interest beyond that date.

We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for Diplacus vandenbergensis (Vandenberg monkeyflower), a plant species from Santa Barbara County, California. The effect of this regulation will be to add this species to the Federal List of Endangered and Threatened Plants.

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for Physaria globosa (Short's bladderpod), Helianthus verticillatus (whorled sunflower), and Leavenworthia crassa (fleshy- fruit gladecress) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 1,006 hectares (ha) (2,488 acres (ac)) in Alabama, Georgia, Indiana, Kentucky, and Tennessee fall within the boundaries of the critical habitat designations.

The Environmental Protection Agency (EPA) is providing notice that it has responded to two petitions for reconsideration of a rule published in the Federal Register on August 5, 2013, that promulgated the initial air quality designations for the 2010 Primary SO2 National Ambient Air Quality Standard (NAAQS) for certain areas in the United States. The rule is titled ``Air Quality Designations for the 2010 Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard.'' One petition was submitted by the Treasure State Resource Industry Association and Yellowstone County, and the other petition was submitted by the Montana Sulphur and Chemical Company (the Petitioners). The EPA carefully considered these petitions and supporting information, along with information contained in the rulemaking docket, in reaching decisions on these petitions. The EPA denied the petitions for reconsideration in separate letters to the Petitioners dated August 14, 2014. The letters explain the EPA's reasons for the denials. One of the Petitioners also requested that the EPA stay the effectiveness of the designations rule, pending reconsideration. Because the EPA denied the reconsideration requests, the EPA also denied the stay request.

The Coast Guard proposes to establish a temporary safety zone on the waters of Biscayne Bay, east of Bayfront Park, in Miami, Florida during the 2014 Ironman 70.3 Miami, a triathlon. The Ironman 70.3 Miami is scheduled to take place on October 26, 2014. Approximately 2,500 participants are anticipated to participate in the swim portion of the event. No spectators are expected to be present during the event. The safety zone is necessary to provide for the safety of the participants, participant vessels, and general public on the navigable waters of Biscayne Bay during the event.

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), announce a 30-day extension of the comment period on a petition, submitted pursuant to the Surface Mining Control and Reclamation Act, (SMCRA or the Act), requesting that we amend our regulations governing the use of explosives to prohibit visible nitrogen oxide clouds. We are requesting comments on the merits of the petition and the rule changes suggested in the petition. Comments received will assist the Director of OSMRE in making the decision whether to grant or deny the petition.

NMFS reduces the commercial trip limit for vermilion snapper in or from the exclusive economic zone (EEZ) of the South Atlantic to 500 lb (227 kg), gutted weight. This trip limit reduction is necessary to protect the South Atlantic vermilion snapper resource.

The Food and Drug Administration (FDA) is amending certain medical device regulations to correct minor errors in the Code of Federal Regulations (CFR). This action is editorial in nature and is intended to correct outdated Web site addresses.

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.