2014 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. These revisions contain an updated New Hampshire regulation establishing reasonably available control technology (RACT) for sources of nitrogen oxides (NOX), RACT orders for four facilities, and a request to withdraw a previously approved NOX RACT order from the SIP. The intended effect of this action is to propose approval of this updated regulation and four RACT orders into the New Hampshire SIP, and to propose to withdraw from the SIP a previously approved NOX RACT order. This action is being taken in accordance with the Clean Air Act.

We are adopting a new airworthiness directive (AD) for certain Embraer S.A. Model EMB-500 airplanes. This AD was sent previously to all known U.S. owners and operators of these airplanes as an emergency AD. This AD requires an inspection and replacement as necessary of the barrel nuts at the horizontal stabilizer to vertical stabilizer attachment joint. This AD was prompted by mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracking of the barrel nuts at the horizontal stabilizer to vertical stabilizer attachment joint. We are issuing this AD to correct the unsafe condition on these products.

GSA is amending the Federal Travel Regulation (FTR) by incorporating recommendations of the Governmentwide Relocation Advisory Board (GRAB) concerning calculation of reimbursements for taxes on relocation expenses. In addition, this final rule alters the process for calculating reimbursements for taxes on extended temporary duty (TDY) benefits to correct errors and to align that process with the final changes to the relocation income tax process.

We are superseding Airworthiness Directive (AD) 2005-15-04 for certain Bombardier, Inc. Model CL-600-1A11 (CL-600), CL-600-2A12 (CL- 601), and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants) airplanes. AD 2005-15-04 required operators to assign serial numbers or part numbers to certain landing gear parts; establish the number of landings on the parts, if necessary; and revise the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness (ICA) to reflect the new life limits of the landing gear parts. This new AD adds airplanes to the applicability, requires operators to assign serial numbers or part numbers to certain additional landing gear parts to establish the number of landings on the parts if necessary, and requires operators to record in all required airplane technical records and manuals the new part numbers, serial numbers, and landings assigned to these parts. This AD was prompted by reports that landing gear parts that have safe-life limits but do not have serial numbers or part numbers can be removed from one landing gear and re-installed on another, making tracking difficult. We are issuing this AD to prevent life-limited landing gear parts from being used beyond their safe-life limits, which could lead to collapse of the landing gear.

The Environmental Protection Agency (EPA, also, ``the Agency'' or ``we'') is proposing to grant a petition submitted by the John Deere Des Moines Works (John Deere) of Deere & Company, in Ankeny, Iowa to exclude or ``delist'' up to 600 tons per calendar year of F006/F019 wastewater treatment sludge filter cake generated by John Deere's wastewater treatment system from the list of hazardous wastes. The Agency has tentatively decided to grant the petition based on an evaluation of waste-specific information provided by John Deere. This proposed decision, if finalized, would conditionally exclude the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). This exclusion would be valid only when the wastewater treatment sludge filter cake is disposed of in a Subtitle D landfill which is permitted, licensed, or otherwise authorized by a State to manage industrial solid waste. If finalized, EPA would conclude that John Deere's petitioned waste is nonhazardous with respect to the original listing criteria and that there are no other current factors which would cause the waste to be hazardous.

This document initiates rulemaking that would propose to create a new Federal Motor Vehicle Safety Standard (FMVSS), FMVSS No. 150, to require vehicle-to-vehicle (V2V) communication capability for light vehicles (passenger cars and light truck vehicles (LTVs)) and to create minimum performance requirements for V2V devices and messages. The agency believes that requiring V2V communication capability in new light vehicles would facilitate the development and introduction of a number of advanced vehicle safety applications. Some crash warning V2V applications, like Intersection Movement Assist (IMA) and Left Turn Assist (LTA), rely on V2V-based messages to obtain information to detect and then warn drivers of possible safety risks in situations where other technologies have less capability. Both of those applications address intersection crashes, which are among the most deadly crashes that U.S. drivers currently face. NHTSA believes that V2V capability will not develop absent regulation, because there would not be any immediate safety benefits for consumers who are early adopters of V2V. V2V begins to provide safety benefits only if a significant number of vehicles in the fleet are equipped with it and if there is a means to ensure secure and reliable communication between vehicles. NHTSA believes that no single manufacturer would have the incentive to build vehicles able to ``talk'' to other vehicles, if there are no other vehicles to talk toleading to likely market failure without the creation of a mandate to induce collective action. Through this ANPRM, and through the accompanying technical report, ``Vehicle-to-Vehicle Communications: Readiness of V2V Technology for Application,'' NHTSA presents the results of its initial research efforts. In this report, NHTSA has done a very preliminary estimate of the costs of V2V and the benefits for two V2V-based safety applications, IMA and LTA, for addressing intersection crashes and left-turning crashes, respectively. The report also explores technical, legal, security, and privacy issues related to the implementation of V2V. NHTSA seeks comment on the research report, and solicits additional information, data, and analysis that will aid the agency in developing an effective proposal to require new light vehicles to be V2V-capable. By mandating V2V technology in all new vehicles, but not requiring specific safety applications, it is NHTSA's belief that such capability will in turn facilitate market-driven development and introduction of a variety of safety applications, as well as mobility and environment-related applications that can potentially save drivers both time and fuel.

The National Park Service is amending its special regulations for Wrangell-St. Elias National Park and Preserve to designate trails in the portion of the Nabesna District located within the National Preserve where motor vehicles may be used off roads for recreational purposes. The rule prohibits the use of certain types of vehicles based upon size and weight, and closes certain areas in designated wilderness within the Nabesna District that are located outside of established trails and trail corridors to the use of motor vehicles for subsistence.

We propose to supersede Airworthiness Directive (AD) 81-09-09, which applies to certain Meggitt (Troy), Inc. (previously known as Stewart Warner South Wind Corporation and as Stewart Warner South Wind Division) Model Series 8240 (Models 8240-A, 8240-C, 8240E, and 8248), 8253 (Models 8253-A, 8253-B, and 8253-C), 8259 (Models 8259-A, 8259-C, 8259-DL, 8259HL2, 8259HR2, 8259JR2, 8259L, and 8259M), and 8472 (Models 8472C and 8472D) combustion heaters. AD 81-09-09 currently requires repetitive inspections of the combustion heater; repetitive general inspections of the combustion heater installation; and, for combustion heaters having 1,000 hours or more time-in-service (TIS), overhaul of the combustion heater. Since we issued AD 81-09-09, there was an airplane accident, and we received reports of the heater malfunction. This proposed AD would retain most actions from AD 81-09-09, add a calendar time to the repetitive inspections, and add more detailed actions for the general inspection. We are proposing this AD to correct the unsafe condition on these products.

The EPA is approving a limited maintenance plan submitted by the State of Washington on November 29, 2013, for the Kent, Seattle, and Tacoma maintenance areas for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). The EPA first identified these areas in 1987 as potentially violating the 24-hour PM10 national ambient air quality standard (NAAQS). All three areas have been attaining the NAAQS since 1990, due to State Implementation Plan (SIP) measures such as a residential wood smoke control program, a prohibition on outdoor burning, and industrial controls. The areas were redesignated to attainment for the 24[hyphen]hour PM10 NAAQS effective May 2001, when the EPA approved the first 10[hyphen]year maintenance plan. This limited maintenance plan covers the second 10-year maintenance period ending in May 2021. The EPA received one set of adverse comments focused primarily on proposed coal export terminals that may be built in the Pacific Northwest or possible expansion of coal export terminals in Canada that may impact the three maintenance areas in the future.

The Coast Guard proposes revisions to its regulations for commercial fishing vessels carrying flammable or combustible liquid cargoes in bulk. The proposed revisions would reflect a 1984 statutory change that eliminated fishery-specific and geographical limitations on a statutory exemption that, effectively, permits certain commercial fishing vessels to carry and dispense flammable and combustible material including petroleum products; additionally, this proposed revision would simplify regulatory text. This notice of proposed rulemaking promotes the Coast Guard's maritime safety mission.

The Department of the Interior is issuing a final rule to amend its regulations to exempt certain records of the Debarment and Suspension Program system of records from particular provisions of the Privacy Act because these records contain investigatory material.

The Food and Drug Administration (FDA) is announcing a public hearing to solicit public comment on certain topics related to implementation of the Generic Drug User Fee Amendments of 2012 (GDUFA), and the GDUFA Commitment Letter that accompanies the legislation. The public hearing also will provide an opportunity for public input on future policy priorities. FDA is seeking participation in the public hearing and written comments from all interested parties, including, but not limited to, regulated industry, consumers, patients, caregivers, health care professionals, and patient groups.

The Merit Systems Protection Board (MSPB or the Board) hereby amends its rules of practice and procedure to adapt the Board's regulations to legislative changes that have created new laws applicable to the removal or transfer of Senior Executive Service employees of the Department of Veterans Affairs.

The Coast Guard will enforce a safety zone for the Bob O'Connor Foundation Fireworks on the Ohio River from mile 0.0 to 0.1. This zone will be in effect on August 20, 2014 from 8:30 p.m. until 9:40 p.m. This zone is needed to protect vessels transiting the area and event spectators from the hazards associated with the Bob O'Connor Foundation Fireworks. During the enforcement period, entry into, transiting, or anchoring in the safety zone is prohibited to all vessels not registered with the sponsor as participants or official patrol vessels, unless specifically authorized by the Captain of the Port (COTP) Pittsburgh or a designated representative.

The Coast Guard is temporarily changing the enforcement date of the special local regulation for the recurring air show event known as the Ocean City Air Show, held over the waters of the Atlantic Ocean, adjacent to Ocean City, New Jersey. The change of enforcement date for the special local regulation is necessary to provide for the safety of life on navigable waters during the event. This action will restrict vessel traffic in the waters of the Atlantic Ocean adjacent to Ocean City, New Jersey, during the event.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the State Implementation Plan (SIP) submitted by the State of Missouri on May 8, 2012, related to a Missouri rule titled ``Certain Coals to be Washed.'' This rule requires specified coals to be washed prior to sale in the St. Louis metropolitan area. This action amends the SIP to update an outdated reference in the rule.

The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the July 17, 2014, notice of proposed rulemaking for ``General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country'' is being extended by 30 days.

These special conditions are issued for the modification of the Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model EC135 series helicopters. These model helicopters will have a novel or unusual design feature after installation of the S-TEC Corporation (S- TEC) HeliSAS helicopter autopilot/stabilization augmentation system (AP/SAS) that has potential failure conditions with more severe adverse consequences than those envisioned by the existing applicable airworthiness regulations. These special conditions contain the added safety standards the Administrator considers necessary to ensure the failures and their effects are sufficiently analyzed and contained.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) for the State of Missouri addressing the applicable requirements of Clean Air Act (CAA) section 110 for the 2008 National Ambient Air Quality Standards (NAAQS) for Lead (Pb). Section 110 requires that each state adopt and submit a SIP to support implementation, maintenance, and enforcement of each new or revised NAAQS promulgated by EPA. These SIPs are commonly referred to as ``infrastructure'' SIPs. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Placer County Air Pollution Control District (PCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern negative declarations for volatile organic compound (VOC) source categories for the PCAPCD. We are approving these negative declarations under the Clean Air Act as amended in 1990 (CAA or the Act).

The Environmental Protection Agency (EPA) proposes to amend the EPA Acquisition Regulation (EPAAR) to incorporate a class deviation to clause 1552.209-73, Notification of Conflicts of Interest Regarding Personnel, and 1552.227-76, Project Employee Confidentiality Agreement, and their respective prescriptions, to include Alternate 1 for the subcontract flow-down requirements for other than Superfund work. The class deviation to the two clauses was executed to address the increased use of these conflict of interest (COI) clauses in non- Superfund contracts to better protect the Agency from COI. The Superfund flow-down language in the basic clauses does not apply or relate to non-Superfund contracts and would likely be confusing if the Superfund specific language was not deleted. The proposed rule also provides for minor administrative edits.

BOEM is seeking comments and information regarding its effort to update its regulations and program oversight for Outer Continental Shelf (OCS) financial assurance requirements. When BOEM's existing bonding regulations were originally drafted and first implemented, the principal risks associated with OCS leases were non-payment of rents and royalties, noncompliance with laws and regulations, and potential problems due to bankruptcy. While potentially significant, such risks were generally well-known and of limited complexity, size and scope. Due to increasingly complex business, functional, organizational and financial issues and vast differences in costs associated with expanded and varied offshore activities, BOEM has recognized the need to develop a comprehensive program to assist in identifying, prioritizing, and managing the risks associated with industry activities on the OCS. BOEM intends to design and implement a more robust and comprehensive risk management, financial assurance and loss prevention program to address these complex issues and cost differences associated with offshore operations. To do so, BOEM is seeking stakeholder comments regarding various risk management and monitoring activities pertaining to financial risks to taxpayers that may result from activities on the OCS. This notice specifically discusses the bonding and financial assurance program for BOEM's offshore oil and gas program. However, we also welcome the submission of comments on the analogous bonding and financial assurance program for BOEM's offshore renewable energy and hard minerals programs. BOEM currently requires lessees to provide performance bonds and/or one of various alternative forms of financial assurance to ensure compliance with the terms and conditions of leases, Rights-of-Use and Easements (RUEs) and Pipeline Rights-of-Way (ROWs). BOEM is seeking comments on who is best suited to mitigate risks and whether the correct parties are providing guarantees and other forms of financial assurance, as well as whether, or to what extent, the current forms of financial assurance are adequate and appropriate. Because costs and damages associated with oil spill financial responsibility (OSFR) are covered separately in the regulations, which is the subject of other proposed rulemakings on BOEM's regulatory agenda, BOEM is not soliciting comments on those regulations and their associated risk mitigation measures at this time.

The Department of Health and Human Services (HHS) is issuing a final rule to amend its Federal Acquisition Regulation (FAR) Supplementthe HHS Acquisition Regulation (HHSAR)to add two clauses, Patent RightsExceptional Circumstances and, Rights in Data Exceptional Circumstances, and their prescriptions.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B16 (CL-604 Variant) airplanes. This AD was prompted by reports of in-flight uncommanded rudder movements. This AD requires revising the airplane flight manual (AFM) to incorporate an uncommanded yaw motion procedure. We are issuing this AD to prevent in- flight uncommanded rudder movements, which could lead to structural failure and subsequent loss of the airplane.

We are superseding airworthiness directive (AD) 2013-12-01 for all Rolls-Royce plc (RR) model RB211 Trent 768-60, 772-60, and 772B-60 turbofan engines. AD 2013-12-01 required a one-time ultrasonic inspection (UI) of low-pressure (LP) compressor blades with more than 2,500 flight cycles since new or last inspection. This AD requires initial and repetitive UIs of the affected LP compressor blades. This AD was prompted by LP compressor blade partial airfoil release events. We are issuing this AD to prevent LP compressor blade airfoil separations, damage to the engine, and damage to the airplane.