2014 – Federal Register Recent Federal Regulation Documents

This proposed rule is a companion document to the U.S. Agency for International Development (USAID) direct final rule (published in the ``Rules and Regulations'' section of this Federal Register), amending the Agency for International Development Acquisition Regulation (AIDAR). AIDAR is revised to maintain consistency with the Federal Acquisition Regulation (FAR) and conform the regulation to previously implemented policy. Obsolete material is removed and numerous clarifications and editorial amendments are made to better specify the regulation.

The Environmental Protection Agency (EPA) is proposing to approve certain elements of New York's State Implementation Plan (SIP) revision submitted to demonstrate that the State meets the requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA) for the 2008 National Ambient Air Quality Standard (NAAQS) for lead (Pb). Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by the EPA and is commonly referred to as an infrastructure SIP.

We propose to adopt a new airworthiness directive (AD) for Sikorsky Aircraft Corporation (type certificate previously held by Schweizer Aircraft) (Sikorsky) Model 269D and Model 269D Configuration A helicopters. This proposed AD would require reducing the life limit of the ring gear carrier assembly. This proposed AD is prompted by cracks in the ring gear carrier assembly. The proposed actions are intended to reduce the life of the ring gear carrier assembly to prevent failure of the main rotor transmission, loss of engine power to the main rotor, and subsequent loss of control of the helicopter.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A319 and A320 series airplanes. This proposed AD was prompted by a report that fatigue cracking could appear at certain fastener locations in the longeron area below the emergency exit cut- outs. This proposed AD is intended to complete certain mandated programs intended to support the airplane reaching its limit of validity (LOV) of the engineering data that support the established structural maintenance program. This proposed AD would require modification of eight fastener locations in the longeron area below the emergency exit cut-outs on the left-hand (LH) and right-hand (RH) sides. We are proposing this AD to detect and correct cracking at certain fastener locations in the longeron area below the emergency exit cut-outs, which could lead to failure of the fasteners and reduced structural integrity of the airplane.

The Coast Guard proposes to establish a permanent safety zone on the navigable waters of Port Valdez, Valdez, Alaska, in the vicinity of the Valdez Spit. The proposed safety zone is necessary to protect persons and vessels from the hazards associated with the annual City of Valdez July 4th Fireworks Display event. This rule is intended to restrict vessels from a portion of the navigable waters of Port Valdez, in the immediate vicinity of the fireworks launch platforms, before, during, and immediately after the fireworks event.

The North Pacific Fishery Management Council (Council) submitted Amendment 31 to the Fishery Management Plan for Bering Sea/ Aleutian Islands King and Tanner Crabs (FMP) to NMFS for review. If approved, Amendment 31 would amend the Bering Sea and Aleutian Islands Crab Rationalization Program (CR Program) within the FMP to: Temporarily expand the eligibility requirements for individuals wishing to acquire C share Quota Share (QS) by transfer; establish minimum participation requirements for C share QS holders to be eligible to receive an annual allocation of Individual Fishing Quota (IFQ); establish minimum participation requirements for C share QS holders to be eligible to retain their C share QS and establish an administrative process for revocation of an individual's C share QS, if he or she fails to satisfy the minimum participation requirements; establish a regulatory mechanism to ensure that three percent of the total allowable catch (TAC) for each CR Program crab fishery is allocated as IFQ to holders of C share QS; and remove the prohibition on leasing C share IFQ. Amendment 31 is necessary to ensure that individuals who hold C shares are active in the CR Program fisheries and to ensure that application deadlines provide adequate time to resolve disputes. This action is intended to promote the goals and objectives of the Magnuson- Stevens Fishery Conservation and Management Act, the FMP, and other applicable law.

The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including commercial clothes washers (CCWs). EPCA also requires that any new or amended energy conservation standard must be designed to achieve the maximum improvement in energy efficiency that would be technologically feasible and economically justified, and would save a significant amount of energy. In this final rule, the U.S. Department of Energy (DOE) is adopting more stringent energy conservation standards for CCWs because DOE has determined that the amended energy conservation standards for CCWs would result in significant conservation of energy, and are technologically feasible and economically justified.

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to require additional actions by contractors to assist contracting officers in ensuring compliance with the Governmentwide statutory prohibition on the use of appropriated (or otherwise made available) funds for contracts with any foreign incorporated entity that is an inverted domestic corporation or to any subsidiary of such entity.

This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-79. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.

This rule implements changes to the Noninsured Crop Disaster Assistance Program (NAP) as required by the Agricultural Act of 2014 (the 2014 Farm Bill), including changes to eligible crops, provisions governing eligibility of native sod acreage, additional coverage levels, and waivers of service fees and premium reductions for beginning, limited resource, and socially disadvantaged producers. This rule also clarifies requirements for eligible types and causes of loss and expands coverage for eligible mollusk and other aquaculture losses. This rule clarifies that the Farm Service Agency (FSA) may set separate market prices for organic crops and for direct to consumer sales. The changes are relatively minor and do not change the core purpose of NAP, which is to provide financial assistance to producers of non-insurable crops when low yield, loss of inventory, or prevented planting occurs due to a natural disaster.

The United States Copyright Office is conducting the sixth triennial rulemaking proceeding under the Digital Millennium Copyright Act (``DMCA'') concerning possible exemptions to the DMCA's prohibition against circumvention of technological measures that control access to copyrighted works. On September 17, 2014, the Office published a Notice of Inquiry requesting petitions for proposed exemptions, and it has received forty-four petitions in response. With this Notice of Proposed Rulemaking, the Office is initiating three rounds of public comment on exemptions proposed in the petitions. Interested parties are invited to make full legal and evidentiary submissions in support of or opposition to the proposed exemptions, in accordance with the requirements set forth below. The Office is providing a ``long comment'' form for this purpose. The Office is also offering members of the public the opportunity to express general support for or opposition to any of the proposals via a ``short comment'' form. Commenters should carefully review the legal and evidentiary standards for the granting of exemptions under the DMCA, which are set forth in the September Notice of Inquiry. Commenters should also review the guidance provided in this document regarding specific areas of legal and factual interest with respect to each proposed exemption or category of exemptions, and the types of evidence that commenters may wish to submit for the record. This document also provides information concerning the recommended format and content for submissions, including documentary and multimedia evidence.

We, NMFS, issue this final rule implementing our determination that the narrow sawfish (Anoxypristis cuspidata), dwarf sawfish (Pristis clavata), largetooth sawfish (collectively Pristis pristis; formerly Pristis pristis, Pristis microdon, and Pristis perotteti), green sawfish (Pristis zijsron), and the non-U.S. distinct population segment (DPS) of smalltooth sawfish (Pristis pectinata) are endangered species under the Endangered Species Act (ESA) of 1973, as amended. We also include a change in the scientific name for largetooth sawfish in this final rule to codify the taxonomic reclassification of P. perotteti to P. pristis. We are not designating critical habitat because the geographical areas occupied by the species are entirely outside U.S. jurisdiction and we have not identified any unoccupied areas within U.S. jurisdiction that are essential to the conservation of any of the five species. We have reviewed the status of the five species of sawfish, considered public and peer review comments, and conservation efforts being made to protect all five species, and we have made our determination based on the best available scientific and commercial data that all five species of sawfishthe narrow sawfish (Anoxypristis cuspidata), dwarf sawfish (Pristis clavata), largetooth sawfish (collectively Pristis pristis; formerly Pristis pristis, Pristis microdon, and Pristis perotteti), green sawfish (Pristis zijsron), and the non-U.S. DPS of smalltooth sawfish (Pristis pectinata)are at risk of extinction throughout all of their ranges and should be listed as endangered species.

NMFS issues this final rule 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 rule will 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 rule would adjust the Outer Cape Lobster Management Area closure dates to February 1 through March 31.

This action proposes to establish Class E airspace at the Maxwell VHF Omni-Directional Radio Range Tactical Air Navigation Aid (VORTAC), Maxwell, CA, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Oakland Air Route Traffic Control Center (ARTCC). The FAA is proposing this action to enhance the safety and management of aircraft operations within the National Airspace System.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the State Implementation Plan (SIP) for Texas which repeals lead emission rules which cover stationary sources in El Paso and Dallas county that are no longer in existence. This action is being taken under section 110(k) and part D of the Clean Air Act (CAA).

On October 16, 2014, the U.S. Small Business Administration (SBA or Agency) proposed detailed procedures for the suspension and revocation of an Agent's privilege to do business with the United States Small Business Administration (SBA). SBA provided a 60-day comment period ending on December 15, 2014. In this notice, SBA is extending the comment period an additional 60 days to February 14, 2015.

The Oil Pollution Act of 1990 (OPA) establishes a comprehensive regime for addressing the consequences of oil spills, ranging from spill response to compensation for damages to injured parties. Other than deepwater ports subject to the Deepwater Port Act of 1974, the Bureau of Ocean Energy Management (BOEM) is authorized to adjust the limit of liability in OPA for offshore facilities, including pipelines. This rule amends BOEM's regulations to add to the regulations on Oil Spill Financial Responsibility (OSFR) for offshore facilities in order to increase the limit of liability for damages caused by the responsible party for an offshore facility from which oil is discharged, or which poses the substantial threat of an oil discharge, as described in OPA. This rule adjusts the limit of liability to reflect the significant increase in the Consumer Price Index (CPI) that has taken place since 1990. It also establishes a methodology for BOEM to use to periodically adjust the OPA offshore facility limit of liability for inflation. BOEM is hereby increasing the limit of liability for damages under OPA from $75 million to $133.65 million.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD was prompted by reports from multiple operators that have found fatigue cracking in the corners of the forward galley service doorway. This AD requires repetitive inspections for any cracking of the skin and bear strap doublers in the corners of the forward galley service doorway, and corrective action if necessary. This AD also provides optional terminating actions for certain repetitive inspections. We are issuing this AD to detect and correct fatigue cracking, which could result in rapid loss of cabin pressure.

We are superseding Airworthiness Directive (AD) 2010-13-04 for certain Bombardier, Inc. Model DHC-8-400 series airplanes. AD 2010-13- 04 required modifying the nose landing gear (NLG) trailing arm. This new AD requires installing a new pivot pin retention mechanism. This new AD also adds airplanes to the applicability. This AD was prompted by a report of several missing or damaged pivot pin retention bolts. We are issuing this AD to prevent failure of the pivot pin retention bolt, which could result in a loss of directional control or loss of a NLG tire during take-off or landing.

We are revising Airworthiness Directive (AD) 2008-14-02 for Agusta Model AB139 and AW139 helicopters. AD 2008-14-02 required inspecting the fuselage frame to detect fatigue cracks which could lead to structural failure and subsequent loss of control of the helicopter. Since we issued AD 2008-14-02, Agusta developed a frame reinforcement modification, which supports extending the interval for inspecting the fuselage frame for a fatigue crack. This new AD requires inspecting the fuselage frame for a crack and reduces the applicability from AD 2008- 14-02 to exclude helicopters with the frame reinforcement modification. The actions of this AD are intended to detect a fatigue crack that could result in failure of the fuselage frame and subsequent loss of control of the helicopter.

We are superseding an airworthiness directive (AD) 2013-11-08 for Pilatus Aircraft Limited Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC- 6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as a need to incorporate new revisions into the aircraft maintenance manual or in the limitations document of the FAA-approved maintenance program. We are issuing this AD to require actions to address the unsafe condition on these products.

The U.S. Department of Energy (DOE) will hold a public meeting to discuss and receive comments on the preliminary analysis it has conducted for purposes of establishing energy conservation standards for general service lamps. The meeting will cover the analytical framework, models, and tools that DOE is using to evaluate potential standards for this product; the results of preliminary analyses performed by DOE for this product; the potential energy conservation standard levels derived from these analyses that DOE could consider for this product; and any other issues relevant to the development of energy conservation standards for general service lamps. In addition, DOE encourages written comments on these subjects. To inform interested parties and to facilitate this process, DOE has prepared an agenda, a preliminary technical support document (TSD), and briefing materials, which are available on the DOE Web site at: https:// www1.eere.energy.gov/buildings/appliance_standards/rulemaking .aspx/ ruleid/83.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Rob Roy Railroad Drawbridge across the Arkansas River, mile 64.7, at Pine Bluff, Arkansas. The deviation is necessary to allow the bridge owner to install a new generator and motor that are essential to the continued safe operation of the drawbridge. This deviation allows the bridge to remain in the closed- to-navigation position and not open to vessel traffic.

Base (1-percent-annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.