January 2015 – Federal Register Recent Federal Regulation Documents

This document modifies the rules governing the operation of Unlicensed Personal Communications Service (UPCS) devices in the 1920- 1930 MHz band (UPCS band) to reference the 2013 version of the American National Standards Institute (ANSI) C63.17 standard, Methods of Measurement of the Electromagnetic and Operational Compatibility of Unlicensed Personal Communications Service (UPCS) Devices, ANSI C63.17- 2013, by which UPCS devices must be measured for compliance with the technical requirements in the Commission's regulations.

The Railroad Retirement Board (Board) proposes to amend its regulations by changing from 180 days delinquent to 120 days delinquent debts that are referred to Treasury in compliance with the DATA Act.

The Environmental Protection Agency (EPA) is taking final action approving State Implementation Plan (SIP) revisions submitted by the State of Colorado. On May 11, 2012, the designee of the Governor of Colorado submitted to EPA a revised maintenance plan for the Steamboat Springs area for the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to 10 microns (PM10). The SIP was adopted by the State on December 15, 2011. As required by Clean Air Act (CAA) section 175A, this revised maintenance plan addresses maintenance of the PM10 standard for a second 10-year period beyond the area's original redesignation to attainment for the PM10 NAAQS. In addition, EPA is approving the revised maintenance plan's 2024 transportation conformity motor vehicle emissions budget (MVEB) for PM10. This action is being taken under sections 110 and 175A of the CAA.

The Coast Guard announces a public meeting will take place on February 9, 2015, in Fort Lauderdale, Florida to receive comments on a notice of proposed rulemaking (NPRM) published in the Federal Register on December 10, 2014, under the title ``Consolidated Cruise Ship Security Regulations.'' This proposed rule would amend Coast Guard regulations on cruise ship terminal security by implementing amendments that provide detailed, flexible requirements for the screening of all baggage, personal items, and personsincluding passengers, crew, and visitorsintended for carriage on a cruise ship. The proposed regulations would standardize the security requirements of cruise ship terminals and would eliminate redundancies in current regulations that govern the security of cruise ship terminals.

The Agency for Healthcare Research and Quality (AHRQ) is seeking scientific information submissions from the public. Scientific information is being solicited to inform our review of Treatments for Fecal Incontinence, which is currently being conducted by the AHRQ's Evidence-based Practice Centers (EPC) Programs. Access to published and unpublished pertinent scientific information will improve the quality of this review. AHRQ is conducting this systematic review pursuant to Section 902(a) of the Public Health Service Act, 42 U.S.C. 299a(a).

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection provisions of FDA's requirements on content and format of labeling for human prescription drug and biological products.

The Environmental Protection Agency (EPA) is proposing limited approval and limited disapproval of a revision to the Pennsylvania State Implementation Plan (SIP) submitted by the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection (PADEP). This SIP revision addresses the sulfur dioxide (SO2) and nitrogen oxide (NOX) Best Available Retrofit Technology (BART) requirements for Boiler Number 1 of the Cheswick Generating Station (Cheswick) in Allegheny County. EPA is proposing a limited approval of the SIP revision for Cheswick's SO2 and NOX BART requirements on the basis that the revision corrects an error in the SIP and strengthens the Pennsylvania SIP, while EPA is also proposing a limited disapproval of this part of the SIP revision because the SIP revision relies on the Clean Air Interstate Rule (CAIR) and not the Cross-State Air Pollution Rule (CSAPR) which has replaced CAIR. EPA is proposing limited approval and limited disapproval of the Pennsylvania SIP revision addressing the SO2 and NOX BART requirements in accordance with the requirements of the Clean Air Act (CAA) and EPA's rules for BART.

The Copyright Royalty Judges announce receipt of a notice of intent to audit the 2011, 2012, and 2013 statements of account submitted by Live365, Inc. concerning the royalty payments it made pursuant to two statutory licenses.

The Environmental Protection Agency (EPA) is proposing to approve portions of three State Implementation Plan (SIP) revision submittals from the District of Columbia (hereafter ``the District'') pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. The District has made three separate submittals addressing the infrastructure requirements for the 2008 ozone NAAQS, the 2010 nitrogen dioxide (NO2) NAAQS, and the 2010 sulfur dioxide (SO2) NAAQS. One of the infrastructure submittals also includes the ``Revised Air Quality Emergency Plan for the District of Columbia'' for satisfying EPA's requirements for air quality emergency episodes. In this rulemaking action, EPA is proposing to approve, in accordance with the requirements of the CAA: The three infrastructure SIP submissions with the exception of the portions of the submittals addressing transport of pollution and the portions of the submittals addressing the Prevention of Significant Deterioration (PSD) permitting requirements; and the District's Air Quality Emergency Plan which also meets EPA's requirements for air pollution prevention contingency plans.

Under the Toxic Substances Control Act (TSCA), EPA is proposing to amend a significant new use rule (SNUR) for long-chain perfluoroalkyl carboxylate (LCPFAC) chemical substances by designating as a significant new use manufacturing (including importing) or processing of an identified subset of LCPFAC chemical substances for any use that will not be ongoing after December 31, 2015, and all other LCPFAC chemicals substances for which there are currently no ongoing uses. For this SNUR, EPA is also proposing to make inapplicable the exemption for persons who import LCPFAC chemical substances as part of articles. In addition, EPA is also proposing to amend a SNUR for perfluoroalkyl sulfonate (PFAS) chemical substances that would make inapplicable the exemption for persons who import PFAS chemical substances as part of carpets. Persons subject to these SNURs would be required to notify EPA at least 90 days before commencing such manufacture or processing. The required notifications would provide EPA with the opportunity to evaluate the intended use and, if necessary, an opportunity to protect against potential unreasonable risks from that activity before it occurs.

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 the maintenance actions for airplane systems susceptible to aging must be mandated. This AD requires revising the maintenance or inspection program to incorporate more restrictive maintenance requirements and airworthiness limitations. We are issuing this AD to mitigate the risks associated with aging effects of airplane systems. Such aging effects could change the characteristics leading to an increased potential for failure, which could result in failure of certain life-limited parts, and could reduce the structural integrity or reduce controllability of the airplane.

On February 1, 2013, the Environmental Protection Agency (EPA) finalized amendments to the National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers (Area Source Boilers Rule). Subsequently, the EPA received three petitions for reconsideration of the final rule. The EPA is announcing reconsideration of and requesting public comment on five issues raised in the petitions for reconsideration, as detailed in the SUPPLEMENTARY INFORMATION section of this document. In this action, the EPA is also proposing a limited number of technical corrections and amendments to the final rule to correct inadvertent errors and to clarify some applicability and implementation issues raised by stakeholders subject to the final rule. Also, we propose to delete rule provisions for an affirmative defense for malfunction in light of a recent court decision on the issue. The EPA is seeking comment only on the five issues being reconsidered, the proposed deletion of the affirmative defense and on the technical corrections and amendments described in the preceding paragraph. The EPA will not respond to any comments addressing any other issues or any other provisions of the final rule.

On February 7, 2013, the Environmental Protection Agency (EPA) promulgated its final response to petitions for reconsideration of the final new source performance standards (NSPS) and emission guidelines (EG) for commercial and industrial solid waste incineration (CISWI) units that were promulgated on March 21, 2011. Following promulgation of the February 2013 final action, the Administrator received petitions for reconsideration that identified issues that petitioners maintain require additional reconsideration and/or warrant further opportunity for public comment. In this action, the EPA is granting reconsideration on four provisions of the February 2013 final NSPS and EG for CISWI units. In addition, the EPA identified regulatory provisions that require clarification and editorial correction to address inconsistencies and errors in the final rules. The proposed amendments provide additional clarity and improve the implementation of the February 2013 final CISWI standards, but do not have any environmental, energy or economic impacts associated with the proposed action.

Notice is hereby given that the Office of Research Integrity (ORI) has taken final action in the following case: Bin Kang, Ph.D., Oklahoma Medical Research Foundation: Based on the Respondent's admission, an assessment conducted by the Oklahoma Medical Research Foundation (OMRF), and additional analysis conducted by ORI in its oversight review, ORI found that Dr. Bin Kang, Postdoctoral Fellow, Immunobiology and Cancer Research Program, OMRF, engaged in research misconduct in research supported by National Institute of Allergy and Infectious Diseases (NIAID), National Institutes of Health (NIH), grants AI056129 and AI104057. ORI and OMRF found that Respondent engaged in research misconduct by reporting falsified data in: ``Asb2 regulates the activity of SCF E3 ubiquitin ligases by antagonizing CAND1-mediated exchange of F-box proteins,'' submitted to Molecular Cell on June 26, 2014; hereafter referred to as the ``original Molecular Cell manuscript'' the revised version of ``Asb2 regulates the activity of SCF E3 ubiquitin ligases by antagonizing CAND1-mediated exchange of F- box proteins,'' submitted to Molecular Cell on September 29, 2014; hereafter referred to as the ``revised Molecular Cell manuscript grant application CA189216-01 submitted to the National Cancer Institute (NCI), NIH; hereafter referred to as the ``original NCI grant application'' grant application CA189216-01A1 submitted to NCI, NIH; hereafter referred to as the ``revised NCI grant application'' ORI found that Respondent knowingly falsified and/or fabricated Western blot gel images by duplication, reuse and relabeling, and/or alteration through contrast, rotation, and/or scale of the images. Specifically, Respondent included falsified images in all of the figures (Figures 1-6 and S1-5) in the original Molecular Cell manuscript, all of the figures (Figures 1-6 and S1-7) in the revised Molecular Cell manuscript, Figures 2-4, 9, and 11 in the original NCI grant application, and Figures 3-5, 10, and 11 in the revised NCI grant application. Dr. Kang has entered into a Voluntary Settlement Agreement (Agreement) and has voluntarily agreed for a period of three (3) years, beginning on December 23, 2014: (1) To have his research supervised; Respondent agreed to ensure that prior to the submission of an application for U.S. Public Health Service (PHS) support for a research project on which the Respondent's participation is proposed and prior to Respondent's participation in any capacity on PHS-supported research, the institution employing him must submit a plan for supervision of his duties to ORI for approval; the plan for supervision must be designed to ensure the scientific integrity of Respondent's research contribution; Respondent agreed that he will not participate in any PHS-supported research until such a supervision plan is submitted to and approved by ORI; Respondent agreed to maintain responsibility for compliance with the agreed upon plan for supervision; (2) that any institution employing him must submit, in conjunction with each application for PHS funds, or report, manuscript, or abstract involving PHS- supported research in which Respondent is involved, a certification to ORI that the data provided by Respondent are based on actual experiments or are otherwise legitimately derived and that the data, procedures, and methodology are accurately reported in the application, report, manuscript, or abstract; and (3) to exclude himself voluntarily from serving in any advisory capacity to PHS including, but not limited to, service on any PHS advisory committee, board, and/or peer review committee, or as a consultant.

The Coast Guard seeks applications for membership on the Lower Mississippi River Waterway Safety Advisory Committee. This Committee advises and makes recommendations to the Coast Guard on matters relating to safe transit of vessels and products to and from the ports on the Lower Mississippi River and related waterways. Applicants selected for service on the Lower Mississippi River Waterway Safety Advisory Committee via this solicitation will not begin their respective terms until August 27, 2015.

The FAA is taking down the ``Pilot's Bill of Rights'' hyperlink on the FAA Internet Web page (www.faa.gov/pilots) and the email address AirmenDataRequest@faa.gov for processing requests for air traffic data under the Pilot's Bill of Rights (PBR), Pub. L. 112-153 (Aug. 3, 2012). Individuals entitled to access or otherwise obtain air traffic data under the PBR should direct such requests to the FAA investigator that provided them with the written notification of investigation.

Pursuant to Section 189a. (2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular biweekly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all notices of amendments issued, or proposed to be issued from December 25, 2014 to January 7, 2015. The last biweekly notice was published on January 6, 2015.

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on this collection from all interested individuals and organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB.

The U.S. Department of Energy (DOE) is publishing Guidance for the EPAct 2005 Section 242 Program. The guidance describes the hydroelectric incentive payment requirements and explains the type of information that owners or authorized operators of qualified hydroelectric facilities can provide DOE when applying for hydroelectric incentive payments. This incentive is available for electric energy generated and sold for a specified 10-year period as authorized under section 242 of the Energy Policy Act of 2005. In Congressional appropriations for Federal fiscal year 2014, DOE received funds to support this hydroelectric incentive program for the first time. At this time, DOE is only accepting applications from owners and authorized operators of qualified hydroelectric facilities for hydroelectricity generated and sold in calendar year 2013.

Due to the receipt of adverse comments, the Environmental Protection Agency (EPA) is withdrawing the November 20, 2014, direct final rule to approve North Carolina's January 31, 2008, May 24, 2010, October 11, 2013, and February 11, 2014, State Implementation Plan (SIP) submissions pertaining to changes to the North Carolina Inspection and Maintenance (I/M) program. EPA will address the adverse comments in a subsequent final action based on the parallel proposal also published on November 20, 2014. As stated in the proposal, EPA will not institute a second comment period on this action.