January 2015 – Federal Register Recent Federal Regulation Documents

The Farm Credit Administration (FCA, Agency, we, or our) proposes to amend existing regulations related to mergers and consolidations of Farm Credit System (System) banks and associations to clarify the merger review and approval process and incorporate existing practices in the regulations. The proposed rule would identify when the statutory 60-day review period begins, require that only independent tabulators be authorized to validate ballots and tabulate stockholder votes on mergers or consolidations, require institutions to hold informational meetings on proposed mergers or consolidations if circumstances warrant, explain the reconsideration petition process and specify the voting record date list to be provided to stockholders who wish to file a reconsideration petition. The proposed rule would update cross-references in the existing regulations, incorporate cross references to stockholder voting rules contained elsewhere in part 611, and clarify or update terminology to enhance transparency.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the South Coast Air Quality Management District (SCAQMD) and the Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from delayed coking units used in petroleum refining, and sulfur dioxide primary emissions from fossil fuel combustion. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act).

NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to the Joint Logistics Over-the-Shore (JLOTS) training activities conducted in Virginia and North Carolina, from June 2015 through June 2020. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue regulations and a five-year Letter of Authorization (LOA) to the Navy to incidentally harass marine mammals.

On August 13, 2013, the Department of Education (the Department) published final regulations in the Federal Register to amend the Education Department General Administrative Regulations (EDGAR). On October 22, 2014, the Department published a notice of proposed rulemaking to make additional amendments to EDGAR. In this document, the Department amends EDGAR to add a definition of ``What Works Clearinghouse Evidence Standards'' (WWC Evidence Standards) in our regulations to standardize references to this term. In addition, the Department amends the definition of ``large sample'' in our regulation. We also make technical edits to our regulations to improve the consistency and clarity of the regulations. Finally, we redesignate a section of our regulations and include in that redesignated section an additional provision that allows the Secretary to give special consideration to projects supported by evidence of promise.

The EPA is approving a portion of the State Implementation Plan submission from the State of Oregon to address Clean Air Act interstate transport requirements for the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards. The Clean Air Act requires that each State Implementation Plan contain adequate provisions prohibiting air emissions that will have certain adverse air quality effects in other states. The EPA is determining that Oregon's existing State Implementation Plan contains adequate provisions to ensure that air emissions in Oregon will not significantly contribute to nonattainment or interfere with maintenance of the 2006 24-hour PM2.5 National Ambient Air Quality Standards in any other state.

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is amending the Cuban Assets Control Regulations to implement policy changes announced by the President on December 17, 2014 to further engage and empower the Cuban people. These amendments facilitate travel to Cuba for authorized purposes, facilitate the provision by travel agents and airlines of authorized travel services and the forwarding by certain entities of authorized remittances, raise the limit on certain categories of remittances to Cuba, allow U.S. financial institutions to open correspondent accounts at Cuban financial institutions to facilitate the processing of authorized transactions, authorize certain transactions with Cuban nationals located outside of Cuba, and allow a number of other activities related to, among other areas, telecommunications, financial services, trade, and shipping. These amendments also implement certain technical and conforming changes.

We are withdrawing an interim rule that established regulations to restrict the interstate movement and importation into the United States of live fish that are susceptible to viral hemorrhagic septicemia, a highly contagious disease of certain fresh and saltwater fish. We are taking this action after considering the comments we received following the publication of the interim rule, which subsequently delayed the effective date of the interim rule indefinitely.

The Coast Guard has issued a temporary deviation from the regulation governing the operation of the Morgan City(Berwick Bay) Railroad Bridge across the Atchafalaya River, mile 17.5 (Gulf Intracoastal Waterway (Morgan City-Port Allen Alternate Route) mile 0.3) in Morgan City, St. Mary's Parish, Louisiana. This deviation provides for the bridge to remain closed to navigation for four consecutive hours in the morning and three hours in the afternoon with an opening in the middle to pass vessels. This will last for six consecutive days. The purpose of the closure is to conduct scheduled maintenance and repairs to the drawbridge.

The Gulf of Mexico Fishery Management Council (Council) has submitted Amendment 40 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) for review, approval, and implementation by NMFS. Amendment 40 includes actions to establish a Federal charter vessel/headboat (for-hire) component and private angling component within the recreational sector, allocate the red snapper recreational quota and annual catch target (ACT) between the components based on historical and recent landings, and establish separate red snapper season closure provisions for the Federal for-hire and private angling components. These measures would sunset after 3 years unless the Council takes additional action. The intent of Amendment 40 is to define distinct private angling and Federal for-hire components of the recreational sector who fish for red snapper, and allocate the recreational quota between these two components, to increase the stability for the for-hire component, provide a basis for increased flexibility in future management of the recreational sector, and minimize the chance for recreational quota overruns, which could negatively impact the rebuilding of the red snapper stock.

This regulation establishes tolerances for residues of Aluminum tris (O-ethylphosphonate) (fosetyl-Al) in or on pepper/eggplant, subgroup 8-10B. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

We, the U.S. Fish and Wildlife Service (Service), determine endangered status under the Endangered Species Act of 1973, as amended, for the Mexican wolf (Canis lupus baileyi). The effect of this regulation will be to revise the List of Endangered and Threatened Wildlife by making a separate entry for the Mexican wolf. We are separating our determination on the listing of the Mexican wolf as endangered from the determination on our proposal regarding the delisting of the gray wolf in the United States and Mexico. This rule finalizes our determination for the Mexican wolf.

This document denies a petition for reconsideration of Federal Motor Vehicle Safety Standard (FMVSS) No. 305, ``Electric-powered vehicles; electrolyte spillage, and electrical shock protection'' from Nissan Motor Company (Nissan) requesting the use of a megohmmeter as an alternative measurement method for the electrical isolation test procedure. Further, this document adopts various technical corrections and clarifications to the regulatory text of FMVSS No. 305 that do not change the substance of the rule.

The Commission has before it a petition for rulemaking filed by WLAJ-TV LLC, the licensee of station WLAJ-TV, channel 51, Lansing, Michigan, requesting the substitution of channel 25 for channel 51 at Lansing. While the Commission instituted a freeze on the acceptance of full power television rulemaking petitions requesting channel substitutions in May 2011, it subsequently announced that it would lift the freeze to accept such petitions for rulemaking seeking to relocate from channel 51 pursuant to a voluntary relocation agreement with Lower 700 MHz A Block licensees. WLAJ-TV LLC has entered into such a voluntary relocation agreement with T-Mobile USA, Inc. and states that operation on channel 25 would eliminate potential interference to and from wireless operations in the adjacent Lower 700 MHZ A Block.

The FAA is withdrawing a direct final rule regarding aviation training devices published December 3, 2014. That rule would have relieved burdens on pilots seeking to obtain aeronautical experience for an instrument rating by increasing the allowed use of aviation training devices. The FAA received adverse comments to the direct final rule and, thus, is withdrawing the direct final rule.

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

The OCC, Board, and FDIC (``we'' or ``Agencies'') announce the second in a series of outreach meetings on the Agencies' interagency process to review their regulations under the Economic Growth and Regulatory Paperwork Reduction Act of 1996 (``EGRPRA'').

On July 19, 2013, HUD published a proposed rule on Affirmatively Furthering Fair Housing. The comment period for the proposed rule closed on September 17, 2013. HUD received over 1,000 public comments in response to the proposed rule. While many commenters expressed outright support for HUD's proposal, and other commenters expressed outright opposition, the majority of the commenters provided valuable feedback and suggestions on HUD's proposal. One area of concern expressed by many commenters was the ability of program participants, those that are small or those that receive small grants or allocations of HUD funds, to prepare and submit the Assessment of Fair Housing (AFH) in accordance with the process set out in HUD's proposed rule, and by the proposed submission deadline. Commenters comprised of State jurisdictions or their representatives also expressed concern about the ability to complete an AFH, which they commented did not take into consideration the unique role of States. These commenters stated that HUD's proposed AFH was tailored to entitlement jurisdictions. In response to these comments, HUD is considering providing certain HUD program participantsStates, Insular Areas, qualified PHAs, jurisdictions receiving a small Community Development Block (CDBG) grant (which is based on a percentage of the CDBG formula appropriation, as described in this notice)with the option of submitting their first AFH at a date later than would otherwise be required for program participants that are not States or Insular Areas, not qualified PHAs, and are not grantees receiving a small CDBG grant, as proposed to be defined in this notice. This supplemental notice of proposed rulemaking therefore re-opens the public comment period on the Affirmatively Furthering Fair Housing proposed rule for an additional 30 days solely to seek comment on these specific issues. HUD is not soliciting comment on any other issues related to HUD's July 19, 2013, proposed rule.

The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the December 8, 2014, supplemental proposed rule titled ``National Emission Standards for Hazardous Air Pollutants: Primary Aluminum Reduction Plants'' is being extended for 15 days.

This rule proposes changes to the meal pattern requirements for the Child and Adult Care Food Program (CACFP) to better align the meal patterns with the 2010 Dietary Guidelines for Americans, as required by the Healthy, Hunger-Free Kids Act of 2010 (HHFKA). The proposed changes are based on the Dietary Guidelines for Americans, science-based recommendations made by the Institute of Medicine of the National Academies in the report Child and Adult Care Food Program: Aligning Dietary Guidance for All, and input from stakeholders, as well as cost and practical considerations for CACFP institutions and facilities. In addition, this proposal would make additional revisions to the health and wellness components of CACFP to reflect several requirements set forth in the HHFKA, including making changes to the purpose of the Program and making water available to Program participants. Several of these changes would be extended to the National School Lunch Program, School Breakfast Program, and Special Milk Program to increase consistency across all Child Nutrition Programs. Implementation of this proposed rule would serve as a step towards more nutritious meals that improve the dietary habits of participants in day care.

NMFS has approved Framework Adjustment 52 to the Northeast Multispecies Fishery Management Plan. This final rule contains two modifications to the current windowpane flounder accountability measures. First, the size of the accountability measure gear-restricted areas can be reduced if we determine that improvements in windowpane flounder stock health occurred despite the catch limits being exceeded. Second, the duration of the accountability measure can be shortened if we determine that an overage of the catch limit did not occur in the year following the overage. This action allows us to implement accountability measures based on more current survey and catch data and increases fishing opportunities for the groundfish fishery while still preventing overfishing.

The Mine Safety and Health Administration's (MSHA) final rule requires underground coal mine operators to equip continuous mining machines, except full-face continuous mining machines, with proximity detection systems. Miners working near continuous mining machines face pinning, crushing, and striking hazards that result in accidents involving life-threatening injuries and death. This final rule strengthens protections for miners by reducing the potential for pinning, crushing, or striking accidents in underground coal mines.

This rule establishes air quality designations for most areas in the United States (U.S.), including areas of Indian country, for the 2012 primary annual fine particle (PM2.5) National Ambient Air Quality Standards (NAAQS). Through these designations, the Environmental Protection Agency (EPA) is identifying as ``nonattainment'' those areas that are violating the 2012 PM2.5 NAAQS based on quality-assured, certified air quality monitoring data from 2011 to 2013 or those areas that are contributing to a violation of the NAAQS in a nearby area. The EPA is initially classifying all nonattainment areas as Moderate. Also, through this final rule, the EPA is designating several areas as ``unclassifiable'' where the EPA cannot determine based on available information whether the area is meeting or not meeting the NAAQS or where the EPA has not determined whether the area contributes to a nearby violation. Additionally, the EPA is deferring initial area designations for several areas where the EPA cannot determine using available data whether the areas are meeting or are not meeting the NAAQS, but for which forthcoming data will likely result in complete and valid data needed to determine a designation. The EPA will assess these data as they become available and promulgate initial area designations for the deferred areas through a separate rulemaking action. The EPA is designating as ``unclassifiable/attainment'' all remaining areas of the country.

We are superseding Airworthiness Directive (AD) 2014-03-05, for certain Bombardier, Inc. Model BD-700-1A10 airplanes. AD 2014-03-05 required modification of the air data probes and sensors. This new AD continues to require modification of the air data probes and sensors. This new AD also adds airplanes to the applicability. This AD was prompted by a report that the manufacturer has determined that some completion centers used the heater current/brake temperature monitor unit (HBMU) logic circuit to control the line voltage of the drain mast heaters. We are issuing 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.

This rule amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.