February 24, 2015 – Federal Register Recent Federal Regulation Documents

The Oklahoma Department of Environmental Quality (ODEQ) has submitted updated regulations for receiving delegation of Environmental Protection Agency (EPA) authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action does not apply to sources located in Indian Country. EPA is taking direct final action to approve the delegation of certain NESHAPs to ODEQ.

This document corrects technical errors that appeared in the final rule with comment period published in the Federal Register on November 10, 2014, entitled ``Medicare and Medicaid Programs: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Physician-Owned Hospitals: Data Sources for Expansion Exception; Physician Certification of Inpatient Hospital Services; Medicare Advantage Organizations and Part D Sponsors: CMS-Identified Overpayments Associated with Submitted Payment Data.''

The Commission approves Demand and Energy Data Reliability Standard MOD-031-1 developed by the North American Electric Reliability Corporation (NERC), which the Commission has certified as the Electric Reliability Organization responsible for developing and enforcing mandatory Reliability Standards. In addition, the Commission directs NERC to develop a clarifying modification to the Reliability Standard.

The Louisiana Department of Environmental Quality (LDEQ) has submitted updated regulations for receiving delegation of Environmental Protection Agency (EPA) authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action does not apply to sources located in Indian Country. EPA is providing notice that it is updating the delegation of certain NSPS to LDEQ and taking direct final action to approve the delegation of certain NESHAPs to LDEQ.

The Food and Drug Administration (FDA) is classifying the powered exoskeleton into class II (special controls). The special controls that will apply to the device are identified in this order and will be part of the codified language for the powered exoskeleton's classification. The Agency is classifying the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-300, -400, and -500 series airplanes. This proposed AD was prompted by reports of fatigue cracking found at the left-side and right-side upper frame, at a certain area. This proposed AD would require repetitive medium frequency eddy current (MFEC) inspections for cracking of the left-side and right-side upper frame, and repair (including open hole high frequency eddy current (HFEC) inspections for cracking of fastener holes) if necessary. This proposed AD also provides an optional preventative modification which would terminate the repetitive inspections at the modified location. We are proposing this AD to detect and correct fatigue cracking, which if not corrected, can grow in size and result in a severed frame, which could lead to rapid decompression and reduced structural integrity of the airplane.

The Department of the Interior (DOI), acting through BOEM and BSEE, proposes to revise and add new requirements to regulations for exploratory drilling and related operations on the Outer Continental Shelf (OCS) seaward of the State of Alaska (Alaska OCS). The Alaska OCS has the potential to be an integral part of the Nation's ``all of the above'' domestic energy strategy. This proposed rule focuses solely on the OCS within the Beaufort Sea and Chukchi Sea Planning Areas (Arctic OCS). The Arctic region is characterized by extreme environmental conditions, geographic remoteness, and a relative lack of fixed infrastructure and existing operations. The proposed rule is designed to ensure safe, effective, and responsible exploration of Arctic OCS oil and gas resources, while protecting the marine, coastal, and human environments, and Alaska Natives' cultural traditions and access to subsistence resources.

We are adopting a new airworthiness directive (AD) for Bell Helicopter Textron Inc. (Bell) Model 412 and 412EP helicopters with certain static inverters (inverters) installed. This AD requires revising the Rotorcraft Flight Manual (RFM) and installing a placard in full view of the pilot to limit flight to visual flight rules (VFR) only and prohibit night operations. This AD is prompted by failures of certain inverters, most of which resulted in smoke in the cockpit. The actions specified by this AD are intended to restrict flight to VFR only and prohibit night operations to allow safe operation in the event of failure of an affected inverter. This failure would increase pilot workload during instrument flight rules (IFR) and could result in loss of certain pilot information displays and subsequent loss of control of the helicopter.

This rule establishes in the Code of Federal Regulations the National Language Services Corps (NLSC) by describing the program and its responsibilities per the January 2013 National Defense Authorization Act which authorized the Secretary of Defense to establish the NLSC as a permanent organization. The NLSC responds to federal agencies' needs for language skills in emergencies or surge requirements. Once a federal agency identifies a need, NLSC members are advised of the potential assignment. If an individual is interested and available, they go through a screening and selection process as discussed in the rule. The decision to use NLSC rests with the requesting agency and support agreements must be established before work can begin.

GSA is proposing to amend the Federal Property Management Regulations (FPMR) and the Federal Management Regulation (FMR) by migrating regulations regarding the supply and procurement of Government personal property management from the FPMR to the FMR. The FPMR will contain a cross-reference to direct readers to the coverage in the FMR. This proposed rule also eliminates material that is not regulatory in nature, is overly prescriptive, outdated, addressed in other policy, or no longer appropriate for today's Government business environment. This case is included in GSA's retrospective review of existing regulations under Executive Order 13563. Additional information is available at www.gsa.gov/improvingregulations.

We, the National Marine Fisheries Service (NMFS), announce a 12-month finding on a petition from the Center for Biological Diversity to revise the critical habitat designation for the Southern Resident killer whale (Orcinus orca) Distinct Population Segment (DPS) under the Endangered Species Act (ESA). In November 2006 we issued a final rule designating approximately 2,560 square miles (6,630 square km) of inland waters of Washington State as critical habitat for the Southern Resident killer whale DPS. The January 2014 petition requests we revise this critical habitat to include Pacific Ocean marine waters along the West Coast of the United States that constitute essential foraging and wintering areas for Southern Resident killer whales. Additionally, the petition requests that we adopt as a primary constituent element (PCE), for both currently designated critical habitat and the proposed revised critical habitat, protective in-water sound levels. The ESA defines a process for responding to petitions to revise critical habitat. We have reviewed the public comments and best available information on Southern Resident killer whale habitat use and as the next step in the response to the petition process defined in the ESA, this 12-month determination describes how we intend to proceed with the requested revision.