February 2015 – Federal Register Recent Federal Regulation Documents

This rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite a Presidential notice that extended an emergency declared pursuant to the International Emergency Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.

The Department of the Treasury invites public comments with regard to future guidance required to implement provisions of the Multiemployer Pension Reform Act of 2014, Division O of the Consolidated and Further Continuing Appropriations Act, 2015, Public Law 113-235 (MPRA). MPRA generally permits a sponsor of a multiemployer defined benefit plan that is in critical and declining status to suspend certain benefits following the provision of specified notice, consideration of public comments, approval of an application for suspension, and satisfaction of other specified conditions (including a participant vote).

The Food and Drug Administration (FDA) is announcing a 1-day public meeting entitled ``Supplemental Applications Proposing Labeling Changes for Approved Drugs and Biological Products.'' The purpose of the meeting is to provide a public forum for FDA to listen to comments on the proposed rule on ``changes being effected'' supplements that was published in the Federal Register of November 13, 2013, and alternatives offered to this proposed rule. FDA is also reopening the comment period for the proposed rule to receive submissions of additional written comments on the proposed rule as well as alternative proposals presented during the public meeting.

The Environmental Protection Agency (EPA) is completing the process begun in 2005 to revise the format of the ``identification of plan'' section in 40 CFR part 52 for the Guam State Implementation Plan (SIP). Specifically, the EPA is adding the nonregulatory provisions and quasi-regulatory measures to the revised ``identification of plan'' section. The nonregulatory provisions and quasi-regulatory measures affected by this format revision have been previously submitted by the Territory of Guam and approved by the EPA.

The Coast Guard is seeking public comment on the policy clarification proposed in this document regarding the specific medical documentation the Coast Guard will consider in determining whether a medical waiver is warranted for merchant mariners with cardiomyopathy, diabetes mellitus, or obstructive sleep apnea. Additionally, the proposed policy clarification specifies that narcolepsy, idiopathic hypersomnia, and other hypersomnias of central origin, are medically disqualifying and generally not waiverable due to significant risk of sudden and unpredictable incapacitation of individuals who have these conditions.

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A300 series airplanes; Model A300 B4-600, B4-600R, and F4- 600R series airplanes, and A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes); and Model A310 series airplanes. This proposed AD was prompted by reports of cracked aluminum support struts of the trimmable horizontal stabilizer (THS) caused by stress corrosion. This proposed AD would require inspections to identify the part number of each support strut, repetitive inspections for cracking of the THS support strut ends, installation of reinforcing clamps on strut ends, and replacement of support struts, if necessary. We are proposing this AD to detect and correct cracked THS support struts, which could lead to the rupture of all four support struts making the remaining structure unable to carry limit loads, which could result in loss of the THS and reduced control of the airplane.

We are superseding Airworthiness Directive (AD) 2012-09-07 for certain Airbus Model A319-111, -112, and -132 airplanes; Model A320- 111, -211, -212, -214, and -232 airplanes; and Model A321-111, -211, - 212, and -231 airplanes. AD 2012-09-07 required an electrical bonding test between the gravity fill re-fuel adaptor and the top skin panels on the wings; and, if necessary, an inspection for corrosion of the component interface and adjacent area; and repairing the gravity fuel adaptor if necessary. This new AD adds airplanes to the applicability and requires inspecting those airplanes to determine if a repair was done, and doing the electrical bonding test and corrective action if necessary. This AD was prompted by a determination that more airplanes are subject to the identified unsafe condition. We are issuing this AD to detect and correct corrosion and improper bonding, which, in combination with a lightning strike in this area, could create a source of ignition in a fuel tank, resulting in a fire or explosion and consequent loss of the airplane.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. This AD was prompted by reports of fuselage skin cracks at the lower forward corner of the main entry door (MED) 1 cutout. This AD requires repetitive inspections of the fuselage skin of the MED 1 cutout for cracking, and repair if necessary; and also provides an optional terminating modification, including post-repair or post-modification fuselage skin inspections for cracking, and corrective actions if necessary. We are issuing this AD to detect and correct skin cracking, which can become large and could adversely affect the structural integrity of the airplane.

We are superseding Airworthiness Directive (AD) 2007-22-10 for all Airbus Model A330-200, A330-300, A340-200, A340-300, A340-500, and A340-600 series airplanes. AD 2007-22-10 required repetitive inspections of the left-hand and right-hand wing main landing gear (MLG) rib 6 aft bearing lugs (forward and aft) to detect any cracks on the two lugs, and replacement if necessary. Since we issued AD 2007-22- 10, we have received reports of additional cracking of the MLG rib 6 aft bearing forward lug. This new AD expands the applicability and reduces certain compliance times. We are issuing this AD to detect and correct cracking of the MLG rib 6 aft bearing lugs, which could result in collapse of the MLG upon landing.

The Environmental Protection Agency (EPA) is proposing to approve the Commonwealth of Pennsylvania's September 5, 2014 request to redesignate to attainment the Pennsylvania portion of the Philadelphia- Wilmington, PA-NJ-DE nonattainment area (hereafter ``the Philadelphia Area'' or ``the Area'') for both the 1997 annual and the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS or standards). EPA is also proposing to approve as a revision to the Pennsylvania State Implementation Plan (SIP) the associated maintenance plan to show maintenance of the 1997 annual and the 2006 24-hour PM2.5 NAAQS through 2025 for the Pennsylvania portion of the Area. EPA is also proposing to approve the motor vehicle emissions budgets (MVEBs) included in Pennsylvania's maintenance plan for the Pennsylvania portion of the Area for both the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA is also proposing to determine that the Pennsylvania portion of the Philadelphia Area continues to attain both the 1997 annual and the 2006 24-hour PM2.5 NAAQS. In addition, EPA is proposing to approve the 2007 emissions inventory included in the maintenance plan for the Pennsylvania portion of the Area for the 2006 24-hour PM2.5 NAAQS. In this rulemaking action, EPA also addresses the effects of several decisions of the United States Court of Appeals for the District of Columbia (D.C. Circuit Court) and a decision of the United States Supreme Court: (1) The D.C. Circuit Court's August 21, 2012 decision to vacate and remand to EPA the Cross-State Air Pollution Control Rule (CSAPR); (2) the Supreme Court's April 29, 2014 reversal of the vacature of CSAPR, and remand to the D.C. Circuit Court; (3) the D.C. Circuit Court's October 23, 2014 decision to lift the stay of CSAPR; and (4) the D.C. Circuit Court's January 4, 2013 decision to remand to EPA two final rules implementing the 1997 annual PM2.5 NAAQS. This rulemaking action to propose approval of the 1997 annual and 2006 24-hour PM2.5 NAAQS redesignation request and associated maintenance plan for the Pennsylvania portion of the Philadelphia Area is based on EPA's determination that Pennsylvania has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA) for both the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA has taken separate rulemaking actions to approve the redesignation of the New Jersey portion and the Delaware portion of the Philadelphia Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS. See 78 FR 54396, September 4, 2013 (for the New Jersey portion of the Area), and 79 FR 45350, August 5, 2014 (for the Delaware portion of the Area).

The Environmental Protection Agency (EPA) is proposing to determine that the Dallas/Fort Worth (DFW) 8-hour ozone nonattainment area did not attain the 1997 8-hour ozone national ambient air quality standard (NAAQS or standard) by June 15, 2013, the attainment deadline set forth in the Code of Federal Regulations (CFR) for a Serious ozone nonattainment area under this standard. This proposal is based on EPA's review of complete, quality assured and certified ambient air quality monitoring data for the 2010-2012 monitoring period that are available in the EPA Air Quality System (AQS) database. If the EPA finalizes this determination, the DFW area will be reclassified by operation of law as a Severe ozone nonattainment area for the 1997 8-hour ozone standard. The EPA is also proposing that Texas must submit to the EPA the State Implementation Plan (SIP) revisions to address the Severe ozone nonattainment area requirements of the Act no later than one year after the effective date of the final rulemaking for this reclassification.

The Consumer Financial Protection Bureau (CFPB) issued a final rule entitled ``Truth in Lending (Regulation Z) Annual Threshold Adjustments (CARD ACT, HOEPA and ATR/QM)'' on August 15, 2014. The final rule re-calculated the annual dollar amounts for the points and fees limit in CFPB's ``qualified mortgage'' definition to reflect the annual percentage change in the Consumer Price Index in effect on June 1, 2014. HUD's ``qualified mortgage'' definition incorporates CFPB's qualified mortgage points and fees limit and the requirement that the points and fees limit be adjusted annually. This document clarifies that all annual adjustments to the qualified mortgage points and fees limit issued by the CFPB to reflect the Consumer Price Index apply to HUD's points and fees limit provision, including CFPB's most recent final rule.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years a non-substantive change to a currently approved information collection requirements contained in the regulations in the ``Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz.'' The information collection requirement was approved on December 23, 2014 by OMB.

This document announces the extension of the timeline for publication of the ``Medicare Program; Reporting and Returning of Overpayments'' final rule. We are issuing this notice in accordance with the Social Security Act (the Act) which requires notice to be provided in the Federal Register if there are exceptional circumstances that cause us to publish a final rule more than 3 years after the publication date of the proposed rule. In this case, the complexity of the rule and scope of comments warrants the extension of the timeline for publication.

This action amends VHF Omnidirectional Range (VOR) Federal Airway V-330 in the vicinity of Mountain Home, ID. The FAA is taking this action to correct the V-330 description contained in Part 71 to ensure it matches the information contained in the FAA's aeronautical database, matches the depiction on the associated charts, and promotes safety and efficiency within the National Airspace System (NAS).

This action amends the legal description of three Jet Routes, one High Altitude Area Navigation (RNAV) Route (Q-route), and five VHF Omnidirectional Range (VOR) Federal Airways in the vicinity of Baton Rouge, LA. The FAA is taking this action because the Baton Rouge VHF Omnidirectional Range/Tactical Air Navigation (VORTAC) navigation aid, included as part of the route structure for the airways, is being renamed the Fighting Tiger VORTAC.

We are proposing amendments to our rules to implement Section 955 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which requires annual meeting proxy statement disclosure of whether employees or members of the board of directors are permitted to engage in transactions to hedge or offset any decrease in the market value of equity securities granted to the employee or board member as compensation, or held directly or indirectly by the employee or board member. The proposed disclosure would be required in a proxy statement or information statement relating to an election of directors, whether by vote of security holders at a meeting or an action authorized by written consent.

The U.S. Environmental Protection Agency (EPA) is proposing this action to correct and clarify certain text of the final action titled ``National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial- Institutional Steam Generating Units,'' which was published in the Federal Register of Thursday, February 16, 2012. We are also proposing to remove rule provisions establishing an affirmative defense for malfunction events in light of a recent court decision on the issue.

This action corrects an omission in the final rule to designate critical habitat for three DPSs of rockfish from the Puget Sound/Georgia Basin. The final rule for ``Designation of Critical Habitat for the Puget Sound/Georgia Basin Distinct Population Segments of Yelloweye Rockfish, Canary Rockfish and Bocaccio'' failed to update the columns labeled ``Critical habitat,'' in the tables of threatened and endangered species to cross reference these new rules. Therefore, this document corrects the tables by citing the critical habitat designations in the columns of the tables.

This document announces a CMS Ruling that states the CMS policies for implementing United States v. Windsor (``Windsor''), in which the Supreme Court held that section 3 of the Defense of Marriage Act (DOMA), enacted in 1996, is unconstitutional. Section 3 of DOMA defined ``marriage'' and ``spouse'' as excluding same-sex marriages and same-sex spouses, and effectively precluded the Federal government from recognizing same-sex marriages and spouses.

NMFS is prohibiting retention of big skate in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2015 total allowable catch of big skate in the Central Regulatory Area of the GOA will be reached.

The U.S. Army Corps of Engineers (USACE) is issuing this advance notice of proposed rulemaking (ANPR) to request public comment on potential revisions to its regulations. USACE is specifically requesting input on potential changes to policies related to disaster preparedness; eligibility criteria for rehabilitation assistance for flood control works; options to address complex natural resource challenges while mitigating impacts to threatened or endangered species; and non-structural alternative projects. Consideration of Water Resources Reform and Development Act of 2014 provisions regarding resiliency for hurricane or shore protection projects, Section 3022, and the inclusion of modifications for hurricane or shore protection projects, Section 3029, are not covered by this advanced notice of proposed rulemaking and may be addressed at a later date.

The Office of Natural Resources Revenue (ONRR) published a notice of proposed rulemaking in the Federal Register on January 6, 2015, (80 FR 608). ONRR invited the public to submit written comments by March 9, 2015. ONRR is granting a 60-day extension to the comment period in response to stakeholder requests.

The Coast Guard proposes to amend the regulations established for recurring marine events and fireworks displays that take place within the Fifth Coast Guard District area of responsibility. Under that rule, the list of recurring marine events requiring special local regulations or safety zones is updated with revisions, additional events, and removal of events that no longer take place in the Fifth Coast Guard District. When these regulations are enforced, certain restrictions are placed on marine traffic in specified areas. This rulemaking project promotes efficiency by eliminating the need to produce a separate rule for each individual recurring event, and serves to provide notice of the known recurring events requiring a special local regulation or safety zone throughout the year.

The Environmental Protection Agency (EPA) is proposing to approve the State of Alabama's November 14, 2014, State Implementation Plan (SIP) revision, submitted through the Alabama Department of Environmental Management (ADEM), in support of the State's request that EPA change the Federal Reid Vapor Pressure (RVP) requirements for Jefferson and Shelby Counties (hereinafter referred to as the ``Birmingham Area'' or ``Area''). Alabama's November 14, 2014, SIP revision evaluates whether changing the Federal RVP requirements in this Area would interfere with the Area's ability to meet the requirements of the Clean Air Act (CAA or Act). Specifically, Alabama's SIP revision concludes that relaxing the Federal RVP requirement from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline sold between June 1 and September 15 of each year in the Area would not interfere with attainment or maintenance of the national ambient air quality standards (NAAQS) or with any other CAA requirement. EPA has preliminarily determined that Alabama's November 14, 2014, SIP revision is consistent with the applicable provisions of the CAA.