March 26, 2015 – Federal Register Recent Federal Regulation Documents

Kentucky Regulatory Program
Document Number: 2015-06962
Type: Proposed Rule
Date: 2015-03-26
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are reopening the public comment period on the proposed amendment to the Kentucky regulatory program (the Kentucky program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) that was originally published on February 20, 2013. The public comment period and opportunity for public hearing is being reopened to incorporate subsequent information (emergency regulations, permanent regulations, legislation, and revised statutes) that we received from Kentucky to address a deficiency in the Kentucky program regarding reclamation bonds and to revise its program to be administered in a manner consistent with SMCRA and the Federal regulations. This document gives the times and locations that this proposed amendment to the Kentucky program is available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Privacy Act of 1974; Implementation
Document Number: 2015-06938
Type: Proposed Rule
Date: 2015-03-26
Agency: Department of Justice
As described in the notice section of this issue of the Federal Register, the Department of Justice (Department or DOJ) has published a notice of a new Department-wide Privacy Act system of records, ``Department of Justice, Giglio Information Files,'' JUSTICE/ DOJ-017. This system has been established to enable DOJ investigative agencies to collect and maintain records of potential impeachment information and to disclose such information to DOJ prosecuting offices in order to ensure that prosecutors receive sufficient information to meet their obligations under Giglio v. United States, 405 U.S. 150 (1972), as well as to enable DOJ prosecuting offices to maintain records of potential impeachment information obtained from DOJ investigative agencies, other federal agencies, and state and local agencies and to disclose such information in accordance with the Giglio decision. For the reasons provided below, the Department proposes to amend its Privacy Act regulations by establishing an exemption for records in this system from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k).
Approval and Promulgation of Air Quality Implementation Plans; State of New Mexico; Infrastructure SIP Requirements for the 2008 Ozone and 2010 Nitrogen Dioxide National Ambient Air Quality Standards; Interstate Transport of Fine Particulate Matter Air Pollution Affecting Visibility
Document Number: 2015-06932
Type: Proposed Rule
Date: 2015-03-26
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve elements of a State Implementation Plan (SIP) submission from the State of New Mexico addressing the applicable requirements of Clean Air Act (CAA) section 110 for the 2008 National Ambient Air Quality Standards (NAAQS) for Ozone (O3) and the 2010 NAAQS for Nitrogen Dioxide (NO2), both of which require that each state adopt and submit a SIP to support implementation, maintenance, and enforcement of each new or revised NAAQS promulgated by EPA. These SIPs are commonly referred to as ``infrastructure'' SIPs. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. EPA is also proposing to find that the State of New Mexico meets the 2006 fine particulate matter (PM2.5) NAAQS requirement pertaining to interstate transport of air pollution and visibility protection.
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Program
Document Number: 2015-06928
Type: Rule
Date: 2015-03-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues regulations to implement Amendment 31 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). These regulations revise the rules governing the acquisition, use, and retention of quota share established for captains and crew, known as crew quota share or C shares, under the Crab Rationalization Program (CR Program). Regulations implementing Amendment 31 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 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. In addition, this final rule implements a regulatory amendment to the CR Program that: Establishes an earlier deadline for filing annual IFQ, individual processing quota (IPQ), and crab harvesting cooperative IFQ applications, which increases the amount of time during which NMFS will suspend the processing of IFQ and IPQ transfer applications; shortens the amount of time in which to appeal an initial administrative determination to withhold issuance of IFQ or IPQ; and provides that an applicant's proof of timely filing for IFQ, IPQ, or cooperative IFQ creates a presumption of timely filing. Finally, this final rule revises the reporting period and due date for CR Program registered crab receiver (RCR) Ex-vessel Volume and Value Reports. This final rule 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 final rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the FMP, and other applicable laws.
Digital Performance Right in Sound Recordings and Ephemeral Recordings
Document Number: 2015-06896
Type: Proposed Rule
Date: 2015-03-26
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are publishing for comment proposed regulations governing the rates and terms for the digital performances of sound recordings by certain public radio stations and for the making of ephemeral recordings necessary to facilitate those transmissions for the period commencing January 1, 2016, and ending on December 31, 2020.
Prohibition of Fixed-Wing Special Visual Flight Rules Operations at Washington-Dulles International Airport
Document Number: 2015-06895
Type: Rule
Date: 2015-03-26
Agency: Federal Aviation Administration, Department of Transportation
This action prohibits fixed-wing special visual flight rules operations at Washington-Dulles International Airport. This action is necessary to support aviation safety and the efficient use of the navigable airspace by managing operations in the busy and complex airspace around the airport.
Payment Limitation and Payment Eligibility; Actively Engaged in Farming
Document Number: 2015-06855
Type: Proposed Rule
Date: 2015-03-26
Agency: Department of Agriculture, Commodity Credit Corporation
The Farm Service Agency (FSA) is proposing to revise regulations on behalf of the Commodity Credit Corporation (CCC) to specify the requirements for a person to be considered actively engaged in farming for the purpose of payment eligibility for certain FSA and CCC programs. Specifically, this rulemaking proposes to revise and clarify the requirements for a significant contribution of active personal management to a farming operation. These changes are required by the Agricultural Act of 2014 (the 2014 Farm Bill). The provisions of this rule would not apply to persons or entities comprised solely of family members. The rule would not change the existing regulations as they relate to contributions of land, capital, equipment, or labor, or the existing regulations related to landowners with a risk in the crop or to spouses.
Federal Motor Carrier Safety Regulations; Regulatory Guidance Concerning Crashes Involving Vehicles Striking Attenuator Trucks Deployed at Construction Sites
Document Number: 2015-06817
Type: Rule
Date: 2015-03-26
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA provides regulatory guidance concerning crashes involving motor vehicles striking the rear of attenuator trucks deployed at construction sites and whether such crashes meet the definition of ``accident'' under 49 CFR 390.5 for the motor carrier that controls the attenuator truck. Attenuator trucks are highway safety vehicles equipped with an impact attenuating crash cushion intended to reduce the risks of injuries and fatalities resulting from crashes in construction work zones. The guidance explains that such crashes in which motorists strike the attenuator trucks while they are deployed at construction work zones are not covered by the definition of accident and such occurrences will not be considered by FMCSA under its Compliance, Safety, Accountability Safety Measurement System (SMS) scores, or Safety Fitness Determination for the motor carrier that controls the attenuator truck. This guidance will provide the motor carrier industry and Federal, State, and local law enforcement officials with uniform information for use in determining whether certain crashes involving attenuator vehicles must be recorded on the motor carrier's accident register and considered in the Agency's safety oversight programs.
Energy Conservation Program for Consumer Products: Energy Conservation Standards for Direct Heating Equipment and Pool Heaters
Document Number: 2015-06809
Type: Proposed Rule
Date: 2015-03-26
Agency: Department of Energy
The U.S. Department of Energy (DOE) is initiating a rulemaking to consider amended energy conservation standards for direct heating equipment and pool heaters. Once completed, this rulemaking will fulfill DOE's statutory obligation to either propose amended energy conservation standards for these products or to determine that the existing standards do not need to be amended. This RFI seeks to solicit information to help DOE determine whether national standards more stringent than those that are currently in place would result in a significant amount of additional energy savings and whether such amended national standards would be technologically feasible and economically justified. In overview, this document presents a brief description of the analysis DOE plans to perform for this rulemaking and requests comment on various issues relating to each of the analyses (e.g., market assessment, engineering analysis, energy use analysis, life-cycle cost and payback period analysis, national impact analysis, and manufacturer impact analysis). Although this document contains several specific topics on which the Department is particularly interested in receiving written comment, DOE welcomes suggestions and information from the public on any subject within the scope of this rulemaking, including topics not raised in this RFI.
Retrospective Review and Regulatory Flexibility
Document Number: 2015-06762
Type: Proposed Rule
Date: 2015-03-26
Agency: Department of Labor
On February 3, 2015, the Department of Labor (DOL or the Department) published a Request for Information (RFI) in response to Executive Order 13563 on improving regulation and regulatory review, and Executive Order 13610 on identifying and reducing regulatory burden. The RFI invited public comment on how the Department can improve any of its significant regulations by modifying, streamlining, expanding, or repealing them. The comment period ended on February 25, 2015, and was subsequently extended to March 18, 2015. This extension further extends the date to comment on the RFI.
Defense Federal Acquisition Regulation Supplement; Technical Amendments
Document Number: 2015-06760
Type: Rule
Date: 2015-03-26
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes.
Defense Federal Acquisition Regulation Supplement: Use of Military Construction Funds (DFARS Case 2015-D006)
Document Number: 2015-06759
Type: Rule
Date: 2015-03-26
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2015, that require offerors bidding on DoD military construction contracts to provide opportunity for competition to American steel producers, fabricators, and manufacturers; and restrict use of military construction funds in certain foreign countries, including countries that border the Arabian Gulf.
Defense Federal Acquisition Regulation Supplement: Deletion of Text Implementing 10 U.S.C. 2323 (DFARS Case 2011-D038)
Document Number: 2015-06757
Type: Rule
Date: 2015-03-26
Agency: Defense Acquisition Regulations System, Department of Defense
DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove language based on a statute that provided the underlying authority for DoD's Small Disadvantaged Business (SDB) program. This action is necessary because the statute has expired.
Federal Agricultural Mortgage Corporation General Provisions; Federal Agricultural Mortgage Corporation Governance; Federal Agricultural Mortgage Corporation Risk Management; Federal Agricultural Mortgage Corporation Disclosure and Reporting; Farmer Mac Corporate Governance and Standards of Conduct
Document Number: 2015-06755
Type: Proposed Rule
Date: 2015-03-26
Agency: Farm Credit Administration, Agencies and Commissions
The Farm Credit Administration (FCA, we, or our) is proposing new regulations, and clarifying and enhancing existing regulations, related to the Federal Agricultural Mortgage Corporation (Farmer Mac or Corporation) Board governance and standards of conduct, including director election procedures, conflict-of-interest, and risk governance. We also propose enhancements to existing disclosure and reporting requirements to remove repetitive reporting and allow for electronic filing of reports. In keeping with today's financial and economic environment, we believe it prudent and timely to undertake a review of our regulatory guidance on the identified areas. We also propose rules on the examination and enforcement authorities held by the FCA Office of Secondary Market Oversight (OSMO) over Farmer Mac.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2015-06745
Type: Proposed Rule
Date: 2015-03-26
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede Airworthiness Directive (AD) 2012-18- 05, which applies to The Boeing Company Model DC-9-10, DC-9-20, DC-9- 30, DC-9-40, and DC-9-50 series airplanes; and Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), MD-88, and MD-90-30 airplanes; equipped with a center wing fuel tank and Boeing original equipment manufacturer-installed auxiliary fuel tanks. AD 2012-18-05 currently requires adding design features to detect electrical faults and to detect a pump running in an empty fuel tank. Since we issued AD 2012-18-05, we have determined that it is necessary to clarify the actions for airplanes on which the auxiliary fuel tanks are removed. This proposed AD would allow certain actions as optional methods of compliance. We are proposing this AD to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
National Priorities List
Document Number: 2015-06728
Type: Proposed Rule
Date: 2015-03-26
Agency: Environmental Protection Agency
The Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule proposes to add six sites to the General Superfund section of the NPL.
Housing Trust Fund
Document Number: 2015-06724
Type: Rule
Date: 2015-03-26
Agency: Federal Housing Finance Agency
The Federal Housing Finance Agency (FHFA) is issuing a final rule setting forth requirements related to allocations by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (together, the Enterprises) to the Housing Trust and Capital Magnet Funds created by the Housing and Economic Recovery Act of 2008. The rule implements a statutory prohibition against the Enterprises passing the cost of such allocations through to the originators of loans they purchase or securitize, and finalizes and continues an interim final rule FHFA issued on December 16, 2014.
Approval, Disapproval, and Limited Approval and Disapproval of Air Quality Implementation Plans; California; Monterey Bay Unified Air Pollution Control District; Stationary Source Permits
Document Number: 2015-06705
Type: Rule
Date: 2015-03-26
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking final action to approve certain revisions to the Monterey Bay Unified Air Pollution Control District (MBUAPCD or District) portion of the applicable state implementation plan (SIP) for the State of California and to disapprove certain other revisions. This action was proposed in the Federal Register on October 15, 2014. These revisions include submittal of certain new or revised rules governing the issuance of permits for stationary sources, including review and permitting of minor sources, and major sources and major modifications under part C of title I of the Clean Air Act (CAA). EPA is taking this action under the Clean Air Act obligation to take action on State submittals of revisions to state implementation plans. The intended effect is to update the applicable SIP with current MBUAPCD permitting rules and set the stage for remedying certain deficiencies in these rules.
Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Revisions to Emission Inventory Requirements, and General Provisions
Document Number: 2015-06701
Type: Rule
Date: 2015-03-26
Agency: Environmental Protection Agency
On February 2, 2015, the Environmental Protection Agency (EPA) published a direct final rule approving revisions to the Albuquerque/ Bernalillo County, New Mexico State Implementation Plan. These revisions add definitions and clarifying changes to the general provisions and add a new emissions inventory regulation that establishes reporting requirements for stationary sources in Albuquerque/Bernalillo County. The direct final rule was published without prior proposal because EPA anticipated no adverse comments. EPA stated in the direct final rule that if we received relevant, adverse comments by March 4, 2015, EPA would publish a timely withdrawal in the Federal Register. EPA received a comment on February 20, 2015 from the Sierra Club stating in relevant part, that an Acting Regional Administrator cannot sign approvals, disapprovals, or any combination of approvals or disapproval, in whole or in part, due to the fact that the authority to act on agency actions on state implementation plans is delegated only to, and therefore can only be signed by, the Regional Administrator. EPA considers this a relevant, adverse comment and accordingly we are withdrawing our direct final rule approval, and in a separate subsequent final rulemaking we will address the comment received. The withdrawal is being taken pursuant to section 110 of the Clean Air Act (CAA).
National Priorities List
Document Number: 2015-06696
Type: Rule
Date: 2015-03-26
Agency: Environmental Protection Agency
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``the EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds two sites to the General Superfund section of the NPL.
Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands
Document Number: 2015-06658
Type: Rule
Date: 2015-03-26
Agency: Department of the Interior, Bureau of Land Management
On May 11, 2012, the Bureau of Land Management (BLM) published in the Federal Register a proposed rule titled Oil and Gas; Well Stimulation, Including Hydraulic Fracturing, on Federal and Indian Lands. Because of significant public interest in hydraulic fracturing and this rulemaking, on May 24, 2013, the BLM published in the Federal Register a supplemental notice of proposed rulemaking and request for comment titled Oil and Gas Hydraulic Fracturing on Federal and Indian Lands. The BLM has used the comments on the supplemental proposed rule and the earlier proposed rule in drafting this final rule. Key changes to the final rule include the allowable use of an expanded set of cement evaluation tools to help ensure that usable water zones have been isolated and protected from contamination, replacement of the ``type well'' concept to demonstrate well integrity with a requirement to demonstrate well integrity for all wells, more stringent requirements related to claims of trade secrets exempt from disclosure, more protective requirements to ensure that fluids recovered during hydraulic fracturing operations are contained, additional disclosure and public availability of information about each hydraulic fracturing operation, and revised records retention requirements to ensure that records of chemicals used in hydraulic fracturing operations are retained for the life of the well. The final rule also provides opportunities for the BLM to coordinate standards and processes with individual states and tribes to reduce administrative costs and to improve efficiency.
Connect America Fund; Developing a Unified Intercarrier Compensation Regime
Document Number: 2015-06642
Type: Rule
Date: 2015-03-26
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission's Wireline Competition Bureau clarifies certain rules related to the implementation of the intercarrier compensation transition for rate-of- return local exchange carriers adopted in the USF/ICC Transformation Order. Specifically, the Bureau clarifies the Commission's rules governing Eligible Recovery calculations to address limited unanticipated results of the application of the true-up process evidenced by the rate-of-return carriers' 2014 annual access tariff filings.
Rural Development Regulations-Update to FmHA References and to Census References
Document Number: 2015-06627
Type: Rule
Date: 2015-03-26
Agency: Department of Agriculture, Farm Service Agency, Rural Business-Cooperative Service, Rural Housing Service, Rural Utilities Service
This document corrects technical errors in the direct final rule that appeared in the Federal Register on February 24, 2015, entitled ``Rural Development RegulationsUpdate to FmHA References and to Census Regulations.''
Guidance for Conducting Technical Analyses for Low-Level Radioactive Waste Disposal
Document Number: 2015-06536
Type: Proposed Rule
Date: 2015-03-26
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft NUREG, NUREG-2175, ``Guidance for Conducting Technical Analyses for 10 CFR part 61.'' The NRC is proposing to amend its regulations that govern low-level radioactive waste (LLRW) disposal facilities to require new and revised site-specific technical analyses, to permit the development of site-specific criteria for LLRW acceptance based on the results of these analyses, and to facilitate implementation and better align the requirements with current health and safety standards. The NRC has prepared draft guidance to address the implementation of the proposed regulations. This notice is announcing the availability of the draft guidance for public comment.
Proposed Expansion, Regulatory Revision and New Management Plan for the Hawaiian Islands Humpback Whale National Marine Sanctuary
Document Number: 2015-06441
Type: Proposed Rule
Date: 2015-03-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration (NOAA) is proposing to expand the boundaries and scope of Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS or sanctuary), amend the regulations for HIHWNMS, change the name of the sanctuary, and revise the sanctuary's terms of designation and management plan. The purpose of this action is to transition the sanctuary from a single- species management approach to an ecosystem-based management approach. A draft environmental impact statement and draft revised management plan have been prepared for this proposed action. NOAA is soliciting public comment on the proposed rule, draft environmental impact statement, and draft revised management plan.
Low-Level Radioactive Waste Disposal
Document Number: 2015-06429
Type: Proposed Rule
Date: 2015-03-26
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that govern low-level radioactive waste (LLRW) disposal facilities to require new and revised site-specific technical analyses, to permit the development of site-specific criteria for LLRW acceptance based on the results of these analyses, to facilitate implementation, and to better align the requirements with current health and safety standards. This proposed rule would affect LLRW disposal licensees or license applicants that are regulated by the NRC or the Agreement States.
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