April 21, 2015 – Federal Register Recent Federal Regulation Documents

The Coast Guard will enforce ``the Great Steam Boat Race'' safety zone for all waters of the Ohio River, beginning at mile marker 596.8 and ending at 604.3, Louisville, KY. This rule is effective from 6 p.m. to 8 p.m. on April 29, 2015. This action is necessary to protect person, property, and infrastructure from potential damage and safety hazards associated with ``the Great Steam Boat Race.'' During the enforcement period, deviation from the safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative.

The Bureau of Consumer Financial Protection (Bureau) is reissuing a prior interpretive rule regarding the provision of lists of HUD-approved housing counseling agencies to mortgage loan applicants with additional interpretations describing permissible addresses for list generation, as well as additional details for generation. This interpretive rule also provides guidance, in addition to existing commentary, on the qualifications for providing high-cost mortgage counseling and on lender participation in such counseling. This interpretive rule continues to describe data instructions for lenders to use in complying with the requirement under the High-Cost Mortgage and Homeownership Counseling Amendments to the Truth in Lending Act (Regulation Z) and Homeownership Counseling Amendments to the Real Estate Settlement Procedures Act (RESPA Homeownership Counseling Amendments) Final Rule to provide a homeownership counseling list using data made available by the Bureau or Department of Housing and Urban Development (HUD).

NMFS approves and implements through regulations the measures included in Framework Adjustment 26 to the Atlantic Sea Scallop Fishery Management Plan, which the New England Fishery Management Council adopted and submitted to NMFS for approval. The purpose of Framework 26 is to prevent overfishing, improve yield-per-recruit, and improve the overall management of the Atlantic sea scallop fishery. Framework 26 sets fishing specifications for 2015, including catch limits, days-at- sea allocations, individual fishing quotas, and sea scallop access area trip allocations. In addition, Framework 26 closes a portion of the Elephant Trunk Access Area and extends the boundaries of the Nantucket Lightship Access Area to protect small scallops, adjusts the State Waters Exemption Program, allows for Vessel Monitoring System declaration changes for vessels to steam home with product on board, implements a proactive accountability measure to protect windowpane flounder and yellowtail flounder, aligns two gear measures designed to protect sea turtles, and implements other measures to improve the management of the scallop fishery. Aligning the gear measures designed to protect sea turtles involves modifying existing regulations implemented under the Endangered Species Act; therefore, this action is implemented under joint authority of the Endangered Species Act and the Magnuson-Stevens Fishery Conservation and Management Act.

This action corrects a final rule; technical amendment, published in the Federal Register on April 7, 2015, that made a correction to a typographical error to R-6703A, R-6703B, R-6703C, R- 6703D, R-6703E and R-6703F at Joint Base Lewis-McChord, WA. Due to a submission error, the abbreviation for West in the longitude description of restricted area R-6703A was entered as ``N''. This action corrects the boundary description of R-6703A by changing the longitude direction to ``W''.

The Coast Guard announces the availability of Office of Commercial Vessel Compliance (CVC) Policy Letter 14-03, Evaluating Sea Service Aboard Liftboats. This policy letter will provide guidance to mariners concerning endorsements to Merchant Mariner Credentials (MMC) for service on liftboats.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan revision submitted by the State of North Carolina, through North Carolina Department of Environment and Natural Resources, on July 7, 2014, to address the base year emissions inventory and emissions statement requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS) for the State's portion of the Charlotte Gastonia-Rock Hill, North Carolina-South Carolina Area. Annual emissions reporting (i.e., emission statement) and a base year emissions inventory are required for all ozone nonattainment areas. The Area is comprised of the entire county of Mecklenburg and portions of Cabarrus, Gaston, Iredell, Lincoln, Rowan and Union Counties in North Carolina; and a portion of York County in South Carolina. EPA will consider and take action on the South Carolina submission for the emissions inventory and emissions statement for its portion of this Area in a separate action.

The Coast Guard is establishing a temporary safety zone during the Xterra swim, a swimming race occurring on waters of the Intracoastal Waterway in Myrtle Beach, South Carolina. The Xterra Swim is scheduled to take place on Sunday, May 3, 2015. The temporary safety zone is necessary for the safety of the swimmers, participant vessels, spectators, and the general public during the event. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the draw of the Coleman Memorial Bridge (US 17/George P. Coleman Memorial Swing Bridge) across the York River, mile 7.0, between Gloucester Point and Yorktown, VA. This deviation is necessary to facilitate maintenance work on the moveable spans on the Coleman Memorial Bridge. This temporary deviation allows the drawbridge to remain in the closed to navigation position.

The Coast Guard is implementing an operating schedule that governs the Valero pontoon-supported swing bridge across Taylor Bayou Outfall Canal (Joint Outfall Canal (JOC)), mile 2.44, West Port Arthur, Jefferson County, Texas. This bridge provides for Valero's maintenance vehicles and contractors to cross the waterway. The regulation will allow the bridge to remain in the open-to-navigation position except during two scheduled daily closures. This regulation increases the efficiency of operations allowing for the safe navigation of vessels through the bridge while recognizing the bridge's importance to the facility that it serves.

The Bureau of Land Management (BLM) is issuing this Advanced Notice of Proposed Rulemaking (ANPR) to solicit public comments and suggestions that may be used to update the BLM's regulations related to royalty rates, annual rental payments, minimum acceptable bids, bonding requirements, and civil penalty assessments for Federal onshore oil and gas leases. As explained below, each of these elements is important to the appropriate management of the public's oil and gas resources. They help ensure a fair return to the taxpayer, diligent development of leased resources, adequate reclamation when development is complete; and that there is adequate deterrence for violations of legal requirements, including trespass and unauthorized removal. Aspects of these elements are fixed by statute and beyond the Secretary's authority to revise; however, in many instances they have been further constrained by regulatory provisions (e.g., minimum bond amounts) that have not been reviewed or adjusted in decades. The purpose of this ANPR is to seek comments on this situation and the need for, and content of, potential changes or updates to the existing regulations in these areas. Specifically, the BLM is seeking comments and suggestions that would assist the agency in preparing a proposed rule that gives the Secretary of the Interior (Secretary), through the BLM, the flexibility to adjust royalty rates in response to changes in the oil and gas market. Absent near-term enactment of new statutory flexibility for new non-competitively issued leases, a future proposed rule would limit any contemplated royalty rate changes to new competitively issued oil and gas leases on BLM-managed lands, because the royalty rate that is charged on non-competitively issued leases is currently fixed by statute at 12.5 percent. The intent of any anticipated changes to the royalty rate regulations would be to provide the BLM with the necessary tools to ensure that the American people receive a fair return on the oil and gas resources extracted from BLM-managed lands. In addition to the royalty rate, the BLM is also seeking input on: (1) How to update its annual rental payment, minimum acceptable bid, and bonding requirements for oil and gas leases, and (2) Whether to remove the caps established by existing regulations on civil penalties that may be assessed under the Federal Oil and Gas Royalty Management Act (FOGRMA). With respect to annual rental payments, the intent of any potential increase in annual payments would be to provide a greater financial incentive for oil and gas companies to develop their leases promptly or relinquish them, including for potential re-leasing, as appropriate, by other parties, and to ensure that leases acquired non- competitively provide a fair financial return to the taxpayer. With respect to the minimum acceptable bid, the intent of any potential changes is to ensure that the American taxpayers receive a fair financial return at BLM oil and gas lease sale auctions. With respect to bonding requirements, the intent of any potential bonding updates would be to ensure that bonds required for oil and gas activities on public lands adequately capture costs associated with potential non- compliance with any terms and conditions applicable to a Federal onshore oil and gas lease. The BLM's existing regulations currently set bond minimums that have not been adjusted in 50 years. With respect to penalty assessments, the intent of the potential removal of the regulatory caps would be to ensure that the penalties provide adequate deterrence of unlawful conduct, particularly drilling on Federal onshore leases without authorization and drilling into leased parcels in knowing and willful trespass. The anticipated updates to BLM's onshore oil and gas royalty rate regulations and other potential changes to its standard lease fiscal terms address recommendations from the Government Accountability Office (GAO), and will help ensure that taxpayers are receiving a fair return from the development of these resources. The anticipated changes to the royalty rate regulations will also support implementation of reform proposals in the Administration's Fiscal Year (FY) 2016 budget.

We, NMFS, have completed a comprehensive status review of the humpback whale (Megaptera novaeangliae) under the Endangered Species Act of 1973, as amended (ESA) (16 U.S.C. 1531 et seq.) and announce a proposal to revise the listing status of the species. We propose to divide the globally listed endangered species into 14 distinct population segments (DPSs), remove the current species-level listing, and in its place list 2 DPSs as endangered and 2 DPSs as threatened. The remaining 10 DPSs are not proposed for listing based on their current statuses. This proposal also constitutes a negative 12-month finding on a petition to delineate and ``delist'' a DPS of humpback whales spanning the entire North Pacific and a positive 12-month finding on a petition to delineate and ``delist'' a DPS in the Central North Pacific (Hawaii breeding population). At this time, we do not propose to designate critical habitat for the two listed DPSs that occur in U.S. waters (Western North Pacific, Central America) because it is not currently determinable. In order to complete the critical habitat designation process, we also solicit information on essential physical and biological features of the habitat of these two DPSs.

We propose to adopt a new airworthiness directive (AD) for certain serial number GE Aviation Czech s.r.o. M601E-11, M601E-11A, and M601F turboprop engines with certain part number (P/N) gas generator turbine (GGT) blades, installed. This proposed AD was prompted by the determination that certain GGT blades are susceptible to blade failure. This proposed AD would require removing from service any affected engine with certain GGT blades installed. We are proposing this AD to prevent GGT blade failure, which could lead to engine failure and loss of the airplane.

We propose to adopt a new airworthiness directive (AD) for all Pratt & Whitney (PW) PW4164-1D, PW4168-1D, PW4168A-1D and PW4170 engines, and certain PW4164, PW4168, and PW4168A turbofan engines. This proposed AD was prompted by fuel nozzle-to-fuel supply manifold interface fuel leaks. This proposed AD would require inspecting fuel nozzles for signs of leakage, replacing hardware as required, and torqueing to specified requirement. We are proposing this AD to prevent fuel leaks which could result in engine fire and damage to the airplane.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted by a report that during production, an incorrect clevis was used, resulting in improper installation onto the alternate release cable of the main landing gear (MLG). This AD requires a detailed visual inspection of the emergency release clevis of the MLG to determine if an incorrect clevis has been installed, and if necessary, replacing the clevis with a correct clevis and clevis pin. We are issuing this AD to detect and correct improper installation of the clevis, which could cause loss of the alternate release system and prevent the MLG from extending and retracting, and could consequently affect the airplane's continued safe flight and landing.