April 2015 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Big Sandy crayfish (known at the time of the petition as Cambarus veteranus, but now known as two distinct species: Guyandotte River crayfish, C. veteranus, and Big Sandy crayfish, C. callainus) as endangered or threatened under the Endangered Species Act, as amended (Act), and to designate critical habitat. After review of the best available scientific and commercial information, we find that listing the Big Sandy crayfish and the Guyandotte River crayfish is warranted. Accordingly, we propose to list both the Big Sandy crayfish (C. callainus), a freshwater crustacean from Kentucky, Virginia, and West Virginia, and the Guyandotte River crayfish (C. veteranus), a freshwater crustacean from West Virginia, as endangered species under the Act. If we finalize this rule as proposed, it would extend the Act's protections to both species and would add both species to the Federal List of Endangered and Threatened Wildlife. The Service seeks data and comments from the public on this proposed listing rule.

The Coast Guard is considering establishing two new anchorage grounds in the Gulf of Mexico for the port of Port Fourchon, LA. These actions are being considered to help accommodate increased vessel volume and future increases and improve navigation safety for vessels transiting the Port Fourchon area, providing for the overall safe and efficient flow of vessel traffic and commerce. The Coast Guard is seeking comments and information about what form the proposed regulations should take and the actual need for them.

We, NMFS, announce a 90-day finding on a petition to list the Gulf of Mexico Bryde's whale (Balaenoptera edeni) as an endangered distinct population segment (DPS) under the Endangered Species Act (ESA). We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. Accordingly, we will conduct a review of the status of this species to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we solicit information pertaining to this species from any interested party.

We (NMFS) announce an initial finding on a petition to identify the Saint John River population of shortnose sturgeon (Acipenser brevirostrum) as a distinct population segment (DPS) and delist this DPS from the Endangered Species Act. We have reviewed the petition, the references provided by the petitioner, and information readily available in our files, and we find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. Therefore, we will conduct a status review of the shortnose sturgeon to determine if the petitioned actions are warranted. To ensure that our review is comprehensive, we are soliciting scientific and commercial information pertaining to this petition from any interested party.

The Food and Drug Administration (FDA) is classifying the urethral insert with pump for bladder drainage 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 urethral insert with pump for bladder drainage'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.

The U.S. Environmental Protection Agency (EPA) proposes to approve the State of Washington Underground Injection Control (UIC) Program revisions as required by rule under the Safe Drinking Water Act (SDWA). The Agency determined that the state's revisions are consistent with the provisions of the SDWA and are as stringent as all applicable federal regulations to prevent underground injection activities that endanger underground sources of drinking water. The state revised its UIC Class V Program regulations and transferred oversight authority from the Department of Ecology to the Energy Facility Site Evaluation Council to issue UIC permits at energy facilities. EPA requests public comment on this proposed rule and supporting documentation. In the ``Rules and Regulations'' section of this Federal Register, the Agency published EPA's approval of the state's program revision as a direct final rule without a prior proposed rule. If the Agency receives no adverse comment, EPA will not take further action on this proposed rule.

The U.S. Environmental Protection Agency (EPA) is taking direct final action to approve the State of Tennessee Underground Injection Control (UIC) Program for primacy to implement and enforce state regulations for all UIC injection wells located within the state, except for Class VI and all wells on Indian lands, as required by rule under the Safe Drinking Water Act (SDWA). The Agency determined that the state's UIC Program is consistent with the provisions of the SDWA and is as stringent as all applicable federal regulations to prevent underground injection activities that endanger underground sources of drinking water.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Rock Island Railroad and Highway Drawbridge across the Upper Mississippi River, mile 482.9, at Rock Island, Illinois. The deviation is necessary to allow the Bandits Race to Home 5K Marathon to cross the bridge. This deviation allows the bridge to be maintained in the closed-to-navigation position for two hours.

EPA is proposing reporting and recordkeeping requirements for certain chemical substances when they are manufactured or processed at the nanoscale as described in this rule. Specifically, EPA proposes to require persons that manufacture (defined by statute to include import) or process, or intend to manufacture or process these chemical substances to electronically report to EPA certain information, which includes the specific chemical identity, production volume, methods of manufacture and processing, exposure and release information, and existing data concerning environmental and health effects. This proposal involves one-time reporting for existing nanoscale materials and one-time reporting for new discrete nanoscale materials before they are manufactured or processed. This information would facilitate EPA's evaluation of the materials and a determination of whether further action, including additional information collection, is needed. Consistent with the President's memorandum for Executive Agencies regarding Principles for Regulation and Oversight of Emerging Technologies, this proposed rule would facilitate assessment of risks and risk management, examination of the benefits and costs of further measures, and making future decisions based on available scientific evidence.

The Environmental Protection Agency (EPA) is announcing a public hearing to be held for the proposed rule titled, ``Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements'' which published in the Federal Register on March 23, 2015. The hearing will be held on Wednesday, April 29, 2015, in Washington, DC The EPA is also announcing extension of the comment period for the proposed rule to May 29, 2015, to allow for sufficient time after the public hearing for commenters to submit comments.

The Office of Personnel Management (OPM) is issuing a proposed rule to revise the table of reduction factors for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities. This rule is necessary to ensure that the tables conform to demographic assumptions adopted by the Board of Actuaries and published in the Federal Register on March 20, 2015, as required by 5 U.S.C. 8461(i).

The U.S. Department of Energy (DOE) withdraws a proposed rule published in the Federal Register on February 26, 2013 that proposed to establish a waiver process to allow the manufacture and sale of certain large-volume (>55 gallon) electric storage water heaters under 1-year waivers granted by DOE, provided that a specific set of features are included and conditions are met to ensure their use only in residences enrolled in utility electric thermal storage (ETS) programs.

The Commission is updating the product lists. This action reflects a publication policy adopted by Commission order. The referenced policy assumes periodic updates. The updates are identified in the body of this document. The product lists, which is re-published in its entirety, includes these updates.

The Architectural and Transportation Barriers Compliance Board (Access Board) will hold a public hearing on its recent Information and Communication Technology (ICT) Standards and Guidelines Notice of Proposed Rulemaking.

In this document, the Federal Communications Commission (Commission) grants an unopposed petition filed by the Public Safety Communications Council (PSCC) for partial reconsideration of the Fifth Report and Order in this proceeding. Specifically, for applicants seeking authority to operate centralized trunked stations on Public Safety Pool channels, we eliminate the requirement that the applicant demonstrate that the proposed station's service contour will not be overlapped by any incumbent station's interference contour. We also amend the rule changes adopted in the Fifth Report and Order regarding treatment of mobile stations to clarify how to protect 150-174 MHz band mobile stations that are associated with a base station. This proceeding is part of our continuing effort to provide clear and concise rules that facilitate new wireless technologies, devices and services, and are easy for the public to understand.

The Department of Veterans Affairs (VA) amends its regulations to remove out-of-date legal citations and add the correct authority. This rulemaking contains only nonsubstantive, technical changes.

The Environmental Protection Agency (EPA) is taking final action to revise the boundaries of the Southern California air quality planning areas to designate the reservation of the Pechanga Band of Luise[ntilde]o Mission Indians of the Pechanga Reservation, California as a separate air quality planning area for the 1997 8-hour ozone National Ambient Air Quality Standard. The EPA is also taking final action to approve the Tribe's tribal implementation plan (``TIP'') for maintaining the 1997 8-hour ozone standard within the Pechanga Reservation through 2025 because it meets the Clean Air Act's and the EPA's requirements for maintenance plans. Lastly, based in part on the approval of the maintenance plan, the EPA is granting a request from the Tribe to redesignate the Pechanga Reservation nonattainment area to attainment for the 1997 8-hour ozone standard because the area meets the statutory requirements for redesignation under the Clean Air Act.

The Coast Guard is considering amending the regulations for Cedar Grove Anchorage and establishing two new anchorages, Point Michele Anchorage and Plaquemines Point Anchorage on the Lower Mississippi River (LMR), Above Head of Passes (AHP). These actions are being considered to increase the available anchorage areas in this section of the river necessary to accommodate vessel traffic and improve navigation safety for vessels transiting this area, providing for the overall safe and efficient flow of vessel traffic and commerce. The Coast Guard is seeking comments and information about what form the proposed amendment and new regulations should take and the actual need for them.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) for the State of Iowa to include modified permits for Muscatine County, Iowa. The SIP revision addresses modifications to construction permits that were included in the 2006 24-hour particulate matter less than 2.5 micrometers (PM2.5) National Ambient Air Quality Standards (NAAQS) control strategy proposed on August 11, 2014, and published as a final rule in the Federal Register on December 1, 2014, with the effective date of December 31, 2014. The state's submission of modified permits includes a revised air dispersion modeling analysis that demonstrated continued attainment of the 2006 24-hour PM2.5 NAAQS. This action will also make an administrative correction to permit numbers.

In this document, the Federal Communications Commission (Commission) seeks comment on defining the term ``commence operations'' for 600 MHz Band wireless licensees in the context of the transition rules adopted in the Incentive Auction Report and Order.

The Environmental Protection Agency (EPA) is taking direct final action to clarify our regulations related to the data sources used to establish the cellulosic waiver credit (CWC) price. We are also removing references to CWC prices from the renewable fuel standard regulations, and instead intend to post the prices on EPA's Web site. The direct final rule also indicates what the CWC prices for 2014 and 2015 would be using the data sources and methodology contained in the rule; however these prices will not be established until they are posted on our Web site following the effective date of the rule. In addition, we are making minor amendments to the renewable fuel standard program regulations to reinsert sections inadvertently overwritten by the Quality Assurance Program final rule published on July 18, 2014.

This document contains proposed regulations relating to the allocation of the group credit. The proposed regulations will affect certain taxpayers claiming the credit. In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations providing guidance relating to the allocation of the credit for increasing research activities (research credit) to corporations and trades or businesses under common control (controlled groups). The temporary regulations also contain rules relating to the allocation of the railroad track maintenance credit (RTMC) and the election for a reduced research credit. The text of the temporary regulations also serves as the text of these proposed regulations.

This document contains final and temporary regulations relating to the allocation of the credit for increasing research activities (research credit) to corporations and trades or businesses under common control (controlled groups)... This document also contains final and temporary regulations relating to the allocation of the railroad track maintenance credit and the election for a reduced research credit. The text of these temporary regulations also serves as the text of the proposed regulations (REG-133489-13) published in the Proposed Rules section in this issue of the Federal Register.

The Food and Drug Administration (FDA) is amending its regulations to update address information for the Center for Biologics Evaluation and Research (CBER) as a result of the recent relocation of CBER offices and laboratories to the FDA White Oak campus in Silver Spring, MD, as well as make other related technical revisions. These changes are being made to ensure the accuracy of the Agency's regulations.

The U.S. Coast Guard is establishing a temporary safety zone in Marina del Rey around the fireworks launch site located on the south jetty. This temporary safety zone is necessary to provide for the safety of the waterway users during the fireworks display that will take place in the vicinity of the Marina del Rey Main Channel. Entry into this temporary safety zone will be prohibited unless specifically authorized by the Captain of the Port, Los AngelesLong Beach, or her designated representative.