November 2015 – Federal Register Recent Federal Regulation Documents

This action modifies the timing of the Lobster Conservation Management Area 4 seasonal closure. This action is necessary to ensure fishery regulations for the lobster fishery in Federal waters remain consistent with the Commission's Interstate Fishery Management Plan for American Lobster and previously implemented state measures and the intent of the Atlantic Coastal Fisheries Cooperative Management Act. This action is intended to ensure fishing effort is reduced in Area 4.

We propose to adopt a new airworthiness directive (AD) for certain Pratt & Whitney Canada Corp. (PWC) PT6A-60AG, -65AG, -67AF, and -67AG turboprop engines. This proposed AD was prompted by incidents of corrosion and perforation of the two-ply Cu-Be bellows in Woodward fuel control units (FCUs). This proposed AD would require removing the Woodward FCU and installing an FCU that is eligible for installation. We are proposing this AD to prevent failure of the Woodward FCU, which could lead to failure of the engine, in-flight shutdown, and loss of control of the airplane.

The Environmental Protection Agency (EPA) is revising the format for materials that are incorporated by reference (IBR) into the Ohio State Implementation Plan (SIP). The regulations and other materials affected by this format change have all been previously submitted by Ohio and approved by EPA.

The FAA is issuing a final rule that removes certain redundant or underutilized ground-based nondirectional radio beacon (NDB) and VHF omnidirectional range (VOR) Standard Instrument Approach Procedures (SIAPs). On April 13, 2015, the FAA published a notice of proposed rulemaking to remove 736 procedures. After consideration of public comments and conducting an internal review, the FAA has decided to move forward with removing 334 procedures that did not receive public comment. The 198 procedures for which comments were received will be addressed in the future. The FAA also identified 191 procedures that were proposed for removal but that do not meet the criteria at this time. Those 191 procedures may be reevaluated at a later date; however, their removal is withdrawn from consideration in this rule. There are 13 procedures erroneously identified in the NPRM that were already in the process for removal and should not have been included in this proceeding. The FAA concluded that these procedures should continue in the separate proceeding and are not addressed in this final rule.

We are superseding Airworthiness Directive (AD) AD 2014-20-13 for certain Pacific Aerospace Limited Model 750XL airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as fatigue cracks on the fin forward pickup plates, which could cause it to fail. We are issuing this AD to require actions to address the unsafe condition on these products.

We are proposing amendments to Rule 147 under the Securities Act of 1933, which currently provides a safe harbor for compliance with the Section 3(a)(11) exemption from registration for intrastate securities offerings. Our proposal would modernize the rule and establish a new exemption to facilitate capital formation, including through offerings relying upon recently adopted intrastate crowdfunding provisions under state securities laws. The proposed amendments to the rule would eliminate the restriction on offers and ease the issuer eligibility requirements, while limiting the availability of the exemption at the federal level to issuers that comply with certain requirements of state securities laws. We further propose rule amendments to Rule 504 of Regulation D under the Securities Act to facilitate issuers' capital raising efforts and provide additional investor protections. The proposed amendments to Rule 504 would increase the aggregate amount of securities that may be offered and sold in any twelve-month period from $1 million to $5 million and disqualify certain bad actors from participation in Rule 504 offerings.

In this document, the Federal Communications Commission's Wireless Telecommunications Bureau (Bureau) seeks comment on a petition for declaratory ruling on the regulatory status of mobile messaging services.

NMFS proposes specifications for the 2016-2018 summer flounder and scup fisheries and for the 2016-2017 black sea bass fishery. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan require us to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. This action is intended to propose for implementation specifications necessary to constrain harvest for these three species within scientifically sound recommendations to prevent overfishing.

This proposed rule implements the responsibilities of the Secretary of Defense for administering NSEP and explains the responsibilities of the Under Secretary of Defense for Personnel and Readiness (USD (P&R)) for policy and funding oversight for NSEP. It discusses requirements for administering and executing the National Security Education Program (NSEP) service agreement and; and assigns oversight of NSEP to the Defense Language and National Security Education Office (DLNSEO).

The Bureau of Indian Education (BIE) is announcing its intent to establish an Accountability Negotiated Rulemaking Committee (Committee). The Committee will recommend revisions to the existing regulations for BIE's accountability system. As required by applicable statutes, the Secretary will select representatives of Indian tribes for the Committee from among individuals nominated by tribes whose students attend BIE-funded schools operated by either the BIE or by the tribe through a contract or grant and who would be affected by a final rule. The BIE also solicits comments on the proposal to establish the Committee, including comments on additional interests not identified in this notice of intent, and invites tribes to nominate representatives for membership on the Committee.

The Environmental Protection Agency (EPA) is proposing to reclassify to Serious the Franklin County, Idaho portion of the multi- state Logan, Utah/Franklin county, Idaho nonattainment area (Logan UT/ ID area) for the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). Our proposal is based on the EPA's determination that the Logan, UT/ID area cannot practicably attain the 2006 PM2.5 NAAQS by the applicable Moderate area attainment date of December 31, 2015. Should the EPA finalize reclassification of the area to Serious, Idaho will be required to submit an updated emissions inventory, Best Available Control Measures (BACM)/Best Available Control Technology (BACT), and revisions to its Nonattainment New Source Review (NNSR) program within 18 months. The attainment demonstration and the remaining Serious area nonattainment plan elements will be due no later than three years after the effective date of the final action or December 31, 2018, whichever is earlier. Upon reclassification as Serious, the Logan, UT/ID PM2.5 nonattainment area will be required to attain the standard as expeditiously as practicable, but no later than December 31, 2019.

We are adopting a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model AB412 helicopters. This AD requires inspecting the filters installed on the pressure lines of utility hydraulic systems for metal particles. This AD is prompted by a report of a pump failure on the hydraulic external hoist caused by metal particles. These actions are intended to detect metal particles in the filter of the pressure line and prevent the pumps' failure, which could lead to a hoisting accident and injury to persons.

This document provides the final text of regulations governing the employee protection provisions of the National Transit Systems Security Act (NTSSA), enacted as Section 1413 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Commission Act), and the Federal Railroad Safety Act (FRSA), as amended by Section 1521 of the 9/11 Commission Act. The 9/11 Commission Act was enacted into law on August 3, 2007. FRSA was amended further in 2008. An interim final rule establishing procedures for these provisions and a request for public comment was published in the Federal Register on August 31, 2010. Ten comments were received. This rule responds to those comments and establishes the final procedures and time frames for the handling of retaliation complaints under NTSSA and FRSA, including procedures and time frames for employee complaints to the Occupational Safety and Health Administration (OSHA), investigations by OSHA, appeals of OSHA determinations to an administrative law judge (ALJ) for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board (ARB) (acting on behalf of the Secretary of Labor), and judicial review of the Secretary of Labor's final decision.

The U.S. Department of Energy (DOE) proposes to revise its test procedures for central air conditioners and heat pumps established under the Energy Policy and Conservation Act. DOE proposed amendments to the test procedure in a June 2010 notice of proposed rulemaking (NOPR), an April 2011 supplemental notice of proposed rulemaking (SNOPR), and an October 2011 SNOPR. DOE provided additional time for stakeholder comment in a December 2011 extension of the comment period for the October 2011 SNOPR. DOE received further public comment for revising the test procedure in a November 2014 Request for Information for energy conservation standards for central air conditioners and heat pumps. DOE proposes in this SNOPR: A new basic model definition as it pertains to central air conditioners and heat pumps and revised rating requirements; revised alternative efficiency determination methods; termination of active waivers and interim waivers; revised procedures to determine off mode power consumption; changes to the test procedure that would improve test repeatability and reduce test burden; clarifications to ambiguous sections of the test procedure intended also to improve test repeatability; inclusion of, amendments to, and withdrawals of test procedure revisions proposed in published test procedure notices in the rulemaking effort leading to this supplemental notice of proposed rulemaking; and changes to the test procedure that would improve field representativeness. Some of these proposals also include incorporation by reference of updated industry standards. DOE welcomes comments from the public on any subject within the scope of this test procedure rulemaking.

In this document, the Federal Communications Commission (Commission) proposes to extend its foreign ownership rules and procedures that apply to common carrier licensees to broadcast licensees, with certain modifications to tailor them to the broadcast context. The Commission also seeks comment on whether and how to revise the methodology a licensee should use to assess its compliance with the 25 percent foreign ownership benchmark in section 310(b)(4) of the Communications Act of 1934, as amended, in order to reduce regulatory burdens on applicants and licensees. Finally, the Commission makes several proposals to clarify and update existing foreign ownership policies and procedures for broadcast, common carrier and aeronautical licensees.

NASA is making technical amendments to the NASA FAR Supplement (NFS) to provide needed editorial changes.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Placer County portion of the California State Implementation Plan (SIP). This revision concerns the necessary procedures to create emission reduction credits (ERCs) from the reduction of volatile organic compound (VOC), oxides of nitrogen (NOx), oxides of sulfur (SOx), particulate matter (PM), and carbon monoxide (CO) emissions due to the use and installation of a control device on stationary locomotive engines in rail yards. We are approving a local rule that provides administrative procedures for creating emissions reduction credits, consistent with Clean Air Act (CAA or the Act) requirements.

The Department of Veterans Affairs (VA) is proposing to amend its regulations governing the VA Veteran-Owned Small Business (VOSB) Verification Program. VA seeks to find an appropriate balance between preventing fraud in the Veterans First Contracting Program and providing a process that would make it easier for more VOSBs to become verified. The Verification Program has been the subject of reports from both the Government Accountability Office (GAO) and VA's Office of Inspector General stating that despite VA's Verification Program, fraud still exists in the Veterans First Contracting Program. Some stakeholder feedback has been that the current regulations at 38 CFR part 74 are too open to interpretation and are unnecessarily more rigorous than similar certification programs run by the Small Business Administration (SBA). This proposed rule would clarify the eligibility requirements for businesses to obtain ``verified'' status, add and revise definitions, reorder requirements, redefine the definition of ``control'', and explain examination procedure and review processes. This proposed rule would additionally implement new changesreferences to community property restrictions, ``unconditional'' ownership, day- to-day requirements, and full-time requirements would be removed or revised and limited in scope; an exception for majority, supermajority, unanimous, or other voting provisions for extraordinary business decisions would be added.

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The U.S. Department of Energy (DOE) is publishing this final rule to implement provisions in the Energy Conservation and Production Act (ECPA) that require DOE to update the baseline Federal energy efficiency performance standards for the construction of new Federal commercial and multi-family high-rise residential buildings. This rule updates the baseline Federal commercial standard to the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Standard 90.1-2013.

The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Wyoming State Implementation Plan (SIP). The Regulations affected by this update have been previously submitted by the Wyoming Department of Environmental Quality and approved by the EPA. In this action, the EPA is also notifying the public of corrections to typographical errors and minor formatting changes to the IBR tables. This update affects the SIP materials that are available for public inspection at the EPA Regional Office.