December 1, 2015 – Federal Register Recent Federal Regulation Documents
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Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS
The Environmental Protection Agency (EPA) is announcing a public hearing to be held for the proposed rule ``Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS'' which will publish in the Federal Register. The hearing will be held on Thursday, December 17, 2015, in Washington, DC.
Petitions for Reconsideration and Clarification of Action in Rulemaking Proceeding
Petitions for Reconsideration and Clarification (Petitions) have been filed in the Commission's rulemaking proceeding by: Rick Kaplan, on behalf of the National Association of Broadcasters (two petitions) and D. Cary Mitchell, on behalf of the Blooston Rural Carriers.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
NMFS is transferring 80 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category for the remainder of the 2015 fishing year. This transfer results in an adjusted 2015 General category quota of 646.7 mt. NMFS also is adjusting the Atlantic tunas General category BFT daily retention limit from four large medium or giant BFT per vessel per day/trip to three large medium or giant BFT per vessel per day/trip for the remainder of the 2015 fishing year. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT.
Army Privacy Program
The Department of the Army is amending the Army Privacy Program Regulation. Specifically, this direct final rule is removing the exemption for A0601-222 USMEPCOM, titled Armed Services Military Accession Testing. Based on a recent review of A0601-222 Armed Services Military Accession Testing it has been determined that records in this system will now be covered by DMDC 15 DoD, Armed Services Military Accession Testing, which published in the Federal Register on February 11, 2015. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary.
Changes to Fees and Payment Methods
The Agricultural Research Service (ARS) increases its Patent Culture Collection charges, and revises the method of payment.
Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer
NMFS announces that the State of North Carolina is transferring a portion of its 2015 commercial Atlantic bluefish quota to the State of New York. These quota adjustments are necessary to comply with the Bluefish Fishery Management Plan quota transfer provision. This announcement is intended to inform the public of the revised commercial quota for each state involved.
Notice of Delay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine Sanctuaries
The National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their previous boundaries with a final rule published on March 12, 2015. The Final Rule entered into effect on June 9, 2015. At that time, NOAA postponed the effectiveness of the discharge requirements in both sanctuaries' regulations with regard to U.S. Coast Guard activities for 6 months. This document extends the postponement of the discharge requirements for these activities for another 6 months to provide adequate time for completion of an environmental assessment, and subsequent rulemaking, as appropriate.
Protection of Human Subjects
On September 8, 2015, the federal departments and agencies subject to the Federal Policy for the Protection of Human Subjects (referred to as the ``Common Rule'') published a notice of proposed rulemaking (``NPR'') amending the Common Rule. Separately, on September 24, 2015, the Consumer Product Safety Commission (``CPSC'' or ``Commission'') proposed to adopt the Common Rule NPR by amending the Commission's regulations. The comment period for the Common Rule NPR is being extended; therefore, CPSC is extending the comment period for its proposed rule, accordingly.
Port of Miami Anchorage Area; Atlantic Ocean, Miami Beach, FL
U.S. Coast Guard Sector Miami received a study from the Florida Department of Environmental Protection, Southeast Florida Coral Reef Initiative (SEFCRI) concluding that the Miami Anchorage could be changed to reduce threats to protected coral and its habitat. The study indicated that the Miami Anchorage could be divided into two separate anchorage areas to reduce threats to protected coral while also facilitating the safe anchorage of shallow and deep draft vessels. The Coast Guard requests comments from interested persons regarding a possible modification of the Miami Anchorage based on the SEFCRI study.
Supplemental Finding That It Is Appropriate and Necessary To Regulate Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units
The Environmental Protection Agency (EPA) is soliciting comment on a proposed supplemental finding that consideration of cost does not alter the agency's previous conclusion that it is appropriate and necessary to regulate coal- and oil-fired electric utility steam generating units (EGUs) under section 112 of the Clean Air Act (CAA). In light of the U.S. Supreme Court decision in Michigan v. EPA, 135 S.Ct. 2699 (2015), the EPA has taken cost into account in evaluating whether such regulation is appropriate. In this document, the EPA sets forth its proposed supplemental finding and requests comment on all aspects of that finding and the supporting legal memorandum in the docket for this action. This proposed supplemental finding, if finalized after consideration of comments, will conclude that coal- and oil-fired EGUs are properly included on the CAA section 112(c) list of sources that must be regulated under CAA section 112(d).
Rules and Regulations Under the Trade Regulation Rule Concerning Preservation of Consumers' Claims and Defenses
The Federal Trade Commission (``Commission'') requests public comment on the overall costs and benefits, and regulatory and economic impact, of its Rules and Regulations under the Trade Regulation Rule Concerning Preservation of Consumers' Claims and Defenses, commonly known as the ``Holder Rule,'' as part of the agency's regular review of all its regulations and guides.
Uninterruptible Monitoring of Coolant and Fuel in Reactors and Spent Fuel Pools
The U.S. Nuclear Regulatory Commission (NRC) has received a petition for rulemaking (PRM) requesting that the NRC amend its ``Domestic licensing of production and utilization facilities'' regulations to require ``installation of ex-vessel instrumentation for uninterruptible monitoring of coolant and fuel in reactors and spent- fuel pools.'' The petition, dated September 10, 2015, was submitted by Dr. Alexander DeVolpi (the petitioner). The petition was docketed by the NRC on September 21, 2015, and was assigned Docket Number PRM-50- 113. The NRC is examining the issues raised in this petition to determine whether they should be considered in rulemaking. The NRC is not requesting public comment on PRM-50-113 at this time.
Special Regulations, Areas of the National Park System, Lake Chelan National Recreation Area, Solid Waste Disposal
The National Park Service is authorizing a solid waste transfer station near Stehekin, Washington, within the boundary of Lake Chelan National Recreation Area, that does not meet all the siting criteria of the general National Park Service regulations and accepts solid waste generated within the boundary of the recreation area from non-National Park Service activities.
Special Regulations, Areas of the National Park System, Rocky Mountain National Park
The National Park Service proposes to amend the special regulations for Rocky Mountain National Park to allow bicycle use on a 2-mile segment of the East Shore Trail located within the park. A portion of this 2-mile segment will require trail construction activities to accommodate bicycles and is therefore considered a new trail that will be opened to bicycles. National Park Service regulations require promulgation of a special regulation to designate new trails for bicycle use off park roads and outside developed areas. National Park Service regulations require publication of notice in the Federal Register providing the public at least 30 days to review and comment on a written determination supporting bicycle use on an existing trail.
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Updating References
This rule adopts as final, without change, interim final rule amending the Department of Veterans Affairs (VA) regulations governing Office of Management and Budget (OMB) citations and references for federal grant programs. This amendment is necessary to replace obsolete OMB references in VA regulations.
Highly Fractionated Indian Land (HFIL) Loan Program
The Farm Service Agency (FSA) is implementing the HFIL Loan Program to provide revolving loan funds to eligible intermediary lenders familiar with Indian Lands. The intermediary lenders will provide loan funds to qualified individuals, entities, and tribes to purchase highly fractionated Indian land consistent with the Agricultural Act of 2014 (2014 Farm Bill). FSA is also requesting public comments on the rule.
Airworthiness Directives; Airbus Helicopters
We are publishing a new airworthiness directive (AD) for Airbus Helicopters Model AS350B3 helicopters. This AD was sent previously to all known U.S. owners and operators of these helicopters and supersedes Emergency AD 2015-22-52, dated October 28, 2015. This AD requires revising the rotorcraft flight manual (RFM) to stop performing the yaw load compensator check during preflight procedures and instead perform it during post-flight procedures after rotor shut-down. This AD also requires the yaw servo hydraulic switch to be in the ``ON'' position before taking off. This AD is prompted by two accidents and one incident of Airbus Helicopters Model AS350B3 helicopters. From preliminary investigations, loss of tail rotor (T/R) control during takeoff was evident in each event. These actions are intended to prevent takeoff without hydraulic pressure in the T/R hydraulic system, loss of T/R flight control, and subsequent loss of control of the helicopter.
Allocation of Assets in Single-Employer Plans; Valuation of Benefits and Assets; Expected Retirement Age
This rule amends the Pension Benefit Guaranty Corporation's regulation on Allocation of Assets in Single-Employer Plans by substituting a new table for determining expected retirement ages for participants in pension plans undergoing distress or involuntary termination with valuation dates falling in 2016. This table is needed in order to compute the value of early retirement benefits and, thus, the total value of benefits under a plan.
Miscellaneous Corrections
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. These changes include renaming the Office of Information Services, renaming the Computer Security Office and removing it as a standalone office, capitalizing the words Tribe, Tribes, and Tribal, correcting a Web site address, correcting a misspelling, removing a submission requirement, correcting an email address, correcting a room number, removing a Federal Register notice requirement, and adding missing information collection references. This document is necessary to inform the public of these non-substantive changes to the NRC's regulations.
Liquidity Coverage Ratio: Public Disclosure Requirements; Extension of Compliance Period for Certain Companies To Meet the Liquidity Coverage Ratio Requirements
The Board invites public comment on a proposed rule that would implement public disclosure requirements regarding the liquidity coverage ratio (LCR) of large, internationally active banking organizations and certain smaller, less complex banking organizations. The proposed rule would apply to all depository institution holding companies and covered nonbank companies that are required to calculate the LCR (covered companies). A covered company would be required to publicly disclose on a quarterly basis quantitative information about its LCR calculation, as well as a discussion of certain features of its LCR results. The proposed rule also would amend the LCR Rule to provide a full year for certain companies to come into compliance.
Atlantic Highly Migratory Species; 2016 Atlantic Shark Commercial Fishing Season
This final rule establishes an opening date of January 1, 2016, for all Atlantic shark fisheries, including the fisheries in the Gulf of Mexico. This final rule also establishes the quotas for the 2016 fishing season based on over- and/or underharvests experienced during 2015 and previous fishing seasons. The large coastal shark (LCS) retention limit for directed shark limited access permit holders will start at 45 LCS other than sandbar sharks per trip in the Gulf of Mexico region and at 36 LCS other than sandbar sharks per trip in the Atlantic region. These retention limits for directed shark limited access permit holders may decrease or increase during the year to provide, to the extent practicable, fishing opportunities for commercial shark fishermen in all regions and areas. NMFS anticipates that the retention limit in the Atlantic region will likely increase to the default limit of 45 LCS other than sandbar sharks per trip around July 15, 2016, subject to NMFS' evaluation of the inseason trip limit adjustment criteria. These actions could affect fishing opportunities for commercial shark fishermen in the northwestern Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.
Expanded Access to Non-VA Care Through the Veterans Choice Program
The Department of Veterans Affairs (VA) revises its medical regulations that implement section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (hereafter referred to as ``the Choice Act''), which requires VA to establish a program to furnish hospital care and medical services through eligible non-VA health care providers to eligible veterans who either cannot be seen within the wait-time goals of the Veterans Health Administration (VHA) or who qualify based on their place of residence (hereafter referred to as the ``Veterans Choice Program'' or the ``Program''). These regulatory revisions are required by the most recent amendments to the Choice Act made by the Construction Authorization and Choice Improvement Act of 2014, and by the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015. The Construction Authorization and Choice Improvement Act of 2014 amended the Choice Act to define additional criteria that VA may use to determine that a veteran's travel to a VA medical facility is an ``unusual or excessive burden,'' and the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 amended the Choice Act to cover all veterans enrolled in the VA health care system, remove the 60-day limit on an episode of care, modify the wait-time and 40-mile distance eligibility criteria, and expand provider eligibility based on criteria as determined by VA. This interim final rule revises VA regulations consistent with the changes made to the Choice Act as described above.
Petroleum Refinery Sector Risk and Technology Review and New Source Performance Standards
This action finalizes the residual risk and technology review conducted for the Petroleum Refinery source categories regulated under national emission standards for hazardous air pollutants (NESHAP) Refinery MACT 1 and Refinery MACT 2. It also includes revisions to the Refinery MACT 1 and MACT 2 rules in accordance with provisions regarding establishment of MACT standards. This action also finalizes technical corrections and clarifications for the new source performance standards (NSPS) for petroleum refineries to improve consistency and clarity and address issues related to a 2008 industry petition for reconsideration. Implementation of this final rule will result in projected reductions of 5,200 tons per year (tpy) of hazardous air pollutants (HAP) which will reduce cancer risk and chronic health effects.
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