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Federal Register Highlights – 12/19/14

Unpublished, time-sensitive and proposed rules for December 19, 2014:

PROPOSED RULE: The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential  dishwashers. EPCA also requires the U.S. Department of Energy (DOE) to determine whether amended standards would be technologically feasible and economically justified, and would save a significant amount of energy. In this notice, DOE  proposes amended energy conservation standards for residential dishwashers. The notice also announces a public meeting to receive comment on these proposed standards and associated analyses and results. DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) before and after the public meeting, but no later than February 17, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number EERE–2014–BT–STD–0021. Commenting page was not available at the time of this posting.)

PROPOSED RULE: In this document, the Commission proposes to amend its rules governing broadcast licensee-conducted contests (the ‘‘Contest Rule’’) in a manner that reflects how consumers access information in the 21st Century. This document proposes to amend the Contest Rule by, among other things, allowing licensees to comply with their obligation to disclose material contest terms either through broadcast announcements or by making such terms available in  writing on a publicly accessible Internet Web site. In addition, the Commission proposes to adopt rules that would define the disclosure obligation in cases where a station chooses to meet that obligation through an Internet Web site. Comments are  due on or before February 17, 2015. (To submit comments, visit http://www.regulations.gov, reference MB Docket No. 14–226. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Board is inviting public comment on amendments to the Board’s revised capital framework (Regulation Q) that would illustrate how the Board would apply the common equity tier 1 capital qualification criteria to depository institution holding companies that are organized in forms other than as stock corporations (‘‘proposed rule’’). The proposed rule discusses some of the qualification criteria for common equity tier 1 capital under Regulation Q and provides examples of how the Board would apply the criteria in specific situations involving partnerships and limited liability companies. In addition, the proposed rule would amend Regulation  Q to address unique issues presented by certain savings and loan holding companies that are trusts and by depository institution holding companies that are employee stock ownership plans. Comments must be received by February 28, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number R-1506. Commenting page was not available at the time of this posting.)

PROPOSED RULE: This proposed rule would update the Tribal Transportation Program regulations (formerly the Indian Reservation Roads Program) to comply with the current surface transportation authorization, Moving Ahead for Progress in the 21st Century, as extended, reflect changes in the delivery options for the program that have occurred since the regulation was published in 2004, remove certain sections that were provided for informational purposes only, and make technical corrections. Comments on this rule must be received by March 20, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number BIA–2014–0005. Commenting page was not available at the time of this posting.)

Federal Register Highlights – 12/18/14

Unpublished, time-sensitive and proposed rules for December 18, 2014:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Jackson Street Drawbridge across the Red River, mile 88.6, at Alexandria, Louisiana. The deviation is necessary to allow the bridge owner to install four new pinion gears that are essential to the continued safe operation of the drawbridge. This deviation allows the bridge to remain in the closed-to-navigation position and not open to vessel traffic. This deviation is effective from 7 AM April 6, 2015 to 7 PM April 15, 2015. This deviation will be enforced from 7 AM April 6 to 7 PM April 8, 2015 and from 7 AM April 13 to 7 PM April 15, 2015.

PROPOSED RULE: The Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC) (collectively, the agencies) are seeking comment on NPR that would clarify, correct, and update aspects of the agencies’ regulatory capital rules applicable to banking organizations that are subject to the advanced approaches risk-based capital rule (advanced approaches banking organizations). The proposed revisions are largely driven by observations made by the agencies during the parallel-run review process of advanced approaches banking organizations. They are intended to enhance consistency of the U.S. regulations with international standards for use of the advanced approaches rule. Comments must be received no later than February 17, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Environmental Protection Agency (EPA) is proposing national emission standards for hazardous air pollutants (NESHAP) for brick and structural Clay products Manufacturing and NESHAP for Clay ceramics Manufacturing. The EPA is proposing that all major sources in these categories meet maximum achievable control technology (MACT) standards for mercury, non-mercury metal hazardous air pollutants (HAP) (or particulate matter (PM) surrogate) and dioxins/furans (Clay Ceramics only); health-based standards for acid gas HAP; and work practice standards, where applicable. The proposed rule, which has been informed by input from industry and other stakeholders, including small businesses, would protect air quality and promote public health by reducing emissions of HAP listed in section 112 of the Clean Air Act (CAA). Comments must be received on or before February 17, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The FAA proposes to amend certain airworthiness regulations for transport category airplanes regarding lightning protection of fuel tanks and systems. This action would establish design requirements for both normal conditions and possible failures of fuel tank structure and systems that could lead to fuel tank explosions, add new maintenance requirements related to lightning protection features, and impose specific requirements for airworthiness limitations in the instructions for continued airworthiness. We would create performance-based standards for prevention of catastrophic fuel vapor ignition caused by lightning by regulating the risk due to both ignition sources and fuel tank flammability. This change would allow designers to take advantage of flammability reduction technologies whose effectiveness was not foreseen when earlier revisions to these rules were written. This change would also release some of the administrative burdens created by the current regulations. These proposed amendments are based on recommendations from the Large Airplane Fuel System Lightning Protection Aviation Rulemaking Committee (Lightning ARC). Send comments on or before March 18, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Board of Governors of the Federal Reserve System (Board) is inviting public comment on a framework to establish risk-based capital surcharges for the largest, most interconnected U.S.-based bank holding companies pursuant to section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Proposal is based upon the international standards adopted by the Basel Committee on Banking Supervision, modified to reflect systemic risk concerns specific to the funding structures of large U.S. bank holding companies. The proposed framework would require a U.S. top-tier bank holding company with $50 billion or more in total consolidated assets to calculate a measure of its systemic importance and would identify a subset of those companies as global systemically important bank holding companies based on that measure. A global systemically important bank holding company would be subject to a risk-based capital surcharge that would increase its capital conservation buffer under the Board’s regulatory capital rule. The proposed framework would be phased in beginning on January 1, 2016 through year-end 2018, becoming fully effective on January 1, 2019. The proposal would also revise the terminology used to identify the firms subject to the enhanced supplementary leverage ratio standards to ensure consistency of the scopes of application of both rulemakings. Comments must be received no later than March 2, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Food and Drug Administration (FDA or the Agency) is proposing to amend its prescription drug and biological product labeling regulations to require electronic distribution of the prescribing information intended for healthcare professionals, which is currently distributed in paper form on or within the package from which he prescription drug or biological product is dispensed. FDA is also proposing the prescribing information intended for healthcare professionals will no longer be permitted to be distributed in paper form with the package from which a prescription drug or biological product is dispensed, except as provided by this regulation. We are proposing these actions to help ensure that the most current prescribing information is publicly accessible for the safe and effective use of human prescription drugs. Submit either electronic or written comments on the proposed rule by March 18, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

Federal Register Highlights – 12/17/14

Unpublished, time-sensitive and proposed rules for December 17, 2014:

PROPOSED RULE: The U.S. Department of Energy (DOE or the Department) proposes to issue regulations under section 934 of the Energy Independence and Security Act of 2007. These regulations will establish a retrospective risk pooling program by which nuclear suppliers are expected to provide funds in the same amount is what the United States government would be obligated to contribute to an international supplementary fund under the Convention on Supplementary Compensation for Nuclear Damage in the event of certain nuclear incidents not covered by the Price-Anderson Act. The risk pooling program will involve a premium to be assessed retrospectively (i.e., a deferred payment made only if a nuclear incident occurs) based on a risk-informed assessment formula taking into account specified risk factors and exclusionary criteria to provide a fair and equitable proration of costs among U.S. nuclear suppliers benefited by the Convention on Supplementary Compensation for Nuclear Damage. Comments must be received no later than March 17, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number DOE-HQ-2014-0021. Commenting page was not available at the time of this posting.)

PROPOSED RULE: Based on its review of the air quality criteria for ozone (O3) and related photochemical oxidants  and national ambient air quality standards (NAAQS) for O3, the Environmental Protection Agency (EPA) proposes to make  revisions to the primary and secondary NAAQS for O3 to provide requisite protection of public health and welfare, respectively. The EPA is proposing to revise the primary standard to a level within the range of 0.065 to 0.070 parts per million (ppm), and to revise the secondary standard to within the range of 0.065 to 0.070 ppm, which air quality analyses indicate would provide air quality, in terms of 3-year average W126 index values, at or below a range of 13–17 ppm-hours. The EPA proposes to make corresponding revisions in data handling conventions for O3 and conforming changes to the Air Quality Index (AQI); to revise regulations for the prevention of significant deterioration (PSD) program to add a transition provision for certain applications; and to propose schedules and convey information related to implementing any revised standards. The EPA is proposing changes to the O3 monitoring seasons, the Federal Reference Method (FRM) for  monitoring O3 in the ambient air, Federal Equivalent Method (FEM) procedures for testing, and the Photochemical Assessment Monitoring Stations (PAMS) network. Along with proposing exceptional event schedules related to  implementing any revised O3 standards, the EPA is proposing to apply this same schedule approach to other future revised NAAQS and to remove obsolete regulatory language for expired exceptional event deadlines. The EPA is proposing to make  minor changes to the procedures and time periods for evaluating potential FRMs and equivalent methods (including making the requirements for nitrogen dioxide consistent with the requirements for O3) and to remove an obsolete requirement for the annual submission of documentation by manufacturers of certain particulate matter monitors. Written comments on this proposed rule must be received by March 17, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number EPA-HQ-OAR-2008-0699. Commenting page was not available at the time of this posting.)

PROPOSED RULE: EPA is proposing to revoke significant new use rule (SNUR) promulgated under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for two chemical substances which were identified generically as metal salts of complex inorganic oxyacids which were the subject of pre-manufactured notices (PMNs) P-89-576 and P-89-577. EPA issued a SNUR based on a TSCA section 5(e) consent order designating certain activities as significant new uses. EPA has received test data for the chemical substances and is proposing to revoke the SNUR. Comments must be received on or before January 16, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number EPA-HQ-OPPT-2014-0702. Commenting page was not available at the time of this posting.)

PROPOSED RULE: USDA’s Food Safety and Inspection Service (FSIS) is proposing to add the Republic of Lithuania (Lithuania) to the list of countries eligible to export meat and meat products to the United States. FSIS’s review of Lithuania’s laws, regulations, and inspection implementation show that it is meat inspection system requirements are equivalent to the Federal Meet Inspection Act (FMIA) and its implementing regulations. Under this proposal, meat from cattle, sheep, swine, and goats slaughtered in Lithuania, or parts or other products thereof, processed and certified Lithuanian establishments, would be eligible for export to the United States. All such products would be subject to reinspection at United States ports of entry by FSIS inspectors. Comments must be received on or before February 17, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number FSIS-2014-0040. Commenting page was not available at the time of this posting.)

TEMPORARY RULE: NMFS is closing fishing for the commercial porbeagle shark quota until further notice. This action is necessary because, as of December 10, 2014, the commercial landings of porbeagle sharks during the 2014 fishing season exceeded the available 2014 adjusted commercial quota and to an extent that makes 2015 commercial quota unavailable. Fishing for the commercial porbeagle shark quota is closed effective 11:30 PM local time, December 17, 2014, until and if NMFS announces via a subsequent document in the Federal Register that additional quota is available and the season is reopened. The provisions in this document supersedes the January 1, 2015, commercial season opening date and commercial quota established for porbeagle sharks in a December 2, 2014 final rule (79 FR 71331). Fishing for the commercial porbeagle shark quota will not open on January 1, 2015; it will remain closed until subsequent notice is provided.

Federal Register Highlights – 12/16/14

Unpublished, time-sensitive, and proposed rules for December 16, 2014:

PROPOSED RULE: The Agricultural Marketing Service (AMS) is proposing to amend the regulatory language to designate which bona fide cotton spot markets will be used to determine actual commercial differences in value for various grades above or below the basic rate in the settlement of World cotton futures contracts on the Intercontinental Exchange (ICE). Designating bona fide cotton spot markets for the World cotton futures contract in the regulatory language will allow for AMS to collect spot market price data and published spot quotes for the settlement of these specific contracts. Comments must be received on or before January 16, 2015. (To submit comments, visit http://www.regulations.gov. Reference docket number AMS–CN–14–0050. Commenting page was not available at the time of this posting.)

PROPOSED RULE: This proposal would modify the organic assessment exemption regulations under 23 Federal marketing orders and 22 research and promotion programs. The current regulations would be amended to allow persons to produce, handle, market, or import certified organic products to be exempt from paying assessments associated with commodity promotion activities, including paid advertising, conducted under a commodity promotion program administered by the agricultural marketing service (AMS). The exemption would cover all “organic” and “100 percent organic” products certified under the National Organic Program regardless of whether the person requesting the exemption also produces, and handles, markets, or imports conventional or nonorganic products. Currently, only persons that exclusively produce and market products certified as 100 percent organic are eligible for an exemption from assessments under commodity promotion programs. The authority for the proposal is in section 10004 of the Agricultural Act of 2014. Comments must be received by January 15, 2015. (To submit comments, visit http://www.regulations.gov. Reference docket number AMS-FV-14-0032. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The U.S. Department of Energy (DOE) is proposing new test procedures that would measure the energy efficiency of wine chillers and other related miscellaneous refrigeration products that maintain warmer compartment temperatures than refrigerators. These procedures would apply both to those products that use a vapor-compression refrigeration system and those that do not. DOE is also proposing new definitions and test procedures for cooled cabinets, refrigerators that do not use a vapor-compression refrigeration system, hybrid refrigeration products, which incorporate warm compartments such as wine storage compartments in products that otherwise provide the functions of refrigerators, refrigerator-freezers, or freezers, and ice makers. The proposal also seeks to clarify the definitions for refrigerators, refrigerator-freezers, and freezers. Comments must be received by March 2, 2015. To submit comments, visit http://www.regulations.gov. Reference docket number EERE-2013-BT-TP-0029. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove a revision to the Texas State Implementation Plan (SIP) received from the State of Texas on March 31, 2009, that  addresses regional haze for the first planning period from 2008 through 2018. This SIP revision was submitted to address  the requirements of the Clean Air Act (CAA) and EPA’s rules that require states to prevent any future, and remedy any  existing, manmade impairment of visibility to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. The EPA is proposing to partially approve this SIP revision as meeting certain  requirements of the regional haze program, including the majority of the requirement to procure and install the Best  Available Retrofit Technology (BART) at certain categories of existing major stationary sources built between 1962 and 1977.  The EPA is also proposing to partially disapprove the SIP revision for not adequately addressing other requirements of the regional haze program related to reasonable progress, the long-term strategy, and the calculation of natural visibility  conditions. The EPA is also proposing to disapprove SIP revisions submitted by Texas for the purpose of addressing the  requirements of the CAA regarding interference with other states’ programs for visibility protection for the 1997 fine  particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS), the 1997 ozone NAAQS, the 2006 PM2.5  NAAQS, the 2008 ozone NAAQS, the 2010 Nitrogen Dioxide (NO2) NAAQS, and the 2010 Sulfur Dioxide (SO2) NAAQS. Finally, the EPA is proposing to partially disapprove a revision to the Oklahoma SIP submitted in February 19, 2010, that  addresses regional haze for the first planning period. Specifically, EPA is proposing to disapprove Oklahoma’s Reasonable Progress Goals (RPGs) for the Wichita Mountains Class I area. The EPA is proposing a Federal Implementation Plan (FIP)  for each Texas and Oklahoma to remedy certain deficiencies in the SIP. The proposed FIP would implement SO2 emission limits on fifteen Texas sources as part of a long-term strategy for making reasonable progress at three Class I areas in Texas  and Oklahoma, sets new RPGs for the Big Bend, the Guadalupe Mountains, and Wichita Mountains Class I areas, and  substitutes Texas’ reliance on the Clean Air Interstate Rule (CAIR) to satisfy BART requirements at its EGUs with reliance on  AIR’s successor, the Cross-State Air Pollution Rule (CSAPR). Our proposed FIP for Oklahoma does not establish any additional requirements on sources within Oklahoma. The EPA is taking this action under the CAA. Comments must be  received on or before February 17, 2015. (To submit comments, visit WWW.regulations.gov, reference docket number EPA-R06-OAR-2014-0754. Commenting page was not available at the time of this posting.)

PROPOSED RULE: In this section, the Environmental Protection Agency (EPA) proposes that it has completed its statutory obligation of the Clean Air Act to promulgate emissions standards for source categories accounting for not less than 90 percent of the aggregated emissions of each of the seven hazardous air pollutants enumerated in section 112(c)(6). This document explains the basis for the agency’s conclusion that it completed this obligation in February of 2011, identifies the promulgated standards to collectively satisfy the obligation, and provides the public an opportunity to comment. Comments must be received on or before February 17, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number EPA-HQ-OAR-2004-0505. Commenting page was not available at the time of this posting.)

RULE: We are adopting a new airworthiness directive for certain Airbus Model A320-211, -212, -214, -231, and -233 airplanes. This A.D. was prompted by a report of cracking at the splice plate of the frame (FR) 47 butt joint crossing area found during full-scale fatigue testing. This A.D. requires repetitive inspections for cracking of both sides of the splice plate of that frame butt joint crossing area, and corrective action if necessary. This A.D. also provides for an optional modification, which terminates the repetitive inspections. We are issuing this A.D. to detect and correct fatigue cracking of the splice plate of the FR 47 butt joint crossing area, which could result in reduced structural integrity of the airplane. This A.D. becomes effective January 20, 2015.

RULE: We are adopting a new airworthiness directive (A.D.) for all Airbus Model A300 series airplanes; Airbus Model A300 B4-600, B4-600R, and F4-600R airplanes, and Model A300 C4-650R Variant F airplanes (collectively called Model A300-600 series airplanes); and Airbus Model A310 series airplanes. This A.D. was prompted by reports of early ruptures on the levers of the nose landing gear (NLG) sequence valve. This A.D. requires a one-time inspections for damage of the landing gear sequence valve levers and Peter Shearing indicating areas on the NLG and the main landing gears (MLGs); and depending on findings, replacing the sequence valve and lever, or doing a one-time inspections to detect interference between control rods and sequence valves and corrective actions if necessary. We are issuing this A.D. to detect and correct interference between a landing gear leg and door, which could result in failure of that landing gear to extend and could damage the airplane and injure occupants. This A.D. becomes effective January 20, 2015.

RULE: We are adopting a new airworthiness directive (A.D.) for certain Dassault Aviation Model FALCON 2000 and FALCON 2000EX airplanes. This A.D. was prompted by a design review, which revealed that the forward servicing compartment (FSC) is configured with tiedown points. This A.D. requires inspecting the FSC for installed tiedown points, and removing those tiedown points. We are issuing this A.D. to detect and correct installed tiedown points, which could lead to inadvertent use of the FSC as a cargo compartment, which could result in damage to the structure of the airplane or potential risk of fire. This A.D. becomes effective January 20, 2015.

RULE: We are adopting a new airworthiness directive (A.D.) for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This A.D. was prompted by reports of fatigue cracking in the skin assembly and bear strap of the aft lower corner of the forward airstair stowage doorway. This A.D. requires repetitive inspections for cracking of the skin assembly and bear strap of the forward airstair stowage doorway; post-repair and post-modification inspections for certain airplanes; and related investigative and corrective actions, if necessary. This A.D. also provides optional terminating actions for certain inspections. We are issuing this A.D. to detect and correct fatigue cracking, which could result in rapid loss of cabin pressure. This A.D. is effective January 20, 2015.

Federal Register Highlights – 12/15/14

Unpublished, time-sensitive, and proposed rules for December 15, 2014:

PROPOSED RULE: The Bureau of Consumer Financial Protection (Bureau) is proposing amendments to certain mortgage servicing rules issued in 2013. These proposed amendments focus primarily on clarifying, revising, or amending provisions regarding force-placed insurance notices, policies and procedures, early intervention, and loss mitigation requirements under Regulation X’s servicing provisions; and periodic statement requirements under Regulation Z’s servicing provisions. The proposed amendments also address proper compliance regarding certain servicing requirements when a consumer is a potential or confirmed successor in interest, is in bankruptcy, or sends a cease communication request under the Fair Debt Collection Practices Act. The proposed rule makes technical corrections to several perversions of Regulations X and Z. The Bureau requests public comment on these changes. Comments must be received on or before March 16, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the operation of the New Jersey Transit Rail Operations (NJTRO) railroad bridge across Cheesequake Creek, mile 0.2, at Morgan, New Jersey. This deviation is necessary to allow the bridge owner to perform structural repairs at the bridge. This deviation allows the bridge to remain closed on nine consecutive weekends. This deviation is effective from 6:00 AM on January 10, 2015 through 7:00 PM on March 8, 2015.

PROPOSED RULE: The United States Office of Personnel Management (OPM) is issuing a proposed rule to amend the system for assessing the annual performance of health plants contracted under the Federal Employees Health Benefits (FEHB) Program. The purpose of this rule is to measure and assess all FEHB plan performance (experience-rated and community-rated) through the use of a common, objective, and quantifiable performance assessment for the 2016 plan year. OPM must receive comments on or before January 14, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

Federal Register Highlights – 12/12/14

Unpublished, time-sensitive, and proposed rules for December 12, 2014:

PROPOSED RULE: This proposed rule would revise the applicable conditions of participation (CoPs) for providers, conditions for coverage (CfCs) for suppliers, and requirements for long-term care facilities, to ensure that certain requirements are consistent with the Supreme Court decision in United States v. Windsor, 570 U.S. 12, 133 S.Ct. 2675 (2013), and HHS policy. Specifically, we proposed revised certain definitions and patient’s rates provisions, in order to ensure that same-sex spouses in legally-valid marriages are recognized and afforded equal rights in Medicare and Medicaid participating facilities. To be assured consideration, comments must be received no later than five clock p.m. on February 10, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Clinton Railroad Drawbridge, across the Upper Mississippi River, mile 518.0, at Clinton, Iowa. The deviation is necessary to allow the bridge owner time to perform preventive maintenance that is essential to the continued safe operation of the drawbridge. Maintenance is scheduled in the winter when there is less impact on navigation; instead of scheduling work in the summer, when river traffic increases. This deviation allows the bridge to open on signal if at least 24-hours advance notice is given. It further allows the bridge to open on signal if at least 72-hours advance notice is given from January 5, 2015 to February 13, 2015. This deviation is effective from 5:00 PM December 15, 2014 until 9 AM March 1, 2015.

PROPOSED RULE: The United States Copyright Office is conducting the sixth triennial rulemaking proceeding under the Digital Millennium Copyright Act (“DMCA”) concerning possible exemptions to the DMCA’s prohibition against circumvention of technological measures to control access to copyrighted works. At September 17, 2014, the Office published a Notice of Inquiry requesting petitions for proposed exemptions, and it has received forty-four petitions in response. With this Notice of Or post Rulemaking, the Office is initiating three rounds of public comment on exemptions proposed in the petitions. Interested parties are invited to make full legal and evidentiary submissions in support of or opposition to the proposed exemptions, in accordance with the requirements set forth below. The Office is providing a “long comment” form for this purpose. The Office is also offering members of the public the opportunity to express general support for or opposition to any of the proposals via a “short comment” form. Commenters should carefully review the legal and evidentiary standards for the granting of exemptions under the DMCA, which are set forth in the September Notice of Inquiry. Commenters should also review the guidance provided in this document regarding specific areas of legal and factual interest with respect to each proposed exemption or category of exemptions, and the types of evidence they commenters may wish to submit for the record. This document also provides information concerning the recommended format and content for submissions, including documentary and multimedia evidence. Initial written comments (including documentary evidence) and multimedia evidence are due February 6, 2015. (To submit comments, visit www.copyright.gov/1201/)

RULE: We are revising airworthiness directive (A.D.) 2008-14-02 for Agusta Model AB139 and AW139 helicopters. A.D. 2008-14-02 required inspecting the fuselage frame to detect fatigue cracks which could lead to structural failure and subsequent loss of control of the helicopter. Since we issued A.D. 2008-14-02, Agusta developed a frame reinforcement modification, which supports extending the interval for inspecting the fuselage frame for a fatigue crack. This new A.D. requires inspecting the fuselage frame for a crack and reduces the applicability from A.D. 2008-14-02 to exclude helicopters with the frame reinforcement modification. The actions of this A.D. are intended to detect a fatigue crack that could result in failure of the fuselage frame and subsequent loss of control of the helicopter. This A.D. is effective January 16, 2015.

RULE: We are superseding airworthiness directive (A.D.) 2010-13-04 for certain Bombardier, Inc. Model DHC-8-400 series airplanes. A.D. 2010-13-04 requires modifying the nose landing gear (NLG) trailing arm. This new A.D. requires installing a new pivot pin retention mechanism. This new A.D. also adds airplanes to the applicability. This A.D. was prompted by a report of several missing or damaged pivot pin retention bolts. We are issuing this A.D. to prevent failure of the pivot pin retention bolts, which could result in a loss of directional control or loss of a NLG tire during takeoff or landing. This A.D. becomes effective January 16, 2015.

RULE: We are adopting a new airworthiness directive (A.D.) for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This A.D. was prompted by issuance of revised certification maintenance requirements for the horizontal stabilizer trim actuator (HSTA). This A.D. requires revising the maintenance or inspection program. We are issuing this A.D. to detect and correct premature wear and cracking of the HSTAs, which could result in reduced structural integrity and reduced control of the airplane due to the failure of system components. This A.D. becomes effective January 16, 2015.

RULE: We are superseding airworthiness directive (A.D.) 2013-11-08 for Pilatus Aircraft Limited Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, AND PC-6/C1-H2 airplanes. This A.D. 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 a need to incorporate new revisions into the aircraft maintenance manual or in the limitations document of the FAA-approved maintenance program. We are issuing this A.D. to require actions to address the unsafe condition on these products. This A.D. is effective January 16, 2015.

RULE: We are adopting a new airworthiness directive (A.D.) for certain The Boeing Company Model 777 airplanes. This A.D. was prompted by reports of corroded, migrated, or broken spring pins of the girt bar floor fitting; in one case the broken pins prevented a door escape slide from deploying during a maintenance test. This A.D. requires replacing the existing spring pins at each passenger entry door at both girt bar floor fittings with new spring pins. We are issuing this A.D. to prevent broken or migrated spring pins of the girt bar floor fittings, which could result in an improper deployment of the escape slide/raft and consequent delay and injury during evacuation of passengers and crew from the cabin in the event of an emergency. This A.D. is effective January 16, 2015.

RULE: We are adopting a new airworthiness directive (A.D.) for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This A.D. was prompted by reports from multiple operators that have found fatigue cracking in the corners of the forward galley service doorway. This A.D. requires repetitive inspections for any cracking of the skin and bear strap doublers in the corners of the forward galley service doorway, and corrective action if necessary. This A.D. also provides optional terminating actions for certain repetitive inspections. We are issuing this A.D. to detect and correct fatigue cracking, which could result in rapid loss of cabin pressure. This A.D. is effective January 16, 2015.

Federal Register Highlights – 12/11/14

Unpublished, time-sensitive and proposed rules for December 11, 2014:

EDITOR’S NOTE: Please note that the Federal Government’s regulatory information website, http://www.regulations.gov, will be unavailable due to system maintenance from 10:00 PM eastern standard time on Saturday, December 13 until 10:00 PM eastern standard time on Sunday, December 14. Links on this blog for commenting all point to http://www.regulations.gov and, therefore, will not be functional during the system downtime. This blog itself will still be usable since the text information is not directly connected to http://www.regulations.gov.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Rob Roy Railroad Drawbridge across the Arkansas River, mile 64.7, at Pine Bluff, Arkansas. The deviation is necessary to allow the bridge owner to install a new generator and motor their essential to the continued safe operation of the drawbridge. This deviation allows the bridge to remain in the closed-to-navigation position and not open to vessel traffic. This deviation is effective without actual notice from December 11, 2014 through January 21, 2015. For the purposes of enforcement, actual notice will be used from November 24, 2014, until December 11, 2014.

PROPOSED RULE: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to identify the electronic Wide Area Workflow Energy Receiving Report as the equivalent of the paper forms for the Material Inspection and Receiving Report, for overland shipments, and the Material Inspection and Receiving Report, Tanker/Barge, for waterborne shipments. Comments on the proposed rule should be submitted in writing on or before February 9, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

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