Skip to content

Federal Register Highlights – 9/16/14

Unpublished, time-sensitive and proposed rules for September 16, 2014: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 packaged terminal air conditioners (PTACs) and packaged terminal heat pumps (PTHPs). EPCA also requires the U.S. Department of Energy (DOE) to determine whether more-stringent, amended standards would be technologically feasible and economically justified, and would save a significant amount of energy. In this document, DOE proposes amended energy conservation standards for PTACs and PTHPs. The document also announces a public meeting to receive comment on these proposed standards and associated analyses and results. DATES: DOE will hold a public meeting on Wednesday, October 29, 2014, from 9 a.m. to 4 p.m., in Washington, DC. The meeting will also be broadcast as a webinar. See section VII, ‘‘Public Participation,’’ for webinar registration information, participant instructions, and information about the capabilities available to webinar participants. DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) before and after the public meeting, but no later than November 17, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number EERE–2012–BT–STD–0029. Commenting page was not available at the time of this posting.)

PROPOSED RULE: In this Third Further Notice of Proposed Rulemaking (Third Further Notice), the Commission seeks comment on technical issues related to the provision of enhanced location information and support for roaming for texts to 911, as well as the capabilities of future texting services. Comments received will inform the Commission of the technological and business issues related to the provision of location and roaming support for text-to-911, and how text-to-911 may be applied to future texting services. If the proposals are adopted, they will enhance existing text-to-911 service and lead to improved emergency response. Submit comments on or before October 16, 2014 and reply comments by November 17, 2014. (To submit comments, visit http://www.regulations.gov, reference PS Docket No. 10–255 or PS Docket No. 11–153. Commenting page was not available at the time of this posting.)

 

Federal Register Highlights – 9/15/14

Unpublished, time-sensitive and proposed rules for September 15, 2014:

TEMPORARY RULE: The Coast Guard will enforce the special local regulation regulating vessel movement in all U.S. navigable waters of the Maumee River, Toledo, OH, from the Norfolk and Southern Railway Bridge at River Mile 1.80 to the Anthony Wayne Bridge at River Mile 5.16. This special local regulated area is necessary to ensure the safety of life and property on navigable waters immediately prior to, during, and immediately after the Frogtown Races. During the aforementioned period, the Coast Guard will enforce restrictions upon, and control movement of, vessels in a portion of the Captain of the Port Detroit zone. The regulations in 33 CFR 100.928 will be enforced from 5 a.m. to 7 p.m. on September 27, 2014.

PROPOSED RULE: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to accommodate the Architect-Engineer Contract Administration Support System (ACASS) and Construction Contractor Appraisal Support System (CCASS) modules within the Contractor Performance Assessment Reporting System (CPARS) database. Interested parties should submit written comments to the Regulatory Secretariat on or before November 14, 2014 to be considered in the formation of the final rule. (To submit comments, visit http://www.regulations.gov, reference FAR Case 2014–010. Commenting page was not available at the time of this posting.)

RULE: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC–8–102, –103, –106, –201, –202, –301, –311, and –-315 airplanes. This AD was prompted by reports of dual alternating current (AC) generator failure during flight. The failure was attributed to wire chafing along the wing lower flap shroud. This AD requires revising the maintenance program to incorporate certain tasks for the electrical wiring interconnection system inspection program. We are issuing this AD to prevent failure of both AC generators due to wire chafing, which could result in loss of power to the anti-icing heaters for the elevator horn, engine inlet, and propeller, and consequent ice accumulation in these areas, which could adversely affect the controllability of the airplane. This AD becomes effective October 20, 2014.

RULE: We are adopting a new airworthiness directive (AD) for all Dassault Aviation Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes; Model MYSTERE–FALCON 200 airplanes; and Model MYSTERE–FALCON 20–C5, 20–D5, 20–E5, and 20–F5 airplanes. This AD was prompted by reports of a manufacturing defect in the charge indicator on fire extinguisher bottles. This AD requires repetitive weighing of fire extinguisher bottles having a certain part number, and eventual replacement of those bottles to terminate the repetitive weighing. We are issuing this AD to detect and correct a dormant failure in the fire suppression system, which could result in the inability to put out a fire in an engine, auxiliary power unit, or rear compartment. This AD becomes effective October 20, 2014.

RULE: We are revising an airworthiness directive (AD) 2013–22–14 for any DG Flugzeugbau GmbH Model DG–1000T glider equipped with a Solo Kleinmotoren Model 2350 C engine. 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 engine shaft failure and consequent propeller detachment. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective October 20, 2014.

RULE: The FAA is revising airworthiness directive (AD) 2014–07–04 that published in the Federal Register to correct certain errors. AD 2014–07–04 applied to certain Sikorsky Model S–92A helicopters. The range of serial numbers in the Applicability section and a reference to the service information in the Required Actions section of the regulatory text are incorrect. This document corrects those errors. In all other respects, the original document remains the same. This final rule is effective September 30, 2014.

PROPOSED RULE: The Food and Drug Administration (FDA) is proposing in this administrative order to reclassify the external pacemaker pulse generator (EPPG) devices, a preamendments class III device into class II (special controls), and to amend the device identification and reclassify the pacing system analyzers (PSAs) into class II (special controls). Specifically, single and dual chamber PSAs, which are currently classified with EPPG devices, and triple chamber PSAs (TCPSAs), which are postamendments class III devices, are proposed to be reclassified to class II devices. FDA is proposing this reclassification based on new information pertaining to the device. This proposed action would implement certain statutory requirements. Submit either electronic or written comments on the proposed order by December 15, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number FDA–2011–N–0650. Commenting page was not available at the time of this posting.)

PROPOSED RULE: NMFS is issuing a proposed rule to require use of a NMFS-approved vessel monitoring system (VMS) and institute a 48-hour pre-trip call-in notification requirement for West Coast Large-mesh Swordfish Drift Gillnet (DGN) vessel owners. The DGN fishery operates under authority of the Federal Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). The VMS requirement is a mandatory term and condition in the 2013 Endangered Species Act (ESA) Section 7 biological opinion (Opinion) that authorizes the DGN fishery to take certain threatened and endangered species incidental to fishing operations. Installing and operating VMS on vessels in this fishery would provide NMFS and law enforcement personnel the ability to monitor the fishery for compliance with time/area closures, facilitate the deployment of agents to inspect vessels for compliance with conservation measures, and more closely examine and compare the distribution of observed and unobserved fishing effort in the fishery. The pre-trip notification would assist NMFS with timely and efficient placement of NMFS observers onboard DGN vessels. Comments must be received on or before September 30, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number NOAA–NMFS–2014–2013–0131. Commenting page was not available at the time of this positing.)

PROPOSED RULE: The Rural Business-Cooperative Service (Agency) is an agency within the Rural Development mission area of the United States Department of Agriculture (USDA) responsible for administering the Business and Industry (B&I) Guaranteed Loan Program. The B&I Guaranteed Loan Program is authorized by the Consolidated Farm and Rural Development Act and provides loan guarantees to banks and other approved lenders to finance private businesses located in rural areas. The Agency is proposing changes to refine the regulations for the B&I Guaranteed Loan Program in an effort to improve program delivery, clarify the regulations to make them easier to understand, and reduce delinquencies. The proposed changes to the program are expected to reduce the subsidy rate and thereby lower program subsidy costs over time as the proposed rule is implemented. By lowering the subsidy rate, the Agency may be able to provide greater leverage for the budget authority provided by Congress. This will allow the Agency to guarantee a higher total dollar amount of loan requests and, assuming the same average size of loans being guaranteed, to guarantee more loans. These changes could also result in increased lending activity, expanded business opportunities, and creation of more jobs in rural areas. Comments on the proposed rule must be received on or before November 14, 2014. The comment period for the information collection under the Paperwork Reduction Act of 1995 continues through November 14, 2014. (To submit comments, visit http://www.regulations.gov, reference RIN 0570–AA85. Commenting page was not available at the time of this posting.)

 

Federal Register Highlights – 9/12/14

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

TEMPORARY RULE: The Coast Guard will enforce a segment of the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, Calumet-Saganashkee Channel on all waters of the Chicago Sanitary and Ship Canal from Mile Marker 296.1 to Mile Marker 296.7 at specified times from September 3, 2014, to November 26, 2014. This action is necessary to protect the waterway, waterway users, and vessels from the hazards associated with the U.S. Army Corps of Engineers’ installation of a new permanent fish barrier. During the enforcement periods listed below, entry into, transiting, mooring, laying-up or anchoring within the enforced area of this safety zone by any person or vessel is prohibited unless authorized by the Captain of the Port, Lake Michigan, or her designated representative. The regulations in 33 CFR 165.930 will be enforced intermittently from 7 a.m. to 4 p.m. on Monday through Friday, from September 3, 2014 to September 30, 2014. In the event that the installation of the new permanent fish barrier cannot be completed in this timeframe, due to inclement weather or other unforeseen circumstances, this zone will be enforced from 7 a.m. to 4 p.m. on October 1, 2014 through November 26, 2014, excluding October 13, 2014, and November 11, 2014.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on Sackets Harbor, Sackets Harbor, NY for a triathlon event. This temporary safety zone is necessary to protect swimmers from vessels operating in the area. This safety zone will restrict vessels from a portion of Lake Ontario during the swimming portion of the IncreDoubleman Triathlon event. This temporary final rule is effective from 6:45 a.m. until 9:30 a.m. on September 13 and 14, 2014.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone within the navigable waters of Thompson Bay in Lake Havasu, AZ in support of the Lucas Oil Thunder on the River high speed boat race. This safety zone is established to help ensure the safety of participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Unauthorized persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or their designated representative. This rule is effective from 7 a.m. to 7 p.m. on October 10, 2014 through October 12, 2014.

RULE: We are superseding Airworthiness Directive (AD) 2007–18–09 for all Airbus Model A318, A319, A320, and A321 series airplanes. AD 2007–18–09 required repetitive inspections of the upper support of the nose landing gear (NLG), and related investigative and corrective actions if necessary; and also provided an optional terminating action for the repetitive inspections. This new AD adds installation of a new enhanced manufacturing and maintainability (EMM) braking and steering control unit (BSCU) standard, and adds airplanes to the applicability. This AD was prompted by a determination that previously allowed terminating actions no longer address the unsafe condition and that a new terminating action is necessary. We are issuing this AD to prevent landings with the NLG turned 90 degrees from centerline, which could result in reduced controllability of the airplane. This AD becomes effective October 17, 2014.

RULE: We are adopting a new airworthiness directive (AD) for APEX Aircraft Model R 3000/160 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as small pieces of paint from the engine air intake box blocking the engine carburetor. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective October 17, 2014.

PROPOSED RULE: The Commission has before it a petition for rulemaking filed by Ion Media Kansas City License, Inc. (‘‘Ion Media’’), the licensee of station KPXE–TV, channel 51, Kansas City, Missouri, requesting the substitution of channel 30 for channel 51 at Kansas City. While the Commission instituted a freeze on the acceptance of full power television rulemaking petitions requesting channel substitutions in May 2011, it subsequently announced that it would lift the freeze to accept such petitions for rulemaking seeking to relocate from channel 51 pursuant to a voluntary relocation agreement with Lower 700 MHz A Block licensees. Ion Media has entered into such a voluntary relocation agreement with T-Mobile USA, Inc. and states that operation on channel 30 would eliminate potential interference to and from wireless operations in the adjacent Lower 700 MHZ A Block. Comments must be filed on or before October 14, 2014, and reply comments on or before October 27, 2014. (Submit comments in writing to: Federal Communications Commission, Office of the Secretary, 445 12th Street SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for petitioner as follows: John R. Feore, Esq., Cooley LLP, 1299 Pennsylvania Avenue NW., Suite 700, Washington, DC 20004–2400.)

PROPOSED RULE: The Commission has before it a petition for rulemaking filed by WPXS, Inc. (‘‘WPXS’’), the licensee of station WPXS(TV), channel 21, Mount Vernon, Illinois, requesting the substitution of channel 11 for channel 21 at Mount Vernon. While the Commission instituted a freeze on the acceptance of full power television rulemaking petitions requesting channel substitutions in May 2011, it recently adopted rules to implement the broadcast television spectrum incentive auction authorized by the Spectrum Act which facilitates the voluntary return of television spectrum usage rights and reorganizes the broadcast television bands. The Commission will be able to recover a portion of ultra-high frequency (‘‘UHF’’) spectrum for new, flexible-use licenses suitable for mobile broadband services. By relinquishing channel 21, a UHF channel, the proposed channel substitution will assist the Commission in the repacking process by freeing up a UHF channel, which serves the public interest. Comments must be filed on or before October 14, 2014, and reply comments on or before October 27, 2014. (Submit comments in writing to: Federal Communications Commission, Office of the Secretary, 445 12th Street SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for petitioner as follows: John R. Feore, Esq., Cooley LLP, 1299 Pennsylvania Avenue NW., Suite 700, Washington, DC 20004–2400.)

PROPOSED RULE: The Commission has before it a petition for rulemaking filed by Ion Media Atlanta License, Inc. (‘‘Ion Media’’), the licensee of station WPXA–TV, channel 51, Rome, Georgia, requesting the substitution of channel 31 for channel 51 at Rome. While the Commission instituted a freeze on the acceptance of full power television rulemaking petitions requesting channel substitutions in May 2011, it subsequently announced that it would lift the freeze to accept such petitions for rulemaking seeking to relocate from channel 51 pursuant to a voluntary relocation agreement with Lower 700 MHz A Block licensees. Ion Media has entered into such a voluntary relocation agreement with T-Mobile USA, Inc. and states that operation on channel 31 would eliminate potential interference to and from wireless operations in the adjacent Lower 700 MHZ A Block. Comments must be filed on or before October 14, 2014, and reply comments on or before October 27, 2014. (Submit comments in writing to: Federal Communications Commission, Office of the Secretary, 445 12th Street SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for petitioner as follows: Derek Teslik, Esq., Cooley LLP, 1299 Pennsylvania Avenue NW., Suite 700, Washington, DC 20004–2400.)

PROPOSED RULE: The Federal Housing Finance Agency (FHFA) is proposing to revise its regulations governing Federal Home Loan Bank (Bank) membership primarily to require each applicant and member institution to hold one percent of its assets in ‘‘home mortgage loans’’ in order to satisfy the statutory requirement that an institution make long-term home mortgage loans; require each member to comply on an ongoing basis, rather than on a one-time basis as at present, with the foregoing requirement and, where applicable, with the requirement that it have at least 10 percent of its assets in ‘‘residential mortgage loans;’’ define the term ‘‘insurance company’’ to exclude from Bank membership captive insurers, but permit existing captive members to remain members for five years with certain restrictions on their ability to obtain advances; require a Bank to obtain and review an insurance company’s audited financial statements when considering it for membership; and clarify the standards by which an insurance company’s ‘‘principal place of business’’ is to be identified in determining the appropriate Bank district for membership. Written comments must be received on or before November 12, 2014. (To submit comments, visit http://www.regulations.gov, reference RIN 2590–AA39. Commenting page was not available at the time of this posting.)

TEMPORARY RULE: NMFS extends the recreational fishing season for the red grouper component of the reef fish fishery in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2014 fishing year through this temporary rule. On April 30, 2014, NMFS published a temporary rule to implement accountability measures and a closure for the recreational sector for red grouper. That temporary rule reduced the red grouper bag limit in the Gulf EEZ to three fish (within the current four-fish grouper aggregate bag limit) and announced a recreational fishing season closure date of September 16, 2014, based on a recreational annual catch limit (ACL) overage in 2013 and the reduced bag limit. However, using updated landings information from 2014, NMFS has determined that the recreational fishing season for red grouper may be extended for an additional 18 days. The purpose of this action is to provide fishermen the opportunity to harvest the recreational annual catch target (ACT) for Gulf red grouper, and the opportunity to achieve the optimum yield for the fishery, thus enhancing social and economic benefits to the fishery. The extension is effective 12:01 a.m., local time, September 16, 2014, until 12:01 a.m., local time, October 4, 2014. The season will then be closed until it reopens on January 1, 2015, the beginning of the 2015 recreational fishing season, unless further notification is published in the Federal Register.

TEMPORARY RULE: NMFS is reallocating the projected unused amounts of the Aleut Corporation’s pollock directed fishing allowance from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2014 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. Effective 1200 hrs, Alaska local time (A.l.t.), September 12, 2014, until 2400 hrs, A.l.t., December 31, 2014.

Federal Register Highlights – 9/11/14

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

PROPOSED RULE: This action proposes revisions to ambient air monitoring requirements for criteria pollutants to provide clarifications to existing requirements to reduce the compliance burden of monitoring agencies operating ambient networks. This proposal focuses on reorganizing and clarifying quality assurance requirements, simplifying and reducing data reporting and certification requirements, clarifying the annual monitoring network plan public notice requirements, revising certain network design criteria for nonsource lead monitoring, and addressing other issues in part 58 Ambient Air Quality Surveillance Requirements. Comments must be received on or before November 10, 2014. (to submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Federal Housing Finance Agency (FHFA) is issuing a proposed rule with request for comments regarding the housing goals for Fannie Mae and Freddie Mac (the Enterprises). The Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as amended, (the Safety and Soundness Act) requires FHFA to establish annual housing goals for mortgages purchased by the Enterprises. The housing goals include separate categories for single-family and multifamily mortgages on housing that is affordable to low-income and very low-income families, among other categories. The existing housing goals for the Enterprises remain in effect through the end of 2014. This proposed rule would update the benchmark levels for each of the housing goals and subgoals for 2015 through 2017. The proposed rule would also establish a new housing subgoal for small multifamily properties affordable to low-income families. The proposed rule presents three alternatives for determining whether an Enterprise has met the single-family housing goals. The first option would keep the current approach, which compares the performance of the Enterprise both to a benchmark level and to a retrospective market level. The second option would use a benchmark level only, and the third option would use a retrospective market level only. The proposed rule would also revise a number of other provisions in order to provide greater clarity on the mortgages eligible for goal or subgoal categories. Specific changes include rules for counting shared living spaces such as student housing and rules for skilled nursing and seniors housing units. In addition, the proposed rule would make a number of clarifying and conforming changes, including revisions to the definitions of ‘‘rent’’ and ‘‘utilities’’ and to the rules for determining affordability of both single-family and multifamily units. FHFA also plans to require more detailed Enterprise reporting on their purchases of mortgages on single-family rental housing. Finally, the proposed rule would establish more transparent agency procedures if FHFA issues guidance on the housing goals in the future. FHFA will accept written comments on the proposed rule on or before October 28, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: NMFS proposes to revise the regulations governing transshipment and international port inspection for vessels with Atlantic highly migratory species (HMS) permits to implement recommendations adopted at recent meetings of the International Commission for the Conservation of Atlantic Tunas (ICCAT). The proposed rule would expand the current prohibition on transfer at sea to include any tuna, tuna-like species, or other Atlantic HMS both at sea and in port inside the Atlantic Ocean, and also prohibit the transfer of Atlantic HMS by U.S. vessels outside of the Atlantic Ocean and its surrounding seas. However, tuna purse seine vessels would still be allowed to transfer Atlantic bluefin tuna from the catcher vessel to the receiving vessel in certain limited circumstances. Additionally, the proposed rule would revise current regulations for U.S.-permitted vessels landing tuna, tuna-like species, or other HMS in foreign ports or making port calls in foreign ports to update information and reporting procedures. NMFS is also notifying vessels with HMS permits of a proposed requirement that they provide an International Maritime Organization (IMO)/Lloyd’s Registry (LR) number on their permit application by no later than January 1, 2016. The purpose of this proposed rule is to ensure U.S. compliance with ICCAT recommendations and to facilitate implementation of international monitoring, control, and surveillance measures for Atlantic HMS. Written comments must be received on or before October 14, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: We are proposing a rule under the Securities Act of 1933 to provide that certain communications involving security-based swaps that may be purchased only by eligible contract participants will not be deemed for purposes of Section 5 of the Securities Act to constitute offers of such security-based swaps or any guarantees of such security-based swaps that are securities. Under the proposed rule, the publication or distribution of price quotes relating to security-based swaps that may be purchased only by persons who are eligible contract participants and are traded or processed on or through a facility that either is registered as a national securities exchange or as a security-based swap execution facility, or is exempt from registration as a security-based swap execution facility pursuant to a rule, regulation, or order of the Commission, would not be deemed to constitute an offer, an offer to sell, or a solicitation of an offer to buy or purchase such security-based swaps or any guarantees of such security-based swaps that are securities for purposes of Section 5 of the Securities Act. Comments should be received on or before November 10, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page,)

Federal Register Highlights – 9/10/14

Unpublished, time-sensitive and proposed rules for September 10, 2014:

PROPOSED RULE: The Agricultural Marketing Service (AMS) is proposing to amend its regulations to provide for a set of standardized formulas by which fees are calculated. The methodology used to calculate and implement the fees charged by AMS user-funded programs would be specified in the regulations. Currently, AMS publishes separate rules for each of the service fees it collects. The fees are calculated using formulas to account for all costs incurred by AMS in providing these services. Each year, fees would be announced in a notice in the Federal Register by June 1 and take effect at the start of the fiscal year, crop year, or as required by specific laws. This would provide greater transparency to the customers we serve as to how the fees are derived. The standardized formulas would be used to calculate fees that AMS charges for providing voluntary grading, inspection, certification, auditing and laboratory services for a variety of agricultural commodities including meat and poultry, fruits and vegetables, eggs, dairy products, and cotton and tobacco. The fees would also apply to those persons requesting such services including producers, handlers, processors, importers and exporters. Fees charged for inspection of fruits, vegetables, and specialty crops subject to the Agricultural Marketing Agreement Act of 1937 also would be affected by this rule. Provisions of this proposed rule would not supersede rates established by Memorandum of Understanding, Marketing Orders, or by cooperative agreements already in place. Furthermore, the cotton program would continue to consult with its industry before rates are established. Comments must be received by October 10, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number AMS–LPS–13–0050. Commenting page was not available at the time of this posting.)

PROPOSED RULE: This NPRM provides interested parties with the opportunity to comment on proposed revisions to the Federal Highway Administration (FHWA) and the Federal Transit Administration’s (FTA) statewide and nonmetropolitan and metropolitan transportation planning regulations related to the use of and reliance on planning products developed during the transportation planning process for project development and the environmental review process. The revisions are prompted by the enactment of the Moving Ahead for Progress in the 21st Century Act (MAP–21). Specifically, through this rulemaking FHWA and FTA would interpret and implement MAP–21’s additional authority for FHWA and FTA to use planning products developed by States, Metropolitan Planning Organizations (MPO), and other agencies during the transportation planning process in the environmental review process for a project. Comments must be received on or before November 10, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number FHWA–2014–0031. Commenting page was not available at the time of this positing.)

TEMPORARY RULE: NMFS is closing commercial fishing for Pacific bluefin tuna in the eastern Pacific Ocean (EPO) because the catch limit is expected to be reached by the effective date of this action. This action is necessary per the intentions of the final rule (May 16, 2014), that implements the Inter-American Tropical Tuna Commission Resolution C–13–02 on conservation and management measures for Pacific bluefin tuna in the EPO. Effective at 5 p.m. PDT, September 5, 2014 through December 31, 2014.

PROPOSED RULE: The U.S. Small Business Administration (SBA) proposes to increase small business size standards for 209 industries in North American Industry Classification System (NAICS) Sector 31–33, Manufacturing. SBA also proposes to increase the refining capacity component of the Petroleum Refiners (NAICS 324110) size standard to 200,000 barrels per calendar day total capacity for businesses that are primarily engaged in petroleum refining. In addition, SBA proposes to eliminate the requirement that 90 percent of output being delivered is refined by the bidder. As part of its ongoing comprehensive size standards review, SBA evaluated employee based size standards for all 364 industries in NAICS Sector 31–33 to determine whether they should be retained or revised. This proposed rule is one of a series of proposed rules that will review size standards of industries grouped by NAICS Sector. SBA must receive comments to this proposed rule on or before November 10, 2014. (To submit comments, visit http://www.regulations.gov, reference RIN 3245–AG50. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The U.S. Small Business Administration (SBA) proposes to increase employee based small business size standards for 30 industries and three sub-industries (i.e., exceptions in SBA’s table of size standards) and decrease them for three industries that are not part of North American Industry Classification System (NAICS) Sector 31–33 (Manufacturing), Sector 42 (Wholesale Trade), or Sector 44–45 (Retail Trade). SBA also proposes to eliminate the Information Technology Value Added Resellers sub-industry or ‘‘exception’’ under NAICS 541519 (Other Computer Related Services) and its 150-employee size standard. Similarly, SBA proposes to eliminate the Offshore Marine Air Transportation Services sub-industry or ‘‘exception’’ under NAICS 481211 and 481212 and Offshore Marine Services sub-industry or ‘‘exception’’ under NAICS Subsector 483 and their $28 million receipts based size standard. This proposed change includes removing Footnote 15 and Footnote 18 from the table of size standards. As part of its ongoing comprehensive size standards review, SBA evaluated employee based size standards for 57 industries and five sub-industries that are not in NAICS Sectors 31–33, 42, or 44–45 to determine whether they should be retained or revised. This proposed rule is one of a series of proposed rules that will review size standards of industries grouped by NAICS Sector. SBA must receive comments to this proposed rule on or before November 10, 2014. (To submit comments, visit http://www.regulations.gov, reference RIN 3245–AG51. Commenting page was not available at the time of this positing).

Federal Register Highlights – 9/9/14

Unpublished, time-sensitive and proposed rules for September 9, 2014:

PROPOSED RULE: We are proposing to amend our regulations governing the importations of fruits and vegetables by broadening our existing performance standard to provide for approval of all new fruits and vegetables for importation into the United States using a notice-based process. We are also proposing to remove the region- or commodity-specific phytosanitary requirements currently found in these regulations. Likewise, we are proposing an equivalent revision of the performance standard in our regulations governing the interstate movements of fruits and vegetables from Hawaii and the U.S. territories (Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands) and the removal of commodity-specific phytosanitary requirements from those regulations. This proposal would allow for the approval of requests to authorize the importation or interstate movement of new fruits and vegetables in a manner that enables a more flexible and responsive regulatory approach to evolving pest situations in both the United States and exporting countries. It would not however, alter the science- based process in which the risk associated with importation or interstate movement of a given fruit or vegetable is evaluated or the manner in which risks associated with the importation or interstate movement of a fruit or vegetable are mitigated. We will consider all comments that we receive on or before November 10, 2014. (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 Burlington Northern Santa Fe (BNSF) Railway Company swing span bridge across the Boeuf Bayou, mile 10.2, in Amelia, St. Mary Parish, Louisiana. The deviation is necessary to complete scheduled maintenance and repairs for the continued safe operation of the bridge. This deviation allows the bridge to remain in the closed-to-navigation position for seven consecutive hours. This deviation is effective from 7 a.m. through 2 p.m. on September 18, 2014.

TEMPORARY RULE: The Coast Guard is establishing a safety zone in the waters off of Tarague Basin, Anderson AFB, Guam, for the safety of waterway users, during U.S. Air Force explosive ordnance disposal operations. The U.S. Air Force plans to engage in explosive ordnance disposal operations starting in August 2014, and continue to do so at varying times weekly, for an indefinite duration. The safety zone is activated, and therefore subject to enforcement, during these operations. When the safety zone is activated for enforcement, all entry into the safety zone (including vessels and persons) is prohibited except by permission from the Captain of the Port or his designated representative. The Coast Guard is implementing this interim rule for the safety of mariners; we encourage comments on this rulemaking as to how we may improve the rule. This rule is effective without actual notice September 9, 2014. For the purposes of enforcement, actual notice will be used from August 22, 2014, until September 9, 2014.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone in the West Duwamish Waterway in Seattle, Washington due to scheduled drydock movement at Vigor Industrial. The safety zone is necessary to ensure the safety of the maritime public and workers involved in the drydock movement. The safety zone will prohibit any person or vessel from entering or remaining in the safety zone unless authorized by the Captain of the Port or a Designated Representative. This rule is effective from September 17, 2014 to September 18, 2014. This rule will be enforced from 11:00 a.m. until 6:00 p.m. on September 17, 2014, and from noon until 6:30 p.m. on September 18, 2014.

TEMPORARY RULE: The Coast Guard is establishing special local regulations on the waters of Lake Dora in Tavares, Florida, during the Hydrocross, a series of high-speed personal watercraft races. The event is scheduled to take place on September 13 and 14, 2014. Approximately 50 vessels are anticipated to participate in the races. This special local regulation is necessary to ensure the safety of life on navigable waters of the United States during the races. This rule is effective on September 13 and 14, 2014 and will be enforced daily from 9 a.m. to 5 p.m.

RULE: We are superseding Airworthiness Directive (AD) 2013–03–23 for all Gulfstream Aerospace LP (Type Certificate previously held by Israel Aircraft Industries, Ltd.) Model Gulfstream G150 airplanes. AD 2013–03–23 required revising the airplane flight manual (AFM) to include procedures to advise the flightcrew of certain runway slope and anti-ice corrections and takeoff distance values. This new AD requires revising the Performance section of the AFM, which includes the revised procedures. This AD was prompted by the issuance of a revision to the AFM, which modifies runway slope and anti-ice corrections to both V1 and takeoff distance values. We are issuing this AD to prevent the use of published, non-conservative data, which could result in the inability to meet the required takeoff performance, with a consequent hazard to safe operation during performance-limited takeoff operations. This AD becomes effective October 14, 2014.

RULE: We are adopting a new airworthiness directive (AD) for certain Rockwell Collins TDR–94 and TDR–94D Mode select (S) transponders that are installed on airplanes. This AD was prompted by instances where the TDR– 94 and TDR–94D Mode S transponders did not properly respond to Mode S Only All-Call interrogations when the airplane transitioned from a ground to airborne state. This AD requires inspecting the setting of the airplane type code category strapping and requires either modifying the airplane type code category setting or installing the software upgrade to convert the affected transponders to the new part number. We are issuing this AD to correct the unsafe condition on these products. This AD is effective October 14, 2014.

PROPOSED RULE: FRA proposes amendments to the brake system safety standards for freight and other non-passenger trains and equipment to strengthen the requirements relating to the securement of unattended equipment. Specifically, FRA would codify many of the requirements already included in its Emergency Order 28, Establishing Additional Requirements for Attendance and Securement of Certain Freight Trains and Vehicles on Mainline Track or Mainline Siding Outside of a Yard or Terminal. FRA proposes to amend existing regulations to include additional securement requirements for unattended equipment, primarily for trains transporting poisonous by inhalation hazardous materials or large volumes of Division 2.1 (flammable gases), Class 3 (flammable or combustible liquids, including crude oil and ethanol), and Class 1.1 or 1.2 (explosives) hazardous materials. For these trains, FRA also proposes additional communication requirements relating to job briefings and securement verification. Finally, FRA proposes to require all locomotives left unattended outside of a yard to be equipped with an operative exterior locking mechanism. Attendance on trains would be required on equipment not capable of being secured in accordance with the proposed and existing requirements. Written comments must be received by November 10, 2014. Comments received after that date will be considered to the extent possible without incurring additional expenses or delays. (To submit comments, visit http://www.regualations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: NMFS is closing the fisheries for commercial blacknose sharks and non-blacknose SCS in the Gulf of Mexico region. This action is necessary because the commercial landings of Gulf of Mexico non-blacknose SCS for the 2014 fishing season could exceed 80 percent of the available commercial quota as of September 5, 2014, and the fisheries are quota-linked under current regulations. The commercial fisheries for blacknose sharks and Gulf of Mexico non-blacknose SCS in the Gulf of Mexico region are closed effective 11:30 p.m. local time September 9, 2014, until the end of the 2014 fishing season on December 31, 2014, or until and if NMFS announces via a notice in the Federal Register that additional quota is available and the season is reopened.

PROPOSED RULE: This proposed rule would implement a Seabird Avoidance Program in the Pacific Coast Groundfish Fishery. The proposed rule was recommended by the Pacific Fishery Management Council (Council) in November 2013 and is specifically designed to minimize the take of ESA-listed short-tailed albatross (Phoebastria albatrus). A 2012 U.S. Fish and Wildlife Service Biological Opinion required NMFS to initiate implementation of regulations within 2 years mandating the use of seabird avoidance measures by vessels greater than or equal to 55 feet length overall (LOA) using bottom longline gear to harvest groundfish. The seabird avoidance measures, including streamer lines that deter birds from ingesting baited hooks, are modeled after a similar regulatory program in effect for the Alaskan groundfish fishery. Comments on this proposed rule must be received on or before October 9, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: NMFS is proposing to codify type-approval standards, specifications, procedures, and responsibilities applicable to commercial Enhanced Mobile Transceiver Unit (EMTU) vendors and mobile communications service (MCS) providers seeking to obtain and maintain type-approval by NMFS for EMTU/MTU or MCS, collectively referred to as vessel monitoring system (VMS), products and services. This proposed rule is necessary to specify NMFS procedures for EMTU/MTU and MCS type-approval, type-approval renewal, and revocation; revise latency standards; and ensure compliance with type-approval standards. Comments must be received by October 24, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

Federal Register Highlights – 9/8/14

Unpublished, time-sensitive and proposed rules for September 8, 2014:

TEMPORARY RULE: NMFS implements accountability measures (AMs) for the commercial sector for vermilion snapper in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for vermilion snapper, as estimated by the Science Research Director (SRD), are projected to reach the commercial annual catch limit (ACL) for the July 1 through December 31, 2014, fishing period on September 12, 2014. Therefore, NMFS closes the commercial sector for vermilion snapper in the South Atlantic EEZ on September 12, 2014, and it will remain closed until the start of the January 1 through June 30, 2015, fishing period. This closure is necessary to protect the vermilion snapper resource. This rule is effective 12:01 a.m., local time, September 12, 2014, until 12:01 a.m., local time, January 1, 2015.

PROPOSED RULE: The Department of Veterans Affairs (VA) is proposing to implement through regulation statutory authority to provide grants for the development of new assistive technologies for use in specially adapted housing for eligible veterans or servicemembers, as authorized by the Veterans’ Benefits Act of 2010 (the Act), enacted on October 13, 2010. The Act authorizes VA to provide grants of up to $200,000 per fiscal year to persons or entities to encourage the development of specially adapted housing assistive technologies. VA is amending its regulations to outline the process, the criteria, and the priorities relating to the award of these research and development grants. Comments must be received by VA on or before November 7, 2014. (To submit comments, visit http://www.regulations.gov, reference RIN 2900–AO70. Commenting page was not available at the time of this posting.)

Follow

Get every new post delivered to your Inbox.

Join 44 other followers