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Federal Register Highlights – 11/28/14

Unpublished, time-sensitive, and proposed rules for November 28, 2014:

PROPOSED RULE: The Coast Guard proposes to establish minimum design, operation, training, and manning standards for mobile offshore drilling units (MODUs) and other vessels using dynamic positioning systems to engage in Outer Continental Shelf activities. Establishing these minimum standards is necessary to improve the safety of people and property involved in such operations, and the protection of the environment in which they operate. This notice of proposed rulemaking would decrease the risk of a loss of position by a dynamically-positioned MODU or other vessel that could result in a fire, explosion, or subsea spill, and supports the Coast Guard’s strategic goals of maritime safety and protection of natural resources. Comments and related materials must be submitted on or before February 26, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

RULE: We are superseding airworthiness directive (A.D.) 2014-07-51 for Agusta Westland S.p.A. Model AB139 and AW139 helicopters with certain main rotor (M/R) rotating scissors installed. A.D. 2014-07-51 required repetitively inspecting the M/R rotating scissors for play of the lower half scissors spherical bearing (bearing) and removing the bearing if there was play beyond allowable limits. A.D. 2014-07-51 also required removing all affected bearings. A.D. 2014-07-51 was prompted by reports of certain bearings dislodging from certain M/R rotating scissors. This new A.D. retains the requirements of A.D. 2014-07-51, expands the applicability, and requires installing a special nut. These actions are intended to detect excessive play of the bearing and prevent failure of the M/R rotating scissors and subsequent loss of control of the helicopter. This A.D. becomes effective December 15, 2014.

RULE: We are adopting a new airworthiness directive (A.D.) for certain The Boeing Company Model DC-8-55, DC-8F-54, and DC-8F-55 airplanes, Model DC-8-60 series airplanes, Model DC-8-70 series airplanes, and Model DC-8-70F series airplanes. This A.D. was prompted by multiple reports of cracking of the upper aft skin panel of the fuselage. An evaluation by the design approval holder (DAH) indicates that the upper aft skin panel of the fuselage is subject to widespread fatigue damage (WFD). This A.D. requires removing any previously installed local repairs; installing a full-length improvement modification with or without finger doublers, or a full-length repair with or without finger doublers, as applicable; and doing repetitive inspections for cracking of the doublers, and repair if necessary. We are issuing this A.D. to detect and correct fatigue cracking of the upper aft skin panel of the fuselage, which could result in loss of structural integrity and consequent rapid decompression of the airplane. This A.D. is effective January 2, 2015.

PROPOSED RULE: In this Third Notice of Proposed Rule-making, the Federal Communications Commission (Commission) seeks comment on a number of issues involving low-power television (LPTV) and TV translator stations including measures to facilitate the final conversion of LPTV and TV translator stations to digital service and consider additional means to mitigate the potential impact of the incentive auction and the repacking process of LPTV and TV translator stations to help preserve the important services they provide. Written comments are due December 29, 2014. Reply comments are due January 12, 2015. (To submit comments, visit http://www.fcc.gov/cgb/ecfs. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The FTC is proposing further amendments to the Used Motor Vehicle Trade Regulation Rule (“Rule” or “Used Car Rule”) that would require dealers to indicate on the Buyers Guide whether they obtained a vehicle history report, and, if so, to provide a copy of the report to consumers who requested; revise the Buyers Guide statement describing the meaning of an “as is” sale in which a dealer offers a vehicle for sale without a warranty; and moved boxes to the front of the Buyers Guide for dealers to indicate whether non-dealer warranties apply to a vehicle. Based on the FTC’s review of the public comments, the Commission proposes these amendments to promote consumer access to vehicle history information, to clarify the meaning of “as is” in the sale of used vehicles without warranties, and to make disclosures concerning non-dealer warranties more prominent. The FTC is not adopting any final amendments to the Used Car Rule at this time. It continues to consider comments submitted in response to its Notice of Proposed Rulemaking (NPRM) published in December 2012 and six additional comments in this SNPRM. Comments must be received on or before January 30, 2015. (To submit comments, visit the website set up by the Federal Trade Commission for this purpose. Click here to be taken directly to the commenting page.)

Federal Register Highlights – 11/26/14

Unpublished, time-sensitive, and proposed rules for November 26, 2014:

RULE: We are superseding airworthiness directive (A.D.) 2004-16-01 for certain Airbus Model A330-200 and -300 series airplanes and model A340-200 and -300 series airplanes. A.D. 2004-16-01 required repetitive inspections for cracking of the chromed area of the left and right piston rods for the main landing gear (MLG) retraction actuators, and related investigative and corrective actions if necessary. This new A.D. requires repetitive draining of any fluid from the retraction actuator piston rod internal volume and sealing of the vent hole; repetitive ultrasonic inspection of the upper end of the piston rods, and corrective actions if necessary; a one-time ultrasonic inspections (longitudinal and circumferential) of the full length of the piston rod, and corrective actions if necessary; and a terminating modification of the left-hand and right-hand MLG retraction actuators. This A.D. was prompted by reports of the piston rods for the MLG retraction actuators rupturing during flight. We are issuing this A.D. to prevent cracking of the piston rods for the MLG retraction actuators, which could result in rupture of a piston rod, non-damped extension of the MLG, high loads on the fully extended MLG, and consequent reduced structural integrity of the MLG. This A.D. becomes effective December 31, 2014.

RULE: We are superseding airworthiness directive (A.D.) 2012-06-19 for certain Airbus Model A330-201, -202, -203, -223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes; and Model A340-200 and -300 airplanes. A.D. 2012-06-19 required repetitive inspections of the main fitting and sliding two of the nose landing gear (NLG) for defects, damage, and cracks; and corrective actions if necessary. This new A.D. requires an inspection of the part number and serial number of the NLG main fitting and NLG sliding tube; for affected parts, this new A.D. requires a magnetic particle inspection (MPI) for cracks, and flap peening and replacement if necessary. This new A.D. also requires, for certain parts, additional inspections for damage and cracking. This new A.D. also adds airplanes to the applicability. This A.D. was prompted by reports of the cracked main fitting and sliding tube during NLG overhaul. We are issuing this A.D. to detect and correct cracks, defects, or damage of the main fitting or sliding tube, which could result in consequent NLG collapse. This A.D. becomes effective December 31, 2014.

RULE: We are adopting a new airworthiness directive (A.D.) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This A.D. was prompted by reports of swing arm assemblies of engine fuel feed ejector pumps detaching from the outlet port of the engine fuel feed ejector pump and partially blocking the engine fuel feed line. This A.D. requires installing a restrictor into the engine fuel feed line. We are issuing this A.D. to prevent blocked engine fuel flow and possible engine flameout. This A.D. becomes effective December 31, 2014.

RULE: We Are Superseding Airworthiness Directive (A.D.) 2000-17-03 for all Fokker Services B.V. Model F.28 Mark 0100 airplanes. A.D. 2000-17-03 required inspection of the nose landing gear (NLG) main fitting to detect cracking of the NLG main fitting subassembly, and corrective actions if necessary. This new A.D. retains the requirements of A.D. 2000-17-03, requires installing a new part number NLG unit that terminates the repetitive inspections, and adds airplanes to the applicability. This A.D. was prompted by reports of an NLG main fitting failure. We are issuing this A.D. to prevent cracking of the NLG main fitting, which could lead to collapse of the NLG during takeoff and landing, and possible injury to the flight crew and passengers. This A.D. becomes effective December 31, 2014.

RULE: We are superseding airworthiness directive (A.D.) 2005-13-05, which apply to certain Boeing Model 747-400F series airplanes. A.D. 2005-13-05 required inspections for cracking of the web, upper chord, and upper chord straps of the upper deck floor beams, and repair of any cracking. A.D. 2005-13-05 also required a preventative modification of the upper deck floor beams, and repetitive inspections for cracking after accomplishing the modification. This new A.D. retains these actions and requires a second modification, repetitive inspections for cracking, and repair if necessary. This A.D. was prompted by a determination that the upper chords of the upper deck floor beams at certain stations are structures that are susceptible to widespread fatigue damage, and that certain airplanes with an initial modification require a second modification for the airplane to meet its limit of validity (LOV). We are issuing this A.D. to detect and correct fatigue cracking in certain upper chords of the upper deck floor beam, which could result in reduced structural integrity of the airplane and rapid decompression or reduced controllability of the airplane. This A.D. is effective December 31, 2014.

RULE: We are adopting a new airworthiness directive (A.D.) for certain The Boeing Company Model 787-8 airplanes. This A.D. was prompted by a report indicating that, on a different Boeing airplane model, there was an oxygen-fed fire, which caused extensive damage to the flight deck. This A.D. requires replacing the low-pressure oxygen hoses with non-conductive hoses in the crew oxygen system. We are issuing this A.D. to prevent inadvertent electrical current from passing through an internal, anti-collapse spring of the low-pressure oxygen hose, which can cause the low-pressure oxygen hose to melt or burn, leading to an oxygen-fed fire and/or smoke beneath the flight deck in the forward electronics equipment bay. This A.D. is effective December 31, 2014.

PROPOSED RULE: The Federal Energy Regulatory Commission proposes to approve Reliability Standard BAL-001-2 (Real Power Balancing Control Performance) and proposed new definitions submitted by the North American Electric Reliability Corporation (NERC). The proposed Reliability Standard is designed to ensure that applicable entities maintain system frequency within narrow bounds around a scheduled value. In addition, the Commission proposes that NERC submit an informational filing that would address the impact of the proposed Reliability Standard on inadvertent interchange and unscheduled power flows. Comments are due January 26, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: This proposed rule would set forth payment parameters and provisions related to the risk adjustment, reinsurance, and risk corridor programs; cost-sharing parameters and cost-sharing reductions; and user fees for Federally-facilitated Exchanges. It would also provide additional standards for the annual open enrollment period for the individual market for benefit years beginning on or after January 1, 2016, essential health benefits, qualified health plans, network adequacy, quality improvement strategies, the Small Business Health Options Program, guaranteed availability, guaranteed renewability, minimum essential coverage, the rate review program, the medical loss ratio program, and other related topics. To be assured consideration, comments must be received no later than 5 PM on December 22, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: This document proposes to amend Federal Motor Vehicle Safety Standards (FMVSSs) Nos. 122 and 123, to allow the use of an internationally recognized symbol as the antilock brake system (ABS) malfunction telltale. Although the use of the symbol complies with the FMVSS No. 122 requirement that the letters “ABS” indicator malfunction, the height of the letters “ABS” within the standardized malfunction symbol on many motorcycles do not comply with the letter height requirement in FMVSS No. 122. We are also proposing a technical change to correct a mistake in the 2012 final rule adopting FMVSS No. 122. Submit comments on or before December 26, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: NMFS announces that the State of New Jersey is transferring a portion of its 2014 commercial bluefish quota to the State of Rhode Island. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each State involved. Effective November 21, 2014, through December 31, 2014.

Federal Register Highlights – 11/25/14

Unpublished, time-sensitive and proposed rules for November 25, 2014:

PROPOSED RULE: DOD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to further implement the inflation adjustment of acquisition-related dollar thresholds. The statute requires an adjustment every five years of acquisition-related thresholds for inflation using the Consumer Price Index for all urban consumers, except for the Construction Wage Rate Requirements statute (Davis-Bacon Act), Service Contract Labor Standards statute, and trade agreements thresholds. DoD, GSA, and NASA are also proposing to use the same methodology to adjust nonstatutory FAR acquisition-related thresholds in 2015. Interested parties should submit written comments to the Regulatory Secretariat on or before January 26, 2015 to be considered in the formation of the final rule. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The FDIC is proposing to amend its filing requirements and processing procedures for notices filed under the Change in Bank Control Act (Notices). The proposed amendments are intended to accomplish several objectives. First, the proposed rule would consolidate into one subpart the current requirements and procedures for Notices filed with respect to State nonmember banks and certain parent companies thereof, and the requirements and procedures for Notices filed with respect to State savings associations and certain parent companies thereof. Second, the proposed rule would rescind the FDIC’s separate regulation governing the requirements and procedures for Notices filed with respect to State savings associations and certain parent companies thereof and would resend any guidance issued by the Office of Thrift Supervision (OTS) relating to changes in control of State savings associations that is inconsistent with the proposed rule. Third, the proposed rule would adopt the best practices of the related regulations of the Office of the Comptroller of the Currency (OCC) and the Board of Governors of the Federal Reserve System (Board of Governors). Finally, the proposed rule would clarify the FDIC’s requirements and procedures based on its experience interpreting and implementing the existing regulation. This proposed rule is also part of the FDIC’s continuing review of its regulations under the Economic Growth and Regulatory Paperwork Production Act of 1996. Comments must be received by January 26, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: NMFS implements accountability measures (AMs) for recreational gray triggerfish in the exclusive economic zone (EEZ) of the South Atlantic. Because recreational landings for gray triggerfish in the 2013 fishing year exceeded the recreational annual catch limits (ACL) for the stock, NMFS monitor the recreational landings in 2014 for a persistence in increased landings. To this temporary rule, NMFS now closes the recreational sector for gray triggerfish in the South Atlantic EEZ on November 26, 2014, as NMFS has projected the recreational ACL to have been met for the 2014 fishing year. Disclosure is necessary to protect the gray triggerfish resource. This rule is effective 12:01 AM local time, November 26, 2014 until 12:01 AM local time, January 1, 2015.

PROPOSED RULE: The National Park Service is proposing to construct a paved, multi-use visitor path in Bryce Canyon National Park. The path would be approximately 6.2 miles long and be open to several uses, including running, walking, and bicycling. National Park Service regulations require promulgation of a special regulation to designate new routes for bicycle use off park roads and outside developed areas. Comments must be received by January 26, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

Federal Register Highlights – 11/24/14

Unpublished, time-sensitive and proposed rules for November 24,2014:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the CSX Transportation Railroad Swing Span Bridge across Three Mile Creek, mile 0.3, at Mobile, Baldwin County, Alabama. This deviation is necessary to conduct maintenance to the bridge. This deviation allows the bridge to remain temporarily closed to navigation for twelve hours during one day and then operate during daylight hours only for eight consecutive days within a span of nine days. This deviation is effective from 7:00 AM on Thursday, November 27, 2014 through 6:00 PM on Friday, December 5, 2014.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Norfolk Seven Railroad Drawbridge, across Trent River, mile 0.2, at New Bern, North Carolina, to facilitate a rehabilitation project. This bridge presently opens on demand for navigation and is usually left in the open position only to close twice a day for train crossings. This deviation allows the bridge to remain closed to navigation from 8 AM Monday, December 15, 2014 until 7 PM Friday, December 19, 2014, so that necessary maintenance may be made. The deviation is necessary to facilitate removal and replacement of the rail lift joints. This deviation is effective from 8 AM on Monday, December 15, 2014 to 7 PM on Friday, December 19, 2014.

TEMPORARY RULE: The Coast Guard will enforce the safety zone for Connectquot River Fireworks on Connectquot River in Oakdale, New York from 6:30 PM to 7:30 PM on November 29, 2014. In the event of inclement weather the safety zone will be enforced from 6:30 PM to 7:30 PM on November 30, 2014. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after the fireworks event. During the aforementioned period, the Coast Guard will enforce restrictions upon, and control movement of, vessels in a specified area immediately prior to, during, and immediately after the fireworks event. During the enforcement., No person or vessel may enter the safety zone without permission of the Captain of the Port. The regulations in 33 CFR 165.151 Table 1, 11.3 will be enforced from 6:30 PM to 7:30 PM on November 29, 2014 with a rain date of November 30, 2014.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on Lake Michigan north of Navy Pier, Chicago Illinois. This safety zone is intended to restrict vessels from a designated portion of Lake Michigan for salvage operations of a sunken barge. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with salvage operations. This rule is effective without actual notice from November 24, 2014 until December 5, 2014. For the purposes of enforcement, actual notice will be used from November 4, 2014 until November 24, 2014.

PROPOSED RULE: This rule updates policy and outlines fiscal and logistical support the DOD may provide qualified Scouting organizations operating on U.S. military installations overseas based on Executive Order 12715, Support of Overseas Scouting Activities for Military Dependents and appropriate statutes as discussed below. It is DOD policy to cooperate with and assist qualified Scouting organizations in establishing and providing facilities and services, within available resources, and locations outside the United States to support DOD personnel and their families. Comments must be received by January 23, 2015. (To submit comments, visit http://www.regulations.com, reference docket number DOD-2014-OS-0170. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The FHWA is proposing to amend its regulations governing the acquisition, management, and disposal of real property for transportation programs and projects receiving funds under title 23, United States Code. The revisions are prompted by enactment of the Moving Ahead for Progress in the 21st Century Act (MAP-21). Section 1302 of MAP-21 includes new early acquisition flexibilities the can be used by State Department of Transportation (SDOT) and other grantees of title 23 Federal-eight highway program funds. This proposal is intended to develop regulations on the use of those new early acquisition flexibilities. The FHWA is also proposing to update the real estate regulations to reflect the agency’s experience with the Federal-aid highway program since the last comprehensive rule-making, which occurred more than a decade ago. The updates include clarifying the Federal-State partnership, streamlining processes to better meet current Federal-aid highway program needs, and eliminating duplicated and outdated regulatory language. This notice of proposed rulemaking provides interested parties with the opportunity to comment on proposed changes to the regulations. Comments must be received by January 23, 2015. Late filed comments will be considered to the extent practicable. (To submit comments, visit http://www.regulations.gov, reference docket number FHWA-2014-0026. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The U.S. Office of Personnel Management (OPM) is issuing a proposed rule to implement modifications to the Multistate Plan (MSP) Program based on the experience of the Program to date. OPM establish the MSP Program pursuant to section 1334 of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, referred to collectively as the Affordable Care Act. This proposed rule clarifies the approach used to enforce the applicable requirements of the Affordable Care Act with respect to health insurance issuers that contract with OPM to offer MSP options. This proposed rule amends MSP standards related to coverage area, benefits, and certain contracting provisions under section 1334 of the Affordable Care Act. This document also makes nonsubstantive technical changes. Comments are due on or before December 24, 2014. (To submit comments, visit http://www.regulations.gov, reference RIN 3206-AN12. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Commission is proposing rules addressing changes and corrections to the Mail Classification Schedule (MCS). The proposed rules established separate procedures for material changes in services offered in connection with products and corrections to product descriptions. The primary purposes of the proposed rules are to ensure that the MCS accurately describes the current product offerings of the Postal Service and to ensure compliance with the relevant statutory provisions one material changes to product offerings are made. The commission invites public comment on the proposals. Comments are due December 24, 2014. (To submit comments, visit http://www.prc.gov, reference docket number RM 2015-6. Commenting page was not available at the time of this posting.)

Federal Register Highlights – 11/21/14

Unpublished, time-sensitive and proposed rules for November 21, 2014:

RULE: We are superseding airworthiness directive (A.D.) 2013-15-09 for all Pratt & Whitney division (PW) PW4074, PW4074D, PW4077, PW4077D, PW4084D, PW4090, and PW4090-3 turbo fan engine models with certain second-stage high-pressure turbine (HPT) air seals installed. A.D. 2013-15-09 required initial and repetitive inspections for cracks in second-stage HPT air seals. This new A.D. expands the applicability of A.D. 2013-15-09 to include additional part numbers (P/Ns), requires removal of the meeting hardware if the second-stage HPT air seal is found with a through-crack, and adds a mandatory terminating action. This A.D. was prompted by reports of cracking in the original location on two additional P/Ns and reports of through-cracks in a new location in the second-stage HPT air seal. We are issuing this A.D. to prevent failure of the second-stage HPT air seal, which could lead to uncontained engine failure and damage to the airplane. This A.D. is effective December 26, 2014.

PROPOSED RULE: In this document, the Commission seeks comment on additional measures it could take to ensure that interstate and intrastate inmate calling services are provided consistent with the statute and the public interest and the Commission’s authority to implement these measures. The Commission believes that additional action on inmate calling service will help maintain familial contacts stressed by confinement while still ensuring the critical security needs of correction facilities of various sizes. Comments are due on or before January 5, 2015. Reply comments are due on or before January 20, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: This document and initiates a proceeding to address how to accommodate the long-term needs of wireless microphone users. Wireless microphones play an important role in enabling broadcasters and other video programming networks to serve consumers, including as the cover breaking news and broadcast live sports events. They enhance event productions and a variety of settings – including theaters and music venues, film studios, conventions, corporate events, houses of worship, and Internet webcasts. They also help create high-quality content that consumers demand and value. Recent actions by the Commission, and in particular the repurposing of broadcast television band spectrum for wireless services set forth in the Incentive Auction R & O, will significantly alter the regulatory environment in which wireless microphones operate, which necessitates our addressing how to accommodate wireless microphone users in the future.Comments must be filed on or before January 5, 2015, and reply comments must be filed on or before January 26, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: In this document, the Commission proposes and seeks comments on rules for unlicensed operations in the frequency bands that are now and will continue to be allocated and assigned to broadcast television services after the incentive auction, including fixed and personal/portable white space devices and unlicensed wireless microphones. The Commission also proposes and seeks comment on rules for the operation of unlicensed white space devices, and licensed and unlicensed wireless microphones in the 600 MHz Band, guard bands and duplex gap that will exist after the incentive auction. Comments are due on or before January 5, 2015; reply comments are due on or before January 26, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: This Notice of Proposed Rulemaking proposes requirements for submitting registration and summary results information, including adverse event information, for specified clinical trials of drugs (including biological products) and devices and for pediatric post-market surveillance system of a device to ClinicalTrials.gov, the clinical trial registry and results databank operated by the National Library of Medicine (NLM). This proposed rule provides for the expanded registry and results databank specified in Title VIII of the Food and Drug Administration Amendments Act of 2007 (FDAAA) to enhance patient enrollment, provide a mechanism to track subsequent progress of clinical trials, provide more complete results information, and enhance patient access to and understanding of the results of clinical trials. The proposed requirements would apply to the responsible party (meaning the sponsor or designated principal investigator) for certain clinical trials of drugs (including biological products) and devices that are regulated by the food and drug administration (FDA) and for pediatric post-market surveillance system of a device that are ordered by FDA. Comments are due on or before February 19, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: NMFS proposes to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council). If implemented, this rule would revise the recreational accountability measures (AMs) and establish a recreational annual catch target (ECT) for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). The purpose of this proposed rule is to help achieve optimum yield (OY) for the Gulf red snapper resource and better ensure red snapper recreational landings do not exceed the recreational quota established in the rebuilding plan, in accordance with sections 303(a)(15) and 407(d) of the Magnuson-Stevens Act (16 U.S.C. 1853(a)(15); 16 U.S.C. 1883(d)). Written comments must be received on or before December 22, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Department of Veterans Affairs (VA) proposes to amend its regulations regarding the presence of animals on VA property. Current VA regulation authorizes the presence of seeing-eye dogs on VA property and other animals as authorized at the discretion of the VA facility head or designee. However, applicable Federal law authorizes the presence of guide dogs and other service animals when these animals accompany individuals with disabilities seeking admittance to buildings or property owned or operated by the Federal Government. This proposed rule would expand the current VA regulations to be consistent with applicable Federal law, and would clarify the authority of the VA facility head or designee to allow non-service animals to be present on VA property. Comments must be received by VA on or before January 20, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

Federal Register Highlights – 11/20/14

Unpublished, time-sensitive, and proposed rules for November 20, 2014:

PROPOSED RULE: The United States Coast Guard proposes to establish a permanent security zones within Sector Boston’s Captain of the Port (COTP) on the waters in the vicinity of John Joseph Moakley United States Courthouse, Boston Massachusetts. Enforcement of this permanent security zone during high-profile court proceedings at the Moakley Courthouse is necessary to protect people, property, and the Port of Boston from subversive acts. Comments and related materials must be received by the Coast Guard on or before December 22, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

RULE: We are adopting a new airworthiness directive (A.D.) for certain Agusta Model A109E, A109K2, A119, and AW119MKII helicopters. This A.D. requires repetitively performing an magnetic particle inspection of the Gleason crown for a crack. This A.D. was prompted by a report of a crack that was found on a Gleason crown, which if not detected, could cause damage to or loss of the main rotor drive and subsequent loss of control of the helicopter. This A.D. is effective December 26, 2014.

RULE: We are adopting a new airworthiness directive (A.D.) for all Airbus Model A318 series airplanes, Model A319 series airplanes, Model A320-211, -212, -214, -231, -232, and -233 airplanes, and Model A321 series airplanes. This A.D. was prompted by a report of a circumferential crack at the gland retaining-ring groove of certain retraction actuators on the main landing gear (MLG). This A.D. requires an inspection to identify the part numbers of MLG retraction actuators and replacement of certain MLG retraction actuators. We are issuing this A.D. to prevent MLG retraction actuator failure that could prevent the full extension and/or down-locking of the MLG, possibly resulting in MLG collapse during landing or rollout, and consequent damage to the airplane and injury to the occupants. This A.D. becomes effective December 26, 2014.

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 a report indicating that inboard and outboard hydraulic lines of the brakes were found connected to the incorrect ports on the swivel assembly of the main landing gear (MLG). This A.D. requires modifying the MLG by installing a new bracket on the left and right lower aft-wing planks. We are issuing this A.D. to prevent incorrect installation of the brake hydraulic lines, which could cause the brakes and the anti-skid system to operate incorrectly, and consequent catastrophic failure of the airplane during a high-speed rejected takeoff.

RULE: We are adopting a new airworthiness directive (A.D.) for certain The Boeing Company Model 777-200LR, -300, -300ER, and 777F series airplanes. This A.D. was prompted by reports of dual pitch rate sensor (PRS) failures causing the primary flight computers to transition from primary mode to secondary mode, resulting in autopilot disconnect. This A.D. requires an inspection to determine the PRS part number, and replacement if necessary. We are issuing this A.D. to prevent a dual PRS failure that could cause an automatic disengagement of the autopilot and autoland, which may prevent continued safe flight and landing if disengagement occurs at low altitude and the flight crew is unable to safely assume control and execute a go-around or manual landing. This A.D. is effective December 26, 2014.

TEMPORARY RULE: NMFS is prohibiting directed fishing for dusky rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2014 total allowable catch of dusky rockfish in the Western Regulatory Area of the GOA. Effective 1200 hrs., Alaska local time (ALT), November 17, 2014, through 2400 hrs. ALT, December 31, 2014.

TEMPORARY RULE: NMFS is prohibiting directed fishing for northern rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2014 total allowable catch of northern rockfish in the Western Regulatory Area of the GOA. Effective 1200 hrs., Alaska local time (ALT), November 17, 2014, through 2400 hrs., ALT, December 31, 2014.

TEMPORARY RULE: NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2014 total allowable catch of Pacific ocean perch in the Western Regulatory Area of the GOA. Effective 1200 hrs., Alaska local time (ALT), November 17, 2014, through 2400 hrs., ALT, December 31, 2014.

Federal Register Highlights – 11/19/14

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

TEMPORARY RULE: The Coast Guard is changing the operating regulation that governs the Conrail railroad bridge over Darby Creek at mile 0.25 in Essington, Pennsylvania. The bridge owner, Conrail, is modifying the existing remote operating system which controls the bridge operations. Cameras will be installed in the remote operating site will move from its current location in Delair, New Jersey to Mount Laurel, New Jersey. The train crew is no longer required to stop and check the waterway for approaching vessel traffic prior to initiating the bridge closure and Mariners requesting an opening for the bridge will have to contacted the new remote location. This rule is effective December 19, 2014.

PROPOSED RULE: The U.S. Consumer Product Safety Commission has determined preliminarily that there may be an unreasonable risk of injury and death associated with recreational off-Highway vehicles (ROVs). To address these risks, the Commission proposes a rule that includes: lateral stability in vehicle handling requirements that specify a minimum level of rollover resistance for ROVs and require that our ROVs exhibit supplement understeer characteristics; occupant retention requirements that would limit the maximum speed of an ROV to no more than 15 mph (mph), unless the seatbelts of both the driver and front passenger’s, if any, are fastened, and would require ROVs to have a passive means, such as a barrier or structure, to limit further the ejection of the belted occupant in the event of a rollover; and information requirements. Submit comments by February 2, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number CPSC-2009-0087. Commenting page was not available at the time of this posting.)

PROPOSED RULE: On February 12, 2013, the Environmental Protection Agency (EPA) finalized amendments to the national emission standards for the control of hazardous air pollutants (NESHAP) from the new and existing Portland cement manufacturing industry as major sources of hazardous air pollutants (HAP). Subsequently, the EPA has become aware of certain minor technical errors in those amendments, and is, accordingly, proposing amendments at technical corrections to the final rule. In addition, the EPA plans to remove rule provisions establishing an affirmative defense in the final technical correction rule. Comments must be received on or before January 20, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number EPA-HQ-OAR-2011-0817. Commenting page was not available at the time of this posting.)

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