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Federal Register Highlights – 9/30/14

Unpublished, time-sensitive and proposed rules for September 30, 2014:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the US 70/Alfred C. Cunningham Bridge across the Trent River, mile 0.0, at New Bern, NC. The deviation is necessary to allow the annual Neuse River Bridge Run participants to safely complete their race without interruptions from bridge openings. This deviation allows the bridge draw span to remain in the closed-to-navigation position for three hours to accommodate the race. This deviation is effective from 6:30 a.m. to 9:30 a.m. on October 18, 2014.

PROPOSED RULE: This document contains proposed regulations that would revise filing procedures for apprenticeship and training plan notices and ‘‘top hat’’ plan statements with the Secretary of Labor to require electronic submission of these notices and statements. Comments are due on or before December 29, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

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 small, large, and very large air-cooled commercial package air conditioning and heating equipment. 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 to amend the energy conservation standards for small, large, and very large air-cooled commercial package air conditioning and heating equipment. This document also announces a public meeting to receive comment on these proposed standards and associated analyses and results. DOE will hold a public meeting on Thursday, November 6, 2014, from 9 a.m. to 4 p.m., in Washington, DC. The meeting will also be broadcast as a webinar.  DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) before and after the public meeting, but no later than December 1, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Commission proposes to approve Communications Reliability Standard COM–001–2 and Operating Personnel Communications Protocols Reliability Standard COM–002–4, developed by the North American Electric Reliability Corporation (NERC), which the Commission has certified as the Electric Reliability Organization responsible for developing and enforcing mandatory Reliability Standards. The Commission believes that the proposed Reliability Standards will enhance reliability over the currently-effective COM standards in several respects by, among other things, requiring adoption of predefined communication protocols, annual assessment of those protocols and operating personnel’s adherence thereto, training on the protocols, and use of three-part communications. However, the Commission proposes to direct NERC to modify proposed Reliability Standard COM–001–2 to include internal communications capabilities. Comments are due December 1, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Commission proposes to approve Demand and Energy Data Reliability Standard MOD–031–1 developed by the North American Electric Reliability Corporation, which the Commission has certified as the Electric Reliability Organization responsible for developing and enforcing mandatory Reliability Standards. Comments are due December 1, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Bureau of Land Management (BLM) proposes to amend existing regulations to facilitate responsible solar and wind energy development and to receive fair market value for such development. The proposed rule would promote the use of preferred areas for solar and wind energy development and establish competitive processes, terms, and conditions (including rental and bonding requirements) for solar and wind energy development rights-of-way both inside and outside these preferred areas. In the proposed rule, preferred areas for solar and wind energy development would be called ‘‘designated leasing areas.’’ The proposed rule would also make technical changes, corrections, and clarifications to existing rights-of-way regulations. Some of these changes would affect all rights-of-way and some provisions would affect particular types of actions, such as transmission lines with a capacity of 100 Kilovolts (kV) or more, or pipelines 10 inches or more in diameter. Please submit comments on or before December 1, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: NMFS suspends the minimum size limit for Atlantic surfclams for the 2015 fishing year. NMFS also announces that the quotas for the Atlantic surfclam and ocean quahog fisheries for 2015 will remain status quo. Regulations governing these fisheries require NMFS to notify the public in the Federal Register of the allowable harvest levels for Atlantic surfclams and ocean quahogs from the Exclusive Economic Zone if the previous year’s quota specifications remain unchanged. Effective January 1, 2015, through December 31, 2015.

 

Federal Register Highlights – 9/29/14

Unpublished, time-sensitive and proposed rules for September 29, 2014:

PROPOSED RULE: The Coast Guard proposes to amend 33 CFR 165.164 by establishing three security zones to replace the three regulated navigation areas (RNAs) currently contained within this section. The Coast Guard also proposes to disestablish these three RNAs. The three proposed security zones, just like the RNAs they replace, are meant to promote public safety and to protect dignitaries who visit the United Nations in New York, NY. Comments and related material must be received by the Coast Guard on or before October 29, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Department of Defense (‘‘Department’’) proposes to amend its regulation that implements the Military Lending Act, herein referred to as the ‘‘MLA’’. Among other protections for Service members, the MLA limits the amount of interest that a creditor may charge on ‘‘consumer credit’’ to a maximum annual percentage rate of 36 percent. The Department is proposing to amend its existing regulation primarily for the purpose of extending the protections of the MLA to a broader range of closed-end and open-end credit products, rather than the limited credit products currently defined as consumer credit. In addition, the Department is proposing to amend its existing regulation to amend the provisions governing a tool a creditor may use in assessing whether a consumer is a ‘‘covered borrower,’’ modify the disclosures that a creditor must provide to a covered borrower, implement the enforcement provisions of the MLA, as amended, and for other purposes. Comments must be submitted not later than November 28, 2014. (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 we) is proposing to amend our 2013 proposed rule for Current Good Manufacturing Practice (CGMP) and Hazard Analysis and Risk-Based Preventive Controls for Food for Animals. In that 2013 proposed rule, we proposed to add CGMP requirements for animal food and to add requirements for certain domestic and foreign facilities to establish and implement hazard analysis and risk- based preventive controls for food for animals. We are taking this action because the input we have received from public comments has led to significant changes in our current thinking on certain key provisions of this proposed rule. We are reopening the comment period only with respect to specific issues identified in this proposed rule. Submit either electronic or written comments on the proposed rule by December 15, 2014. (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) is revising certain provisions of the proposed rule, issued in July 2013, on foreign supplier verification programs (FSVPs) for importers of food for humans and animals. We are primarily revising the proposed requirements concerning compliance status review of food and foreign suppliers, hazard analysis, and supplier verification activities. We are taking this action in response to the extensive public input we have received regarding these provisions and in coordination with revisions we are concurrently making to the proposed rule on current good manufacturing practice (CGMP) and hazard analysis and risk-based preventive controls for human food. We are seeking public comment on the revised proposed FSVP regulations. We are reopening the comment period on the proposed rule only with respect to the specific provisions identified in this Federal Register document. Submit either electronic or written comments on the supplemental notice of proposed rulemaking by December 15, 2014. (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 we) is proposing to amend our 2013 proposed rule for Current Good Manufacturing Practice (CGMP) and Hazard Analysis and Risk-Based Preventive Controls for Human Food. In that 2013 proposed rule, we proposed to amend the CGMP requirements to modernize them and to add requirements for certain domestic and foreign facilities to establish and implement hazard analysis and risk-based preventive controls for human food. We also proposed to revise certain definitions in our current regulation for Registration of Food Facilities to clarify the scope of an exemption from registration requirements for ‘‘farms’’ and, in so doing, to clarify which domestic and foreign facilities would be subject to the proposed requirements for hazard analysis and risk-based preventive controls for human food. We are taking this action because the extensive input we have received from public comments has led to significant changes in our current thinking on certain key provisions of these proposed rules. We are reopening the comment period only with respect to specific issues identified in this proposed rule. Submit either electronic or written comments on the proposed rule by December 15, 2014. (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 we) is proposing to amend certain specific provisions of the proposed rule, ‘‘Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption.’’ We are taking this action because the extensive information received in public comments has led to significant changes in our current thinking on certain key provisions of the proposed rule. We are reopening the comment period only with respect to the specific issues identified in this document. Submit either electronic or written comments on the proposed rule by December 15, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

Federal Register Highlights – 9/26/14

Unpublished, time-sensitive and proposed rule for September 26, 2014:

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on the Fox River in Green Bay, Wisconsin. This safety zone is intended to restrict vessels from a portion of the Fox River due to demolition work on a railroad bridge. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the bridge demolition. This rule is effective from 6 a.m. on September 12, 2014 until 9 p.m. on September 30, 2014. This rule is effective without actual notice from September 26, 2014 until 9 p.m. on September 30, 2014. For the purposes of enforcement, actual notice will be used from 6 a.m. on September 12, 2014, until September 26, 2014.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone encompassing the waters of the Black Warrior River, Tuscaloosa, AL from mm 339 to mm 341.65. This action is necessary for the protection of persons and vessels on navigable waters during the University of Alabama (U of AL) vs. University of Alabama at Huntsville (UAH) Rowing Competition. Entry into or transiting in this zone is prohibited to all vessels, mariners, and persons unless specifically authorized by the Captain of the Port (COTP) Mobile or a designated representative. This rule is effective on September 27, 2014 from 9:00 a.m. to 11:30 a.m.

TEMPORARY RULE: The Coast Guard will enforce the annual Blue Water Resort and Casino (BWRC) Parker Enduro marine event and associated waterway restriction special local regulations on October 24–26, 2014. This event occurs in the navigable waters of the Colorado River in Parker, Arizona between river miles 179 and 185 (between the Roadrunner Resort and the Headgate Dam). These special local regulations are necessary to provide for the safety of the participants, crew, spectators, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative. The regulations for the marine event listed in 33 CFR 100.1102, Table 1, Item 11, will be enforced from 8:00 a.m. to 5:00 p.m. on October 24–26, 2014.

TEMPORARY RULE: The Coast Guard will enforce the U.S. Open Water Ski Racing Nationals special local regulations on October 11–12, 2014. This marine event occurs on the navigable waters of Mission Bay, in San Diego, California. This action is necessary to provide for safety of the participants, crew, spectators, safety vessels, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative. The regulations for the marine event listed in 33 CFR 100.1101, Table 1, Item 14, will be enforced from 8:00 a.m. to 5:00 p.m. on October 11–12, 2014.

PROPOSED RULE: The U.S. Department of Energy (DOE) is proposing to revise its regulations governing DOE verification testing of industrial equipment covered by EPCA rated with alternative efficiency determination methods (AEDMs). These regulations arose from a negotiated rulemaking effort on issues regarding certification of commercial heating, ventilating, air-conditioning (HVAC), water heating (WH), and refrigeration equipment. DOE will accept comments, data, and information regarding this supplemental notice of proposed rulemaking (SNOPR) no later than October 27, 2014. (Submit written comments via email to: AED-ARM-2011-TP-0024@ee.doe.gov. Include EERE–2011–BT–TP–0024 and/or RIN 1904–AC46.)

RULE: We are superseding Airworthiness Directive (AD) 2004–03–19, which applies to certain Airbus Model A320–111, –211 and –231 series airplanes. AD 2004–03–19 required repetitive inspections for cracking in the transition and pick-up angles in the lower part of the center fuselage area, and corrective action if necessary. AD 2004–03–19 also provided for an optional terminating modification for the repetitive inspection requirements. This new AD requires accomplishing the modification by installing washers between the transition pick-up angle and the pin nuts, and doing related investigative and corrective actions if necessary. This new AD also adds airplanes to the applicability of AD 2004–03–19. This AD was prompted by a determination that the optional terminating modification must be required in order to address the unsafe condition. We are issuing this AD to prevent fatigue cracking in the transition and pick-up angles of the lower part of the center fuselage, which could result in reduced structural integrity of the wing-fuselage support and fuselage pressure vessel. This AD becomes effective October 31, 2014.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747–8 and 747–8F series airplanes. This AD was prompted by an analysis by the manufacturer, which revealed that certain fuse pins for the strut-to-wing attachment of the outboard aft upper spar are susceptible to migration in the event of a failed fuse pin through bolt. This AD requires replacing the fuse pins for the strut-to-wing attachment of the outboard aft upper spar with new fuse pins, and replacing the access cover assemblies with new access cover assemblies. We are issuing this AD to prevent migration of these fuse pins, which could result in the complete disconnect and loss of the strut-to-wing attachment load path for the outboard aft upper spar. The complete loss of an outboard aft upper spar strut-to-wing attachment load path could result in divergent flutter in certain parts of the flight envelope, which could result in loss of control of the airplane. This AD is effective October 31, 2014.

PROPOSED RULE: FRA proposes to revise and clarify existing regulations related to the use of glazing materials in the windows of locomotives, passenger cars, and cabooses. This proposed rule would reduce paperwork and other economic burdens on the rail industry by removing a stenciling requirement for locomotives, passenger cars, and cabooses that are required to be equipped with glazing. This proposed rule would also clarify the application of the regulations to antiquated equipment and to the end locations of all equipment to provide more certainty to the rail industry and more narrowly address FRA’s safety concerns. FRA is also proposing to clarify the definition of passenger car and separately to update the rule by removing certain compliance dates that are no longer necessary. Written comments must be received by November 25, 2014. Comments received after that date will be considered to the extent possible without incurring additional expenses or delays. (Submit written comments via Fax to 202–493–2251 or by mail to Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590.)

TEMPORARY RULE: NMFS is prohibiting directed fishing for pollock in Statistical Area 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2014 total allowable catch of pollock for Statistical Area 630 in the GOA. Effective 1200 hrs, Alaska local time (A.l.t.), September 23, 2014, through 1200 hrs, A.l.t., October 1, 2014.

TEMPORARY RULE: NMFS is reallocating the projected unused amounts of Pacific cod from catcher vessels greater than 60 feet (18.3 meters) length overall (LOA) using pot gear and catcher vessels using trawl gear to catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line or pot gear, American Fisheries Act (AFA) catcher/processors (C/P), Amendment 80 (A80) C/Ps, and C/Ps using pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2014 total allowable catch of Pacific cod to be harvested. Effective September 24, 2014, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2014.

TEMPORARY RULE: NMFS announces that the State of Maine is transferring a portion of its 2014 commercial bluefish quota to the Commonwealth of Massachusetts. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved. Effective September 24, 2014, through December 31, 2014.

PROPOSED RULE: This document contains proposed rules that would amend the regulations of the Susquehanna River Basin Commission (Commission) to clarify the water uses involved in hydrocarbon development that are subject to the consumptive use regulations, as implemented by the Approval By Rule program. Comments on these proposed rules may be submitted to the Commission on or before November 17, 2014. (Comments may be mailed to: Jason E. Oyler, Esq., Regulatory Counsel, Susquehanna River Basin Commission, 4423 N. Front Street, Harrisburg, PA 17110–1788, or by email to regcomments@srbc.net.)

 

Federal Register Highlights – 9/25/14

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

TEMPORARY RULE: The Coast Guard is establishing three temporary security zones on the waters of the East River and Bronx Kill in the vicinity of Randalls and Wards Island, the Wall Street Heliport, and the United Nations Headquarters. These security zones are necessary to ensure the safety of the President of the United States, members of his official party, and other senior government officials. In addition, this action is necessary to protect visiting dignitaries and the Port of New York/New Jersey against terrorism, sabotage or other subversive acts and incidents of a similar nature during the dignitaries’ visit to New York City. The zones will restrict vessels from a portion of the East River and Bronx Kill when public officials are scheduled to arrive and depart the area. Persons or vessels will not be allowed to enter these security zones without permission from the Captain of the Port New York (COTP) or the COTP’s designated on-scene representative. DATES: This rule is effective without actual notice from September 25, 2014 until September 29, 2014 at 8:00 p.m. For the purposes of enforcement, actual notice will be used from the date the rule was signed, September 8, 2014, until September 25, 2014.

TEMPORARY RULE: The Coast Guard will enforce the regulation pertaining to the Charleston Parade of Boats from 4:00 p.m. through 8:00 p.m. on December 13, 2014. This action is necessary to ensure safety of life on navigable waters of the United States during the Charleston Parade of Boats. During the enforcement period, the special local regulation establishes a regulated area which will prohibit all people and vessels from entering. Vessels may enter, transit through, anchor in, or remain within the area if authorized by the Captain of the Port Charleston or a designated representative. The regulation in 33 CFR 100.701 Table 1 will be enforced from 4:00 p.m. through 8:00 p.m. December 13, 2014.

PROPOSED RULE: The Commission has before it a petition for rulemaking filed by WKEF Licensee L.P. (‘‘WKEF Licensee’’), the licensee of station WKEF(TV), channel 51, Dayton, Ohio, requesting the substitution of channel 18 for channel 51 at Dayton. 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. WKEF Licensee has entered into such a voluntary relocation agreement with T-Mobile, Inc. and states that operation on channel 18 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 27, 2014, and reply comments on or before November 10, 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: Clifford M. Harrington, Esq., Pillsbury Winthrop Shaw Pittman, LLP, 2300 N Street NW., Washington, DC 20037–1128.)

PROPOSED RULE: NMFS proposes to amend the Capital Construction Fund (CCF) regulations to eliminate provisions that no longer meet the needs of CCF participants, and to simplify and clarify the regulations to better implement the purposes of the underlying statute. These amendments would eliminate the minimum cost and maximum allowable completion time for reconstruction projects, requirements for minimum annual deposits and the requirement that any vessel acquired with CCF funds must be reconstructed, regardless of vessel condition. The new regulations would also add a restriction that the CCF program (program) would not allow withdrawals of funds for projects that increase harvesting capacity. NMFS invites the public to comment on this proposed rule. Comments on the proposed rule must be received by November 10, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number NOAA–NMFS–2013–0144. Commenting page was not available at the time of this posting.)

 

Federal Register Highlights – 9/24/14

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

PROPOSED RULE: The OCC, Board, FDIC, FCA, and FHFA (each an ‘‘Agency’’ and, collectively, the ‘‘Agencies’’) are seeking comment on a proposed joint rule to establish minimum margin and capital requirements for registered swap dealers, major swap participants, security-based swap dealers, and major security-based swap participants for which one of the Agencies is the prudential regulator. This proposed rule implements sections 731 and 764 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which require the Agencies to adopt rules jointly to establish capital requirements and initial and variation margin requirements for such entities and their counterparties on all non-cleared swaps and non-cleared security-based swaps in order to offset the greater risk to such entities and the financial system arising from the use of swaps and security-based swaps that are not cleared. Comments should be received on or before November 24, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number OCC–2011–0008. Commenting page was not available at the time of this posting.)

PROPOSED RULE: NASA is updating the NASA FAR Supplement (NFS) with the goal of eliminating unnecessary regulation, streamlining overly-burdensome regulation, clarifying language, and simplifying processes where possible. This proposed rule is the second in a series and includes updates and revisions to 14 parts of the NFS. On January 18, 2011, President Obama signed Executive Order (E.O.) 13563, Improving Regulations and Regulatory Review, directing agencies to develop a plan for a retrospective analysis of existing regulations. The revisions to this proposed rule are part of NASA’s retrospective plan under E.O. 13563 completed in August 2011. Interested parties should submit comments to NASA at the address below on or before November 24, 2014 to be considered in formulation of the final rule. (To submit comments, visit http://www.regulations.gov, reference RIN 2700–AE09. Commenting page was not available at the time of this posting.)

Federal Register Highlights – 9/23/14

Unpublished, time-sensitive and proposed rules for September 23, 2014:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Bacon Island Road Drawbridge across Middle River, mile 8.6, between Bacon Island and Lower Jones Tract, CA. The deviation is necessary to allow the bridge owner to perform structural maintenance work to the bridge. This deviation allows the bridge to remain in the closed-to- navigation position during the deviation period. This deviation is effective without actual notice from September 23, 2014 through 5 p.m. on October 23, 2014. For the purposes of enforcement, actual notice will be used from 9 a.m. on September 8, 2014, until September 23, 2014.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe Railway Bridge, also known as the St. Johns RR Bridge, across the Willamette River, mile 6.9, at Portland, OR. The deviation is necessary to facilitate installation of new rail joints. This deviation allows the bridge to remain in the closed position during maintenance activities. This deviation is effective from 7 a.m. on September 23, 2014 to 5 p.m. on October 2, 2014, and will be enforced from 7 a.m. to 5 p.m. on September 23, 2014; from 7 a.m. to 5 p.m. on September 25, 2014; from 7 a.m. to 5 p.m. on September 30, 2014; and from 7 a.m. to 5 p.m. on October 2, 2014.

PROPOSED RULE: Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), propose to remove the Delmarva Peninsula fox squirrel (Sciurus niger cinereus), more commonly called the Delmarva fox squirrel (DFS), from the Federal List of Endangered and Threatened Wildlife due to recovery. This proposed action is based on a thorough review of all available information, which indicates that the subspecies is now sufficiently abundant and distributed to withstand current and foreseeable threats to its long-term viability and thus no longer meets the definition of a threatened species or an endangered species under the Act. We are also providing notification that a draft post-delisting monitoring (PDM) plan is available for public review. We are seeking information and comments from the public on this proposed rule and the PDM plan. We will accept comments received or postmarked on or before November 24, 2014. Comments submitted electronically using the Federal eRulemaking Portal must be received by 11:59 p.m. Eastern Time on the closing date. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: NMFS is closing the directed herring fishery in management Area 3, because it projects that 92 percent of the 2014 catch limit for that area will have been caught by the effective date. This action is necessary to comply with the regulations implementing the Atlantic Herring Fishery Management Plan and is intended to prevent excess harvest in Area 3. Effective 0001 hr local time, September 23, 2014, through December 31, 2014.

TEMPORARY RULE: NMFS announces that the 2014 summer flounder commercial quota allocated to the Commonwealth of Massachusetts has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2014, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing summer flounder in Massachusetts. Effective 0001 hours, September 22, 2014, through December 31, 2014.

TEMPORARY RULE: Through this action NMFS is prohibiting directed fishing for Pacific sardine off the coasts of Washington, Oregon and California. This action is necessary because the adjusted non-tribal directed harvest allocation of approximately 7,274 metric tons (mt) for the second harvest allocation period from September 15, 2014, through December 31, 2014, has been projected to have been reached. The allocation for the second period increased from the initial assigned allocation primarily as a result of the release to the non-treaty sector of 2,500 mt by the Quinault Indian Nation and the coastal treaty tribes from overall the treaty set-aside of 4,000 mt. From the effective date of this rule until December 31, 2014, Pacific sardine may be harvested only as part of either the live bait or tribal fishery or incidental to other fisheries; the incidental harvest of Pacific sardine is limited to 45-percent by weight of all fish per trip. Fishing vessels must cease fishing (be at shore and in the process of offloading) at or before the effective date of this closure. Effective 12:01 a.m. Pacific Daylight Time (PDT) September, 20, 2014, through 11:59 p.m., December 31, 2014.

 

Federal Register Highlights – 9/22/14

Unpublished, time-sensitive and proposed rules for September 22, 2014:

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone for all waters of the Missouri River, covering all waters within a 700 foot radius of the barge located at mile 372.0. This temporary safety zone is necessary to protect persons and property from potential damage and safety hazards during the Riverside Music Festival. Entry into, transit through or remaining within this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Upper Mississippi River or a designated representative. This rule is effective from 09:00 p.m. to 11:30 p.m. on September 20, 2014.

PROPOSED RULE: NMFS proposes regulations to implement Amendment 18 to the Pacific Coast Salmon Fishery Management Plan for Commercial and Recreational Salmon Fisheries off the Coasts of Washington, Oregon, and California (FMP). Amendment 18, which was transmitted by the Pacific Fishery Management Council (PFMC) on June 10, 2014, revises the description and identification of essential fish habitat (EFH) for Pacific salmon managed under the FMP, designates habitat areas of particular concern (HAPCs), updates the current information on fishing activities, and updates the list of non-fishing related activities that may adversely affect EFH and potential conservation and enhancement measures to minimize those effects. Comments on this proposed rule must be received on or before October 22, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number NOAA–NMFS–2014–0071. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Federal Maritime Commission proposes to amend its rules governing dismissals of actions by complainants, by order of the presiding officer, and by respondents when complainant fails to prosecute. Comments are due on or before October 22, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number 14-12. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Food and Drug Administration (FDA) is proposing to reclassify iontophoresis devices intended for any other purposes, a preamendments class III device, into class II (special controls), and to amend the device identification. FDA is proposing this reclassification on its own initiative based on new information. This action implements certain statutory requirements. Submit either electronic or written comments by December 22, 2014. See section XII for the proposed effective date of a final order based on this proposed order. (To submit comments, visit http://www.regulations.gov, reference docket number FDA–2000–N–0158. Commenting page was not available at the time of this posting.

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