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Federal Register Highlights – 7/6/15

Unpublished, time-sensitive and proposed rules for July 6, 2015:

RULE: We are superseding Airworthiness Directive (AD) 2011–17–07 for certain M7 Aerospace LLC (type certificate previously held by M7 Aerospace LP) Models SA226–T, SA226–T(B), SA226–TC, and SA226– AT airplanes. AD 2011–17–07 required repetitive replacement and inspection of certain elevator, rudder, aileron, and aileron-to-rudder interconnect primary control cables, and checking and setting of flight control cable tension. This AD requires repetitively inspecting and replacing the primary flight control rudder cables, repetitively replacing all other primary flight control and trim tab cables, and checking/setting the flight control cable tension. This AD was prompted by a report of extensive damage found on the left hand primary flight control rudder cable located under the cockpit floor on one of the airplanes affected by AD 2011–17–07. We are issuing this AD to correct the unsafe condition on these products. This AD is effective July 21, 2015.

PROPOSED RULE: This proposed rule would establish the maximum time period within which an FHA-approved mortgagee must file a claim with FHA for insurance benefits. HUD’s current regulations are silent with respect to a deadline by which a claim for insurance benefits must be filed with FHA. Due to the downturn in the housing market, which resulted in a significant increase in mortgage defaults, some mortgagees have refrained from promptly filing claims for insurance benefits and instead have opted to wait and file multiple claims with FHA at a single point in time. The uncertainty regarding a deadline by which a claim must be filed, and the number of claims currently being filed at a single point in time strain FHA resources and negatively impact FHA’s ability to project the future state of the Mutual Mortgage Insurance Fund (MMIF), and, consequently, the ability of FHA to fulfill its statutory obligation to safeguard the MMIF. To address this concern, HUD proposes to establish a deadline by which a mortgagee must file a claim for insurance benefits. This rule also proposes to revise HUD’s policies concerning the curtailment of interest and the disallowance of certain expenses incurred by a mortgagee as a result of the mortgagee’s failure to timely initiate foreclosure or timely take such other action that is a prerequisite to submission of a claim for insurance. Comment Due Date: September 4, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Fair Labor Standards Act (FLSA or Act) guarantees a minimum wage and overtime pay at a rate of not less than one and one-half times the employee’s regular rate for hours worked over 40 in a workweek. While these protections extend to most workers, the FLSA does provide a number of exemptions. The Department of Labor (Department) proposes to update and revise the regulations issued under the FLSA implementing the exemption from minimum wage and overtime pay for executive, administrative, professional, outside sales, and computer employees. This exemption is referred to as the FLSA’s “EAP” or “white collar” exemption. To be considered exempt, employees must meet certain minimum tests related to their primary job duties and be paid on a salary basis at not less than a specified minimum amount. The standard salary level required for exemption is currently $455 a week ($23,660 for a full-year worker) and was last updated in 2004. By way of this rulemaking, the Department seeks to update the salary level to ensure that the FLSA’s intended overtime protections are fully implemented, and to simplify the identification of nonexempt employees, thus making the EAP exemption easier for employers and workers to understand. The Department also proposes automatically updating the salary level to prevent the level from becoming outdated with the often lengthy passage of time between rulemakings. Lastly, the Department is considering whether revisions to the duties tests are necessary in order to ensure that these tests fully reflect the purpose of the exemption. Submit written comments on or before September 4, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

Federal Register Highlights – 7/2/15

Unpublished, time-sensitive and proposed rules for July 2, 2015:

PROPOSED RULE: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the “Champlain Valley of New York” viticultural area in Clinton and Essex Counties, New York. The proposed viticultural area does not lie within or contain any established viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on this proposed addition to its regulations. Comments must be received by August 31, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number TTB–2015–0010. Commenting page was not available at the time of this posting.)

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on the Saint Lawrence River, Heart Island, Alexandria Bay, NY. This safety zone is intended to restrict vessels from a portion of the Saint Lawrence River during the Alexandria Bay Chamber of Commerce fireworks display. This temporary safety zone is necessary to  protect mariners and vessels from the navigational hazards associated with a fireworks display. This rule is effective on July 5, 2015 from 9:15 p.m. until 10 p.m.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on Lake Erie, Bay Village, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Bay Village Independence Day Celebration fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display. This rule is effective from 9:45 p.m. until 10:35 p.m. on July 4, 2015.

TEMPORARY RULE: The Coast Guard is  establishing a temporary safety zone on Lake Erie, Presque Isle Bay, Erie, PA. This safety zone is intended to restrict vessels from a portion of Presque Isle Bay during the Erie Boom on the Bay fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display. This rule will be effective from 9:30 p.m. until 10:30 p.m. on July 4, 2015.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on Lake Ontario, Oswego, NY. This safety zone is intended to restrict vessels from a portion of Lake Ontario during the Independence Day Celebration fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display. This rule will be effective on July 5, 2015 from 9:30 p.m. until 10:30 p.m.

PROPOSED RULE: The Danny Keysar Child Product Safety Notification Act, section 104 of the Consumer Product Safety Improvement Act of 2008 (“CPSIA”), requires the United States Consumer Product Safety Commission (“Commission” or “CPSC”) to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be “substantially the same as” applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is proposing a safety standard for portable hook-on chairs (“hook-on chairs”) in response to the direction under section 104(b) of the CPSIA. In addition, the Commission is proposing an amendment to include an additional CFR part in the list of notice of requirements (“NORs”) issued by the Commission. Submit comments by September 15, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number CPSC–2015–0016. Commenting page was not available at the time of this posting.)

PROPOSED RULE: In this document, the Federal Communications Commission (Commission) provides notice and an opportunity to comment on its plan to preserve one vacant television channel in the UHF television band in each area of the United States for shared use by white space devices and wireless microphones. The Commission recognizes that, following the Incentive Auction and repacking of the television bands, there will likely be fewer unused television channels available for use by either unlicensed white space devices or wireless microphones. These devices are important to businesses and consumers, and the Commission therefore seeks to ensure their continued viability. Comments due on or before August 3, 2015; reply comments due on or before August 31, 2015. (To submit comments, visit http://www.regulations.gov, reference MB Docket No. 15–146. Commenting page was not available at the time of this posting.)

PROPOSED RULE: In this document, the Commission proposes to implement certain allocation changes from the World Radiocommunication Conference (Geneva, 2012) (WRC–12) and to update related service rules. The Commission took this action in order to conform its rules, to the extent practical, to the decisions that the international community made at WRC–12. This action will promote the advancement of new and expanded services and provide significant benefits to the American people. In addition, the Commission proposes to address several matters that pertain to unresolved issues from a previous Conference. Comments must be filed on or before August 31, 2015 and reply comments must be filed on or before September 30, 2015. (To submit comments, visit http://www.regulations.gov, reference ET Docket No. 15–99. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Federal Maritime Commission proposes to amend its Rules of Practice and Procedure governing the award of attorney fees in Shipping Act complaint proceedings, and its regulations related to Commissioner terms and vacancies. The proposed regulatory changes would implement statutory amendments made by the Howard Coble Coast Guard and Maritime Transportation Act of 2014. Comments are due on or before:
August 6, 2015. (To submit comments, visit http://www.regulations.gov, reference Docket No. 15–06. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Food and Drug Administration (FDA) proposes to remove two regulations that prescribe procedures for FDA’s review and classification of biological products licensed before July 1, 1972. FDA is taking this action because the two regulations are obsolete and no longer necessary in light of other statutory and regulatory authorities established since 1972, which allow FDA to evaluate and monitor the safety and effectiveness of all biological products. In addition, other statutory and regulatory authorities authorize FDA to revoke a license for products because they are not safe and effective, or are misbranded. FDA is taking this action as part of its retrospective review of its regulations to promote improvement and innovation. Submit either written or electronic comments on the proposed rule by September 30, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number FDA–2015–N–2103. Commenting page was not available at the time of this posting.)

TEMPORARY RULE: NMFS is closing the fisheries for commercial non-blacknose small coastal sharks (SCS) and blacknose sharks in the Gulf of Mexico region. This action is necessary because the commercial landings of Gulf of Mexico non-blacknose SCS for the 2015 fishing season have exceeded 80 percent of the available commercial quota as of June 26, 2015, and the blacknose shark and non-blacknose SCS fisheries are quota-linked under current regulations. The commercial fisheries for blacknose sharks and non-blacknose SCS in the Gulf of Mexico region are closed effective 11:30 p.m. local time July 4, 2015, until the end of the 2015 fishing season on December 31, 2015, or until and if NMFS announces via notification in the Federal Register that additional quota is available and the season is reopened.

TEMPORARY RULE: NMFS implements accountability measures (AMs) for the recreational sector for snowy grouper in the South Atlantic for the 2015 fishing year through this temporary rule. Average recreational landings from 2012–2014 exceeded the recreational annual catch limit (ACL) for snowy grouper. To account for this overage, this rule reduces the length of the 2015 recreational fishing season. Therefore, NMFS closes the recreational sector for snowy grouper in the South Atlantic exclusive economic zone (EEZ) on July 6, 2015. This closure is necessary to protect the snowy grouper resource. This rule is effective 12:01 a.m., local time, July 6, 2015, until 12:01 a.m., local time, January 1, 2016.

Federal Register Highlights – 7/1/15

Unpublished, time-sensitive and proposed rules for July 1, 2015:

PROPOSED RULE: This rule proposes to update and make revisions to the End-Stage Renal Disease (ESRD) prospective payment system (PPS) for calendar year (CY) 2016. The proposals in this rule are necessary to ensure that ESRD facilities receive accurate Medicare payment amounts for furnishing outpatient maintenance dialysis treatments during calendar year 2016. This rule also proposes to set forth requirements for the ESRD Quality Incentive Program (QIP) for CY 2016. In an effort to incentivize ongoing quality improvement among eligible providers, the ESRD QIP proposes to establish and revise requirements for quality reporting and measurement, including the inclusion of new quality measures for payment year (PY) 2019 and beyond and updates to programmatic policies for the PY 2017 and PY 2018 ESRD QIP. To be assured consideration, comments must be received no later than 5 p.m. E.S.T. on August 25, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: The Coast Guard is establishing a regulated navigation area on Biscayne Bay in Miami, Florida, for multiple 4th of July fireworks displays throughout the Miami area. This regulation is necessary to protect the public from hazards associated with boating traffic expected during 4th of July firework displays throughout the Miami area. To ensure the public’s safety, all vessels within the regulated navigation area are: Required to transit the regulated navigation area at no more than 15 knots; subject to control by the Coast Guard members with law enforcement authority; and required to follow the instructions of all law enforcement officials in the area. This rule is effective from July 4 until July 5, 2015 and will be enforced from 7 p.m. on July 4 until 2 a.m. on July 5, 2015.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone from mile 0.5 Ohio River up-bound to mile 0.5 on the Allegheny River and mile 0.5 on the Monongahela River, extending the entire width of the rivers. This action is necessary to ensure public safety due to the inherent hazards associated with launching fireworks from a barge and the explosive nature of the fireworks display. During the enforcement period, entry into, transiting, or anchoring in the safety zone is prohibited to all vessels not registered with the sponsor as participants or official patrol vessels, unless specifically authorized by the Captain of the Port (COTP) Pittsburgh or a designated representative. This rule is effective and will be enforced with actual notice on July 3, 2015 from 12:00 p.m. to 10:00 p.m., on July 4, 2015 from 12:00 p.m. to 10:00 p.m. and on July 5, 2015 from 12:00 p.m. to 10:00 p.m.

PROPOSED RULE: The United States Department of the Treasury, Bureau of the Fiscal Service, is proposing regulations governing United States savings bonds to address certain state escheat claims. Comment due date: August 17, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: As part of NCUA’s Regulatory Modernization Initiative, the NCUA Board (Board) proposes to amend its member business loans (MBL) rule to provide federally insured credit unions with greater flexibility and individual autonomy in safely and soundly providing commercial and business loans to serve their members. The proposed amendments would modernize the regulatory requirements that govern credit union commercial lending activities by replacing the current rule’s prescriptive requirements and limitations—such as collateral and security requirements, equity requirements, and loan limits—with a broad principles-based regulatory approach. As such, the amendments would also eliminate the current MBL waiver process, which is unnecessary under a principles-based rule. The Board emphasizes that the proposed rule represents a change in regulatory approach and supervisory expectations for safe and sound lending would change accordingly. With adoption of a final rule, NCUA would publish updated supervisory guidance to examiners, which would be shared with credit unions, to provide more extensive discussion of expectations in relation to the revised rule. Comments must be received on or before August 31, 2015. (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 the rules of practice prescribed by the Judicial Officer relative to debt collection proceedings against current and former postal employees. These amendments are necessary to implement a new electronic filing system. Comments must be received on or before July 31, 2015. (Submit comments in writing to: Postal Service Judicial Officer Department, 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201–3078.)

PROPOSED RULE: This document requests comments regarding a revision of the rules for proceedings in which the Judicial Officer Department conducts fact-finding relative to debarments. The revised rules of procedure would completely replace and supersede the prior rules. Comments must be received on or before July 31, 2015. (Submit comments in writing to: Judicial Officer Department, United States Postal Service, 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201–3078.)

Federal Register Highlights – 6/30/15

Unpublished, time-sensitive and proposed rules for June 30, 2015:

RULE: We are adopting a new airworthiness directive (AD) for all Dassault Aviation Model FALCON 2000EX airplanes. This AD requires revising the airplane flight manual to include a procedure for addressing minimum fan speed rotation (N1) values during stand-alone engine anti-ice system operation for engines equipped with certain air inlets. This AD was prompted by a quality review of recently delivered airplanes which identified a manufacturing deficiency of some engine air inlet anti-ice piccolo tubes. We are issuing this AD to detect and correct reduced performance of the engine anti-ice protection system, leading to ice accretion and ingestion into the engines, which could result in dual engine power loss and  consequent reduced controllability of the airplane. This AD becomes effective June 30, 2015.

TEMPORARY RULE: NMFS implements accountability measures (AMs) for commercial snowy grouper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial landings for snowy grouper will reach the commercial annual catch limit (ACL) (commercial quota) by June 30, 2015. Therefore, NMFS closes the commercial sector for snowy grouper in the South Atlantic EEZ on June 30, 2015, and it will remain closed until the start of the next fishing season on January 1, 2016. This closure is necessary to protect the snowy grouper resource. This rule is effective 12:01 a.m., local time, June 30, 2015, until 12:01 a.m., local time, January 1, 2016.

Federal Register Highlights – 6/29/15

Unpublished, time-sensitive and proposed rules for June 29, 2015:

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone encompassing certain waters of Prospect Bay. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from a barge located between Hog Island and Kent Island in Queen Anne’s County, MD on July 4, 2015. This safety zone is intended to protect the maritime public in a portion of Prospect Bay. This rule is effective from 8:30 p.m. on July 4, 2015 through 10 p.m. on July 5, 2015.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on a portion of the Fox River and Lake Winnebago in Menasha, Wisconsin. This safety zone is intended to restrict vessels from a portion of the Fox River and Lake Winnebago due to a fireworks display. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the fireworks display. This rule is effective from 8:45 p.m. until 10:30 p.m. on July 4, 2015.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone for all waters of the Ohio River between mile 603.4 and 605.4. This temporary safety zone is needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with  maintenance work on the Louisville and Indiana Railroad Bridge (L&I RR Bridge). Deviation from the safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative. This rule is effective without actual notice from June 29, 2015 until July 7, 2015.

RULE: We are adopting a new airworthiness directive (AD) for all Przedsiebiorstwo Doswiadczalno Produkcyjne Szybownictwa “PZLBielsko” Model SZD–50–3 “Puchacz” sailplanes. 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 detachment of the rudder cable fitting block from the fuselage. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective August 3, 2015.

PROPOSED RULE: Section 1303 of the Moving Ahead for Progress in the 21st Century Act (MAP–21) amends 23 U.S.C. 112 to require the Secretary of Transportation to promulgate regulations as necessary to implement the Construction Manager/General Contractor (CM/GC) contracting method. This NPRM initiates the formal rulemaking process to fulfill the legislative requirement and establish such regulations as are necessary for the FHWA’s approval of projects using the CM/GC method of contracting. Comments must be received on or before August 28, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number FHWA–2015–0009. Commenting page was not available at the time of this posting.)

Federal Register Highlights – 6/26/15

Unpublished, time-sensitive and proposed rules for June 26, 2015:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Craigie Bridge, across the Charles River, mile 1.0, at Boston, Massachusetts. This deviation is necessary to facilitate the Boston Pops Fireworks Spectacular. This deviation allows the bridge to remain in the closed position during this public event. This deviation is effective from 10:30 p.m. on July 4, 2015 to 1 a.m. on July 5, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain ATR–GIE Avions de Transport Régional Model ATR42–500 and ATR72–212A airplanes. This AD requires inspection of the affected control systems rods and, depending on findings, a replacement of the affected rods. This AD was prompted by reports of non-conformity of certain control rods, which could result in failure of the control rods. We are issuing this AD to detect and correct failure of an affected control rod, which, under certain circumstances, could result in reduced control of the airplane. This AD becomes effective July 13, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC–8–400 series airplanes. This AD was prompted by reports of corrosion in the low-rate discharge tubes of the fire protection system leading to the forward baggage compartment, and perforation of one or more tubes. This AD requires repetitive checks for leakage of the discharge tubes of the fire protection system. This AD also mandates eventual replacement of all existing aluminum tube assemblies with new, improved corrosion-resistant stainless steel tube assemblies. We are issuing this AD to prevent perforation of the low-rate discharge tubes, which could result in insufficient fire extinguishing agent reaching the forward baggage compartment in the event of a fire, which could result in damage to the airplane and injury to the occupants. This AD becomes effective July 31, 2015.

TEMPORARY RULE: This action closes the Gulf of Maine cod Trimester Total Allowable Catch Area to all Northeast multispecies common pool vessels; the American plaice Trimester Total Allowable Catch Area to Northeast multispecies common pool trawl vessels; and the Cape Cod/Gulf of Maine yellowtail flounder Trimester Total Allowable Catch Area to Northeast multispecies common pool trawl and gillnet vessels, for the remainder of Trimester 1, through August 31, 2015. The closures are required by regulation because the common pool fishery has caught over 90 percent of its Trimester 1 quotas for Gulf of Maine cod, American plaice, and Cape Cod/Gulf of Maine yellowtail flounder. These closures are intended to prevent the overharvest of the common pool’s allocation for these stocks. Because the common pool catch of American plaice and Cape Cod/Gulf of Maine yellowtail flounder is not limited to the respective stocks’ Trimester Total Allowable Catch Area, this action also reduces possession and trip limits for the American plaice and Cape Cod/Gulf of Maine yellowtail flounder stocks to zero for all common pool vessels through August 31, 2015, in order to prevent the overharvest of the common pool’s allocation of both stocks from areas not closed by this action. The possession and trip limit for GOM cod was set to zero in a previous action. This action is effective June 23, 2015, through August 31, 2015.

Federal Register Highlights – 6/25/15

Good morning, readers.

Today’s edition of the Federal Register did not have any published items that fall into my usual categories of unpublished, time-sensitive or proposed rules. Please check back here tomorrow for my next posting. In the meantime, I encourage you to visit my Code of Federal Regulations page so that you can download the most current versions of the Code documents.

Thank you for reading. See you tomorrow.

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