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Federal Register Highlights – 8/27/15

Unpublished, time-sensitive and proposed rules for August 27, 2005:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the US 70 (Grayden Paul) Bridge across Gallants Channel, mile 0.1, at Beaufort, NC. This temporary deviation allows the draw bridge to remain in the closed to navigation position to accommodate The Neuse Riverkeeper Foundation Triathlon participants to safely complete their race without interruptions from bridge openings. This deviation is effective from 10 a.m. to 1:30 p.m. on September 12, 2015.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Sacramento County highway bridge across Sacramento River, mile 46.0, at Freeport, CA. The deviation is necessary to allow the bridge owner to replace bridge counterweight bolts. This deviation allows single leaf operation of the double bascule highway bridge during the deviation period. This deviation is effective without actual notice from August 27, 2015 to 6 a.m. on September 11, 2015.

PROPOSED RULE: The Environmental Protection Agency (EPA) is proposing a new subpart that updates the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills (Emission Guidelines). The EPA determined that it was appropriate to review the landfills Emission Guidelines based on changes in the landfills industry since the Emission Guidelines were promulgated in 1996. The EPA’s review of the Emission Guidelines for municipal solid waste (MSW) landfills applies to landfills that accepted waste after November 8, 1987, and commenced construction, reconstruction, or modification on or before July 17, 2014. Based on its initial review, the EPA has determined that it is appropriate to propose revisions to the Emission Guidelines that reflect changes to the population of landfills and the results of an analysis of the timing and methods for reducing emissions. This action proposes to achieve additional reductions of landfill gas (LFG) and its components, including methane, by lowering the emissions threshold at which a landfill must install controls. This action also incorporates new data and information received in response to an advanced notice of proposed rulemaking and addresses other regulatory issues including surface emissions monitoring, wellhead monitoring, and the definition of landfill gas treatment system. In addition to considering information received in response to this proposed rule in evaluating potential changes to the Emission Guidelines, the EPA intends to consider the information in evaluating whether changes to the requirements for new sources beyond those in the July 17, 2014, proposed rule for new sources are warranted. The proposed revisions to the Emission Guidelines, once implemented through revised state plans or a revised federal plan, would reduce emissions of LFG, which contains both non-methane organic compounds and methane. Landfills are a significant source of methane which is a potent greenhouse gas (GHG) pollutant. These avoided emissions will improve air quality and reduce public health and welfare effects associated with exposure to landfill gas emissions. Comments must be received on or before October 26, 2015. (To submit comments, visit www.regulations.gov, reference docket number EPA-HQ-OAR-2014-0451.)

RULE: We are adopting a new airworthiness directive (AD) for certain serial number (S/N) GE Aviation Czech s.r.o. M601E–11, M601E–11A, and M601F turboprop engines with certain part number (P/N) gas generator turbine (GGT) blades, installed. This AD requires removing from service any affected engine with certain GGT blades installed. This AD was prompted by the determination that certain GGT blades are susceptible to blade failure. We are issuing this AD to prevent GGT blade failure, which could lead to engine failure and loss of the airplane. This AD becomes effective October 1, 2015.

PROPOSED RULE: This document contains proposed amendments to the regulations for determining whether an individual is a bona fide resident of a U.S. territory. These proposed amendments affect individuals establishing bona fide residency in a U.S. territory by allowing additional days of constructive presence in a U.S. territory. Written or electronic comments and requests for a public hearing must be received by November 25, 2015. (To submit comments, visit www.regulations.gov, reference docket number IRS-REG-109813-11.)

PROPOSED RULE: NMFS proposes management measures recommended by the New England Fishery Management Council in Framework Adjustment 4 to the Atlantic Herring Fishery Management Plan to further enhance catch monitoring and address discarding in the herring fishery. NMFS proposes measures that would clarify the slippage definition (i.e., discarding catch before it has been sampled by an observer), require limited access herring vessels to report slippage via the daily vessel monitoring system catch report, and require slippage consequence measures. NMFS also proposes management measures recommended by the Council in Framework 4 that would require volumetric estimates of total catch and fish holds to be empty of fish before vessels depart on a herring trip and seeks public comment on specific issues with these measures identified by NMFS. Lastly, NMFS proposes minor corrections to existing regulations. Public comments must be received by September 28, 2015. (To submit comments, visit www.regulations.gov, reference docket number NOAA-NMFS-2015-0067.)

PROPOSED RULE: This proposed rule, if adopted, would clarify the regulatory requirements for vessels using midwater trawl gear in the Pacific Coast Groundfish Fishery Shorebased Individual Fishing Quota Program. This action is needed to eliminate inconsistencies and confusion in the current regulations. For vessels targeting Pacific whiting, the action would clarify that the retention of prohibited and protected species is allowed until landing. The disposition of prohibited and protected species would be specified consistent with the Pacific Coast Groundfish Fishery Management Plan, the Pacific Coast Salmon Fishery Management Plan, and other applicable law. Comments on this proposed rule or the Environmental Assessment (EA) supporting the action must be received no later than 5 p.m., local time on September 28, 2015. (To submit comments, visit www.regulations.gov, reference docket number NOAA-NMFS-2015-0093.)

PROPOSED RULE: The U.S. Office of Personnel Management (OPM) is issuing a proposed rule that would define Hancock County, Mississippi, as an area of application county to the Harrison, MS, nonappropriated fund (NAF) Federal Wage System (FWS) wage area. This change is necessary because there are four NAF FWS employees working in Hancock County, and the county is not currently defined to a NAF wage area. We must receive comments on or before September 28, 2015. (To submit comments, visit www.regulations.gov, reference RIN 3206-AN20.)

 

Federal Register Highlights – 8/26/15

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

TEMPORARY RULE: NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2015 total allowable catch of Pacific cod allocated to catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the BSAI. Effective 1200 hrs, Alaska local time (A.l.t.), September 1, 2015, through 2400 hrs, A.l.t., December 31, 2015.

TEMPORARY RULE: NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear and catcher vessels greater than or equal to 60 feet (18.3 meters) length overall (LOA) using hook-and-line gear to catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2015 total allowable catch of Pacific cod to be harvested. Effective August 21, 2015 through 2400 hours, Alaska local time (A.l.t.), December 31, 2015.

Federal Register Highlights – 8/25/15

Unpublished, time-sensitive and proposed rules for August 25, 2015:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the S. R. 74 Bridge across the Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach, NC. This deviation is necessary to facilitate the annual Beach2Battleship Iron and Half-Iron Distance Triathlons. This deviation allows the bridge to remain in the closed-to-navigation position. This deviation is effective from 6:30 a.m. to 11 a.m. on October 17, 2015.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Isabel S. Holmes Bridge across the Northeast Cape Fear River, mile 1.0, at Wilmington, NC. This deviation is necessary to facilitate the annual Beach2Battleship Iron and Half-Iron Distance Triathlons. This deviation allows the bridge to remain in the closed-to-navigation position. This deviation is effective from 9:30 a.m. to 6 p.m. on October 17, 2015.

RULE: We are adopting a new airworthiness directive (AD) for all Airbus Model A300 B4–603, B4–605R, B4–620, B4–622, B4–622R airplanes; all Airbus Model A300 C4–605R Variant F airplanes; and certain Airbus Model A300 F4–605R airplanes. This AD was prompted by the manufacturer’s review of all repairs accomplished using the structural repair manual. This review was done using revised fatigue and damage tolerance calculations. This AD requires an inspection of the surrounding panels of the left and right forward passenger doors, and corrective actions if necessary. We are issuing this AD to detect and correct previous incomplete or inadequate repairs to the surrounding panels of the left and right forward passenger doors and the fail- safe ring, which could negatively affect the structural integrity of the airplane. This AD becomes effective September 29, 2015.

RULE: We are adopting a new airworthiness directive (AD) for Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, AS350D1, AS355E, AS355F, AS355F1, AS355F2, AS355N, AS355NP, EC130B4, and EC130T2 helicopters. This AD requires inspecting the swashplate assembly rotating star to determine whether a ferrule was installed. If a ferrule exists, this AD requires inspecting the rotating star for a crack and removing any cracked rotating star. This AD was prompted by a report that reconditioning the rotating swashplate per a certain repair procedure could result in the rotating star cracking. The actions of this AD are intended to detect a crack in the rotating star and prevent failure of the rotating star and subsequent loss of control of the helicopter. This AD is effective September 29, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model BD–700–1A10 and BD–700–1A11 airplanes. This AD was prompted by a report of several events where pilots experienced difficulty in lateral control of the airplane after doing a climb through heavy rain conditions and a determination that the cause was water ingress in the aileron control pulley assembly. This AD requires, for certain airplanes, inspecting for correct clearance and rework if necessary, and, for certain other airplanes, installing a cover for the aileron pulley assembly. We are issuing this AD to prevent water ingress in the aileron control pulley assembly, which could freeze in cold conditions and result in reduced control of the airplane. This AD becomes effective September 29, 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 an in-service report of an uncommanded and unannunciated nose wheel steering during airplane pushback from the gate. This AD requires installing new cable assemblies with a pull-down resistor. We are issuing this AD to prevent an uncommanded nose wheel steering during takeoff or landing in the event of an open circuit in the steering system, and possible consequent runway excursion. This AD becomes effective September 29, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain Cessna Aircraft Company Model 500, 501, 550, 551, S550, 560, and 650 airplanes. This AD was prompted by reports of smoke and/or fire in the tailcone caused by sparking due to excessive wear of the brushes in the air conditioning (A/C) motor. This AD requires inspections to determine if certain A/C compressor motors are installed and to determine the accumulated hours on certain A/C compressor motor assemblies; and repetitive replacement of the brushes in the A/C compressor motor assembly, or, as an option to the brush replacement, deactivation of the A/C system and placard installation; and return of replaced brushes to Cessna. We are issuing this AD to prevent the brushes in the A/C motor from wearing down beyond their limits, which could result in the rivet in the brush contacting the commutator, causing sparks and consequent fire and/or smoke in the tailcone with no means to detect or extinguish the fire and/or smoke. This AD is effective September 29, 2015.

RULE: We are superseding Airworthiness Directive (AD) 2007–04– 13 for certain SOCATA Model TBM 700 airplanes (type certificate previously held by EADS SOCATA). 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 cracks found on the main landing gear cylinders. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective September 29, 2015.

RULE: We are superseding Airworthiness Directive (AD) 2011–08– 51 for certain The Boeing Company Model 737–300, –400, and –500 series airplanes. AD 2011–08–51 required repetitive inspections of the lap joint at certain stringers along the entire length from certain body stations. This new AD expands the inspection area, requires additional inspections for cracks and open pockets, requires corrective actions if necessary, and revises the compliance times. This AD was prompted by an evaluation by the design approval holder (DAH) that has determined that the lower fastener holes in the lower skin of the fuselage lap splice are subject to widespread fatigue damage (WFD). We are issuing this AD to detect and correct fatigue cracking of the lower fastener holes in the lower skin of the fuselage lap splice, which could result in reduced structural integrity of the airplane. This AD is effective September 29, 2015.

PROPOSED RULE: NMFS proposes regulations to implement Amendment 15 to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico (FMP), as prepared and submitted by the Gulf of Mexico (Gulf) Fishery Management Council (Council). This rule would revise the FMP framework procedures to streamline the process for changing certain regulations affecting the shrimp fishery. Additionally, this rule proposes changes to the FMP that would revise the maximum sustainable yield (MSY), overfishing threshold, and overfished threshold definitions and values for three species of penaeid shrimp. The intent of this proposed rule and Amendment 15 are to streamline the management process for Gulf shrimp stocks and to revise criteria for determining the overfished and overfishing status of each penaeid shrimp stock using the best available science. Written comments must be received on or before September 24, 2015. (To submit comments, visit www.regulations.gov, reference docket number NOAA-NMFS-2015-0097.)

PROPOSED RULE: NMFS proposes to allow large federally permitted U.S. longline vessels to fish in certain areas of the Large Vessel Prohibited Area (LVPA) around Swains Island, Tutuila, and the Manua Islands. NMFS would continue to prohibit fishing in the LVPA by large purse seine vessels. The fishing requirements for the Rose Atoll Marine National Monument would remain unchanged. The intent of the proposed rule is to improve the viability of the American Samoa longline fishery and achieve optimum yield from the fishery while preventing overfishing, in accordance with National Standard 1. NMFS must receive comments by September 24, 2015. (To submit comments, visit www.regulations.gov, reference docket number NOAA-NMF-2015-0080.)

PROPOSED RULE: Pursuant to Section 15F(b)(6) of the Securities Exchange Act of 1934 (“Exchange Act”), as added by Section 764(a) of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”), the Securities and Exchange Commission (“Commission”) is proposing Rule of Practice 194. Proposed Rule of Practice 194 would provide a process for a registered security-based swap dealer or major security-based swap participant (collectively, “SBS Entity”) to make an application to the Commission for an order permitting an associated person who is subject to a statutory disqualification to effect or be involved in effecting security-based swaps on behalf of the SBS Entity. Proposed Rule of Practice 194 also would exclude an SBS Entity, subject to certain limitations, from the prohibition in Exchange Act Section 15F(b)(6) with respect to associated persons that are not natural persons for a period of 30 days following the associated person becoming subject to a statutory disqualification or 30 days following the person that is subject to a statutory disqualification becoming an associated person of an SBS Entity; for a period of 180 days following the filing of a complete application under proposed Rule of Practice 194 and notice if the application and notice are filed within the same 30-day time period; and for a period of 180 days following the filing of a complete application with, or initiation of a process by, the Commodity Futures Trading Commission (“CFTC”), a self-regulatory organization (“SRO”) or a registered futures association pending a final decision with respect to an application or process with respect to the associated person for the membership, association, registration or listing as a principal, where the application has been filed or process started prior to or within the same 30-day time period and a notice has been filed with the Commission within the same 30-day time period. The proposed Rule of Practice 194 also would provide, in certain circumstances, for an extension of the temporary exclusion from the prohibition in Exchange Act Section 15F(b)(6) with respect to associated persons that are not natural persons to comply with the prohibition in Section 15F(b)(6). Finally, proposed Rule of Practice 194 would provide that, subject to certain conditions, an SBS Entity may permit an associated person that is subject to a statutory disqualification to effect or be involved in effecting security-based swaps on its behalf, without making an application pursuant to the proposed rule, where the Commission, CFTC, an SRO or a registered futures association has granted a prior application or otherwise granted relief from a statutory disqualification with respect to that associated person. Comments must be received on or before October 26, 2015. (To submit comments, visit www.regulations.gov, reference RIN 3235-AL76.)

Federal Register Highlights – 8/24/15

Unpublished, time-sensitive and proposed rules for August 24, 2015:

TEMPORARY RULE: The Coast Guard is establishing two 1000-yard temporary security zones in support of U.S. Secret Service (USSS) security operations in the navigable waters of the U.S. in portions of the coastal areas of Martha’s Vineyard, Massachusetts. These security zones are needed to support USSS security operations and will be effective as directed by the USSS within 1000 yards of the navigable waters of the U.S. in portions of the coastal areas of Martha’s Vineyard, Massachusetts. Vessel and people are prohibited from entering this security zone unless specifically authorized by the Captain of the Port (COTP) or the COTP’s designated on-scene representative. This rule is effective without actual notice from 6:30 a.m. on August 24, 2015 until 5 p.m. on August 24, 2015.

PROPOSED RULE: EPA is proposing changes to the existing regulation concerning the certification of applicators of restricted use pesticides (RUPs) in response to extensive stakeholder review of the regulation and its implementation since 1974. EPA’s proposed changes would ensure the Federal certification program standards adequately protect applicators, the public, and the environment from risks associated with use of RUPs. The proposed changes are intended to improve the competency of certified applicators of RUPs, increase protection for noncertified applicators of RUPs operating under the direct supervision of a certified applicator through enhanced pesticide safety training and standards for supervision of noncertified applicators, and establish a minimum age requirement for certified and noncertified applicators. In keeping with EPA’s commitment to work more closely with Tribal governments to strengthen environmental protection in Indian country, certain changes are intended to provide more practical options for establishing certification programs in Indian country. Comments must be received on or before November 23, 2015. (To submit comments, visit www.regulations.gov, reference docket number EPA-HQ-OPP-2011-0183.)

PROPOSED RULE: This rulemaking is part of FRA’s broader initiative to reduce the paperwork burden of its regulations. To support compliance with the Federal hours of service laws, Federal regulations have long required railroads to create and retain records regarding the hours of service of their employees who are covered by those laws (covered service employees). In general, the current regulations require covered service employees whose hours are recorded to sign the record by hand (the traditional, manual system) or “certify” the record using a complex computerized system (an electronic system). FRA proposes to amend these regulations to provide a third, simplified method of compliance, for certain entities. FRA proposes to allow railroads with less than 400,000 employee hours per year, and contractors and subcontractors providing covered service employees to such railroads to use an automated system, in which employees apply their electronic signatures to the automated records, which are stored in a railroad computer system. The proposed rule would not require the use of electronic or automated recordkeeping, would be better tailored to small operations, and is expected, if adopted, to decrease the burden hours spent on hours of service recordkeeping. Written comments must be received by October 23, 2015. (To submit comments, visit www.regulations.gov, reference docket number FRA-2012-0101.)

Federal Register Highlights – 8/21/15

Unpublished, time-sensitive and proposed rules for August 21, 2015:

PROPOSED RULE: The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) proposes to revise the United States Standards for Grades of Processed Raisins. AMS is proposing to remove five references to the term “midget” throughout the standards. These changes would modernize and clarify the standards by removing dual terminology for the same requirement. Comments must be submitted on or before October 20, 2015. (To submit comments, visit www.regulations.gov, reference docket number AMS-FV-14-0087.)

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Hood Canal Floating Drawbridge across Hood Canal (Admiralty Inlet), mile 5.0, near Port Gamble, WA. This deviation allows the bridge to open the draw span half-way, 300 feet; as opposed to all the way, which is 600 feet. One half of the span will remain closed, allowing for the replacements of bridge anchors for this section of the bridge. This deviation is effective from 6 a.m. on August 27, 2015, until 7 p.m. on September 30, 2015.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Oregon State (Lewis and Clark River) Highway Bridge across the Lewis and Clark River, mile 1.0, at Astoria, OR. The deviation is necessary to accommodate bridge maintenance activities. This deviation allows the bridge to remain in the closed-to-navigation position and need not open to maritime traffic. This deviation is effective from 7 a.m. on August 20, 2015 to 5 p.m. on October 30, 2015.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on Lake Erie and Cleveland Harbor, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie and Cleveland Harbor during the Cleveland National Air Show. This temporary safety zone is necessary to protect participants, spectators, and vessels from the hazards associated with aerial insertions and aircraft maneuvers. This rule is effective from 2:20 p.m. on September 3, 2015 until 6 p.m. on September 7, 2015.

TEMPORARY RULE: The Coast Guard is establishing a temporary moving safety zone during the Swim Around Charleston, a swimming race occurring on waters of the Wando River, the Cooper River, Charleston Harbor, and the Ashley River, in Charleston, South Carolina. The Swim Around Charleston is scheduled to take place on September 26, 2015. The temporary safety zone is necessary for the safety of the swimmers, participant vessels, spectators, and the general public during the event. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative. This rule is effective from noon until 6 p.m. on September 26, 2015.

PROPOSED RULE: The Federal Housing Finance Agency (FHFA) is proposing amendments to its stress testing rule adopted in 2013 to implement section 165(i) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The amendments would modify the start date of the stress test cycles from October 1 of a calendar year to January 1 of the following calendar year. The amendments would also modify the dates for FHFA to issue scenarios for the upcoming cycle, the dates for the regulated entities to report the results of their stress tests to FHFA, and the dates for the regulated entities to publicly disclose a summary of their stress test results for the severely adverse scenario. These amendments would align FHFA’s rule with rules adopted by other financial institution regulators that implement the Dodd-Frank stress testing requirements. Comments on the proposed amendments must be received on or before September 21, 2015. (To submit comments, visit www.regulations.gov, reference RIN 2590-AA74.)

Federal Register Highlights – 8/20/15

Unpublished, time-sensitive and proposed rules for August 20, 2015:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Pelham Bay Bridge, across the Hutchinson River, mile 0.5, at Bronx, New York. This deviation is necessary to replace bridge timbers, miter rails, and concrete work. This deviation allows the bridge to remain in the closed position for eighteen days. This deviation is effective from 11 p.m. on September 11, 2015 to 11 p.m. on October 4, 2015.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on Lake Erie, Cleveland Harbor, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Whiskey Island Paddleboard Festival and Race. This temporary safety zone is necessary to protect mariners and race participants from the navigational hazards associated with a paddleboard race. This rule is effective from 6:45 a.m. until 12:15 p.m. on August 22, 2015.

RULE: We are superseding Airworthiness Directive (AD) 98–18–02 for certain Airbus Model A300 B4–600, B4–600R, and F4–600R series airplanes, and Model C4–605R variant F airplanes (collectively called A300–600 series airplanes). AD 98–18–02 required inspections to detect cracks in the center spar sealing angles adjacent to the pylon rear attachment and in the adjacent butt strap and skin panel, and correction of discrepancies. This new AD continues to require inspections for cracks. This new AD also requires a modification by cold expansion of the center spar sealing angles, replacement of both sealing angles and cold expansion of the attachment holes if necessary, and post-repair repetitive inspections and corrective actions if necessary. This AD was prompted by reports of cracking in the vertical web of the center spar sealing angles of the wing, and subsequent analyses that showed that the inspection threshold and interval specified in AD 98–18–02 must be reduced to allow timely detection of cracks on the sealing angles of the center spar, adjacent to rib 8. We are issuing this AD to prevent crack formation in the sealing angles, which could rupture the sealing angle and lead to subsequent crack formation in the bottom skin of the wing, and result in reduced structural integrity of the center spar section of the wing. This AD becomes effective September 24, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain Airbus Model A319, A320, and A321 series airplanes. This AD was prompted by reports that on airplanes equipped with sharklets, discretes (used to activate the load alleviation function) are connected on various flight computers using the same ground point. In these cases, the ground point segregation is no longer effective, and a single failure could lead to loss of sharklet identification by flight computers causing a return to the wing tip fence (no sharklet configuration) performance. This AD requires modification of the sharklet ground connection. We are issuing this AD to prevent loss of sharklet identification by the flight computers and subsequent reduced control of the airplane. This AD becomes effective September 24, 2015.

RULE: We are superseding Airworthiness Directive (AD) 2013–21– 01 for Eurocopter France Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, AS350D1, AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters. AD 2013–21–01 required certain inspections of each tail rotor pitch horn assembly (pitch horn) for a crack, replacing a cracked pitch horn before further flight, and a one-time visual inspection of pitch horns above certain hours time-in-service (TIS). This new AD retains the requirements of AD 2013–21–01 but requires a repetitive visual inspection for all pitch horns regardless of hours TIS. This AD was prompted by a report of a crack in the yoke of a pitch horn and is intended to detect a crack in the pitch horn to prevent failure of the pitch horn, loss of the anti-torque function, and subsequent loss of control of the helicopter. This AD is effective September 24, 2015.

RULE: We are superseding Airworthiness Directive (AD) 2001–13– 51 for Bell Model 206L–4, 407, and 427 helicopters. AD 2001–13–51 required inspecting certain driveshafts for a crack, a loose bolt or nut, or red powder residue and replacing a driveshaft if there is a crack, a loose bolt or nut, or red powder residue. AD 2001–13–51 also required notifying the FAA within 10 days if a crack is found in the driveshaft. This new AD retains the inspection requirement of AD 2001–13– 51, expands the applicability to include the Model 429 helicopter, and removes the reporting requirement. This AD is intended to prevent failure of a driveshaft, loss of drive to the main rotor system, and a subsequent emergency landing. This AD is effective September 24, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL–600–2C10 (Regional Jet Series 700, 701, & 702), CL–600–2D15 (Regional Jet Series 705), and CL–600–2D24 (Regional Jet Series 900) airplanes. This AD was prompted by reports of a disconnect between the elevator lever and control rod. This AD requires replacement of left and right fixed control rods and lever assemblies of the elevator control system. We are issuing this AD to prevent a disconnect between the elevator lever and control rod, which could lead to un- commanded elevator movement of the associated control surface, a large difference between the position of the left and the right elevator control surfaces, and consequent reduced controllability of the airplane and degradation of the structural integrity of the horizontal stabilizer. This AD becomes effective September 24, 2015.

TEMPORARY RULE: NMFS implements accountability measures (AMs) for the hogfish recreational sector in the exclusive economic zone (EEZ) of the South Atlantic for the 2015 fishing year through this temporary rule. NMFS estimates recreational landings from the 2014 and 2015 fishing years have exceeded the recreational annual catch limit (ACL) for hogfish. Therefore, NMFS reduces the length of the 2015 recreational fishing season, i.e., closes the recreational sector, for hogfish in the South Atlantic EEZ on August 24, 2015. This closure is necessary to protect the hogfish resource. This rule is effective 12:01 a.m., local time, August 24, 2015, until 12:01 a.m., local time, January 1, 2016.

PROPOSED RULE: This proposed rule would amend the existing consolidated set of rules relating to the United States Patent and Trademark Office (Office or USPTO) trial practice for inter partes review (“IPR”), post-grant review (“PGR”), the transitional program for covered business method patents (“CBM”), and derivation proceedings that implemented provisions of the Leahy-Smith America Invents Act (“AIA”) providing for trials before the Office. Comment date: The Office solicits comments from the public on this proposed rulemaking. Written comments must be received on or before October 19, 2015 to ensure consideration.

Federal Register Highlights – 8/19/15

Unpublished, time-sensitive and proposed rules for August 19, 2015:

PROPOSED RULE: This proposal invites comments on prescribing late payment and interest charges on past due assessments under the Paper and Paper- Based Packaging Promotion, Research and Information Order (Order). The Order is administered by the Paper and Packaging Board (Board) with oversight by the U.S. Department of Agriculture (USDA). Under the Order, assessments are collected from manufacturers and importers and used for projects to promote paper and paper-based packaging. This proposal would implement authority contained in the Order that allows the Board to collect late payment and interest charges on past due assessments. Two additional changes are proposed to reflect current practices and update the Order and regulations. This action would contribute to effective administration of the program and was unanimously recommended by the Board. Comments must be received by October 19, 2015. (To submit comments, visit www.regulations.gov, reference docket number AMS-FV-14-0082.)

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 refrigerated bottled or canned beverage vending machines (beverage vending machine). EPCA also requires the U.S. Department of Energy (DOE) to periodically determine whether more- stringent, amended standards would be technologically feasible and economically justified, and would save a significant amount of energy. In this NOPR, DOE proposes amended energy conservation standards for Class A and Class B beverage vending machines. DOE is also proposing to amend the definition for Class A equipment to more clearly differentiate Class A and Class B equipment, as well as to amend the definition of combination vending machine. In addition, DOE proposes to establish definitions and new energy conservations standards for Combination A and Combination B classes of beverage vending machines. This NOPR also announces a public meeting to receive comment on these proposed standards and associated analyses and results, and announces the availability of the NOPR technical support document (TSD). DOE will accept comments, data, and information regarding this NOPR before and after the public meeting, but no later than October 19, 2015. (To submit comments, visit www.regulations.gov, reference docket number EERE-2013-BT-STD-0022.)

PROPOSED RULE: The U.S. Environmental Protection Agency (EPA) is proposing to revise its Regional Consistency regulations to ensure the EPA has the flexibility necessary to implement Clean Air Act (CAA or Act) programs on a national scale while addressing court rulings that concern certain agency actions under the Act. In addition, the proposed revisions would help to foster overall fairness and predictability regarding the scope and impact of judicial decisions under the CAA. Comments must be received on or before October 19, 2015. (To submit comments, visit www.regualtions.gov, reference docket number EPA-HQ-OAR-2014-0616.)

PROPOSED RULE: The Food Safety and Inspection Service (FSIS) is proposing to amend the definition and standard of identity for the “roaster” or “roasting chicken” poultry class to better reflect the characteristics of “roaster” chickens in the market today. “Roasters” or “roasting chickens” are described in terms of the age and ready-to-cook (RTC) carcass weight of the bird. Genetic changes and management techniques have continued to reduce the grow-out period and increased the RTC weight for this poultry class. Therefore, FSIS is proposing to amend the “roaster” definition to remove the 8- week minimum age criterion and increase the RTC carcass weight from 5 pounds to 5.5 pounds. This action is being taken in response to a petition submitted by the National Chicken Council. Comments must be received on or before October 19, 2015. (To submit comments, visit www.regulations.gov, reference docket number FSIS-2015-0026.)

 

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