Unpublished, time-sensitive and proposed rules for March 2, 2015:
TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Tower Drawbridge across the Sacramento River, mile 59.0 at Sacramento, CA. The deviation is necessary to allow the community to participate in footrace events. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period. This deviation is effective from 7:45 a.m. on March 14, 2015, to 1 p.m. on March 15, 2015.
TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the North Carolina Department of Transportation (NCDOT) Cape Fear Memorial Bridge across the Cape Fear River, mile 26.8, in Wilmington, NC. This temporary deviation allows the bridge to remain in the closed to navigation position for up to five days to facilitate biennial maintenance and inspections. This deviation is effective from 7 a.m. on March 16, 2015 to 5 p.m. March 20, 2015.
TEMPORARY RULE: The Coast Guard will establish a safety zone on the waters of Cooper River, and Town Creek Reaches in Charleston, South Carolina during the Cooper River Bridge Run on March 28, 2015 from 7:30 a.m. to 10:30 a.m. The Cooper River Bridge Run is a 10K run across the Arthur Ravenal Bridge. The safety zone is necessary for the safety of the runners and the general public during this event. Persons and vessels will be 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 on March 28, 2015 and will be enforced from 7:30 a.m. to 10:30 a.m.
TEMPORARY RULE: The Coast Guard is establishing two temporary safety zones within the Sector Boston, Captain of the Port (COTP) Zone on the navigable waters of the Boston Inner Harbor, Quincy Bay for the demolition of the Moon Island—Long Island Bridge, between Moon Island and Long Island, Boston, MA. This action is necessary to provide for the safety of life on navigable waters prior to and during demolition and removal of the bridge spans. Entering into, transiting through, remaining in, anchoring, or mooring within this safety zone is prohibited unless authorized by the Captain of the Port (COTP) Sector Boston. This rule is effective without actual notice from 12:01 a.m. on March 2, 2015 until 11:59 p.m. on December 31, 2015.
RULE: We are adopting a new airworthiness directive (AD) for certain Airbus Model A300 series airplanes, Model A300 B4–600, B4–600R, and F4–600R series airplanes, and Model A300 C4–605R Variant F airplanes (collectively called Model A300–600 series airplanes). This AD was prompted by a report of chafing found on the overflow sensor harness of the surge tank, and subsequent contact between the electrical wiring and fuel tank structure. This AD requires a one-time inspection for chafing of the overflow sensor harness, and repair if necessary. This AD also requires modification of the sensor harness. We are issuing this AD to prevent chafing of the harness and subsequent contact between the electrical wiring and fuel tank structure, which could result in electrical arcing and a fuel tank explosion and consequent loss of the airplane. This AD becomes effective April 6, 2015.
RULE: We are superseding Airworthiness Directive (AD) 2009–20–05 for certain Airbus Model A318, A319, A320, and A321 series airplanes. AD 2009–20–05 required one-time inspections for cracking, damage, correct installation, and correct adjustment of the main landing gear (MLG) door hinge and actuator fittings on the keel beam, and corrective actions if necessary. This new AD expands the applicability, reduces the compliance time, and requires repetitive inspections instead of the one-time inspection. This AD also requires revising the maintenance or inspection program. This AD was prompted by reports of cracks on fittings that had successfully passed certain required inspections. We are issuing this AD to detect and correct cracking on the MLG door hinge fitting and actuator fitting on the keel beam, which could lead to in-flight detachment of an MLG door, possibly resulting in injury to persons on the ground and/or damage to the airplane. This AD becomes effective April 6, 2015.
PROPOSED RULE: The Department of Health and Human Services (HHS) is proposing to amend its Federal Acquisition Regulation (FAR) Supplement, the HHS Acquisition Regulation (HHSAR), to update its regulation to current FAR requirements; to remove information from the HHSAR that consists of material that is internal administrative and procedural in nature; to add or revise definitions; to correct certain terminology; and to delete outdated material or material duplicative of the FAR. Comments are due on or before May 1, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)
PROPOSED RULE: This document contains proposed regulations that provide the method to be used to adjust the applicable Federal rates (AFRs) under section 1288 of the Internal Revenue Code (Code) (adjusted AFRs) for tax-exempt obligations and the method to be used to determine the long-term tax-exempt rate and the adjusted Federal long-term rate under section 382. For tax-exempt obligations, the proposed regulations affect the determination of original issue discount under section 1273 and of total unstated interest under section 483. In addition, the proposed regulations affect the determination of the limitations under sections 382 and 383 on the use of certain operating loss carry-forwards, tax credits, and other attributes of corporations following ownership changes. This document also contains a request for comments and provides notice of a public hearing on these proposed regulations. Written or electronic comments must be received by June 1, 2015. A public meeting on this proposal will be held on June 24, 2015. Outlines of topics to be discussed at that meeting are due on June 1, 2015. (To submit comments or to obtain additional information about the public meeting, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)
Unpublished, time-sensitive and proposed rules for February 27, 2015:
PROPOSED RULE: The Architectural and Transportation Barriers Compliance Board (Access Board or Board), is proposing to revise and update, in a single document, both its standards for electronic and information technology developed, procured, maintained, or used by federal agencies covered by section 508 of the Rehabilitation Act of 1973, and its guidelines for telecommunications equipment and customer premises equipment covered by Section 255 of the Communications Act of 1934. The proposed revisions and updates to the section 508-based standards and section 255-based guidelines are intended to ensure that information and communication technology covered by the respective statutes is accessible to and usable by individuals with disabilities. Submit comments by May 28, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)
PROPOSED RULE: The Rail Safety Improvement Act of 2008 requires the development and implementation of railroad safety risk reduction programs. This NPRM proposes to implement this mandate by requiring each Class I railroad and each railroad with inadequate safety performance to develop and implement a Risk Reduction Program (RRP) to improve the safety of their operations. RRP is a comprehensive, system-oriented approach to safety that determines an operation’s level of risk by identifying and analyzing applicable hazards and involves developing plans to mitigate, if not eliminate, that risk. Each RRP would be statutorily required to include a risk analysis and a technology implementation plan. An RRP would be implemented by a written RRP plan that has been submitted to FRA for review and approval. A railroad would be required to conduct an annual internal assessment of its RRP, and a railroad’s RRP processes and procedures would be externally audited by FRA. Written comments must be received by April 28, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)
PROPOSED RULE: This notice seeks public comment on proposed rules that would transform and strengthen State Safety Oversight (SSO) of rail fixed guideway public transportation systems. FTA will issue a final rule and response to comments following the close of the comment period. Once FTA issues a final rule, the agency will rescind its current regulations. Comments must be received by April 28, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)
PROPOSED RULE: The Department of Veterans Affairs (VA) proposes to amend the portion of the VA Schedule for Rating Disabilities (VASRD or rating schedule) that addresses gynecological conditions and disorders of the breast. The purpose of these changes is to incorporate medical advances that have occurred since the last review, update current medical terminology, and provide clear evaluation criteria. The proposed rule reflects advances in medical knowledge, recommendations from the Gynecological Conditions and Disorders of the Breast Work Group (Work Group), which is comprised of subject matter experts from both the Veterans Benefits Administration (VBA) and the Veterans Health Administration (VHA), and comments from experts and the public gathered as part of a public forum. The public forum, focusing on revisions to the gynecological conditions and disorders of the breast section of the VASRD, was held on January 24, 2012. Comments must be received on or before April 28, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)
Unpublished, time-sensitive and proposed rules for February 25, 2015:
PROPOSED RULE: The U.S. Department of Energy (DOE) proposes to establish test procedures for portable air conditioners (ACs) in accordance with the guidance and requirements set forth by the Energy Policy and Conservation Act to establish technologically feasible, economically justified energy conservation standards for products identified by specific criteria to provide national energy savings through improved energy efficiency. The proposed test procedures are based upon industry methods to determine energy consumption in active modes, off-cycle mode, standby modes, and off mode, with certain modifications to ensure the test procedures are repeatable and representative. The proposed test procedure would create a new appendix CC, which would be used to determine capacities and energy efficiency metrics that could be the basis for any future energy conservation standards for portable ACs. DOE also proposes adding a sampling plan and rounding requirements for portable ACs, necessary when certifying capacity and efficiency of a basic model. DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) before and after the public meeting, but no later than May 11, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)
RULE: We are adopting a new airworthiness directive (AD) for certain Sikorsky Model S–76A, B, C, and D helicopters. This AD requires inspecting the tail rotor drive shaft (TDS) flange-toshaft attachment hardware for correct assembly and correct torque of the fasteners. If there is a discrepancy, this AD requires, before further flight, applying an index mark to the flange and TDS, inspecting the flange and shaft for a crack, fracture, wear, and certain measurements, and replacing any part that does not meet the approved criteria before further flight. This AD is prompted by a partial loss of tail rotor drive resulting in a forced landing. The actions specified by this AD are intended to prevent failure at the flange-to-shaft attachment, loss of a tail rotor drive, and subsequent loss of control ofthe helicopter. This AD becomes effective March 12, 2015.
PROPOSED RULE: The Federal Crop Insurance Corporation (FCIC) proposes to replace the General Administrative Regulation—Subpart V—Submission of Policies, Provisions of Policies and Rates of Premium. The intended effect of this action is to incorporate legislative changes to the Federal Crop Insurance Act (Act) stemming from the Agricultural Act of 2014, clarify existing regulations, lessen the burden of submitters of crop insurance policies, provisions of policies, or rates of premium under section 508(h) of the Act, provide guidance on the submission and payment for concept proposals under section 522 of the Act, and to incorporate changes that are consistent with those made in the Common Crop Insurance Policy Basic Provisions (Basic Provisions). Written comments and opinions on this proposed rule will be accepted until close of business April 27, 2015 and will be considered when the rule is to be made final. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)
Unpublished, time-sensitive and proposed rules for February 24, 2015:
PROPOSED RULE: The Department of the Interior (DOI), acting through BOEM and BSEE, proposes to revise and add new requirements to regulations for exploratory drilling and related operations on the Outer Continental Shelf (OCS) seaward of the State of Alaska (Alaska OCS). The Alaska OCS has the potential to be an integral part of the Nation’s “all of the above” domestic energy strategy. This proposed rule focuses solely on the OCS within the Beaufort Sea and Chukchi Sea Planning Areas (Arctic OCS). The Arctic region is characterized by extreme environmental conditions, geographic remoteness, and a relative lack of fixed infrastructure and existing operations. The proposed rule is designed to ensure safe, effective, and responsible exploration of Arctic OCS oil and gas resources, while protecting the marine, coastal, and human environments, and Alaska Natives’ cultural traditions and access to subsistence resources. Submit comments by April 27, 2015. BOEM and BSEE may not fully consider comments received after this date. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)
TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the U.S. 101 Highway Bridge across the Umpqua River, mile 11.1, at Reedsport, OR. The deviation is necessary to accommodate steel bracing repair and electrical station repair on the bridge. This deviation allows the U.S. 101 Umpqua River Bridge to remain in the closed position during repairs. This deviation is effective from 6 a.m. on February 23, 2015 to 11 p.m. on March 6, 2015.
PROPOSED RULE: This rule establishes in the Code of Federal Regulations the National Language Services Corps (NLSC) by describing the program and its responsibilities per the January 2013 National Defense Authorization Act which authorized the Secretary of Defense to establish the NLSC as a permanent organization. The NLSC responds to federal agencies’ needs for language skills in emergencies or surge requirements. Once a federal agency identifies a need, NLSC members are advised of the potential assignment. If an individual is interested and available, they go through a screening and selection process as discussed in the rule. The decision to use NLSC rests with the requesting agency and support agreements must be established before work can begin. Comments must be received by April 27, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)
RULE: We are adopting a new airworthiness directive (AD) for Bell Helicopter Textron Inc. (Bell) Model 412 and 412EP helicopters with certain static inverters (inverters) installed. This AD requires revising the Rotorcraft Flight Manual (RFM) and installing a placard in full view of the pilot to limit flight to visual flight rules (VFR) only and prohibit night operations. This AD is prompted by failures of certain inverters, most of which resulted in smoke in the cockpit. The actions specified by this AD are intended to restrict flight to VFR only and prohibit night operations to allow safe operation in the event of failure of an affected inverter. This failure would increase pilot workload during instrument flight rules (IFR) and could result in loss of certain pilot information displays and subsequent loss of control of the helicopter. This AD becomes effective March 11, 2015.
RULE: We are adopting a new airworthiness directive (AD) for all CFM International S.A. (CFM) CFM56–7B series turbofan engines. This AD was prompted by a dual engine thrust instability event that resulted in the overspeed and in-flight shutdown (IFSD) of one engine. This AD requires modification of the engine by removing full authority digital engine control (FADEC) software, version 7.B.V4 or earlier, installed in the electronic engine controls (EECs) on CFM56–7B engines. We are issuing this AD to prevent a thrust instability event, which could lead to overspeed and IFSD of one or more engines, loss of thrust control, damage to the engine, and damage to the airplane. This AD is effective March 31, 2015.
PROPOSED RULE: GSA is proposing to amend the Federal Property Management Regulations (FPMR) and the Federal Management Regulation (FMR) by migrating regulations regarding the supply and procurement of Government personal property management from the FPMR to the FMR. The FPMR will contain a cross-reference to direct readers to the coverage in the FMR. This proposed rule also eliminates material that is not regulatory in nature, is overly prescriptive, outdated, addressed in other policy, or no longer appropriate for today’s Government business environment. This case is included in GSA’s retrospective review of existing regulations under Executive Order 13563. Additional information is available at http://www.gsa.gov/improvingregulations. Interested parties should submit written comments on or before April 27, 2015 to be considered in the formation of a final rule. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)
TEMPORARY RULE: NMFS implements an accountability measure (AM) through this temporary rule for commercial harvest of king mackerel in the Florida west coast southern subzone of the eastern zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) using run-around gillnet gear. NMFS has determined that the commercial annual catch limit (ACL; commercial quota) for king mackerel using run-around gillnet gear in the Florida west coast southern subzone of the Gulf EEZ will be reached on February 20, 2015. Therefore, NMFS closes the Florida west coast southern subzone to commercial king mackerel fishing using run-around gillnet gear in the Gulf EEZ. This closure is necessary to protect the Gulf king mackerel resource. The closure is effective 12:01 p.m., eastern standard time, February 20, 2015, until 6 a.m., eastern standard time, January 19, 2016.
Unpublished, time-sensitive and proposed rules for February 23, 2015:
RULE: We are adopting a new airworthiness directive (AD) for certain Rolls-Royce plc (RR) RB211 Trent 768–60, 772–60, and 772B–60 turbofan engines. This AD requires inspection of the oil feed tube sealing sleeve and removal of those oil feed tube sealing sleeves that are affected by this AD. This AD was prompted by fractures of the high-pressure/intermediate-pressure (HP/IP) turbine support internal oil feed tube. We are issuing this AD to prevent failure of the HP/IP turbine support internal oil feed tube, which could result in uncontained engine failure and damage to the airplane. This AD becomes effective March 30, 2015.
RULE: We are adopting a new airworthiness directive (AD) for Short Brothers & Harland Ltd. Model SC–7 Series 3 airplanes. 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 fatigue cracking, which could lead to structural failure of the nose landing gear (NLG). We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective March 30, 2015.
PROPOSED RULE: The FAA is proposing to amend its regulations to adopt specific rules to allow the operation of small unmanned aircraft systems in the National Airspace System. These changes would address the operation of unmanned aircraft systems, certification of their operators, registration, and display of registration markings. The proposed rule would also find that airworthiness certification is not required for small unmanned aircraft system operations that would be subject to this proposed rule. Lastly, the proposed rule would prohibit model aircraft from endangering the safety of the National Airspace System. Send comments on or before April 24, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)
TEMPORARY RULE: NMFS is prohibiting directed fishing for Pacific cod, including for the Community Development Quota program (CDQ), in the Western Aleutian Islands district (Area 543) of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the Area 543 Pacific cod harvest limit of the 2015 total allowable catch (TAC) in the Aleutian Islands subarea of the BSAI. Effective 1200 hrs, Alaska local time (A.l.t.), February 18, 2015, through 2400 hrs, A.l.t., December 31, 2015.
PROPOSED RULE: NMFS has received a request from Apache Alaska Corporation (Apache) for authorization to take marine mammals, by harassment, incidental to its proposed oil and gas exploration seismic survey program in Cook Inlet, Alaska, between March 1, 2015, and February 29, 2020. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue regulations and subsequent Letters of Authorization (LOAs) to Apache to incidentally harass marine mammals. Comments and information must be received no later than March 25, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)
Unpublished, time-sensitive and proposed rules for February 20, 2015:
PROPOSED RULE: The FHWA proposes to establish a process for the development of a State asset management plan in accordance with section 1106 of the Moving Ahead for Progress in the 21st Century Act (MAP–21), to improve or preserve the condition of the assets and the performance of the National Highway System (NHS) as they relate to physical assets. In this document “asset management plan” and “risk-based asset management plan” are used interchangeably. An asset management plan is a key management tool for highway infrastructure owners. State departments of transportation (State DOT) increasingly use asset management plans to make decisions about where and when to invest State and Federal funds in highway infrastructure improvements to achieve and sustain a desired state of good repair over the life cycle of the assets at minimum practicable cost. The development and implementation of an asset management plan also is an important part of the overall MAP–21 framework for enhancing the management and performance of transportation highway infrastructure funded through the Federal-aid highway program (FAHP). The asset management plan required by section 1106 of MAP–21 will provide States with critical data and identify investment and management strategies to improve or preserve the condition of the assets and the performance of the NHS. Under section 1106, the plan must include strategies leading to a program of projects that would make progress toward achievement of the State targets for asset condition and performance of the NHS in accordance with section 1203(a) of MAP–21, and supporting progress toward the achievement of the national goals identified in section 1203(a). While the primary purpose of this proposed rule is to address asset management plan requirements in section 1106, this proposed rule also would address other MAP–21 requirements that relate to asset management. The proposed rule defines the minimum standards that States would use in developing and operating highway bridge and pavement management systems as required by section 1203(a) of MAP–21. Also, this proposed rule would address the requirements in section 1315(b) of MAP–21 by requiring States to conduct statewide evaluations to determine if reasonable alternatives exist to roads, highways, or bridges that repeatedly require repair and reconstruction activities from emergency events. The proposed rule would require State DOTs to take these evaluations into account in their asset management plans for facilities that are included in the plans. Comments must be received on or before April 21, 2015. Late-filed comments will be considered to the extent practicable. (To submit comments, visit http://www.regulations.gov, reference docket number FHWA–2013–0052. (Commenting page was not available at the time of this posting.)
PROPOSED RULE: This proposed rule is a cost-savings measure to update HUD’s regulations regarding the payment of FHA insurance claims in debentures. Section 520(a) of the National Housing Act affords the Secretary discretion to pay insurance claims in cash or debentures. Although HUD has given mortgagees the option to elect payment of FHA insurance claims in debentures in some sections of HUD’s regulations, HUD has not paid an FHA insurance claim under these regulations using debentures in approximately 5 years. This proposed rule would amend applicable FHA regulations to bring consistency in determining the method of payment for FHA insurance claims. Comment Due Date: April 21, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number FR–5805–P–01. Commenting page was not available at the time of this posting.)
TEMPORARY RULE: NMFS reduces the trip limit for the commercial sector of Atlantic migratory group Spanish mackerel in the southern zone to 1,500 lb (680 kg) of Spanish mackerel per day in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the Spanish mackerel resource. The rule is effective 6 a.m., local time, February 20, 2015, until 12:01 a.m., local time, March 1, 2015, unless changed by subsequent notification in the Federal Register.