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Federal Register Highlights – 7/1/14

July 1, 2014

Unpublished, time-sensitive and proposed rules for July 1, 2014:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the operation of the Stratford Avenue Bridge across the Pequonnock River, mile 0.1, at Bridgeport, Connecticut. The deviation is necessary to allow the bridge to remain in the closed position for scheduled maintenance at the bridge. This deviation is effective from 10 a.m. on July 15, 2014 through 4 p.m. on July 18, 2014.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Isleton Drawbridge across Sacramento River, mile 18.7, at Isleton, CA. The deviation is necessary to allow the bridge owner to make critical repairs to the bridge deck. This deviation allows the bridge to open with 15 minutes advance notice during the deviation period. This deviation is effective from 10 p.m. on June 27, 2014, until 5 a.m. on June 30, 2014.

TEMPORARY RULE: The Coast Guard is establishing a safety zone on the Atlantic Ocean near Ocean City, NJ, from 9:10 p.m. to 10:20 p.m. on July 16, 2014 with a rain date scheduled for July 17, 2014. The safety zone will restrict vessel traffic in the North Atlantic Ocean within a 500 yard radius of a fireworks barge located at position 39–16.22 N, 074–33.54 W. This safety zone is necessary to protect the surrounding public and vessels from the hazards associated with a fireworks display. This regulation is necessary to provide for the safety of life on the navigable waters of the North Atlantic Ocean. This safety zone is intended to restrict vessel traffic movement to ensure the safety of the surrounding public and vessels. This rule is effective from July 1, 2014 through July 17, 2014. It will be enforced from 9:10 p.m. to 10:20 p.m. on July 16, 2014 with a rain date of July 17, 2014, unless cancelled earlier.

TEMPORARY RULE: The Coast Guard is establishing a safety zone on the Delaware River in Chester, PA, from 9 p.m. to 10:15 p.m. on July 12, 2014. The safety zone will restrict vessel traffic on the Delaware River while a fireworks event is taking place. This safety zone is necessary to protect the public and vessels in the surrounding area from the hazards associated with a fireworks display. This rule is effective from July 1, 2014 through July 12, 2014. It will be enforced from 9 p.m. to 10:15 p.m. on July 12, 2014.

TEMPORARY RULE: The Coast Guard is establishing a safety zone on the Delaware River in Philadelphia, PA, from 8:30 p.m. to 9:30 p.m. on July 1, 2014. The safety zone will restrict vessel traffic on the Delaware River while a fireworks event is taking place, inside a boundary described as spanning from the Pennsylvania shore to the New Jersey shore and is bounded in the south by a line from position 39°56′18″ N, longitude 075°08′30″ W; thence to latitude 39°56′17″ N, longitude 075°07′56″ W, and bounded on the north by the Benjamin Franklin Bridge. This safety zone is necessary to protect the public and vessels in the surrounding area from the hazards associated with a fireworks display. This rule is effective and will be enforced from 8:30 p.m. to 9:30 p.m. on July 1, 2014.

TEMPORARY RULE: The Coast Guard will enforce the safety zone for the San Francisco Giants Fireworks display in the Captain of the Port, San Francisco area of responsibility during the dates and times noted below. This action is necessary to protect life and property of the maritime public from the hazards associated with the fireworks display. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM). The regulations in 33 CFR 165.1191, Table 1, Item number 1 will be enforced from 11 a.m. to 10:30 p.m. on July 2, 2014.

TEMPORARY RULE: The Coast Guard is establishing temporary safety zones in the navigable waters of the San Francisco Bay near Aquatic Park in support of San Francisco Independence Day Fireworks Display on July 4, 2014. These safety zones are established to ensure the safety of participants and spectators from the dangers associated with pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zones without permission of the Captain of the Port or their designated representative. This rule is effective on July 3 and 4, 2014. This rule will be enforced from 9 a.m. on July 3, 2014 through 10:15 p.m. on July 4, 2014.

PROPOSED RULE: The Office of the Comptroller of the Currency (OCC) proposes to adjust the timing of the annual stress testing cycle and to clarify the method used to calculate regulatory capital in the stress tests. The proposal would shift the dates of the annual stress testing cycle by approximately three months. The proposal also would provide that covered institutions will not have to calculate their regulatory capital requirements using the advanced approaches method in 12 CFR part 3, subpart E until the stress testing cycle beginning on January 1, 2016. Comments must be received on or before September 2, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

RULE: We are superseding Airworthiness Directive (AD) 2007–10–16 for all British Aerospace Regional Aircraft Jetstream Model 3201 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 the need to incorporate revisions to the Airworthiness Limitations section of the Instructions for Continued Airworthiness. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective August 5, 2014.

RULE: We are adopting a new airworthiness directive (AD) for certain Pratt & Whitney Canada Corp. (P&WC) turboprop engines. This AD requires installing a reinforcement liner to the power turbine (PT) containment ring and, for certain PT containment rings, adding scallops. This AD was prompted by in-service events involving the perforation of engine cases as a result of the liberation of PT blades and the fracture/displacement of the PT containment ring. We are issuing this AD to prevent uncontained engine failure and damage to the airplane. This AD becomes effective August 5, 2014.

RULE: We are adopting a new airworthiness directive (AD) for certain Rolls-Royce plc (RR) RB211-Trent 875–17, 877–17, 884–17, 884B–17, 892–17, 892B–17, and 895–17 turbofan engines. This AD requires inspection of the affected low-pressure (LP) turbine bearing support and exhaust case assembly and, if necessary, its replacement with a part eligible for installation. This AD was prompted by thin-walled LP turbine bearing support and exhaust case assemblies having been delivered into service. We are issuing this AD to prevent failure of the LP turbine bearing support and exhaust case assembly, which could lead to engine separation and damage to the airplane. This AD becomes effective August 5, 2014.

PROPOSED RULE: The Federal Communications Commission initiates a rulemaking seeking public comment on how best to protect and promote an open Internet following the D.C. Circuit Court of Appeals’ remand of portions of the Commission’s 2010 Open Internet Order, 76 FR 59192 (Sept. 23, 2011). In this document, among other things, we propose enhancements to the transparency rule, adopting the text of the no-blocking rule from the Open Internet Order with a revised rationale, and creating a separate screen that requires broadband providers to adhere to an enforceable legal standard of commercially reasonable practices. The proposed rules and the comment process that follows will help the Commission determine the right public policy to ensure that the Internet remains open. Submit comments on or before July 15, 2014. (To submit comments, visit http://fjallfoss.fcc.gov/ecfs2/. Click here to be taken directly to the commenting page. Reference proceeding number 14-28.

PROPOSED RULE: The Board invites comment on a notice of proposed rulemaking that would amend the capital plan and stress test rules to modify, following a transition period, the start date of the capital plan and stress test cycles from October 1 of a calendar year to January 1 of the following calendar year. The proposed rule would make other changes to the rules, including amending the capital plan rule to limit a bank holding company’s ability to make capital distributions to the extent that the bank holding company’s actual capital issuances are less than the amount indicated in its capital plan under baseline conditions, measured on a quarterly basis. The proposed rule would clarify application of the capital plan rule to a bank holding company that is a subsidiary of a U.S. intermediate holding company of a foreign banking organization and the characteristics of a stressed scenario to be included in company run stress tests. The proposed rule also would revise the Board’s Policy Statement on the Scenario Design Framework for Stress Testing and the Board’s Regulation YY to reflect the revisions to the start date of the stress test cycle. Comments must be received on or before August 11, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: This proposed rule would specify additional options for annual eligibility redeterminations and renewal and re-enrollment notice requirements for qualified health plans offered through the Exchange, beginning with annual redeterminations for coverage for plan year 2015. In particular, this proposed rule would provide additional flexibility for Marketplaces, including the ability for Marketplaces to propose unique approaches that meet the specific needs of their State, while streamlining the consumer experience. To be assured consideration, comments must be received no later than 5 p.m. on July 28, 2014. (To submit comments, visit http://www.regulations.gov. click here to be taken directly to the commenting page.)

PROPOSED RULE: NASA is proposing to amend its regulations by adding a subpart to establish traffic enforcement regulations, authorities, and procedures at all NASA Centers and component facilities. The revisions to this rule are part of NASA’s retrospective plan under EO 13563 completed in August 2011. Submit comments on or before July 31, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: NMFS proposes to implement Steller sea lion protection measures to insure that groundfish fisheries in the Bering Sea and Aleutian Islands Management Area (BSAI) off Alaska are not likely to jeopardize the continued existence of the western distinct population segment (WDPS) of Steller sea lions or destroy or adversely modify its designated critical habitat. These management measures would disperse fishing effort temporally and spatially to provide protection from potential competition for important Steller sea lion prey species in the BSAI. The intent of this proposed action is to protect the endangered WDPS of Steller sea lions, as required by the Endangered Species Act, and to minimize, to the extent practicable, the economic impact of fishery management measures, as required by the Magnuson-Stevens Fishery Conservation and Management Act. Submit comments on or before August 15, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

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