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Federal Register Highlights – 9/9/14

September 9, 2014

Unpublished, time-sensitive and proposed rules for September 9, 2014:

PROPOSED RULE: We are proposing to amend our regulations governing the importations of fruits and vegetables by broadening our existing performance standard to provide for approval of all new fruits and vegetables for importation into the United States using a notice-based process. We are also proposing to remove the region- or commodity-specific phytosanitary requirements currently found in these regulations. Likewise, we are proposing an equivalent revision of the performance standard in our regulations governing the interstate movements of fruits and vegetables from Hawaii and the U.S. territories (Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands) and the removal of commodity-specific phytosanitary requirements from those regulations. This proposal would allow for the approval of requests to authorize the importation or interstate movement of new fruits and vegetables in a manner that enables a more flexible and responsive regulatory approach to evolving pest situations in both the United States and exporting countries. It would not however, alter the science- based process in which the risk associated with importation or interstate movement of a given fruit or vegetable is evaluated or the manner in which risks associated with the importation or interstate movement of a fruit or vegetable are mitigated. We will consider all comments that we receive on or before November 10, 2014. (To submit comments, visit 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 Burlington Northern Santa Fe (BNSF) Railway Company swing span bridge across the Boeuf Bayou, mile 10.2, in Amelia, St. Mary Parish, Louisiana. The deviation is necessary to complete scheduled maintenance and repairs for the continued safe operation of the bridge. This deviation allows the bridge to remain in the closed-to-navigation position for seven consecutive hours. This deviation is effective from 7 a.m. through 2 p.m. on September 18, 2014.

TEMPORARY RULE: The Coast Guard is establishing a safety zone in the waters off of Tarague Basin, Anderson AFB, Guam, for the safety of waterway users, during U.S. Air Force explosive ordnance disposal operations. The U.S. Air Force plans to engage in explosive ordnance disposal operations starting in August 2014, and continue to do so at varying times weekly, for an indefinite duration. The safety zone is activated, and therefore subject to enforcement, during these operations. When the safety zone is activated for enforcement, all entry into the safety zone (including vessels and persons) is prohibited except by permission from the Captain of the Port or his designated representative. The Coast Guard is implementing this interim rule for the safety of mariners; we encourage comments on this rulemaking as to how we may improve the rule. This rule is effective without actual notice September 9, 2014. For the purposes of enforcement, actual notice will be used from August 22, 2014, until September 9, 2014.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone in the West Duwamish Waterway in Seattle, Washington due to scheduled drydock movement at Vigor Industrial. The safety zone is necessary to ensure the safety of the maritime public and workers involved in the drydock movement. The safety zone will prohibit any person or vessel from entering or remaining in the safety zone unless authorized by the Captain of the Port or a Designated Representative. This rule is effective from September 17, 2014 to September 18, 2014. This rule will be enforced from 11:00 a.m. until 6:00 p.m. on September 17, 2014, and from noon until 6:30 p.m. on September 18, 2014.

TEMPORARY RULE: The Coast Guard is establishing special local regulations on the waters of Lake Dora in Tavares, Florida, during the Hydrocross, a series of high-speed personal watercraft races. The event is scheduled to take place on September 13 and 14, 2014. Approximately 50 vessels are anticipated to participate in the races. This special local regulation is necessary to ensure the safety of life on navigable waters of the United States during the races. This rule is effective on September 13 and 14, 2014 and will be enforced daily from 9 a.m. to 5 p.m.

RULE: We are superseding Airworthiness Directive (AD) 2013–03–23 for all Gulfstream Aerospace LP (Type Certificate previously held by Israel Aircraft Industries, Ltd.) Model Gulfstream G150 airplanes. AD 2013–03–23 required revising the airplane flight manual (AFM) to include procedures to advise the flightcrew of certain runway slope and anti-ice corrections and takeoff distance values. This new AD requires revising the Performance section of the AFM, which includes the revised procedures. This AD was prompted by the issuance of a revision to the AFM, which modifies runway slope and anti-ice corrections to both V1 and takeoff distance values. We are issuing this AD to prevent the use of published, non-conservative data, which could result in the inability to meet the required takeoff performance, with a consequent hazard to safe operation during performance-limited takeoff operations. This AD becomes effective October 14, 2014.

RULE: We are adopting a new airworthiness directive (AD) for certain Rockwell Collins TDR–94 and TDR–94D Mode select (S) transponders that are installed on airplanes. This AD was prompted by instances where the TDR– 94 and TDR–94D Mode S transponders did not properly respond to Mode S Only All-Call interrogations when the airplane transitioned from a ground to airborne state. This AD requires inspecting the setting of the airplane type code category strapping and requires either modifying the airplane type code category setting or installing the software upgrade to convert the affected transponders to the new part number. We are issuing this AD to correct the unsafe condition on these products. This AD is effective October 14, 2014.

PROPOSED RULE: FRA proposes amendments to the brake system safety standards for freight and other non-passenger trains and equipment to strengthen the requirements relating to the securement of unattended equipment. Specifically, FRA would codify many of the requirements already included in its Emergency Order 28, Establishing Additional Requirements for Attendance and Securement of Certain Freight Trains and Vehicles on Mainline Track or Mainline Siding Outside of a Yard or Terminal. FRA proposes to amend existing regulations to include additional securement requirements for unattended equipment, primarily for trains transporting poisonous by inhalation hazardous materials or large volumes of Division 2.1 (flammable gases), Class 3 (flammable or combustible liquids, including crude oil and ethanol), and Class 1.1 or 1.2 (explosives) hazardous materials. For these trains, FRA also proposes additional communication requirements relating to job briefings and securement verification. Finally, FRA proposes to require all locomotives left unattended outside of a yard to be equipped with an operative exterior locking mechanism. Attendance on trains would be required on equipment not capable of being secured in accordance with the proposed and existing requirements. Written comments must be received by November 10, 2014. Comments received after that date will be considered to the extent possible without incurring additional expenses or delays. (To submit comments, visit Click here to be taken directly to the commenting page.)

TEMPORARY RULE: NMFS is closing the fisheries for commercial blacknose sharks and non-blacknose SCS in the Gulf of Mexico region. This action is necessary because the commercial landings of Gulf of Mexico non-blacknose SCS for the 2014 fishing season could exceed 80 percent of the available commercial quota as of September 5, 2014, and the fisheries are quota-linked under current regulations. The commercial fisheries for blacknose sharks and Gulf of Mexico non-blacknose SCS in the Gulf of Mexico region are closed effective 11:30 p.m. local time September 9, 2014, until the end of the 2014 fishing season on December 31, 2014, or until and if NMFS announces via a notice in the Federal Register that additional quota is available and the season is reopened.

PROPOSED RULE: This proposed rule would implement a Seabird Avoidance Program in the Pacific Coast Groundfish Fishery. The proposed rule was recommended by the Pacific Fishery Management Council (Council) in November 2013 and is specifically designed to minimize the take of ESA-listed short-tailed albatross (Phoebastria albatrus). A 2012 U.S. Fish and Wildlife Service Biological Opinion required NMFS to initiate implementation of regulations within 2 years mandating the use of seabird avoidance measures by vessels greater than or equal to 55 feet length overall (LOA) using bottom longline gear to harvest groundfish. The seabird avoidance measures, including streamer lines that deter birds from ingesting baited hooks, are modeled after a similar regulatory program in effect for the Alaskan groundfish fishery. Comments on this proposed rule must be received on or before October 9, 2014. (To submit comments, visit Click here to be taken directly to the commenting page.)

PROPOSED RULE: NMFS is proposing to codify type-approval standards, specifications, procedures, and responsibilities applicable to commercial Enhanced Mobile Transceiver Unit (EMTU) vendors and mobile communications service (MCS) providers seeking to obtain and maintain type-approval by NMFS for EMTU/MTU or MCS, collectively referred to as vessel monitoring system (VMS), products and services. This proposed rule is necessary to specify NMFS procedures for EMTU/MTU and MCS type-approval, type-approval renewal, and revocation; revise latency standards; and ensure compliance with type-approval standards. Comments must be received by October 24, 2014. (To submit comments, visit Click here to be taken directly to the commenting page.)


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