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Federal Register Highlights – 10/1/14

October 1, 2014

Unpublished, time-sensitive and proposed rules for October 1, 2014:

IMPORTANT NOTICE: The Federal Government website for commenting on proposed rules (www.regulations.gov) will be undergoing infrastructure maintenance on Saturday, October 4 from 9 am to 8 pm, Eastern Time. The commenting website will be unavailable during those times.

PROPOSED RULE: The Coast Guard proposes to establish safety zones for underwater detonation operations in the waters of outer Apra Harbor, Guam. This rule would be effective from 2 p.m. on November 5, 2014, until 4 p.m. on November 6, 2014 (kilo, Local Time). The enforcement period for this rule would be from 2 p.m. to 4 p.m. on November 5, 2014 and from 2 p.m. to 4 p.m. November 6, 2014. The Coast Guard believes this safety zone regulation is necessary to protect all persons and vessels that would otherwise transit or be within the affected area from possible safety hazards associated with an underwater detonation operation. Comments and related material must be received by the Coast Guard on or before October 21, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: This rule establishes and updates policy, assigns responsibilities, and provides procedures to conduct criminal history checks on individuals involved in the provision of child care services for children under the age of 18 in DoD programs. Public Law 101–647, also known as the Crime Control Act of 1990 (Act), requires all individuals involved with the provision of child care services to children under the age of 18 undergo a criminal background check. ‘‘Child care services’’ include, but are not limited to, social services, health and mental health care, child (day) care, education (whether or not directly involved in teaching), and rehabilitative programs. Any conviction for a sex crime, an offense involving a child victim, or a drug felony, may be grounds for denying employment or for dismissal of an employee providing any of the services discussed above Comments must be received by December 1, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Environmental Protection Agency (EPA) is proposing to amend the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) to add language to broaden the methods by which the EPA can notify the public about certain Superfund activities. Currently, the NCP requires that the public be notified of certain Superfund activities by publishing a notice in a major local newspaper of general circulation. By broadening the notification methods, the lead agency will be able to adopt a notification approach that is most effective at informing a community. The lead agency should assess the ways a community receives information and consider the notification approach which best suits a specific site and community. Written comments must be received by October 31, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: Under the Toxic Substances Control Act (TSCA), EPA is proposing a significant new use rule (SNUR) for 15 related chemical substances commonly known as nonylphenols (NP) and nonylphenol ethoxylates (NPE). For 13 NPs and NPEs, EPA is proposing to designate any use as a ‘‘significant new use,’’ and for 2 additional NPs, EPA is proposing that any use other than use as an intermediate or use as an epoxy cure catalyst would constitute a ‘‘significant new use.’’ Persons subject to these SNURs would be required to notify EPA at least 90 days before they manufacture (including import) or process any of these 15 chemical substances for a significant new use. The required notification would provide EPA with the opportunity to evaluate the new uses and protect against unreasonable risks, if any, from potential new exposures to NPs and NPEs, before that activity occurs. Comments must be received on or before December 1, 2014. (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 Bombardier, Inc. Model BD–700–1A10 and BD–700–1A11 airplanes. This AD was prompted by reports of an incorrectly assembled check tee fitting used in fire extinguishing (FIREEX) distribution lines. This AD requires inspecting to determine the part number and for all affected check tee fittings measuring for correct depth, and replacing if necessary. We are issuing this AD to detect and correct faulty check tee fittings, which will reduce fire extinguishing protection. This AD becomes effective November 5, 2014.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767–200, –300, –300F, and –400ER airplanes. This AD was prompted by reports indicating that a standard access door was located where an impact-resistant access door was required, and stencils were missing from some impact-resistant access doors. This AD requires an inspection of the wing fuel tank access doors to determine whether impact-resistant access doors are installed in the correct locations, and to replace incorrectly installed doors with impact-resistant access doors. This AD also requires an inspection for stencils and index markers on impact-resistant access doors, and application of new stencils or index markers if necessary. In addition, this AD requires revising the maintenance program to incorporate changes to the airworthiness limitations section. We are issuing this AD to correct the unsafe condition on these products. This AD is effective November 5, 2014.

RULE: We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737–600, –700, –700C, –800, –900, and –900ER series airplanes, and Model 777 airplanes. This AD was prompted by testing reports on certain Honeywell phase 3 display units (DUs). These DUs exhibited susceptibility to radio frequency emissions in WiFi frequency bands at radiated power levels below the levels that the displays are required to tolerate for certification of WiFi system installations. The phase 3 DUs provide primary flight information including airspeed, altitude, pitch and roll attitude, heading, and navigation information to the flightcrew. This AD requires replacing the existing phase 3 DUs with phase 1, phase 2, or phase 3A DUs, and for certain replacement DUs, installing new DU database software. We are issuing this AD to prevent loss of flight-critical information displayed to the flightcrew during a critical phase of flight, such as an approach or takeoff, which could result in loss of airplane control at an altitude insufficient for recovery, or controlled flight into terrain. This AD is effective November 5, 2014.

RULE: We are adopting a new airworthiness directive (AD) for all Turbomeca S.A. Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, 1S1, 2B, 2B1, 2C, 2C1, 2C2, 2S1, and 2S2 turboshaft engines. This AD requires an initial one-time vibration check of the engine accessory gearbox (AGB) on certain higher risk Arriel 1 and Arriel 2 model engines. This AD also requires repetitive vibration checks of the engine AGB for all Arriel 1 and Arriel 2 engines at every engine shop visit. This AD was prompted by reports of uncommanded in-flight shutdowns on Turbomeca S.A. Arriel 1 and Arriel 2 engines following rupture of the 41-tooth gear forming part of the 41/23- tooth bevel gear located in the engine AGB. We are issuing this AD to prevent failure of the engine AGB, which could lead to in-flight shutdown and damage to the engine, which may result in damage to the aircraft. This AD becomes effective November 5, 2014.

PROPOSED RULE: We, the U.S. Fish and Wildlife Service, propose to list 21 plant and animal species from the Mariana Islands (the U.S. Territory of Guam and the U.S. Commonwealth of the Northern Mariana Islands) as endangered species under the Endangered Species Act of 1973, as amended. We also propose to list two plant species from the Mariana Islands in the U.S. Territory of Guam and the U.S. Commonwealth of the Northern Mariana Islands as threatened species under the Act. If we finalize this rule as proposed, it would extend the Act’s protections to these 23 species. The effect of this regulation will be to add these 23 species to the Federal Lists of Endangered and Threatened Wildlife and Plants. We will accept comments received or postmarked on or before December 1, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: Based on a request from the U.S. Food and Drug Administration, NMFS is lifting the closure area referred to as the Northern Temporary Paralytic Shellfish Poisoning Closed Area for the harvest of bivalve molluscan shellfish. NMFS is taking this action because this area has not been subject to a toxic algal bloom for several years, and testing of bivalve shellfish has demonstrated toxin levels are well below those known to cause human illness. This action is expected to provide additional fishing opportunity for bivalves in the Gulf of Maine. This rule is effective October 1, 2014 through December 31, 2014.

PROPOSED RULE: NMFS proposes regulations to implement a framework action to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Gulf) (Reef Fish FMP) to modify the commercial annual catch limit (ACL) and annual catch target (ACT) regulations for three individual fishing quota (IFQ) program species complexes in the Gulf, as prepared by the Gulf of Mexico Fishery Management Council (Council). If implemented, this rule would clarify that the established commercial quotas are equal to the commercial ACTs and would add commercial ACLs to the regulations for three IFQ species complexes: Other shallow-water grouper (Other SWG), deep-water grouper (DWG), and tilefishes. The purpose of this rule is to help achieve optimum yield for IFQ species in the Gulf, while preventing overfishing, in accordance with National Standard 1 of the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Written comments must be received on or before October 16, 2014. (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 its regulations defining who may apply for a headstone or marker. The intended effect of this proposed rule would be to expand the types of individuals who may request headstones and markers on behalf of decedents. This amendment would address concerns that the existing applicant definition is too restrictive and results in identified veteran gravesites going unmarked. Comments must be received on or before December 1, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

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