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Federal Register Highlights – 1/22/15

January 22, 2015

Unpublished, time-sensitive and proposed rules for January 22, 2015:

PROPOSED RULE: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the approximately 44,690-acre “Squaw Valley–Miramonte” viticultural area in Fresno County, California. The proposed viticultural area does not overlap any established viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on this proposed addition to its regulations. Comments must be received by March 23, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number TTB–2015–0002. Commenting page was not available at the time of this posting.)

TEMPORARY RULE: The Coast Guard is modifying the effective date of a published temporary deviation from the operating schedule that governs the Morgan City (Berwick Bay) Railroad Bridge across the Atchafalaya River, mile 17.5 (Gulf Intracoastal Waterway (Morgan CityPort Allen Alternate Route) mile 0.3) in Morgan City, St. Mary Parish, Louisiana. The modification of the date is necessary to further minimize the effects on navigation caused by additional repairs required for the bridge. The deviation is necessary to complete the previously approved repairs and to allow additional repairs to the fender system. This deviation allows for the bridge to remain closed to navigation for four consecutive hours in the morning and three hours in the afternoon with an opening in the middle to pass vessels for five weekdays over a two-week period. The deviation published in the Federal Register on January 16, 2015 (80 FR 2302), is effective from 7 a.m. to 11 a.m. and then again from 1 p.m. through 4 p.m. on February 4 through 6, 2015, and then again February 9 and 10, 2015.

PROPOSED RULE: The Environmental Protection Agency (EPA or the Agency) proposes to amend the requirements in Subpart J of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) that govern the use of  dispersants, other chemical and biological agents, and other spill mitigating substances when responding to oil discharges into waters of the United States (U.S.). The proposal addresses the efficacy, toxicity, environmental monitoring of dispersants, and other chemical and biological agents, as well as public, state, local, and federal officials’ concerns regarding their use. Specifically, the proposal amends the Subpart J regulatory requirements for the NCP Product Schedule (Schedule) by adding new listing criteria, revising the efficacy and toxicity testing protocols, and clarifying the evaluation criteria for removing products from the Schedule. The Agency also proposes amended requirements for the authorities, notifications, monitoring, and data reporting when using chemical or biological agents in response to oil discharges to the navigable waters of the United States and adjoining shorelines, the waters of the contiguous zone, and the high seas beyond the contiguous zone in connection with activities under the Outer Continental Shelf Lands Act, activities under the Deepwater Port Act of 1974, or activities that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States, including resources under the Magnuson Fishery Conservation and Management Act of 1976. These requirements are anticipated to encourage the development of safer and more effective spill mitigating products, and would better target the use of these products to reduce the risks to human health and the environment. Further, the amendments are intended to ensure that On-Scene Coordinators (OSCs), Regional Response Teams (RRTs), and Area Committees have sufficient information to support agent preauthorization or authorization of use decisions. Comments must be received on or before April 22, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number EPA–HQ–OPA–2006–0090. Commenting page was not available at the time of this posting.)

RULE: We are adopting a new airworthiness directive (AD) for all Airbus Model A330–200 Freighter, –200, and –300 series airplanes and Model A340–200, –300, –500, and –600 series airplanes. This emergency AD was sent previously to all known U.S. owners and operators of these airplanes. This AD requires revising the airplane flight manual to advise the flightcrew of emergency procedures for abnormal Alpha Protection (Alpha Prot). This AD was prompted by a report of Angle of Attack (AoA) probes jamming on an inservice Airbus Model A321 airplane. We are issuing this AD to ensure that the flightcrew has procedures to counteract the pitch down order due to abnormal activation of the Alpha Prot. An abnormal Alpha Prot, if not corrected, could result in loss of control of the airplane. This AD is effective February 6, 2015 to all persons except those persons to whom it was made immediately effective by Emergency AD 2014–25–52, issued on December 10, 2014, which contained the requirements of this amendment.

RULE: We are adopting a new airworthiness directive (AD) for all Airbus Model A318, A319, A320, and A321 series airplanes. This emergency AD was sent previously to all known U.S. owners and operators of these airplanes. This AD requires revising the airplane flight manual to advise the flightcrew of emergency procedures for abnormal Alpha Protection (Alpha Prot). This AD was prompted by a report of Angle of Attack (AoA) probes jamming on an in-service Airbus Model A321 airplane. Jamming of the two AoA probes during climb is attributed to water freezing under the AoA vane slinger, and  led to activation of the Alpha Prot while the Mach number increased, which resulted in an airplane pitch down per design. We are issuing this AD to ensure that the flightcrew has procedures to counteract the pitch down order due to abnormal activation of the Alpha Prot. An abnormal Alpha Prot, if not corrected, could result in loss of control of the airplane. This AD is effective February 6, 2015 to all persons except those persons to whom it was made immediately effective by Emergency AD 2014–25–51, issued on December 10, 2014, which contained the requirements of this amendment.

RULE: We are adopting a new airworthiness directive (AD) for certain Airbus Model A319–115, A319–133, A320–214, A320–232, and A320–233 airplanes. This emergency AD was sent previously to all known U.S. owners and operators of these airplanes. This AD requires repetitive detailed visual inspections to detect discrepancies of the wing lower skin surface and inboard main landing gear (MLG) support rib lower flange location fasteners and, depending on findings,  accomplishment of applicable corrective action(s). This AD was prompted by reports of failure of certain fasteners located at the wing lower skin surface and inboard MLG support rib lower flange. We are issuing this AD to detect and correct discrepancies of the fasteners at the external surface of the lower wing skin and inboard MLG support rib lower flange, which could result in an airplane not meeting its maximum loads expected in service. This condition could result in structural failure. This AD is effective February 6, 2015 to all persons except those persons to whom it was made immediately effective by Emergency AD 2014–26–53, issued on December 16, 2014, which contained the requirements of this amendment.

RULE: We are adopting a new airworthiness directive (AD) for certain Mitsubishi Heavy Industries, Ltd. Models MU–2B–30, MU–2B–35, MU–2B–36, MU–2B–36A, and MU–2B–60 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 stress corrosion cracking in the flanges of the airframe at stations 4610 and 5605. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective February 26, 2015.

RULE: We are superseding Airworthiness Directive (AD) 2011–09–11, for certain The Boeing Company Model 777–200 and –300 series airplanes. AD 2011–09–11 required repetitive inspections for hydraulic fluid contamination of the interior of the strut disconnect assembly; repetitive inspections for discrepancies of the interior of the strut disconnect assembly, if necessary; repetitive inspections of the exterior of the strut disconnect assembly for cracks, if necessary; corrective action if necessary; and an optional terminating action for the inspections. This new AD adds, for certain airplanes, an inspection of  the side and top cover plates to determine if all cover plate attach fasteners have been installed, and installing any missing fasteners including doing an inspection for damage, and repair if necessary. This AD was prompted by reports of side and top cover plates installed with missing fastener bolts, which results in an unsealed opening on the system disconnect assembly. We are issuing this AD to detect and correct hydraulic fluid contamination, which can cause cracking of titanium parts in the system disconnect assembly; and also to detect and correct missing fasteners, which results in unsealed openings on the system disconnect assembly. Both unsafe conditions can compromise the engine firewall and result in fire hazards for both the engine compartment and the strut. This AD is effective February 26, 2015.

PROPOSED RULE: In this document the Federal Communications Commission (Commission) affirms core principles guiding its approach to 911 governance and proposes mechanisms to ensure, in cooperation with state and local partners, that the nation’s 911 governance structure keeps pace with evolving technology so that all entities providing 911 service capabilities remain accountable for reliable 911 call completion and accurate situational awareness. This document proposes steps to address vulnerabilities in 911 reliability that have been revealed by a series of recent “sunny day” 911 outages, including the April 2014 multistate outage that was the subject of a recent report by the Public Safety and Homeland Security Bureau (Bureau). Specifically, this document proposes to amend the Commission’s 911 reliability certification rules to cover additional entities and network reliability practices; require public notification for major changes in multi-state 911 networks and services, and Commission approval for discontinuance of existing 911 services; require entities seeking to provide new 911 capabilities to certify as to their technical and operational capability to provide reliable service; and designate certain 911 service providers to take lead responsibility for situational awareness and coordination with other service providers in the event of a 911 outage. Submit comments on or before March 9, 2015 and reply comments by April 7, 2015. (To submit comments, visit http://www.regulations.gov, reference PS Docket No. 14–193. Commenting page was not available at the time of this posting.)

PROPOSED RULE: This document requests comments on a Petition for Rule Making filed by Charles Crawford, proposing to amend the FM Table of Allotments, of the Commission’s rules, by allotting Channel 247A at Bogata, Texas, as a first local service. A staff engineering analysis indicates that Channel 247A can be allotted to Bogata, Texas consistent with the  minimum distance separation requirements of the Commission’s rules with a site restriction located 12.9 kilometers (8 miles) northwest of Bogata. The reference coordinates are 33–33–21 NL and 95–18–28 WL. Comments must be filed on or before March 2, 2015, and reply comments on or before March 17, 2015. (Submit written comments to: Secretary, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner as follows: Charles Crawford, 2215 Cedar Springs Rd., #1605, Dallas, Texas 75201.)

PROPOSED RULE: We, the U.S. Fish and Wildlife Service, propose to designate critical habitat for Consolea corallicola (Florida semaphore cactus) and Harrisia aboriginum (aboriginal prickly-apple) under the Endangered Species Act (Act). In total, approximately 4,411 acres (1,785 hectares) for Consolea corallicola in Miami-Dade and Monroe Counties, Florida; and 3,444 acres (1,394 hectares) for Harrisia aboriginum in Manatee, Charlotte, Sarasota, and Lee Counties, Florida, fall within the boundaries of the proposed critical habitat designations. We also announce the availability of a draft economic analysis of the proposed designation for these species. We will accept comments received or postmarked on or before March 23, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number FWS–R4–ES–2014–0057. Commenting page was not available at the time of this posting.)

PROPOSED RULE: NMFS proposes regulations to implement Amendment 32 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared by the South Atlantic Fishery Management Council (Council). If implemented, this rule would remove blueline tilefish from the deep-water complex; establish blueline tilefish commercial and recreational sector annual catch limits (ACLs) and accountability measures (AMs); revise the  deep-water complex ACLs and AMs; establish a blueline tilefish commercial trip limit; and revise the blueline tilefish  recreational bag limit. The purpose of this rule is to specify ACLs and AMs for blueline tilefish to end overfishing of the stock and maintain catch levels consistent with achieving optimum yield (OY) for the blueline tilefish resource. Written comments must be received on or before February 23, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number NOAA–NMFS–2014–0145. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The U.S. Office of Special Counsel (OSC) proposes revising its regulations to accept covered disclosures of wrongdoing from employees working under a contract or grant with the Federal government. Written or electronic comments must be received on or before March 23, 2015. (To submit comments, visit http://www.regulations.gov, search for the title of the proposed regulation: “Revision of Regulations To Allow Federal Contractors, Subcontractors, and Grantees To File Whistleblower Disclosures With the U.S. Office of Special Counsel”. Commenting page was not available at the time of this posting.)

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