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Federal Register Highlights – 1/26/15

January 26, 2015

Unpublished, time-sensitive and proposed rules for January 26, 2015:

PROPOSED RULE: The Coast Guard proposes to change the operating schedule that governs the SR 175 Bridge across  Lewis Channel and Black Narrows, mile 3.5 at Chincoteague, VA. The proposed change would eliminate the need for the current special operating schedule and return the bridge to open on demand. The proposed change does not include the last consecutive Wednesday and Thursday in July for the annual Pony swim. Comments and related material must reach the Coast Guard on or before March 12, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: This proposed rule requests public comment on proposed implementation for Long Term Care Hospitals (LTCHs) the statutory provision at title 10, United States Code (U.S.C.), section 1079(j)(2) that TRICARE payment methods for institutional care be determined, to the extent practicable, in accordance with the same reimbursement rules as those that apply to payments to providers of services of the same type under Medicare. This proposed rule sets forth the proposed regulation modifications necessary to implement a TRICARE reimbursement methodology similar to that  applicable to Medicare beneficiaries for inpatient services provided by LTCHs. Written comments received at the address indicated below by March 27, 2015 will be accepted. (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 add new health and environmental  protection standards to regulations promulgated under the Uranium Mill Tailings Radiation Control Act of 1978 (“UMTRCA” or “the Act”). The proposed standards will regulate byproduct materials produced by uranium in-situ recovery (ISR), including both surface and subsurface standards, with a primary focus on groundwater protection, restoration and stability. ISR has a greater potential to directly affect groundwater than does conventional milling. Therefore, by explicitly addressing the most significant hazards represented by ISR activities, these proposed standards are intended to address the shift toward ISR as the dominant form of uranium recovery that has occurred since the standards for uranium and thorium mill tailings were initially promulgated in 1983. The general standards proposed today, when final, will be implemented by the Nuclear Regulatory Commission (NRC). This action also proposes to amend specific provisions in the current Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings rule to address a ruling of the Tenth Circuit Court of Appeals, to update a cross-reference to another environmental standard and to correct certain technical and  typographical errors that have been identified since the 1983 promulgation. Comments must be received on or before April 27, 2015. (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) 2011–13–09 for all Airbus Model A330–200, –200F, and –300 series airplanes. AD 2011–13–09 required revising the maintenance program to incorporate new limitations and  maintenance tasks for certain certification management requirements (CMRs). This new AD requires revising the maintenance or inspection program to incorporate new maintenance requirements and airworthiness limitations. This AD  was prompted by a determination that more restrictive maintenance requirements and airworthiness limitations are necessary. We are issuing this AD to prevent safety-significant latent failures that would, in combination with one or more other specific failures or events, result in a hazardous or catastrophic failure condition. This AD becomes effective March 2, 2015.

RULE: We are superseding Airworthiness Directive (AD) AD 2011–14–06 for all Airbus Model A318, A319, A320, and A321 series airplanes. AD 2011–14–06 required revising the maintenance program. This new AD requires revising the maintenance program to incorporate new, more restrictive limitations. This AD was prompted by the determination that more restrictive limitations are necessary. We are issuing this AD to prevent fatigue cracking, accidental damage, or corrosion in principal structural elements, and possible failure of certain life limited parts, which could result in reduced structural integrity of the airplane. This AD becomes effective March 2, 2015.

RULE: We are adopting a new airworthiness directive (AD) for Pilatus Aircraft Ltd. Model PC–7 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 possible cracking from stress corrosion on various parts of the airplane structure made of aluminum alloy AA2024–T351. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective March 2, 2015.

PROPOSED RULE: This document requests comments on a Petition for Rule Making filed by Red Wolf Broadcasting Corporation, proposing to amend the FM Table of Allotments, § 73.202(b) of the Commission’s rules, by allotting Channel 277A at Shelter Island, New York, as a first local service. A staff engineering analysis indicates that Channel 277A can be  allotted to Shelter Island consistent with the minimum distance separation requirements of the Commission’s rules with a site restriction located 12 kilometers (7.5 miles) south of the community. The reference coordinates are 40–57–54 NL and 72–22–59 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: Scott Woodworth, Esq., Edinger Associates PLLC, 1875 I Street NW., Suite 500, Washington, DC 20006.)

PROPOSED RULE: The NCUA Board (Board) is issuing proposed amendments to the regulation governing credit union capital planning and stress testing. The amendments would adjust the timing of certain events in the capital planning and stress testing cycles. If finalized, the revisions to the regulation would become effective January 1, 2016. Comments must be received on or before March 27, 2015. (To submit comments, visit http://www.regulations.gov. C;lick here to be taken directly to the commenting page.)

TEMPORARY RULE: NMFS is reallocating the projected unused amounts of the Community Development Quota pollock directed fishing allowances from the Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to provide opportunity for harvest of the 2015 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. Effective 1200 hrs, Alaska local time (A.l.t.), January 26, 2015, until the effective date of the final 2015 and 2016 harvest specifications for Bering Sea and Aleutian Islands (BSAI) groundfish, unless otherwise modified or superseded through publication of a notification in the Federal Register.

PROPOSED RULE: NMFS proposes regulations to implement Amendment 16 to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico (FMP), as prepared and submitted by the Gulf of Mexico (Gulf) Fishery Management Council (Council). If implemented, this proposed rule would revise the annual catch limit (ACL) for royal red shrimp, remove the royal red shrimp quota, and revise the accountability measures (AMs) for royal red shrimp to remove an inconsistency in the regulations. The intent of this rule is to prevent overfishing of the royal red shrimp resource while helping to achieve optimum yield and reconcile conflicting Federal regulations. Written comments must be received on or before February 25, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

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