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Federal Register Highlights – 6/17/15

June 17, 2015

Unpublished, time-sensitive and proposed rules for June 17, 2015:

RULE: We are superseding airworthiness directive (AD) 2006–15–08 for all Honeywell International Inc. TPE331–1, –2, –2UA, –3U, –3UW, –5, –5A, –5AB, –5B, –6, –6A, –10, –10AV, –10GP, –10GT, –10P, –10R, –10T, –10U, –10UA, –10UF, –10UG, –10UGR, –10UR, –11U, –12JR, –12UA, –12UAR, and –12UHR turboprop engines with certain Honeywell part numbers (P/Ns) of Woodward fuel control unit (FCU) assemblies, installed. AD 2006–15–08 required initial and repetitive dimensional inspections of the fuel control drives for wear, and replacement of the FCU and fuel pump. This new AD requires initial and repetitive dimensional inspections of the affected fuel control drives and insertion of certain airplane   operating procedures into the applicable flight manuals. This AD was prompted by reports of loss of the fuel control drive, leading to engine overspeed, overtorque, overtemperature, uncontained rotor failure, and asymmetric thrust in multi-engine airplanes. We are issuing this AD to prevent failure of the fuel control drive that could result in damage to the engine and airplane. This AD is effective July 22, 2015.

PROPOSED RULE: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) by requiring United States-domiciled (U.S.-domiciled) motor carriers engaged in interstate commerce to use only commercial motor vehicles (CMV) that display a certification label affixed by the vehicle manufacturer or a U.S. Department of Transportation (DOT) Registered Importer, indicating that the vehicle satisfied all applicable Federal Motor Vehicle Safety Standards (FMVSS) in effect at the time of manufacture. If the certification label is missing, the motor carrier must obtain, and a driver upon demand present, a letter issued by the vehicle manufacturer stating that the vehicle met all applicable FMVSS in effect at the time of manufacture. You may submit comments by August 3, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number FMCSA–2014–0428. Commenting page was not available at the time of this posting.)

PROPOSED RULE: On March 23, 2015, we (NMFS and USFWS, or the Services) published a proposed rule to revise the green sea turtle (Chelonia mydas; hereafter referred to as the green turtle) listings under the Endangered Species Act (ESA). We proposed to remove the current range-wide listing and, in its place, list eight distinct population segments (DPSs) as threatened and three as endangered. We opened a public comment period that lasted through June 22, 2015, announced a public hearing in Honolulu, Hawaii, and solicited requests for additional public hearings. With this document, we announce additional public hearings in Guam, the Commonwealth of the Northern Mariana Islands (CNMI), and American Samoa. To allow adequate time for comments after the last public hearing, we extend the public comment period through July 27, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number NOAA–NMFS–2012–0154. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The best available scientific and commercial data indicate that the eastern puma (=cougar) (Puma (=Felis) concolor couguar) is extinct. Therefore, under the authority of the Endangered Species Act of 1973, as amended, we, the U.S. Fish and Wildlife Service (Service), propose to remove this subspecies from the Federal List of Endangered and Threatened Wildlife. This proposed action is based on a thorough review of all available information, which indicates that there is no evidence of the existence of either an extant population or individuals  of the eastern puma and that, for various reasons, it is highly unlikely that an eastern puma population could remain undetected over the time span since the last confirmed sighting was documented in 1938. We will accept comments received or postmarked on or before August 17, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number FWS–R5–ES–2015–001. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Health Resources and Services Administration (HRSA) administers section 340B of the Public Health Service Act (PHSA), which is referred to as the “340B Drug Pricing Program” or the “340B Program.” This proposed rule will apply to all drug manufacturers that are required to make their drugs available to covered entities under the 340B Program. The proposed rule sets forth the calculation of the ceiling price and application of civil monetary penalties. Submit comments on or before August 17, 2015. (To submit comments, visit http://www.regulations.gov, reference RIN 0906–AA89. Commenting page was not available at the time of this posting.)

PROPOSED RULE:  This proposed rule describes how articles the President determines no longer warrant control under Category XIV (Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment) or Category XVIII (Directed Energy Weapons) of the United States Munitions List (USML) would be controlled under the Commerce Control List (CCL). The affected Category XIV articles consist primarily of dissemination, detection and protection “equipment” and related articles and would be controlled under new Export Control Classification Numbers (ECCNs) 1A607, 1B607, 1C607, 1D607, and 1E607, as proposed by this rule. The affected Category XVIII articles consist primarily of tooling, production “equipment,” test and evaluation “equipment,” test models and related articles and would be controlled under new ECCNs 6B619, 6D619 and 6E619, as proposed by this rule. This rule is one in a series of proposed rules describing how various types of articles that the President determines no longer warrant control on the USML, as part of the Administration’s Export Control Reform Initiative, would be controlled on the CCL in accordance with the requirements of the Export Administration Regulations (EAR). This proposed rule is being published by the Bureau of Industry and Security (BIS) in conjunction with a proposed rule from the Department of State, Directorate of Defense Trade Controls, which would amend the list of articles controlled by USML Categories XIV and XVIII. The citations in this BIS proposed rule to USML Categories XIV and XVIII reflect the proposed amendments contained in the Department of State’s rule. The revisions proposed by BIS in this rule are part of Commerce’s retrospective regulatory review plan under Executive Order 13563 completed in August 2011. Comments must be received by August 17, 2015. (To submit comments, visit http://www.regulations.gov, reference docket number BIS–2015–0023. Commenting page was not available at the time of this posting.)

TEMPORARY RULE: NMFS implements accountability measures (AMs) for the commercial sector for the lesser amberjack, almaco jack, and  banded rudderfish complex in the South Atlantic for the 2015 fishing year through this temporary rule. Commercial landings for the lesser amberjack, almaco jack, and banded rudderfish complex, as estimated by the Science and Research Director, are projected to reach their combined commercial annual catch limit (ACL) on June 23, 2015. Therefore, NMFS closes the commercial sector for this complex on June 23, 2015, through the remainder of the fishing year in the exclusive economic zone (EEZ) of the South Atlantic. This closure is necessary to protect the lesser  amberjack, almaco jack, and banded rudderfish resources. This rule is effective 12:01 a.m., local time, June 23, 2015, until 12:01 a.m., local time, January 1, 2016.

PROPOSED RULE: The Office of Personnel Management is issuing proposed regulations to implement section 2 of the Border Patrol Agent Pay Reform Act of 2014, as amended, which established a new method of compensating Border Patrol agents for overtime work. Payments under this new provision will become payable beginning with the first pay period beginning in January 2016. These regulations affect only Border Patrol agents in the U.S. Customs and Border Protection component of the Department of Homeland Security. Comments must be received on or before July 17, 2015. (To submit comments, visit http://www.regulations.gov, reference RIN 3206–AN19. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Department of Veterans Affairs (VA) proposes to reorganize, update (based on revisions to statutory authority), and clarify its regulations that govern paying per diem to State homes providing nursing home and adult day health care to eligible veterans. The reorganization will improve consistency and clarity throughout these State home programs. We propose to revise the regulations applicable to adult day health care programs of care so that States may establish diverse programs that better meet participants’ needs for socialization and maximize their independence. Currently, we require States to operate these programs exclusively using a medical supervision model. We expect that these liberalizing changes would result in an increase in the number of States that have adult day health care programs. We also propose to establish new regulations governing the payment of per diem to State homes providing domiciliary care to eligible veterans, because the current regulations are inadequate. Moreover, we propose to eliminate the regulations governing per diem for State home hospitals because there are no longer any State home hospitals. In general, this rulemaking is consistent with current regulations and policies, and we do not expect that these proposed rules would have a negative impact on State homes; rather, we believe that these proposed regulations would clarify current law and policy, which should improve and simplify the payment of per diem to State homes, and encourage participation in these programs. Comments must be received on or before August 17, 2015. (To submit comments, visit http://www.regulations.gov, reference RIN 2900–AO88. Commenting page was not available at the time of this posting.)

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