April 14, 2014 – Federal Register Recent Federal Regulation Documents

The Coast Guard finalizes regulations previously published as an interim rule on July 9, 2013. In this final rule, the Coast Guard removes the wave height and surface current provisions and regulated boating areas for bar crossing locations along the coasts of Oregon and Washington because they conflict with more recently promulgated wave height provisions and regulated boating areas for the same bar crossings. This amendment is necessary in order to remove confusion as to which safety requirements apply to recreational vessels, uninspected passenger vessels, small passenger vessels, and commercial fishing vessels when operating within the regulated navigation areas.

The Coast Guard is considering expanding its maritime safety training requirements to cover all persons other than crew working on offshore supply vessels (OSVs) and mobile offshore units (MOUs) engaged in activities on the U.S. Outer Continental Shelf (OCS), regardless of flag. This is necessary to enhance personnel preparedness for responding to emergencies such as fire, personal injury, and abandon ship situations in hazardous environments. We seek comments on the following topics: the sufficiency of existing maritime safety training and the value of additional maritime safety training for maritime crew and persons other than crew on OSVs and MOUs; an MOU's safety organizational structure (defining levels of authority and lines of communication); the professional education and service requirements for industrial officers on MOUs; the sufficiency of manning regulations on MOUs and OSVs; and any available economic data on current labor market trends and conditions as well as the current costs, benefits, and effectiveness of mandated maritime safety training courses and programs for maritime crew and persons other than crew.

EPA is withdrawing significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for four chemical substances which were the subject of premanufacture notices (PMNs). EPA published these SNURs using direct final rulemaking procedures. EPA received notices of intent to submit adverse comments on these rules. Therefore, the Agency is withdrawing these SNURs, as required under the expedited SNUR rulemaking process. EPA intends to publish in the near future proposed SNURs for these four chemical substances under separate notice and comment procedures.

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A330-200 Freighter, A330-200 and -300, and A340-200, -300, -500, and -600 series airplanes. This proposed AD was prompted by reassessment of an unsafe condition related to MZ-type spoiler servo- controls (SSCs) that did not remain locked in the retracted position (hydraulic locking function) after manual depressurization of the corresponding hydraulic circuit. This reassessment resulted in the determination that performing repetitive operational tests of all SSC types is necessary. This proposed AD would require repetitive operational tests of the hydraulic locking function on each SSC installed on the blue or yellow hydraulic circuits, and replacing any affected SSC with a serviceable SSC. We are proposing this AD to detect and correct loss of the hydraulic locking function during take-off, which, in combination with one inoperative engine, could result in reduced controllability of the airplane.

We propose to adopt a new airworthiness directive (AD) for Diamond Aircraft Industries GmbH Models DA40 and DA40F airplanes that would supersede AD 2013-24-14, which resulted from mandatory continuing airworthiness information (MCAI) originated 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 the fatigue strength found in the aft main spar not ensuring unlimited lifetime structural integrity. We are issuing this proposed AD to require actions to address the unsafe condition on these products and to change the compliance time to coincide with other regulatory requirements.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A300-600 series airplanes. This proposed AD was prompted by reports of cracking found in the pylon box, which was due to the stresses resulting from the pressure applied by the engines' thrust reverser cowl bumpers. This proposed AD would require repetitive high frequency eddy current (HFEC) inspections for cracking, and replacement of all fittings if necessary. Replacement of all fittings would terminate the repetitive HFEC inspections. We are proposing this AD to detect and correct cracks of the pylon rib 5, which could result in reduced structural integrity of the airplane.

We propose to supersede Airworthiness Directive (AD) 2008-17- 03, which applies to certain The Boeing Company Model 737-100, -200, - 200C, -300, -400, and -500 series airplanes. AD 2008-17-03 currently requires repetitive inspections to detect fuselage frame cracking, and corrective action if necessary. AD 2008-17-03 also provides for optional terminating action (repair/preventive change) for the repetitive inspections. Since we issued AD 2008-17-03, we have determined that additional airplanes may be subject to the identified unsafe condition. This proposed AD would add airplanes to the applicability. For the newly added airplanes, however, this proposed AD would not provide terminating action for the repetitive inspections because service information has not been provided for a repair/ preventive change. We are proposing this AD to detect and correct fuselage frame cracking, which could prevent the left forward entry door from sealing correctly, and could cause in-flight decompression of the airplane.

This action proposes special conditions for the Embraer S.A. Model EMB-550 airplane. This airplane will have a novel or unusual design feature when compared to the state of technology and design envisioned in the airworthiness standards for transport category airplanes. This design feature is the installation of a stowage compartment in the lavatory to store passenger belongings. The isolation of this stowage compartment from the main cabin could hinder the ability of the flight crew to detect a fire. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The Federal Deposit Insurance Corporation (FDIC) is adopting as final an interim final rule that revised the risk-based and leverage capital requirements for FDIC-supervised institutions, with no substantive changes. This final rule is substantively identical to a joint final rule issued by the Office of the Comptroller of the Currency (OCC) and the Board of Governors of the Federal Reserve System (Federal Reserve) (together, with the FDIC, the agencies). The interim final rule became effective on January 1, 2014; however, the mandatory compliance date for FDIC-supervised institutions that are not subject to the advanced internal ratings-based approaches (advanced approaches) is January 1, 2015.

The Food and Drug Administration (FDA) is issuing a final order to reclassify stair-climbing wheelchairs, a class III device, into class II (special controls) based on new information and subject to premarket notification, and further clarify the identification.

The Coast Guard is establishing a permanent safety zone within the waters of the Raritan River upstream of the Perth Amboy Railroad Bridge. This safety zone is necessary to provide for the protection of the maritime public and safety of navigation during removal of underwater explosive hazards in the Raritan River. This action will protect the public from the dangers posed by underwater explosives by restricting unauthorized persons and vessels from traveling through or conducting underwater activities within a portion of the Raritan River while military munitions are rendered safe, detonated, and/or removed from the area. Entry into this zone (as well as a broad array of other actions) will be prohibited within the safety zone unless authorized by the Captain of the Port New York or the designated on-scene representative.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Smith Point Bridge across Narrow Bay, mile 6.1, between Smith Point and Fire Island, New York. The deviation is necessary to facilitate public safety during a public event, the Mastic Peninsula Multi-Sport Triathlon. This temporary deviation authorizes the Smith Point Bridge to remain in the closed position for two hours to facilitate public safety during a public event.

The Coast Guard is establishing a temporary safety zone for Pago Pago Harbor, American Samoa during the April 17, 2014 Fautasi Race. This action is necessary for the safeguard of participants and spectators, including all crews, vessels, and persons on the navigable waters during the Fautasi Races (canoe boat races) that will occur in Pago Pago Harbor. This safety zone will functionally close the port to vessel traffic during the race, but will not require the evacuation of any vessels from the harbor. Entry into, transiting or anchoring in this safety zone is prohibited to all vessels not registered with the sponsor as participants or not part of the race patrol, unless specifically authorized by the Captain of the Port Honolulu or a designated representative.

The Coast Guard proposes to amend the duration of the special local regulations for the Seattle Seafair Unlimited Hydroplane Race by extending the time frame that is currently listed. This proposed change is necessary in order to correctly reflect the time frame published by Seafair and to ensure the effectiveness of the regulation for the entirety of the event as outlined in the Seafair Notice to Boaters.

The Coast Guard is establishing a temporary safety zone on the navigable waters of Joshua Cove near Guilford, CT for the Bat Mitzvah Celebration fireworks display. This action is necessary to provide for the safety of life on navigable waters during the event. Entering into, transiting through, remaining, anchoring or mooring within this regulated area would be prohibited unless authorized by the Captain of the Port (COTP) Sector Long Island Sound.

The Coast Guard is extending the Regulated Navigation Area promulgated for the navigable waters of the Arthur Kill in New York and New Jersey. This rule extends the Regulated Navigation Area until June 1, 2014, due to project delays.

In this document, the Wireless Telecommunications Bureau seeks comment on a request for clarification or waiver of the Commission's ``attributable material relationship'' rule.

This rule implements specific requirements for the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP), Livestock Forage Disaster Program (LFP), Livestock Indemnity Program (LIP), Tree Assistance Program (TAP), and general provisions for Supplemental Agricultural Disaster Assistance Programs authorized by the Agricultural Act of 2014 (2014 Farm Bill). Although there were similar disaster programs under the 2008 Farm Bill, the authority for those programs has expired. The 2014 Farm Bill reauthorizes these programs and they are similar to the 2008 programs, however, there are distinct changes in payment limits, eligible losses, and eligible causes of loss from prior programs. Eligible ELAP, LFP, LIP, and TAP losses must have occurred on or after October 1, 2011 to be eligible for payment. This rule specifies how ELAP, LFP, LIP, and TAP payments are calculated, what losses are eligible, and when producers may apply for payments. Additionally, this final rule implements changes required by the 2014 Farm Bill by amending the regulations that specify maximum income limits (payment eligibility) and maximum benefit amounts (payment limits) for participants in programs funded by the Commodity Credit Corporation (CCC) and some FSA programs. The intended effect of the eligibility requirements is to ensure that program payments and benefits are issued only to those persons and legal entities that meet the income eligibility requirements as specified in the 2014 Farm Bill, and that program participants do not receive any program payments above the maximum allowable payment amount. The payment limits and average Adjusted Gross Income (AGI) limits in this final rule apply to 2014 and subsequent crop, program, or fiscal year benefits, and to benefits for programs that were authorized by the 2014 Farm Bill for retroactive 2012 or 2013 crop, program, or fiscal year benefits.

The Federal Aviation Administration (FAA) published in the Federal Register of March 4, 2014 a document adopting more stringent noise certification standards for helicopters that are certificated in the United States (U.S.). Inadvertently the incorrect amendment number was assigned. This document corrects the amendment number cited in the heading of the final rule.

The Environmental Protection Agency (EPA or the Agency) is proposing amendments to the Non-Hazardous Secondary Materials (NHSM) regulation under the Resource Conservation and Recovery Act (RCRA). The NHSM rule generally established standards and procedures for identifying whether non-hazardous secondary materials are solid wastes when used as fuels or ingredients in combustion units. In a February 7, 2013 rule, EPA listed particular non-hazardous secondary materials as ``categorical non-waste fuels'' provided certain conditions are met. EPA also indicated that it would consider adding additional non- hazardous secondary materials to the categorical listings. Today's action proposes to add three materials to the list of categorical non- waste fuels: Construction and demolition (C&D) wood processed from C&D debris according to best management practices; Paper recycling residuals, including old corrugated cardboard (OCC) rejects, generated from the recycling of recovered paper and paperboard products and burned on-site by paper recycling mills whose boilers are designed to burn solid fuel; and Creosote treated railroad ties that are processed and combusted in units designed to burn both biomass and fuel oil.