July 2014 – Federal Register Recent Federal Regulation Documents

We are adopting a new airworthiness directive (AD) for certain EADS CASA (Type Certificate Previously Held by Construcciones Aeronauticas, S.A.) Model CN-235-300 airplanes. This AD was prompted by reports of reduced thickness of the center fuselage lower skin panel. This AD requires a detailed inspection to determine the presence of panel thickness reduction; and repetitive nondestructive testing (NDT) inspections and repair if necessary. We are issuing this AD to detect and correct reduced thickness of lower panel joints, which could result in reduced fatigue and damage tolerant characteristics of the lower panel joint to the adjacent side panels and failure of the center fuselage lower skin panel, resulting in loss of control of the airplane.

We are adopting a new airworthiness directive (AD) for all Airbus Model A300 series airplanes; Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes); and Model A310 series airplanes. This AD was prompted by reports of failures of the right inner tank fuel pump. This AD requires repetitive functional tests of the circuit breakers for the fuel pump power supply, and replacement of certain circuit breakers. We are issuing this AD to detect and correct failure of the circuit breakers for the fuel pump power supply, which could result in a fuel pump overheating, leading to a fuel tank explosion.

We are adopting a new airworthiness directive (AD) for AHD Model EC135P1, P2, P2+, T1, T2, and T2+ helicopters. This AD requires repetitive visual inspections of the ring frame X9227 for a crack and, if there is a crack, replacing the ring frame before further flight. This AD is prompted by a fatigue crack in the ring frame. These actions are intended to detect a crack in the ring frame and prevent loss of the tail rotor and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This AD was prompted by a report of installation of incorrect wire support clamps within the bay area of the left and right environmental control systems (ECS) during production; the ECS bay area is a flammable fluid leakage zone. Use of incorrect wire support clamps that are not fully cushioned could allow electrical power wiring to come in contact with the exposed metal of the improper clamp, causing a short circuit and subsequent electrical arcing. This AD requires inspecting to identify the part number of the wire support clamp, and related investigative and corrective actions if necessary. We are issuing this AD to prevent electrical arcing and a potential ignition source, which, in combination with flammable fuel vapors, could result in a fuel tank explosion, and consequent loss of the airplane.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-300, -400, -500, -600, -700, -700C, -800, -900, and -900ER series airplanes. This AD was prompted by a review of the tail strobe light installation, which revealed that the tail strobe light is not electrically bonded to primary structure of the airplane. This AD requires installing a new tail strobe light housing and a new disconnect bracket, and changing the wire bundles. This AD also requires, for certain airplanes, an inspection to determine if sealant is applied, and corrective actions if necessary. We are issuing this AD to prevent, in case of a direct lightning strike to the tail strobe light, damage to the operation of other critical airplane systems due to electromagnetic coupling and large transient voltages, and damage to the control mechanisms or surfaces due to a fire, which could result in loss of control of the airplane.

The Assistant Deputy Secretary for Innovation and Improvement announces final priorities, requirements, and definitions under the CSP Grants for National Leadership Activities. The Assistant Deputy Secretary may use one or more of these priorities, requirements, and definitions for competitions in fiscal year (FY) 2015 and later years.

NMFS withdraws a proposed rule that would have established new regulations pertaining to compliance with the National Environmental Policy Act (NEPA) in the context of fishery management actions developed pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (MSA). Instead of going forward with a final rule directly resulting from the 2008 proposed rule, NMFS issued an internal policy on February 19, 2013. This policy, entitled ``National Environmental Policy Act Compliance for Council-Initiated Fishery Management Actions under the Magnuson-Stevens Act'' clarifies roles and responsibilities of NMFS and the Regional Fishery Management Councils (Councils), explains timing and procedural linkages, provides guidance on documentation needs, and fosters partnerships and cooperation between NMFS and Councils on NEPA compliance. NMFS consulted with the Councils and with the Council on Environmental Quality (CEQ) on proposed revisions to the 2013 NMFS NEPA policy directive, and based on those consultations NMFS now proposes to use this policy as a basis for issuing revised and updated NEPA procedures for MSA actions in the form of a line-office supplement to NOAA Administrative Order (NAO) 216-6. On June 30, 2014, NMFS published a Federal Register notice of availability of the draft revised and updated NEPA procedures for MSA actions and requested public comments, with a 90-day public comment period.

The Coast Guard is establishing a temporary safety zone on the Fox River in Green Bay, WI. This safety zone is intended to restrict vessels from a portion of the Fox River due to a water ski show. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the water ski show.

The Federal Trade Commission (``Commission'') requests public comment on the overall costs and benefits, and regulatory and economic impact, of its Rules and Regulations Under the Hobby Protection Act (``Rules''), as part of the agency's regular review of all its regulations and guides.

The Coast Guard is establishing a temporary safety zone on the Monongahela River mile 0.0 to mile 0.22. This safety zone is needed to protect vessels transiting the area and event spectators from the hazards associated with a barge-based fireworks display. Entry into this zone is prohibited unless specifically authorized by the Captain of the Port Pittsburgh or a designated representative.

The Coast Guard has issued a temporary deviation from the regulation governing the operation of the SR 175 Bridge across Lewis Channel and Black Narrows, mile 3.5, at Chincoteague, VA. This deviation will be a test to change the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This deviation will require the bridge to open on demand at all times.

The Environmental Protection Agency (EPA) is conditionally approving revisions to the Texas New Source Review (NSR) State Implementation Plan (SIP) to establish the Texas Minor NSR Flexible Permits Program, submitted by the Texas Commission on Environmental Quality (TCEQ). The conditional approval is predicated on a commitment from TCEQ in a letter dated December 9, 2013, to adopt certain minor clarifications to the Flexible Permit Program by November 30, 2014. The EPA is finalizing this action under section 110 of the Clean Air Act (CAA).

The Coast Guard has issued a temporary deviation from the operating schedule that governs the operation of the Pulaski Bridge across Newtown Creek, mile 0.6, at New York City, New York. The deviation is necessary to accommodate additional commuter bus traffic passing over the Pulaski Bridge as a result of the closure of the Newtown MTA G-Line Tunnel for repairs. This deviation allows the Pulaski Bridge to remain in the closed position intermittently for thirty-four days.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Maryland pursuant to the Clean Air Act (CAA). Whenever new or revised National Ambient Air Quality Standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. The State of Maryland has made a submittal addressing the infrastructure requirements for the 2010 nitrogen dioxide (NO2) NAAQS.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Placer County Air Pollution Control District (PCAPCD) and South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from the manufacture of medium density fiberboard, melamine and phenol resins used in plasticizing paper and oxides of nitrogen (NOX) emissions from stationary internal combustion engines. We are proposing to rescind local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Placer County Air Pollution Control District (PCAPCD) and South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). Under the Clean Air Act (CAA or the Act), we are rescinding local rules that concern volatile organic compound (VOC) emissions from the manufacture of medium density fiberboard, melamine and phenol resins used in plasticizing paper and oxides of nitrogen (NOX) emissions from stationary internal combustion engines.

The Environmental Protection Agency (EPA) is approving a request submitted by the Illinois Environmental Protection Agency on January 8, 2014, to revise the Illinois State Implementation Plan (SIP) for volatile organic matter (VOM). The approval revises the Illinois SIP by substituting a new party as the holder of the adjusted standard for VOM granted to Royal Fiberglass Pools, Inc. (Royal), for the facility located in Dix, Illinois. EPA approved the adjusted standard for Royal on June 27, 2011. Due to a change in ownership, the facility is now owned by Latham Pool Products, Inc., d/b/a Viking Pools. The revision amends the adjusted standard for VOM currently approved in the SIP for the facility to reflect the change in ownership. This revision does not change any of the VOM control requirements and will not result in an increase in VOM emissions at the facility.

This proposed rule would revise the Medicare hospital outpatient prospective payment system (OPPS) and the Medicare ambulatory surgical center (ASC) payment system for CY 2015 to implement applicable statutory requirements and changes arising from our continuing experience with these systems. In this proposed rule, we describe the proposed changes to the amounts and factors used to determine the payment rates for Medicare services paid under the OPPS and those paid under the ASC payment system. In addition, this proposed rule would update and refine the requirements for the Hospital Outpatient Quality Reporting (OQR) Program and the ASC Quality Reporting (ASCQR) Program. In this document, we also are proposing changes to the data sources used for expansion requests for physician owned hospitals under the physician self-referral regulations; changes to the underlying authority for the requirement of an admission order for all hospital inpatient admissions and changes to require physician certification for hospital inpatient admissions only for long-stay cases and outlier cases; and changes to establish a three-level appeals process for Medicare Advantage (MA) organizations and Part D sponsors that would be applicable to CMS-identified overpayments associated with data submitted by these organizations and sponsors.

This rule amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The Department of State (hereinafter, ``State'' or ``the Department'') is publishing a correction to a final rule that amended State's debt collection regulations.

This rule amends the Executive Office for Immigration Review (EOIR) regulations relating to the organization of the Office of the Chief Immigration Judge (OCIJ) to allow the Director of EOIR to designate or select, with the approval of the Attorney General, temporary immigration judges.

EPA is proposing to amend the regulations that pertain to the labeling of pesticide products and devices that are intended solely for export. These amendments clarify that pesticide products and devices that are intended solely for export must meet the Agency's labeling requirements by attaching a label to the immediate product container or by providing collateral labeling that is either attached to the immediate product being exported or that accompanies the shipping container of the product being exported at all times when it is shipped or held for shipment in the United States. Collateral labeling will ensure the availability of the required labeling information, while allowing pesticide products and devices that are intended solely for export to be labeled for use in and consistent with the applicable requirements of the importing country.

We, the National Marine Fisheries Service (NMFS), designate and authorize the release of a nonessential experimental population of Upper Columbia River (UCR) spring-run Chinook salmon (Oncorhynchus tshawytscha) under section 10(j) of the Endangered Species Act (ESA) in the Okanogan River subbasin, and establish a limited set of take prohibitions for the nonessential experimental population under section 4(d) of the ESA. Successful reintroduction of a population within the species' historic range would contribute to its viability and further its conservation. The issuance of limited protective regulations will provide for the conservation of the species while providing assurances to people in the Okanogan River subbasin. The geographic boundary for the NEP is the main stem and all tributaries of the Okanogan River between the Canada-United States border and to the confluence of the Okanogan River with the Columbia River, Washington (hereafter ``Okanogan River NEP Area''). We have prepared a Final Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) on the proposed action under the National Environmental Policy Act (NEPA) (see ADDRESSES: section below).

We are superseding emergency airworthiness directive (AD) 2014-12-52 for all Honeywell International Inc. TFE731-4, -4R, -5AR, - 5BR, -5R, -20R, -20AR, -20BR, -40, -40AR, -40R, -40BR, -50R, and -60 turbofan engines. Emergency AD 2014-12-52 was sent previously to all known U.S. owners and operators of these engines. AD 2014-12-52 required, before further flight, a review of the engine logbook maintenance records to determine if any affected engines are installed. AD 2014-12-52 also prohibited operation of an airplane with two or more affected engines that have 2nd stage low-pressure turbine (LPT2) blades with less than 250 operating hours since new. This AD retains the requirements of AD 2014-12-52 and clarifies the intent of the mandatory requirements. This AD was prompted by reports of LPT2 blade separations. We are issuing this AD to prevent LPT2 blade failure, multiple engine in-flight shutdowns, and damage to the airplane.

We are adopting a new airworthiness directive (AD) for certain Pratt & Whitney Canada Corp. (P&WC) PW120, PW121, PW121A, PW124B, PW127, PW127E, PW127F, PW127G, and PW127M turboprop engines. This AD requires removal of the O-ring seal from the fuel manifold fitting. This AD was prompted by reports of fuel leaks at the interface between the fuel manifold and the fuel nozzle that resulted in engine fire. We are issuing this AD to prevent in-flight fuel leakage, which could lead to engine fire, damage to the engine, and damage to the airplane.