August 1, 2014 – Federal Register Recent Federal Regulation Documents
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Final Flood Elevation Determinations
Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Special Local Regulation; Annual Events on the Maumee River, Toledo, OH
The Coast Guard is amending its safety of life on navigable waters regulations by adding two Special Local Regulations within the Captain of the Port Detroit Zone on the Maumee River, Toledo, Ohio. These special local regulated areas are necessary to protect spectators, participants, and vessels from the hazards associated with these races. These regulations are intended to regulate vessel movement in portions of the Maumee River during the annual Dragon Boat Races and Frogtown Races.
Special Local Regulation; Seattle Seafair Unlimited Hydroplane Race, Lake Washington, WA
The Coast Guard will enforce the Seattle Seafair Unlimited Hydroplane Race Special Local Regulation on Lake Washington, WA from 8:00 a.m. on August 1, 2014 through 11:59 p.m. on August 3, 2014 during hydroplane race times. This action is necessary to ensure public safety from the inherent dangers associated with high-speed races while allowing access for rescue personnel in the event of an emergency. During the enforcement period, no person or vessel will be allowed to enter the regulated area without the permission of the Captain of the Port, on-scene Patrol Commander or Designated Representative.
Safety Zone; Gay Games 9 Triathlon, North Coast Harbor, Cleveland, OH
The Coast Guard is establishing a temporary safety zone on the waters of North Coast Harbor, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of North Coast Harbor during the Gay Games 9 Triathlon. This temporary safety zone is necessary to protect participants, spectators, and vessels from the navigational hazards associated with a large swimming event.
Drawbridge Operation Regulation; Raccoon Creek, Bridgeport, NJ
The Coast Guard is modifying the operating schedule that governs the U.S. Route 130 lift bridge over Raccoon Creek at mile marker 1.8 in Bridgeport, NJ. The new rule will change the time of year that the bridge opens on signal. For the months that no longer open on signal, the bridge will open with four hours advanced notice.
Drawbridge Operation Regulation; Mantua Creek, Paulsboro, NJ
The Coast Guard is changing the operating schedule that governs the New Jersey State Route 44 lift bridge over Mantua Creek at mile marker 1.7, near Paulsboro, NJ. The new rule will change the time of year that the bridge opens on signal. For the months that no longer open on signal, the bridge will open with four hours advanced notice.
Drawbridge Operation Regulation; Darby Creek, Essington, PA
The Coast Guard proposes to change the operating regulation that governs the Conrail railroad bridge over Darby Creek in Essington, PA. The bridge owner, Conrail, is modifying the existing remote operating system which controls the bridge operations. Cameras will be installed and the remote operating site will move from its current location in Delair, NJ to Mt. Laurel, NJ. Train crews will no longer be required to stop and check the waterway for approaching vessel traffic prior to initiating a bridge closure, and mariners requesting an opening for the bridge will have to contact the new remote location.
Establishment of the Manton Valley Viticultural Area
The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the 11,178-acre ``Manton Valley'' viticultural area in Shasta and Tehama Counties in northern California. The viticultural area does not lie within or contain any other 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.
Final Flood Elevation Determinations
Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Final Flood Elevation Determinations
Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County's Adoption of Control Techniques Guidelines for Offset Lithographic Printing and Letterpress Printing; Flexible Package Printing; and Industrial Solvent Cleaning Operations for Control of Volatile Organic Compound Emissions
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Pennsylvania State Implementation Plan (SIP) submitted by the Commonwealth of Pennsylvania. This SIP revision includes amendments to the Allegheny County Health Department (ACHD) Rules and Regulations, Article XXI, Air Pollution Control, and meets the requirement to adopt Reasonably Available Control Technology (RACT) for sources covered by EPA's Control Techniques Guidelines (CTG) standards for the following categories: Offset lithographic printing and letterpress printing, flexible package printing, and industrial solvent cleaning operations. EPA is proposing to approve the revision to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).
Petition To Designate Sakhalin Bay-Amur River Beluga Whales Stock as Depleted Under the Marine Mammal Protection Act; Finding
NMFS received a petition to ``designate the Sakhalin Bay-Amur River stock of beluga whales (Delphinapterus leucas) as a depleted stock under the Marine Mammal Protection Act (MMPA).'' NMFS finds that the petition presents substantial information indicating that the petitioned action may be warranted and will initiate a status review promptly. NMFS solicits information from the public that may contribute to the status review.
Revised Service Standards for Market-Dominant Mail Products; Designation of Implementation Date
This document identifies the implementation date for the revised service standards for market-dominant mail products associated with the second phase of the Network Rationalization initiative, and makes conforming changes to the applicable regulations.
Special Conditions: Airbus Model A350-900 Series Airplane; Electronic Flight-Control System (EFCS) To Limit Pitch and Roll
These special conditions are issued for the Airbus Model A350- 900 airplane. This airplane will have a novel or unusual design feature associated with the electronic flight-control system (EFCS) that limits pitch- and roll-attitude functions. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These 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.
Special Conditions: Airbus Model A350-900 Airplane; Control-Surface Awareness and Mode Annunciation
These special conditions are issued for Airbus Model A350-900 airplanes. These airplanes have a novel or unusual design feature associated with control-surface awareness and mode annunciation provided by the electronic flight-control system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These 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.
Medicare, Medicaid, and Children's Health Insurance Programs: Announcement of the Extended Temporary Moratoria on Enrollment of Ambulance Suppliers and Home Health Agencies in Designated Geographic Locations
This document announces the extension of temporary moratoria on the enrollment of new ambulance suppliers and home health agencies (HHAs) in specific locations within designated metropolitan areas in Florida, Illinois, Michigan, Texas, Pennsylvania, and New Jersey to prevent and combat fraud, waste, and abuse.
Airworthiness Directives; Pacific Aerospace Limited Airplanes
We propose to adopt a new airworthiness directive (AD) for all Pacific Aerospace Limited Model 750XL airplanes that would supersede AD 2014-04-03. This proposed AD results 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 broken control column attachment bolts failing in service. We are issuing this proposed AD to require actions to address the unsafe condition on these products.
Endangered and Threatened Wildlife and Plants; Endangered Status for Physaria globosa (Short's Bladderpod), Helianthus verticillatus (Whorled sunflower), and Leavenworthia crassa (Fleshy-Fruit Gladecress)
We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for Physaria globosa (Short's bladderpod), Helianthus verticillatus (whorled sunflower), and Leavenworthia crassa (fleshy-fruit gladecress). Short's bladderpod occurs in Indiana, Kentucky, and Tennessee. Whorled sunflower occurs in Alabama, Georgia, and Tennessee. Fleshy-fruit gladecress occurs only in Alabama. The effect of this regulation will be to add these species to the List of Endangered and Threatened Plants.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Notice of a Control Date for the Purpose of Limiting Entry to the Summer Flounder Fishery; Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan
At the request of the Mid-Atlantic Fishery Management Council, this notice announces a control date that may be used to limit the number of participants in the commercial summer flounder fishery. The control date is intended to help the Council to identify latent effort in the summer flounder fishery. NMFS intends this notice to promote awareness of possible rulemaking, alert interested parties of potential eligibility criteria for future access, and discourage speculative entry into and/or investment in the summer flounder fishery while the Mid-Atlantic Fishery Management Council and NMFS consider if and how participation in the summer flounder fishery should be controlled. We are soliciting comments on this action.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Regulatory Amendment 21
NMFS proposes to implement management measures described in Regulatory Amendment 21 to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic Region (FMP) (Regulatory Amendment 21), as prepared and submitted by the South Atlantic Fishery Management Council (Council). If implemented, Regulatory Amendment 21 would modify the definition of the overfished threshold for red snapper, blueline tilefish, gag, black grouper, yellowtail snapper, vermilion snapper, red porgy, and greater amberjack. The purpose of Regulatory Amendment 21 is to prevent snapper-grouper stocks with low natural mortality rates from frequently alternating between overfished and rebuilt conditions due to natural variation in recruitment and other environmental factors.
Proposed Flood Elevation Determinations
On May 25, 2010, the Federal Emergency Management Agency (FEMA) published in the Federal Register a proposed rule that included modified Base (1% annual-chance) Flood Elevations (BFEs) for the locations along Black Bayou Lake, Canal L-11, East Branch Oliver Road Canal, Oliver Road Canal, and West Prong Youngs Bayou in Ouachita Parish, Louisiana. FEMA is no longer proposing these flood elevation determination changes along Black Bayou Lake, Canal L-11, East Branch Oliver Road Canal, Oliver Road Canal, and West Prong Youngs Bayou as identified in the above-referenced rulemaking publication.
Amendment of Class D and Class E Airspace; Hartford, CT
This action amends Class D and Class E Airspace at Hartford, CT, by updating the geographic coordinates of Hartford-Brainard Airport. This action does not change the boundaries or operating requirements of the airspace.
Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities
This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.
Guidelines for Designating Biobased Products for Federal Procurement
The U.S. Department of Agriculture (USDA) is amending its regulations concerning Guidelines for Designating Biobased Products for Federal Procurement to incorporate statutory changes to section 9002 of the Farm Security and Rural Investment Act (FSRIA) that were effected when the Food, Conservation, and Energy Act of 2008 (FCEA) was signed into law on June 18, 2008. USDA is also announcing that an additional rulemaking activity will be initiated to further amend the Guidelines to address the provisions of the recently signed Agricultural Act of 2014.
Common Crop Insurance Regulations; Macadamia Tree Crop Insurance Provisions and Macadamia Nut Crop Insurance Provisions
The Federal Crop Insurance Corporation (FCIC) proposes to amend the Common Crop Insurance Regulations, Macadamia Tree Crop Insurance Provisions and the Macadamia Nut Crop Insurance Provisions to remove the provision requiring an optional unit to contain at least 80 acres. The intended effect of this action is to provide policy changes and to better meet the needs of the producers. The changes will apply for the 2016 and succeeding crop years for macadamia trees and the 2017 and succeeding crop years for macadamia nuts.
Airworthiness Directives; The Boeing Company Airplanes
We are superseding Airworthiness Directive (AD) 2003-18-10 for certain The Boeing Company Model 767 airplanes. AD 2003-18-10 required revising the Airworthiness Limitations Section of the maintenance planning data (MPD) document. This new AD also requires revising the maintenance program to incorporate an additional limitation, which terminates the existing requirements; and adds airplanes to the applicability. This AD was prompted by a re-evaluation of certain doors and flaps based on their fatigue-critical nature. We are issuing this AD to detect and correct fatigue cracking of the principal structural elements (PSEs), which could adversely affect the structural integrity of the airplane.
Changes to Existing Conservation Program Regulations
The Agricultural Act of 2014 (the 2014 Act) made several, nondiscretionary changes to the Natural Resources Conservation Service (NRCS) conservation programs. These conservation programs have existing regulations that require adjustments, including addressing the required review of operating procedures of the State Technical Committee, adding reference of the Regional Conservation Partnership Program (RCPP) to the Watershed Protection and Flood Prevention Act program regulations, adding reference of the RCPP to, and expanding the definition of, ``acreage owned by Indian Tribes'' under the Healthy Forests Reserve Program (HFRP), revising and simplifying the Regional Equity provision, and adjusting the Agricultural Management Assistance (AMA) program to correspond with changes to payment provisions under the Environmental Quality Incentives Program (EQIP). Additionally, the Secretary of Agriculture has delegated to NRCS administrative responsibility for implementation of the Voluntary Public Access and Habitat Incentive Program (VPA-HIP) and internal NRCS administrative changes warrant updating the appropriate delegated official in the technical service provider (TSP) provision. This interim rule, with request for comments, implements changes to these NRCS conservation program regulations that are either necessitated by enactment of the 2014 Act or are required to implement administrative streamlining improvements and clarifications.
Addition of Certain Persons to the Entity List
This rule amends the Export Administration Regulations (EAR) by adding sixteen persons under nineteen entries to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the destinations of Afghanistan, China, Hong Kong, Iran, and the United Arab Emirates (U.A.E.). There are nineteen entries for sixteen persons because three persons are listed under multiple destinations, resulting in three additional entries: one person in the U.A.E. has an address in Iran and two persons in China each have one address in Hong Kong.
Airworthiness Directives; Beechcraft Corporation Airplanes
We are adopting a new airworthiness directive (AD) for certain Beechcraft Corporation (Type Certificate Previously Held by Hawker Beechcraft Corporation; Raytheon Aircraft Company; Mitsubishi Heavy Industries, Inc. Ltd.) Model MU-300 airplanes, and Beechcraft Corporation (Type Certificate Previously Held by Hawker Beechcraft Corporation; Raytheon Aircraft Company; Beech Aircraft Corporation) Model 400, 400A, and 400T airplanes. This AD was prompted by multiple reports of fatigue cracking in the horizontal stabilizer ribs. This AD requires repetitive inspections of the horizontal stabilizer rib assemblies for cracking, and replacement if necessary. We are issuing this AD to detect and correct such cracking, which could result in the failure of the horizontal stabilizer and loss of pitch control of the airplane.
Nondiscrimination on the Basis of Disability by Public Accommodations-Movie Theaters; Movie Captioning and Audio Description
The Department of Justice (Department) is issuing this notice of proposed rulemaking (NPRM) in order to propose amendments to its regulation for title III of the Americans with Disabilities Act (ADA), which covers public accommodations and commercial facilities, including movie theaters. The Department is proposing to explicitly require movie theaters to exhibit movies with closed captioning and audio description at all times and for all showings whenever movies are produced, distributed, or otherwise made available with captioning and audio description unless to do so would result in an undue burden or fundamental alteration. The Department is also proposing to require movie theaters to have a certain number of individual closed captioning and audio description devices unless to do so would result in an undue burden or fundamental alteration. The Department is proposing a six- month compliance date for movie theaters' digital movie screens and is seeking public comment on whether it should adopt a four-year compliance date for movie theaters' analog movie screens or should defer rulemaking on analog screens until a later date.
Airworthiness Directives; Airbus Airplanes
We are adopting a new airworthiness directive (AD) for certain Airbus Model A319-111, -112, -115, -132, and -133 airplanes; Model A320-214, -232, and -233 airplanes; and Model A321-211, -231, and -232 airplanes. This AD requires a detailed inspection for missing fasteners on the frame between certain stringers; for certain airplanes, a rototest inspection of the fastener holes for cracking; and corrective actions if necessary. This AD was prompted by a report that when the cabin lining was removed during a cabin conversion it was discovered that fasteners were missing on the frame. We are issuing this AD to detect and correct missing fasteners which, if not corrected, could affect the structural integrity of the airframe and could result in rapid decompression.
Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains
The Pipeline and Hazardous Materials Safety Administration (PHMSA or we), in coordination with the Federal Railroad Administration (FRA), is proposing: new operational requirements for certain trains transporting a large volume of Class 3 flammable liquids; improvements in tank car standards; and revision of the general requirements for offerors to ensure proper classification and characterization of mined gases and liquids. These proposed requirements are designed to lessen the frequency and consequences of train accidents/incidents (train accidents) involving certain trains transporting a large volume of flammable liquids. The growing reliance on trains to transport large volumes of flammable liquids poses a significant risk to life, property, and the environment. These significant risks have been highlighted by the recent instances of trains carrying crude oil that derailed in Casselton, North Dakota; Aliceville, Alabama; and Lac- M[eacute]gantic, Quebec, Canada. The proposed changes also address National Transportation Safety Board (NTSB) safety recommendations on the accurate classification and characterization of such commodities, enhanced tank car construction, and rail routing.
Hazardous Materials: Oil Spill Response Plans for High-Hazard Flammable Trains
PMHSA is issuing this ANPRM in conjunction with a notice of proposed rulemaking (NPRM)Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains (2137-AE91), which PHMSA is also publishing today. In this ANPRM, PHMSA, in consultation with the Federal Railroad Administration (FRA), seeks comment on potential revisions to its regulations that would expand the applicability of comprehensive oil spill response plans (OSRPs) to high-hazard flammable trains (HHFTs) based on thresholds of crude oil that apply to an entire train consist.
Airworthiness Directives; Airbus Airplanes
We are adopting 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 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 AD requires 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 issuing 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.
Airworthiness Directives; Bombardier, Inc. Airplanes
We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL- 600-2E25 (Regional Jet Series 1000) airplanes. This AD was prompted by two in-service reports of fracture of the rudder pedal tubes installed on the pilot-side rudder bar assembly. This AD requires repetitive inspections for cracking and damage of the pilot-side rudder pedal tubes, and corrective action if necessary. This AD also provides optional terminating action for the repetitive inspections. We are issuing this AD to detect and correct cracked and damaged pilot-side rudder pedal tubes, which could result in loss of function of the pilot's rudder pedal during flight, takeoff, or landing, and could result in reduced controllability of the airplane.
Airworthiness Directives; Beechcraft Corporation (Type Certificate Previously Held by Hawker Beechcraft Corporation; Raytheon Aircraft Company) Airplanes
We are adopting a new airworthiness directive (AD) for certain Beechcraft Corporation (Type Certificate Previously Held by Hawker Beechcraft Corporation; Raytheon Aircraft Company) Model Hawker 800XP, 850XP, and 900XP airplanes. This AD was prompted by a design review that revealed there were no instructions to apply sealant to structural components in the fuel tank during the winglet installation process. This AD requires an inspection for the presence of sealant on doubler plate edges, doubler plate rivets, and adjacent skin in the fuel vent surge tanks; and corrective actions if necessary. We are issuing this AD to detect and correct missing sealant, which, during a lightning strike, could result in a potential source of ignition in a fuel tank and consequent explosion or fire and subsequent in-flight breakup of the airplane.
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