September 2014 – Federal Register Recent Federal Regulation Documents

The U.S. Fish and Wildlife Service (Service or we) is proposing migratory bird subsistence harvest regulations in Alaska for the 2015 season. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking proposes region- specific regulations that would go into effect on April 2, 2015, and expire on August 31, 2015.

This document adopts as a final rule the Department of Veterans Affairs' (VA) proposal to amend its regulations on adjudication of VA benefit claims, representation of claimants, and the Board of Veterans' Appeals rules of practice. Specifically, these amendments implement section 212 of the Veterans' Benefits Improvement Act of 2008, which allows an eligible survivor to substitute for a deceased claimant in the decedent's pending claim or appeal of a decision on a claim. This final rule addresses eligibility for substitution and the procedures applicable to requests to substitute in a claim that is pending before a VA agency of original jurisdiction or an appeal that is pending before the Board of Veterans' Appeals.

This regulation establishes an exemption from the requirement of a tolerance for residues of sulfuric acid (CAS Reg. No. 7664-93-9), when used as an inert ingredient, in antimicrobial formulations, on food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils. Exponent, Inc., on behalf of Ecolab, Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of sulfuric acid.

The Federal Aviation Administration (FAA) is announcing the availability of proposed Advisory Circular (AC) 120-66C. AC 120-66C provides guidance for establishing an air transportation Aviation Safety Action Program (ASAP).

NMFS announces the closure of the 2014 commercial fishing season for red snapper in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. Commercial landings for red snapper, as estimated by the Science and Research Director (SRD), are projected to reach the commercial annual catch limit (ACL) for red snapper by September 9, 2014. Therefore, NMFS closes the commercial sector for red snapper in the South Atlantic EEZ on September 9, 2014. This closure is necessary to protect the South Atlantic red snapper resource.

This regulation establishes tolerances for residues of flazasulfuron in or on tree nut group 14-12. ISK Biosciences Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

We are superseding Airworthiness Directive (AD) 2014-05-02 for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. AD 2014-05-02 required repetitive inspections for cracking and corrosion of the aft pressure bulkhead, repetitive inspections of the frame chord drain path for debris, and corrective actions if necessary; and, for certain airplanes, enlargement of frame chord drain holes. This AD requires the same actions as AD 2014-05-02, but revises a certain repetitive inspection interval to avoid a misunderstanding of the repetitive inspection interval for the aft pressure bulkhead. This AD was prompted by reports from operators expressing confusion regarding a certain repetitive inspection interval for the aft pressure bulkhead. We are issuing this AD to detect and correct corrosion or cracking of the aft pressure bulkhead, which could result in loss of the aft pressure bulkhead web and stiffeners, and consequent rapid decompression of the airplane.

This action establishes Class E airspace at the Flagstaff VHF Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME) navigation aid, Flagstaff, AZ, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Albuquerque Air Route Traffic Control Center (ARTCC). This improves the safety and management of IFR operations within the National Airspace System.

We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for Brickellia mosieri (Florida brickell-bush) and Linum carteri var. carteri (Carter's small-flowered flax), two plants from Miami-Dade County, Florida. The effect of this regulation will be to add these plants to the List of Endangered and Threatened Plants.

The Bureau of Industry and Security (BIS) is requesting public comments on the effectiveness of its licensing procedures as defined in the Export Administration Regulations for the export of agricultural commodities to Cuba. BIS will include a description of these comments in its biennial report to Congress, as required by the Trade Sanctions Reform and Export Enhancement Act of 2000, as amended.

NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2014 total allowable catch of Pacific cod allocated to catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the BSAI.

We propose to supersede Airworthiness Directive (AD) 2007-22- 10, for all Airbus Model A330-200, A330-300, A340-200, A340-300, A340- 500, and A340-600 series airplanes. AD 2007-22-10 currently requires repetitive inspections of the left-hand and right-hand wing main landing gear (MLG) rib 6 aft bearing lugs (forward and aft) to detect any cracking, and replacement if necessary. Since we issued AD 2007-22- 10, we have received reports of additional cracking of the MLG rib 6 aft bearing forward lug. This proposed AD would expand the applicability and reduce certain compliance times. We are proposing this AD to detect and correct cracking of the MLG rib 6 aft bearing lugs, which could result in collapse of the MLG upon landing.

We are superseding Airworthiness Directive (AD) 2011-16-01 for all Dassault Aviation Model FALCON 7X airplanes. AD 2011-16-01 required adding an automatic reversion logic and a means for the pilot to override pitch trim control normal modes, and installing placards in the cockpit; replacing the frame of the emergency switch box; replacing certain horizontal stabilizer electronic control units (HSECU); revising the Limitations section of the airplane flight manual (AFM); and revising the maintenance program to incorporate a certain task. This new AD requires modifying the fly-by-wire (FBW) standard; and operational testing of the electric motors reversion relays and trim emergency command of the horizontal stabilizer trim system (HSTS), and repairs if necessary. This AD was prompted by an uncontrolled pitch trim runaway during descent. We are issuing this AD to prevent an uncontrolled pitch trim runaway, which could result in loss of control of the airplane.

The Coast Guard is establishing a Special Local Regulation for a series of powerboat races located in the Captain of the Port Detroit Zone on the Detroit River, Detroit, Michigan. This action is necessary to provide for the safety of life and property on navigable waters during this event. This special local regulation will establish restrictions upon, and control movement of, vessels in a portion of the Detroit River during the Detroit Offshore Grand Prix events.

This final rule changes the meaningful use stage timeline and the definition of certified electronic health record technology (CEHRT) to allow options in the use of CEHRT for the EHR reporting period in 2014. It also sets the requirements for reporting on meaningful use objectives and measures as well as clinical quality measure (CQM) reporting in 2014 for providers who use one of the CEHRT options finalized in this rule for their EHR reporting period in 2014. In addition, it finalizes revisions to the Medicare and Medicaid EHR Incentive Programs to adopt an alternate measure for the Stage 2 meaningful use objective for hospitals to provide structured electronic laboratory results to ambulatory providers; to correct the regulation text for the measures associated with the objective for hospitals to provide patients the ability to view online, download, and transmit information about a hospital admission; and to set a case number threshold exemption for CQM reporting applicable for eligible hospitals and critical access hospitals (CAHs) beginning with FY 2013. Finally, this rule finalizes the provisionally adopted replacement of the Data Element Catalog (DEC) and the Quality Reporting Document Architecture (QRDA) Category III standards with updated versions of these standards.

This final rule changes on-reel trawl gear stowage requirements when fishing vessels are transiting closed areas or fishing in areas with mesh size restrictions. Specifically, this action allows a vessel to use a highly visible orange or yellow mesh material as an alternative to the current requirement to use a tarp or similar canvas material. In addition, this action removes the requirement to detach the towing wires from the doors for all on-reel gear stowage and removes the requirement to detach the towing wires from the net. Finally, to help streamline the gear stowage requirements, this action also reorganizes the current gear stowage regulations. This action is being implemented under authority delegated to the NMFS Regional Administrator. This action is intended to improve safety of fishing operations while at sea.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the State Implementation Plan (SIP) submitted by the State of Missouri and received by EPA on July 18, 2013, related to the Missouri rule that controls Gasoline Reid Vapor Pressure (RVP) in the Kansas City metropolitan area. This action amends the SIP by updating no longer existing references to certain sampling procedures and test procedures.

The National Park Service proposes to amend its regulations for sport hunting and trapping in National Preserves in Alaska. This proposed rule would not adopt state laws or regulations that authorize taking of wildlife, hunting or trapping activities, or management actions involving predator reduction efforts with the intent or potential to alter or manipulate natural predator-prey dynamics and associated natural ecological processes to increase harvest of ungulates by humans. The rule would maintain long-standing prohibited sport hunting and trapping practices; update procedures for closing an area or restricting an activity in National Park Service areas in Alaska; update obsolete subsistence regulations; prohibit obstructing persons engaged in lawful hunting or trapping; and authorize use of native species as bait for fishing.

The Farm Credit Administration (FCA or we) is seeking comments on this proposed rule that would revise our regulatory capital requirements for Farm Credit System (System) institutions to include tier 1 and tier 2 risk-based capital ratio requirements (replacing core surplus and total surplus requirements), a tier 1 leverage requirement (replacing a net collateral requirement for System banks), a capital conservation buffer, revised risk weightings, and additional public disclosure requirements. The revisions to the risk weightings would include alternatives to the use of credit ratings, as required by section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

We announce our intention to establish a negotiated rulemaking committee to prepare proposed regulations governing the Federal William D. Ford Direct Loan (Federal Direct Loan) Program authorized under Title IV of the Higher Education Act of 1965, as amended (HEA). The committee will include representatives of organizations or groups with interests that are significantly affected by the subject matter of the proposed regulations. We also announce two public hearings at which interested parties may suggest additional issues that should be considered for action by the negotiating committee. In addition, we announce that the Department will accept written comments regarding additional issues that should be considered for action by the negotiating committee.

The Audio Division grants Petitions for Reconsideration filed by Edward Czelada (``Czelada'') and Sanilac Broadcasting Company (``Sanilac'') and reserves Channel 256A at Lexington, Michigan, for noncommercial educational (``NCE'') use because no other channels in the reserved FM band are available; and the channel would provide a first or second NCE service to more than 2,000 persons who constitute ten percent of the population within the allotment's 60 dBu contour. See also SUPPLEMENTARY INFORMATION.

We (NMFS) announce a 90-day finding on seven Indo-Pacific species included in a petition to list eight species of pomacentrid reef fish as threatened or endangered under the Endangered Species Act (ESA). These are the orange clownfish (Amphiprion percula) and six other damselfishes: The Hawaiian dascyllus (Dascyllus albisella), blue- eyed damselfish (Plectroglyphidodon johnstonianus), black-axil chromis (Chromis atripectoralis), blue-green damselfish (Chromis viridis), reticulated damselfish (Dascyllus reticulatus), and blackbar devil or Dick's damselfish (Plectroglyphidodon dickii). Another of our regional offices is leading the response to the petition to list the yellowtail damselfish (Microspathodon chrysurus) and a separate 90-day finding will be issued later for this species. We find that the petition presents substantial information indicating that the petitioned action may be warranted for the orange clownfish (Amphiprion percula). We will conduct a status review for this species to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information pertaining to Amphiprion percula from any interested party. We find that the petition fails to present substantial scientific or commercial information indicating that the petitioned action may be warranted for the remaining six petitioned Indo-Pacific species: The Hawaiian dascyllus (Dascyllus albisella), reticulated damselfish (Dascyllus reticulatus), blue-eyed damselfish (Plectroglyphidodon johnstonianus), black-axil chromis (Chromis atripectoralis), blue-green damselfish (Chromis viridis), and blackbar devil or Dick's damselfish (Plectroglyphidodon dickii).

We propose to adopt a new airworthiness directive (AD) for all BAE Systems (Operations) Limited Model BAe 146 series airplanes, and Model Avro 146-RJ series airplanes. This proposed AD was prompted by a report of a pressurization problem on an airplane during climb-out; a subsequent investigation showed a crack in the fuselage skin. This proposed AD would require repetitive external eddy current inspections on the aft skin lap joints of the rear fuselage for cracking, corrosion, and other defects, and repair if necessary. We are proposing this AD to detect and correct cracking, corrosion, and other defects, which could affect the structural integrity of the airplane.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A318-111 and -112 airplanes, Model A319, A320, and A321 series airplanes. This proposed AD was prompted by reports of cracks on the forward corner fittings of engine pylon aft secondary structures. This proposed AD would require repetitive inspections of certain forward corner fittings of the pylon aft secondary structures, and corrective actions if necessary. This proposed AD also provides optional terminating action for the repetitive inspections. We are proposing this AD to detect and correct detachment of the lower fairing attachment and/or loss of the aft fixed fairing with the movable fairing from the airplane in flight, which could result in damage to the airplane.

This regulation establishes tolerances for residues of trifloxystrobin in or on pea, dry, seed; pea, field, hay; and pea, field, vines. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).