October 2014 – Federal Register Recent Federal Regulation Documents

The Coast Guard proposes to establish a safety zone on the navigable waters of the Chesapeake Bay in the vicinity of Bayshore Road in the Cape Charles Harbor, Cape Charles, VA. This proposed safety zone would restrict vessel movement in the specified area during the Town of Cape Charles New Years Eve fireworks display between 10 p.m. and 10:30 p.m. on December 31, 2014. This action is necessary to provide for the safety of life and property on the surrounding navigable waters during the fireworks displays.

The Environmental Protection Agency (EPA) is proposing to approve the State of Maryland's request to redesignate to attainment the Baltimore, Maryland Nonattainment Area (Baltimore Area or Area) for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). The EPA has determined that the Baltimore Area attained the standard and is proposing to determine that it continues to attain the standard. In addition, EPA is proposing to approve, as a revision to the Maryland State Implementation Plan (SIP), the Baltimore Area maintenance plan to show maintenance of the 1997 annual PM2.5 NAAQS through 2025 for the Area. The maintenance plan includes the 2017 and 2025 PM2.5 and nitrogen oxides (NOX) mobile vehicle emissions budgets (MVEBs) for the Baltimore Area for the 1997 annual PM2.5 NAAQS, which EPA is proposing to approve for transportation conformity purposes. These actions are being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) published a final rule in the Federal Register on June 2, 2014, updating 40 CFR part 81, ``Designation of Areas for Air Quality Planning Purposes'' for the 1997 and 2006 PM2.5 NAAQS nonattainment areas. An error in the table for the Wisconsin 2006 24-hour PM2.5 NAAQS in 40 CFR 81.350 is identified and corrected in this action.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the Holtec International HI-STORM FLOOD/WIND (FW) System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 1 to Certificate of Compliance (CoC) No. 1032. Amendment No. 1 adds a new heat load pattern for the multipurpose canister (MPC)-37, broadens the back pressure range for MPC-37 and MPC-89, and updates certain definitions related to fuel classification. Also, the amendment makes a correction to the expiration date of CoC No. 1032.

The Food and Drug Administration (FDA or we) is announcing that we have filed a petition, submitted by Casa de Mesquite LLC, proposing that the food additive regulations be amended to provide for the safe use of ionizing radiation to treat mesquite bean flour.

We are revising and reopening the comment period for an earlier notice of proposed rulemaking (NPRM) for certain Bell Helicopter Textron Canada Limited (Bell) Model 206L-3 and 206L-4 helicopters. The NPRM proposes to require installing a placard and revising the limitations section of the rotorcraft flight manual (RFM). The NPRM was prompted by several incidents of third stage engine turbine wheel failures caused by excessive vibrations at certain engine speeds during steady-state operations. This action proposes to revise the NPRM by adding certain Model 206L1 helicopters to the applicability, excluding certain Model 206L3 and 206L4 helicopters from the applicability, and changing the procedures for updating the RFM. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted by reports of missing clamps that are required to provide positive separation between the alternating current (AC) feeder cables and the hydraulic line of the landing gear alternate extension. This AD requires an inspection for missing clamps that are required to provide positive separation between the AC feeder cables and the hydraulic line of the landing gear alternate extension, and related investigative and corrective actions if necessary. We are issuing this AD to detect and correct chafing of the AC feeder cable. A chafed and arcing AC feeder cable could puncture the adjacent hydraulic line, which, in combination with the use of the alternate extension system, could result in an in- flight fire.

We are superseding Airworthiness Directive (AD) 2010-03-05 for all the Boeing Company Model 747-200C and -200F series airplanes. AD 2010-03-05 required, for the upper chords of the upper deck floor beam of section 41, an inspection for cracking of certain fastener holes, and corrective action if necessary; and repetitive replacements of the upper chords, straps (or angles), and radius fillers of certain upper deck floor beams and, for any replacement that is done, inspections for cracking, and corrective actions if necessary. This new AD adds repetitive inspections of the upper chords of the upper deck floor beam of Section 42, repetitive replacements of the upper chords, post- replacement inspections, and corrective actions if necessary. This new AD also adds post-replacement inspections for section 41 and reduces certain compliance times. This AD was prompted by a determination that the upper deck floor beams are subject to widespread fatigue damage (WFD), the existing inspection program is not sufficient to maintain an acceptable level of safety, and the upper chords of the upper deck floor beam of section 42 are subject to the unsafe condition. We are issuing this AD to detect and correct cracking of the upper chords and straps (or angles) of the floor beams, which could lead to failure of the floor beams and consequent loss of controllability, rapid decompression, and loss of structural integrity of the airplane.

This proposed rule would amend the safe harbors to the anti- kickback statute and the civil monetary penalty (CMP) rules under the authority of the Office of Inspector General (OIG). The proposed rule would add new safe harbors, some of which codify statutory changes set forth in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) and the Patient Protection and Affordable Care Act, Public Law 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, 124 Stat. 1029 (2010) (ACA), and all of which would protect certain payment practices and business arrangements from criminal prosecution or civil sanctions under the anti-kickback statute. We also propose to codify revisions to the definition of ``remuneration,'' added by the Balanced Budget Act (BBA) of 1997 and ACA, and add a gainsharing CMP provision in our regulations.

We are superseding Airworthiness Directive (AD) 94-12-03 for certain Airbus Model A320 series airplanes. AD 94-12-03 required modification of the belly fairing structure. This new AD requires repetitive inspections for cracking of the four titanium angles between the belly fairing and the keel beam side panel, an inspection for cracking of the open holes if any cracking is found in the titanium angles, and repair or replacement if necessary; this new AD also expands the applicability of AD 94-12-03. This AD was prompted by reports of cracks at the lower riveting of the four titanium angles that connect the belly fairing to the keel beam side panels on both sides of the fuselage. We are issuing this AD to detect and correct cracking of the titanium angles that connect the belly fairing to the keel beam side panels on both sides of the fuselage, which could affect the structural integrity of the airplane.

In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Department of the Treasury gives notice of a proposed amendment to update its Privacy Act regulations, and to add an exemption from certain provisions of the Privacy Act for a system of records related to the Office of Intelligence and Analysis.

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) repealed NCUA's rulemaking authority under the Federal Trade Commission Act (FTC Act). As a result, the NCUA Board (Board) is now repealing NCUA's regulations governing unfair or deceptive acts or practices. The Board is also making a number of technical amendments to other NCUA regulations to conform them to the agency's current central and field office structures. Additionally, the Board is amending NCUA's payday alternative loans regulation to replace all references to ``short-term, small amount loans'' and ``STS loans'' with corresponding references to ``payday alternative loans'' and ``PAL loans.'' The latter terms more accurately reflect the nature and purpose of this loan product.

We propose to adopt a new airworthiness directive (AD) for all CFM International (CFM) S.A. CFM56-7B series turbofan engines. This proposed AD was prompted by a dual engine thrust instability event that resulted in the overspeed and in-flight shutdown (IFSD) of one engine. This proposed AD would require modification of the engine by removing full authority digital engine control (FADEC) software, version 7BV4 or earlier, installed in the electronic engine controls (EECs) on CFM56-7B engines. We are proposing this AD to prevent a thrust instability event, which could lead to overspeed and IFSD of one or more engines, loss of thrust control, damage to the engine, and damage to the airplane.

We propose to adopt a new airworthiness directive (AD) for certain Alpha Aviation Concept Limited Model R2160 airplanes. 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 paint adherence defects inside the engine air intake box and cohesion defects inside the laminated ducting from the filter to the air intake box. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for all Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This proposed AD was prompted by reports of dislodged engine fan cowl panels. This proposed AD would require installing additional attaching hardware on the left and right fan cowl access panels and the nacelle attaching structures. We are proposing this AD to prevent damage to the fuselage and flight control surfaces from dislodged engine fan cowl panels.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Jefferson Street Drawbridge across the Illinois River, mile 287.9, at Joliet, Illinois. The deviation is necessary to allow the Fall Color 5K run to cross the bridge. This deviation allows the bridge to remain in the closed-to-navigation position and not open to vessel traffic for one hour.

The Audio Division, at the request of JER Licenses, LLC, substitute alternative Channel 281C for vacant Channel 280C at Toquerville, Utah to accommodate the ``hybrid'' application that requests the downgrade of the new FM station from Channel 281C3 to Channel 280A at Peach Springs, Arizona. A staff engineering analysis confirms that Channel 281C can be allotted to Toquerville, Utah consistent with the minimum distance separation requirements of the Rules without a site restriction. The reference coordinates for Channel 281C at Toquerville are 37-15-12 NL and 113-17-00 WL. See Supplementary Info. supra.

We propose to rescind Airworthiness Directive (AD) 2010-08-08, which applies to certain Airbus Model A330-243, -341, -342, and -343 airplanes. AD 2010-08-08 requires deactivating the water scavenge automatic operation and revising the Limitations section of the airplane flight manual (AFM). We also propose to rescind AD 2011-06-04, which applies to certain Model A330-243F airplanes. AD 2011-06-04 requires revising the Limitations section of the AFM. We issued ADs 2010-08-08 and 2011-06-04 to prevent fuel flow restriction, caused by ice, resulting in a possible engine surge or stall condition, and the engine being unable to provide the commanded thrust. Since we issued ADs 2010-08-08 and 2011-06-04, we have determined that the water scavenge system (WSS) operation does not induce any risk of fuel feed system (including the engine) blockage by ice on the pipework or pump inlets. We have also determined that the risk of fuel flow restriction by ice at the fuel oil heat exchanger (FOHE) interface on airplanes equipped with Trent 700 engines is now addressed by a re-designed FOHE, which incorporates enhanced anti-icing and de-icing performance.

On August 28, 2014, the Commission received a Petition for Rulemaking from National Convention PBC. The petition asks the Commission to amend 11 CFR 100.4 to include delegates to a constitutional convention in the definition of ``federal office.'' The Commission seeks comments on this petition.

NMFS reopens the comment period on the proposed rule to implement an information collection program for the Atlantic surfclam and ocean quahog fishery that published on August 7, 2014. The original comment period closed on September 8, 2014. The Mid-Atlantic Fishery Management Council requested the comment period be reopened to allow for additional public comment through October 17, 2014, to be submitted after this proposed action is discussed at the upcoming Council meeting.

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Imperial County Air Pollution Control District (ICAPCD) and San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portions of the California State Implementation Plan (SIP). These revisions concern definitions that are necessary for the creation, modification and understanding of rules that address air pollution. Among other changes, the revised definitions help clarify federal New Source Review (NSR) requirements, update the districts' exempt volatile organic compounds list to correspond with EPA's, and improve formatting consistency. We are approving local rules that define terms under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) is approving the Northern Ada County PM10 Second Ten-Year Maintenance Plan submitted by the Idaho Department of Environmental Quality (IDEQ) on March 11, 2013, for particulate matter with an aerodynamic diameter less than or equal to ten micrometers (PM10). Northern Ada County was identified as an area of concern for PM10 with the promulgation of the PM10 NAAQS in 1987, and was formally designated as a moderate PM10 nonattainment area upon passage of the 1990 Clean Air Act (CAA) amendments. In October 2003, the EPA approved the Northern Ada County PM10 Maintenance Plan and redesignated the area to attainment for PM10. This revised Maintenance Plan addresses maintenance of the PM10 standard for a second ten-year period beyond redesignation through 2023, extends the horizon years, and contains revised transportation conformity budgets. The EPA is also approving the February 15-16, 2011 high wind exceptional event at the Boise Fire Station monitor, as well as contingency measures for the Pinehurst PM10 Air Quality Improvement Plan. The EPA is approving the second ten-year PM10 Maintenance Plan for Northern Ada County and the Pinehurst PM10 contingency measures pursuant to section 110 of the CAA. The EPA is approving the February 2011 exceptional event pursuant to 40 CFR 50.14. The EPA received one set of adverse comments focused primarily on proposed coal export terminals that may be built in Oregon and Washington that may affect Northern Ada County.

During a review of Arkansas' regulations, the Environmental Protection Agency (EPA) identified a variety of State-initiated changes to Arkansas' hazardous waste program under the Resource Conservation and Recovery Act, as amended (RCRA), for which the State had not previously sought authorization. The EPA proposes to authorize the State for the program changes. In addition, the EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs'', Arkansas' authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that the EPA will enforce under RCRA.