January 2015 – Federal Register Recent Federal Regulation Documents

The NCUA Board (Board) is issuing proposed amendments to the regulation governing credit union capital planning and stress testing. The amendments would adjust the timing of certain events in the capital planning and stress testing cycles. If finalized, the revisions to the regulation would become effective January 1, 2016.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model BD-700-1A10 and BD-700-1A11 airplanes. This proposed AD was prompted by reports of fluid entry and accumulation in the aft equipment bay. This proposed AD would require modifying the aft equipment bay. We are proposing this AD to prevent excessive quantities of flammable fluid accumulation in the aft equipment bay. Flammable fluid entry and accumulation in the aft equipment bay, in excessive quantities, could exceed safe levels maintained by the drainage and ventilation system.

Order No. 676-H, published on September 14, 2014, requires public utilities to comply with the incorporated Version 003 business practice standards by February 2, 2015 (former), with the exception of those standards related to the Network Integration Transmission Service (NITS) Open Access Same-Time Information System (OASIS) template, for which compliance is required by April 25, 2016 (latter). This document extends the afore-mentioned deadline to comply with requirements not related to the NITS OASIS template from February 2, 2015 to and including May 15, 2015.

Georgia has applied to the Environmental Protection Agency (EPA) for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the State's changes through this direct final rule. In the ``Proposed Rules'' section of today's Federal Register, EPA is also publishing a separate document that serves as the proposal to authorize these changes. EPA believes this action is not controversial and does not expect comments that oppose it. Unless EPA receives written comments that oppose this authorization during the comment period, the decision to authorize Georgia's changes to its hazardous waste program will take effect. If EPA receives comments that oppose this action, EPA will publish a document in the Federal Register withdrawing today's direct final rule before it takes effect, and the separate document published in today's ``Proposed Rules'' section of this Federal Register will serve as the proposal to authorize the changes.

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) 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 Coast Guard is establishing a special local regulation on the waters of the Gulf of Mexico in the vicinity of Clearwater Beach, Florida during the Clearwater Super Boat National Championship. The race is scheduled to take place annually on the last Saturday and Sunday of September from approximately 10 a.m. to 5 p.m. The special local regulation is necessary to protect the safety of race participants, participant vessels, spectators, and the general public on the navigable waters of the United States during the event. The special local regulation will restrict vessel traffic in the waters of the Gulf of Mexico in the vicinity of Clearwater, Florida. It will establish the following three areas: A race area, where all persons and vessels, except those persons and vessels participating in the high speed boat races, are prohibited from entering, transiting through, anchoring in, or remaining within; a spectator area, where all vessels must be anchored or operate at No Wake Speed; and an enforcement area where designated representatives may control vessel traffic as determined by the prevailing conditions.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the New Mexico State Implementation Plan (SIP) related to the General Definitions section of the New Mexico SIP that were submitted by the State of New Mexico on June 11, 2009. EPA has evaluated the SIP revisions for New Mexico and determined these revisions are consistent with the requirements of the Clean Air Act (Act or CAA). EPA is proposing approval under section 110 of the Act.

The Environmental Protection Agency (EPA) is proposing to add new health and environmental protection standards to regulations promulgated under the Uranium Mill Tailings Radiation Control Act of 1978 (``UMTRCA'' or ``the Act''). The proposed standards will regulate byproduct materials produced by uranium in-situ recovery (ISR), including both surface and subsurface standards, with a primary focus on groundwater protection, restoration and stability. ISR has a greater potential to directly affect groundwater than does conventional milling. Therefore, by explicitly addressing the most significant hazards represented by ISR activities, these proposed standards are intended to address the shift toward ISR as the dominant form of uranium recovery that has occurred since the standards for uranium and thorium mill tailings were initially promulgated in 1983. The general standards proposed today, when final, will be implemented by the Nuclear Regulatory Commission (NRC). This action also proposes to amend specific provisions in the current Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings rule to address a ruling of the Tenth Circuit Court of Appeals, to update a cross- reference to another environmental standard and to correct certain technical and typographical errors that have been identified since the 1983 promulgation.

We are superseding Airworthiness Directive (AD) 2011-13-09 for all Airbus Model A330-200, -200F, and -300 series airplanes. AD 2011- 13-09 required revising the maintenance program to incorporate new limitations and maintenance tasks for certain certification management requirements (CMRs). This new AD requires revising the maintenance or inspection program to incorporate new maintenance requirements and airworthiness limitations. This AD was prompted by a determination that more restrictive maintenance requirements and airworthiness limitations are necessary. We are issuing this AD to prevent safety-significant latent failures that would, in combination with one or more other specific failures or events, result in a hazardous or catastrophic failure condition.

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.

With the issuance of this final rule, the Administrator of the Drug Enforcement Administration removes naloxegol ((5[alpha],6[alpha])- 17-allyl-6-((20-hydroxy-3,6,9,12,15,18-hexaoxaicos-1-yl)oxy)- 4,5- epoxymorphinon-3,14-diol) and its salts from the schedules of the Controlled Substances Act (CSA). This scheduling action is pursuant to the CSA which requires that such actions be made on the record after opportunity for a hearing through formal rulemaking. Prior to the effective date of this rule, naloxegol was a schedule II controlled substance because it can be derived from opium alkaloids. This action removes the regulatory controls and administrative, civil, and criminal sanctions applicable to controlled substances, including those specific to schedule II controlled substances, on persons who handle (manufacture, distribute, reverse distribute, dispense, conduct research, import, export, or conduct chemical analysis) or propose to handle naloxegol.

In the December 16, 2014 Federal Register the Environmental Protection Agency (EPA) requested comments by February 17, 2015 on a proposed rule pertaining to the Regional Haze and interstate visibility transport requirements for Texas and the Regional Haze requirements for Oklahoma. We also proposed a Federal Implementation Plan to correct deficiencies identified in the plans. EPA is extending the public comment period for this proposal until April 20, 2015.

In a final rule published in the Federal Register on September 18, 2013, and effective on November 18, 2013, we amended the regulations concerning the definition of retail pet store and related regulations in order to ensure that the definition in the regulations is consistent with the Animal Welfare Act (AWA), thereby bringing more pet animals sold at retail under the protection of the AWA. As part of that action, we raised from three to four the maximum number of female breeding dogs, cats, or certain other animals that a person can maintain and be exempted from licensing, as long as they sell only the offspring of those animals born and raised on their premises for pets or exhibition and are not otherwise required to obtain a license. In the final rule, we overlooked raising the number of breeding females in one provision in the regulations concerning animal purchases by dealers and exhibitors. This document corrects the oversight.

The Consumer Product Safety Commission (Commission or CPSC) published a notice of proposed rulemaking (NPR) in the Federal Register on November 19, 2014, concerning recreational off-highway vehicles (ROVs). The NPR invited the public to submit written comments by February 2, 2015. In response to two requests for an extension, the Commission is extending the comment period.

NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters) length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the A season apportionment of the 2015 total allowable catch of Pacific cod to be harvested.

The Coast Guard is amending and reorganizing the regulations that govern the operation and administration of the Coast Guard Auxiliary, a uniformed, volunteer, non-military organization chartered by Congress. The amendments conform the regulatory language to changes in the laws governing the Coast Guard Auxiliary; clarify the Auxiliary's organization, status, and role in Coast Guard operations; and update provisions on liability protection for Auxiliary members assigned to Coast Guard duty.

We propose to adopt a new airworthiness directive (AD) for certain Cessna Aircraft Company Model 500, 501, 550, 551, S550, 560, and 650 airplanes. This proposed AD was prompted by reports of smoke and/or fire in the tailcone caused by sparking due to excessive wear of the brushes in the air conditioning (A/C) motor. This proposed AD would require inspections to determine if certain A/C compressor motors are installed and to determine the accumulated hours on certain A/C compressor motor assemblies; and repetitive replacement of the brushes in the A/C compressor motor assembly, or, as an option to the brush replacement, deactivation of the A/C system and placard installation; and return of replaced brushes to Cessna. We are proposing this AD to prevent the brushes in the A/C motor from wearing down beyond their limits, which could result in the rivet in the brush contacting the commutator, causing sparks and consequent fire and/or smoke in the tailcone with no means to detect or extinguish the fire and/or smoke.

We propose to supersede Airworthiness Directive (AD) 2013-26- 08, which applies to certain The Boeing Company Model 737-600, -700, - 700C, -800, -900, and -900ER series airplanes. AD 2013-26-08 currently requires inspecting the orientation of both sides of the coil cord connector keyways of the number 2 windows on the flight deck; re- clocking the connector keyways, if necessary; and replacing the coil cord assemblies on both number 2 windows on the flight deck. Since we issued AD 2013-26-08, we have determined that additional airplanes are subject to the identified unsafe condition. This proposed AD would add airplanes to the applicability. We are proposing this AD to prevent arcing, smoke, and fire in the flight deck, which could lead to injuries to or incapacitation of the flightcrew.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This proposed AD was prompted by a determination that without an effective maintenance task to maintain the airplane's inherent level of safety, there is a potential that a dormant failure of the alternate release system of the landing gear could occur. This proposed AD would require revising the maintenance or inspection program, as applicable, to incorporate a maintenance task for an operational check of the electro-mechanical actuator (EMA) and release mechanism of the alternate extension system (AES) for the nose landing gear (NLG) and main landing gear (MLG). We are proposing this AD to prevent failure of the alternate release system of the landing gear, which could prevent the landing gear from extending during a failure of the normal landing gear extension system.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This proposed AD was prompted by reports of the horizontal stabilizer trim actuator (HSTA) spur gear bolts inside the gearbox found loose, broken, or backed out due to incorrect bending of the anti-rotation tab washer and the improper application of glue during installation. This proposed AD would require replacing certain HSTAs with a new HSTA. This proposed AD would also require revising the airplane flight manual (AFM) and the maintenance or inspection program, as applicable. We are proposing this AD to prevent failure of the HSTA and subsequent loss of control of the airplane.

We propose to adopt a new airworthiness directive (AD) for certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 and Model ATR72-212A airplanes. This proposed AD was prompted by a report indicating interference between a Type III Emergency Exit door and the surrounding passenger cabin furnishing during a production check. This proposed AD would require measuring the gap between the Type III Emergency Exit doors and certain overhead stowage compartment fittings; removing certain fittings from the overhead stowage compartments and measuring the gap between the Type III Emergency Exit doors and the overhead stowage compartment hooks, if necessary; and re-installing or repairing, as applicable, the Type III Emergency Exit doors. We are proposing this AD to detect and correct interference between a Type III Emergency Exit door and the overhead stowage compartment fitting installed on the rail; which could result in obstructed opening of a Type III Emergency Exit door during an emergency evacuation.

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A310 and 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) series airplanes. This proposed AD was prompted by a report of skin disbonding and damage found on the composite side panel of the rudder, located between the rudder core and skin of a previously repaired area. This proposed AD would require an inspection for disbonding or damage of certain rudders, and related investigative actions and corrective actions if necessary. We are proposing this AD to detect and correct disbonding and damage of the rudder, which could result in reduced structural integrity of the rudder and consequent reduced controllability of the airplane.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) airplanes. This proposed AD was prompted by a determination that no instructions for continued airworthiness exist for the nose landing gear (NLG) alternate extension actuator of the NLG alternate release system. This proposed AD would require revising the maintenance or inspection program, as applicable, to incorporate a new airworthiness limitation task for the NLG alternate extension actuator. We are proposing this AD to prevent failure of the NLG alternate release system and, if the normal NLG extension system also fails, failure of the NLG to extend, and consequent damage to the airplane and injury to occupants.

The Department of Veterans Affairs (VA) proposes to amend its regulations governing entitlement to VA pension to maintain the integrity of the pension program and to implement recent statutory changes. The proposed regulations would establish new requirements pertaining to the evaluation of net worth and asset transfers for pension purposes and would identify those medical expenses that may be deducted from countable income for VA's needs-based benefit programs. The intended effect of these changes is to respond to recent recommendations made by the Government Accountability Office (GAO), to maintain the integrity of VA's needs-based benefit programs, and to clarify and address issues necessary for the consistent adjudication of pension and parents' dependency and indemnity compensation claims. We also propose to implement statutory changes pertaining to certain pension beneficiaries who receive Medicaid-covered nursing home care, as well as a statutory income exclusion for certain disabled veterans and a non-statutory income exclusion pertaining to annuities.