February 2015 – Federal Register Recent Federal Regulation Documents

On January 25, 2013, we, NMFS, received a petition submitted by the People for the Ethical Treatment of Animals Foundation to remove the exclusion of captive animals from the endangered species listing of Southern Resident killer whale DPS, as well as, recognize the captive killer whale (Orcinus orca) ``Lolita'' as a protected member of the endangered Southern Resident killer whale Distinct Population Segment (DPS). We completed a status review and published a proposed rule, and we are now amending the regulatory language of the Endangered Species Act (ESA) listing of the DPS by removing the exclusion for captive members of the population. We have further determined that Lolita, a female killer whale captured from the Southern Resident killer whale population in 1970 who resides at the Miami Seaquarium in Miami, Florida, is not excluded from the Southern Resident killer whale DPS due to her captive status. We proposed to amend the regulatory language of the ESA listing to remove the exclusion for captive whales from the Southern Resident killer whale DPS on January 27, 2014. Additionally, we solicited scientific and commercial information pertaining to the proposed rule and also conducted a peer review of the status review information on Lolita that informed the proposed rule. We have determined that captive members of the Southern Resident killer whale population should be included in the listed Southern Resident killer whale DPS. This rule amends the regulatory language of the listing to remove the exclusion for captive members of the DPS.

The Environmental Protection Agency (EPA) is taking direct final action approving State Implementation Plan (SIP) revisions submitted by the State of New Mexico on October 28, 2011, November 1, 2013, and August 8, 2014. These revisions amend the State transportation conformity provisions and remove the State general conformity provisions from the SIP, as allowed by the 2005 amendments to the Clean Air Act (Act or CAA). These revisions also establish transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportation- related control measures and mitigation measures. Upon the effective date of this final action, the EPA federal rules will govern conformity of transportation Federal actions and general Federal actions within the State of New Mexico. This action is being taken in accordance with sections 110 and 176 of the Act.

The Food and Drug Administration (FDA or the Agency) is announcing the availability of a draft guidance for industry entitled ``Individual Patient Expanded Access Applications: Form FDA 3926.'' The draft guidance provides for public comment and describes draft Form FDA 3926 (Individual Patient Expanded AccessInvestigational New Drug Application (IND)), which, when finalized, FDA intends to make available for licensed physicians to use for expanded access requests for individual patient INDs. Individual patient expanded access allows for the use of an investigational drug outside of a clinical trial for an individual patient who has a serious or immediately life-threatening disease or condition and there is no comparable or satisfactory alternative therapy to diagnose, monitor, or treat the disease or condition. When finalized, draft Form FDA 3926 is intended to provide a streamlined alternative for submitting an Investigational New Drug Application (IND) for use in cases of individual patient expanded access.

This rule will ensure the neediest children and families in our country benefit from Head Start services first.

The Coast Guard is proposing to establish a temporary Safety Zone for all waters of the Lower Mississippi River, from MM 745.0 to MM 736.0. This safety zone is needed to protect persons and vessels from the potential safety hazards associated with a full-scale multiagency mass rescue exercise. Entry into this zone is prohibited to all vessels, mariners, and persons unless specifically authorized by the Captain of the Port (COTP), Lower Mississippi River or a designated representative.

This rule amends the Department of State (Department) interim rule on the accreditation and approval of adoption service providers in intercountry adoptions, and adopts the interim rule as final. The revisions reflect the requirement of the Intercountry Adoption Universal Accreditation Act of 2012 (UAA) that the accreditation standards developed in accordance with the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Convention) and the Intercountry Adoption Act of 2000 (IAA), which previously only applied in Convention adoption cases, apply also in non-Convention adoption cases. Non-convention adoption cases are known as ``orphan'' cases, defined in the Immigration and Nationality Act (INA). This rule also revises the accreditation rule by referring to the Department of Homeland Security (DHS) Convention home study regulation and deleting obsolete references, such as any reference to temporary accreditation.

We are publishing a new airworthiness directive (AD) for Airbus Helicopters (formerly Eurocopter France) Model EC130T2 helicopters, which was sent previously to all known U.S. owners and operators of these helicopters. This AD requires repetitively inspecting the attachment points where the fan attaches to the main gearbox (MGB) oil cooler hopper (hopper) and replacing any cracked hopper with an airworthy hopper. This AD is prompted by several cases of a cracked hopper. The cracks were found on the hopper at the fan attachment points. These actions are intended to detect a crack in the hopper at a fan attachment point to prevent failure of the fan attachment, interference of the fan with the control rod of the front servo-control or with the flight control bellcrank, and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted by fuel system reviews conducted by the manufacturer. This AD requires replacing a fitting that is part of the refuel control solenoid valve assembly. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

The FAA is correcting a final rule published on May 28, 2010. In that rule, the FAA amended its regulations by adding equipage requirements and performance standards for Automatic Dependent SurveillanceBroadcast (ADS-B) Out avionics on aircraft operating in Classes A, B, and C airspace, as well as other specified classes of airspace within the U.S. National Airspace System (NAS). This document corrects errors in regulatory provisions addressing ADS-B Out equipment and use.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 3,770-acre ``The Rocks District of Milton-Freewater'' viticultural area in Umatilla County, Oregon. The viticultural area lies entirely within the Walla Walla Valley viticultural area which, in turn, lies within the Columbia Valley 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.

DoD, GSA, and NASA are issuing a correction to FAR Case 2014- 008; Management and Oversight of the Acquisition of Services (Item II), which was published in the Federal Register at 80 FR 4992, January 29, 2015.

GSA has decided to withdraw GSAR Case 2008-G509; Rewrite of General Services Acquisition Regulation (GSAR) Part 536, Construction and Architect-Engineer Contracts. This rule is being withdrawn because the General Services Administration believes that an agency review of the current implementation plan for this GSAR case is appropriate to address the variety of issues included in the GSAR Part 536 Rewrite and to address strong stakeholder interest.

The Bureau of the Census (Census Bureau) issues this final rule amending the Foreign Trade Regulations (FTR) to reflect changes related to the implementation of the International Trade Data System (ITDS) and subsequent changes to access the Electronic Export Information (EEI). The ITDS was established to eliminate redundant information requirements, efficiently regulate the flow of commerce, and to effectively enforce laws and regulations relating to international trade by establishing a single portal system for the collection and distribution of standard electronic import and export data required by all participating federal agencies. The Automated Export System (AES), which is a part of the Automated Commercial Environment (ACE), will include export information collected under other federal agencies' authority, which is subject to those agencies' disclosure mandates. This rule clarifies the confidentiality provisions of the EEI and facilitates the legitimate sharing of export data consistent with the goals for the ITDS. On August 22, 2014, the Census Bureau published this rule on an interim final basis. The Census Bureau is finalizing this rule without change.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe Railway Bridge, also known as the St. Johns RR Bridge, across the Willamette River, mile 6.9, at Portland, OR. The deviation is necessary to facilitate installation of new rail joints. This deviation allows the bridge to remain in the closed to navigation position during maintenance activities.

We are adopting a new airworthiness directive (AD) for certain Airbus Model A319-115, A319-133, A320-214, A320-232, and A320-233 airplanes. This AD requires repetitive detailed inspections of the outboard main landing gear (MLG) support rib lower flange fasteners for discrepancies, and corrective actions if necessary. This AD was prompted by reports of failure of certain fasteners on the MLG support rib lower flange. We are issuing this AD to detect and correct discrepancies of the fasteners at the outboard MLG support rib lower flange, which could result in an airplane not meeting its maximum loads expected in service. This condition could result in structural failure.

The Energy Policy and Conservation Act of 1975 (EPCA), as amended, sets forth various provisions designed to improve energy efficiency for consumer products and certain commercial and industrial equipment. In addition to specifying a list of covered residential products and commercial equipment, EPCA contains provisions that enable the Secretary of Energy to classify additional types of consumer products as covered products. The U.S. Department of Energy (DOE) has previously published a proposed determination of coverage to classify gas-fired hearth products as covered consumer products under the applicable provisions in EPCA. In this document, DOE proposes an energy conservation standard for hearth products following its notice of proposed coverage determination. This proposed rule also announces a public meeting to receive comment on the proposed standard and associated analyses and results.

The Department of State (DoS) is making technical amendments to the Department of State Acquisition Regulation (DOSAR) to provide needed editorial changes, updating procedures and terminology, and aligning the DOSAR with changes to the Federal Acquisition Regulation (FAR).

The Environmental Protection Agency (EPA) is proposing to approve portions of four State Implementation Plan (SIP) revision submittals from the Commonwealth of Pennsylvania 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. Pennsylvania has made four separate submittals addressing the infrastructure requirements for the 2008 ozone, the 2010 nitrogen dioxide (NO2), the 2010 sulfur dioxide (SO2), and the 2012 fine particulate matter (PM2.5) NAAQS. In this rulemaking action, EPA is proposing to approve, in accordance with the requirements of the CAA, the four infrastructure SIP submissions with the exception of some portions of the submittals addressing visibility protection.

This release makes technical corrections to rules that were published in the Federal Register on September 24, 2014. The Commission adopted revisions to Regulation AB and other rules governing the offering process, disclosure, and reporting for asset-backed securities. These technical amendments are being published to reinstate language that was inadvertently removed and make other technical corrections.

NMFS establishes the annual harvest guideline for the commercial lobster fishery in the Northwestern Hawaiian Islands for calendar year 2015 at zero lobsters.

The Coast Guard is extending for 90 days the comment period for the notice of proposed rulemaking (NPRM) entitled ``Requirements for MODUs and Other Vessels Conducting Outer Continental Shelf Activities With Dynamic Positioning Systems'' published on November 28, 2014. This extension is necessary to allow sufficient time for the Coast Guard to hold a public meeting and receive any subsequent public comments on the NPRM.

The United States International Trade Commission (``Commission'') proposes to amend provisions of its Rules of Practice and Procedure concerning the Freedom of Information Act, the Privacy Act, the Government in the Sunshine Act, certain investigations, and trade remedy assistance. The proposed amendments are part of the agency's retrospective analysis of its Rules that attempts to determine whether rules should be modified, streamlined, expanded, or repealed so as to make the agency's regulatory program more effective or less burdensome in achieving regulatory objectives. The Commission requests public comment both on the proposed amendments and on its rules in general.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe (BNSF) Railway Bridge across the Columbia River, mile 105.6, at Vancouver, WA. This deviation is necessary to accommodate maintenance to replace movable rail joints. This deviation allows the bridge to remain in the closed position during maintenance activities.

We are revising Airworthiness Directive (AD) 2014-12-11 for Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters. AD 2014-12-11 required revising the Rotorcraft Flight Manual (RFM) to include the appropriate operating limitations for performing Class D external load-combination operations. As published, AD 2014-12-11 referenced an incorrect date for Revision No. 12 of Sikorsky RFM SA S92A-RFM-003, Part 1. This AD corrects the error while retaining the requirements of AD 2014-12-11. These actions are intended to require appropriate operating limitations to allow operators to perform Class D external load-combination operations, including human external cargo, in this model helicopter that now meets the Category A performance standard.

The U.S. Environmental Protection Agency (EPA) is announcing the receipt of a complete petition requesting that the EPA add the chemical n-Propyl Bromide (nPB) (Chemical Abstract Service No. 106-94- 5) to the list of hazardous air pollutants (HAP) contained in section 112(b)(1) of the Clean Air Act (CAA). On October 28, 2010 and November 28, 2012, the Halogenated Solvent Industry Alliance (HSIA) submitted a petition to list nPB as a HAP and a supplement to the petition, respectively. In addition, on November 24, 2011, the New York State Department of Environmental Conservation (NYSDEC) submitted a petition to add nPB to the HAP list. We have determined that these petitions are complete for purposes of this process, which means they provide sufficient information to assess the human health impacts on people living in the vicinity of facilities emitting nPB. Today's document initiates our comprehensive technical review phase of the petition process. The EPA invites the public to comment on these petitions and to provide additional data, beyond what are in these petitions, on sources, emissions, exposure, health effects and environmental impacts associated with nPB that may be relevant to our technical review. These petitions and supporting information are available through Docket ID EPA-HQ-OAR-2014-0471. Following completion of the technical review phase that is initiated by today's notice and runs through the EPA's evaluation of all the comments received, the EPA will decide whether to grant or deny the petitions.