March 27, 2015 – Federal Register Recent Federal Regulation Documents
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Annual Safety Zones in the Eighth Coast Guard District
The Coast Guard will enforce the RiverFest fireworks safety zone on the Neches River in Port Neches, TX from 8:30 p.m. until 9:30 p.m. on May 2, 2015. This action is necessary to protect persons from the hazards associated with a fireworks display. During the enforcement period no person or vessel may enter the safety zone without the permission of the Captain of the Port (COTP) Port Arthur or his designated on-scene Patrol Commander.
Safety Zone; Vessel Fire and Escort, Port of New York, NJ, NY
The Coast Guard is establishing a temporary safety zone on the navigable waters of the Port of New York for the transit of the M/V GREY SHARK. This action is necessary to provide for the safety of life on navigable waters during the transit of the vessel in distress due to a shipboard fire and ongoing damage control operations. Entering into, transiting through, remaining, anchoring or mooring within this safety zone is prohibited unless authorized by the Captain of the Port (COTP) New York.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; 2015-2016 Recreational Fishing Season for Black Sea Bass
NMFS announces that the length of the recreational season for black sea bass in the exclusive economic zone (EEZ) of the South Atlantic will extend throughout the fishing year. Announcing the length of recreational season for black sea bass is one of the accountability measures (AMs) for the recreational sector. This announcement allows recreational fishermen to maximize their opportunity to harvest the recreational annual catch limit (ACL) for black sea bass during the fishing season while managing harvest to protect the black sea bass resource.
Applicability of Risk-Informed Categorization Regulation to Combined Licenses
The U.S. Nuclear Regulatory Commission (NRC) has received a petition for rulemaking from Michael D. Tschiltz, on behalf of the Nuclear Energy Institute (NEI or the petitioner), dated January 15, 2015, requesting that the NRC clarify the applicability of an NRC regulation to combined licenses (COLs). The NRC regulation allows structures, systems, and components (SSCs) of nuclear power reactors to be re-categorized based upon risk-informed considerations. Such re- categorization would result in changes in which NRC requirements would apply to those SSCs. The petition was docketed by the NRC on February 6, 2015, and has been assigned Docket No. PRM-50-110. The NRC is not requesting public comment on PRM-50-110 at this time.
Endangered and Threatened Species; 90-Day Finding on Two Petitions To List Porbeagle Sharks
We, NMFS, are accepting two 2010 petitions to list porbeagle sharks (Lamna nasus) on the Federal List of Endangered and Threatened Wildlife under the Endangered Species Act (ESA) of 1973, as amended. This action is being taken in response to a December 12, 2014, U.S. District Court decision that our previous rejection of the petitions in 2010 was arbitrary and capricious. To ensure a comprehensive review, we are soliciting scientific and commercial data and other information relevant to the status of porbeagle sharks worldwide. We will publish the results of that review and will make a finding as to whether the petitioned action is or is not warranted on or before December 12, 2015.
EnergyGuide Labels on Televisions
The Federal Trade Commission (``Commission'') amends its Energy Labeling Rule (``Rule'') by publishing new ranges of comparability for required EnergyGuide labels on televisions.
Energy Conservation Program: Energy Conservation Standards for Residential Clothes Dryers
The U.S. Department of Energy (DOE) is initiating an effort to determine whether to amend the current energy conservation standards for residential clothes dryers. According to the Energy Policy and Conservation Act's 6-year review requirement, DOE must publish a notice of proposed rulemaking to propose amended standards for residential clothes dryers or a notice of determination that the existing standards do not need to be amended by August 24, 2017. This notice seeks to solicit information from the public to help DOE determine whether amended standards for residential clothes dryers would result in a significant amount of additional energy savings and whether those standards would be technologically feasible and economically justified.
State Inspection Programs for Passenger-Carrying Vehicles; Listening Session
FMCSA announces that it will hold a public listening session on April 14, 2015, to solicit information concerning section 32710 of the Moving Ahead for Progress in the 21st Century Act (MAP-21). This provision requires FMCSA to complete a rulemaking proceeding to consider requiring States to establish a program for annual inspections of commercial motor vehicles (CMVs) designed or used to transport passengers. Additionally, under MAP-21, FMCSA must assess the risks associated with improperly maintained or inspected CMVs designed or used to transport passengers; the effectiveness of existing Federal standards for the inspection of such vehicles in mitigating the risks associated with improperly maintained vehicles and ensuring the safe and proper operation condition of such vehicles; and the costs and benefits of a mandatory inspection program. Any data regarding this topic would be appreciated. The session will be held at the Commercial Vehicle Safety Alliance's (CVSA) workshop in Jacksonville, Florida. All comments will be transcribed and placed in the docket referenced above for FMCSA's consideration. The entire proceeding will be webcast.
Drawbridge Operation Regulation; Willamette River, Portland, OR
The Coast Guard has issued a temporary deviation from the operating schedule that governs the Broadway Bridge across the Willamette River, mile 11.7, at Portland, OR. The deviation is necessary to accommodate the Portland Race for the Roses event. This deviation allows the bridge to remain in the down, or closed, position to facilitate the safe movement of event participants across the bridge.
Drawbridge Operation Regulation; Willamette River, Portland, OR
The Coast Guard has issued a temporary deviation from the operating schedule that governs the upper deck of the Steel Bridge across the Willamette River, mile 12.1, at Portland, OR. This deviation is necessary to accommodate the annual Bridge to Brews 8K and 10K run. This deviation allows the upper deck of the Steel Bridge to remain in the closed-to-navigation position and need not open for marine traffic.
Homeopathic Product Regulation: Evaluating the Food and Drug Administration's Regulatory Framework After a Quarter-Century; Public Hearing
The Food and Drug Administration (FDA) is announcing a public hearing to obtain information and comments from stakeholders about the current use of human drug and biological products labeled as homeopathic, as well as the Agency's regulatory framework for such products. These products include prescription drugs and biological products labeled as homeopathic and over-the-counter (OTC) drugs labeled as homeopathic. FDA is seeking participants for the public hearing and written comments from all interested parties, including, but not limited to, consumers, patients, caregivers, health care professionals, patient groups, and industry. FDA is seeking input on a number of specific questions, but is interested in any other pertinent information participants would like to share.
Medical Devices; Neurological Devices; Classification of the Brain Injury Adjunctive Interpretive Electroencephalograph Assessment Aid
The Food and Drug Administration (FDA) is classifying the brain injury adjunctive interpretive electroencephalograph assessment aid into class II (special controls). The special controls that will apply to the device are identified in this order and will be part of the codified language for the brain injury adjunctive interpretive electroencephalograph assessment aid's classification. The Agency is classifying the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device.
NAC International MAGNASTOR® System, Certificate of Compliance No. 1031, Amendment No. 4
The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of April 14, 2015, for the direct final rule that was published in the Federal Register on January 29, 2015. This direct final rule amended the NRC's spent fuel storage regulations by revising the NAC International MAGNASTOR[supreg] System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 4 to Certificate of Compliance (CoC) No. 1031.
Thiram; Pesticide Tolerance
This regulation establishes a tolerance for residues of thiram in or on banana. Taminco US, Inc. requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Plan Approval and Operating Permit Fees
The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Pennsylvania State Implementation Plan (SIP). This proposed revision pertains to minor editorial revisions to Pennsylvania's existing plan approval and operating permit fee rules. This action is being taken under the Clean Air Act (CAA).
Approval and Promulgation of Implementation Plans; Pennsylvania; Pennsylvania Regional Haze State Implementation Plan Revision: Sulfur Dioxide and Nitrogen Oxide Best Available Retrofit Technology Limits for the Cheswick Power Plant
The Environmental Protection Agency (EPA) is finalizing a limited approval and limited disapproval of a revision to the Pennsylvania State Implementation Plan (SIP) submitted by the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection (PADEP). This SIP revision addresses the sulfur dioxide (SO2) and nitrogen oxide (NOX) Best Available Retrofit Technology (BART) requirements for Boiler Number 1 of the Cheswick Generating Station (Cheswick) in Allegheny County. EPA is finalizing a limited approval of the SIP revision for Cheswick's SO2 and NOX BART requirements on the basis that the revision corrects an error in the SIP and strengthens the Pennsylvania SIP, while EPA is also finalizing a limited disapproval of this part of the SIP revision because the SIP revision relies on the Clean Air Interstate Rule (CAIR) and not the Cross-State Air Pollution Rule (CSAPR) which has replaced CAIR. This final action is in accordance with the requirements of the Clean Air Act (CAA) and EPA's rules for BART.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Plan Approval and Operating Permit Fees
The Environmental Protection Agency (EPA) proposes to approve the State Implementation Plan (SIP) revision submitted by the Comonwealth of Pennsylvania pertaining to minor editorial revisions to Pennsylvania's existing plan approval and operating permit fee rules. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.
Approval of Implementation Plans and Designation of Areas; Tennessee; Redesignation of the Tennessee Portion of the Chattanooga, 1997 PM2.5
On November 13, 2014, the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), submitted a request to redesignate the Tennessee portion of the Chattanooga, TN- GA-AL fine particulate matter (PM2.5) nonattainment area (hereafter referred to as the ``Chattanooga TN-GA-AL Area'' or ``Area'') to attainment for the 1997 Annual PM2.5 national ambient air quality standards (NAAQS) and to approve a state implementation plan (SIP) revision containing a maintenance plan for the Tennessee portion of the Chattanooga TN-GA-AL Area. The Tennessee portion of the Chattanooga TN-GA-AL Area is comprised of Hamilton County in Tennessee. The Environmental Protection Agency (EPA) is proposing to approve the redesignation request and the related SIP revision, including TDEC's plan for maintaining attainment of the PM2.5 standard, for the Tennessee portion of the Chattanooga TN-GA-AL Area. EPA is also proposing to approve into the Tennessee SIP the motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and PM2.5 for the year 2025 for the Tennessee portion of the Chattanooga TN-GA-AL Area. In separate actions, EPA approved the redesignation requests and associated maintenance plans for the Alabama and Georgia portions of this Area.
Special Local Regulation; Charleston Race Week, Charleston Harbor; Charleston, SC
The Coast Guard is establishing a special local regulation on the waters of Charleston Harbor in Charleston, South Carolina during Charleston Race Week, a series of sailboat races. The races are scheduled to take place on April 17, 2015 through April 19, 2015. Approximately 300 sailboats are anticipated to participate in the races. The special local regulation is necessary to provide for the safety of life on the navigable waters of the United States during the races. The special local regulation consists of three race areas. Except for those persons and vessels participating in the sailboat races, persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within any of the race areas unless authorized by the Captain of the Port Charleston or a designated representative.
Drawbridge Operation Regulations; Snake Creek, Islamorada, FL
The Coast Guard has issued a temporary deviation from the operating schedule that governs the Snake Creek Bridge across Snake Creek, at Islamorada, FL. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This deviation will allow Snake Creek Bridge to open once an hour between 8 a.m. and 6 p.m. Local officials are requesting this action to assist in reducing traffic caused by bridge openings.
Carriage of Digital Television Broadcast Signals
In this document, the Commission seeks comment on a Petition for Rulemaking filed by the American Cable Association (``ACA'') requesting, among other things, that the Commission extend for an additional three years the exemption from the requirement to carry high definition (``HD'') broadcast signals under the ``material degradation'' provisions of the Communications Act of 1934, as amended (``the Act'') that it granted to certain small cable systems in the 2012 Fifth Report and Order. This exemption is slated to expire on June 12, 2015 absent further action by the Commission. We tentatively conclude that the public interest would be served by extending the HD carriage exemption for three years, or until June 12, 2018.
Qualification Standards for Enlistment, Appointment, and Induction
This rule updates policies and responsibilities for basic entrance qualification standards for enlistment, appointment, and induction into the Armed Forces and delegates the authority to specify certain standards to the Secretaries of the Military Departments. It establishes the age, aptitude, character/conduct, citizenship, dependents, education, medical, physical fitness, and other disqualifying conditions that are causes for rejection from military service. Other standards may be prescribed in the event of mobilization or national emergency. This rule sets standards designed to ensure that individuals under consideration for enlistment, appointment, and/or induction are able to perform military duties successfully, and to select those who are the most trainable and adaptable to Service life.
Deltamethrin; Pesticide Tolerances
This regulation establishes tolerances for residues of the insecticide deltamethrin in or on all food and feed commodities from use of deltamethrin as a wide-area mosquito adulticide. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Revisions to the California State Implementation Plan, Placer County Air Pollution Control District and the Ventura County Air Pollution Control District
The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Placer County Air Pollution Control District (PCAPCD) and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from the surface coating of plastic parts and products, metalworking fluids (MWF) and direct-contact lubricants (DCL). We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).
Revisions to the California State Implementation Plan, Placer County Air Pollution Control District and the Ventura County Air Pollution Control District
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Placer County Air Pollution Control District (PCAPCD) and the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from the surface coating of plastic parts and products, metalworking fluids and direct-contact lubricants. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act).
Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology for the 1997 8-Hour Ozone National Ambient Air Quality Standard
The Environmental Protection Agency (EPA) is finalizing its proposal to approve revisions to the Texas State Implementation Plan (SIP) for the Houston/Galveston/Brazoria (HGB) and Dallas Fort Worth (DFW) 1997 8-Hour ozone nonattainment areas. The HGB area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. The DFW area consists of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant counties. Specifically, we are approving portions of multiple revisions to the Texas SIP submitted by the Texas Commission on Environmental Quality (TCEQ) as meeting Reasonably Available Control Technology (RACT) requirements. The RACT requirements apply to sources of Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOx) in these areas. This action is in accordance with the federal Clean Air Act (the Act, CAA).
Airworthiness Directives; Airbus Helicopters (Previously Eurocopter France)
We propose to adopt a new airworthiness directive (AD) for Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, AS350D1, AS355E, AS355F, AS355F1, AS355F2, AS355N, AS355NP, EC130B4, and EC130T2 helicopters. This proposed AD would require inspecting the swashplate assembly rotating star to determine whether a ferrule was installed. If a ferrule exists, this proposed AD would require inspecting the rotating star for a crack and removing any cracked rotating star. This proposed AD is prompted by a report that reconditioning the rotating swashplate per a certain repair procedure could result in the rotating star cracking. The proposed actions are intended to detect a crack in the rotating star and prevent failure of the rotating star and subsequent loss of control of the helicopter.
Airworthiness Directives; The Boeing Company Airplanes
We propose to supersede Airworthiness Directive (AD) 2005-18- 18, which applies to certain The Boeing Company Model 757 airplanes. AD 2005-18-18 currently requires inspections of certain wire bundles in the left and right engine-to-wing aft fairings for discrepancies; installation of back-to-back p-clamps between the wire and hydraulic supply tube at the aft end of the right-hand strut only; and associated re-routing of the wire bundles, if necessary. Since we issued AD 2005- 18-18, we have determined that the service information referenced in AD 2005-18-18 did not adequately address fuel shutoff valve (FSV) wires at the aft end of the struts. This proposed AD would add an installation of spiral cable wrap on FSV wires at the aft end of the strut, for both left and right engines, and related investigative and corrective actions. We are proposing this AD to prevent chafing between the wire bundle and the structure of the aft fairing, which could result in electrical arcing and subsequent ignition of flammable vapors and possible uncontrollable fire.
Airworthiness Directives; The Boeing Company Airplanes
We propose to supersede Airworthiness Directive (AD) 2013-08- 23, which applies to all The Boeing Company Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes. AD 2013-08-23 currently requires adding design features to detect electrical faults and to detect a pump running in an empty fuel tank. Since we issued AD 2013-08-23, we have determined that it is necessary to clarify the requirements for the design features and to remove a terminating action for certain inspections. This proposed AD would clarify certain requirements and remove a terminating action. This proposed AD would also provide an optional method of compliance for the proposed actions. We are proposing this AD to reduce 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.
Airworthiness Directives; Dassault Aviation Airplanes
We are superseding Airworthiness Directive (AD) 2011-13-07 for all Dassault Aviation Model FALCON 7X airplanes. AD 2011-13-07 requires revising the airplane flight manual (AFM) to include a procedure to power off a radio-altimeter or revert to the correct radio-altimeter output. This new AD requires revising the AFM to include a simpler procedure to revert to the correct radio-altimeter output. This AD was prompted by an analysis which showed that AFM procedures could be simplified. We are issuing this AD to ensure that the flightcrew has procedures in the event of a radio-altimeter lock-up, which inhibits the display of warnings along with certain abnormal conditions, during the switch into landing mode during altitude cruise. If not corrected, this could result in the flightcrew being unaware of possible system failures that require immediate action by the flightcrew, leading to possible loss of control of the airplane.
Airworthiness Directives; Airbus Airplanes
We are adopting a new airworthiness directive (AD) for all Airbus Model A300 and A310 series airplanes, and certain 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). This AD was prompted by a review of certain repairs, which revealed that the structural integrity of the airplane could be negatively affected if those repairs are not re-worked. This AD requires an inspection to identify certain repairs, and corrective action if necessary. We are issuing this AD to detect and correct certain repairs on the floor cross beams flange. If those repairs are not reworked, the structural integrity of the airplane could be negatively affected.
Creating Economic Opportunities for Low- and Very Low-Income Persons and Eligible Businesses Through Strengthened “Section 3” Requirements
Section 3 of the Housing and Urban Development Act of 1968, as amended by the Housing and Community Development Act of 1992 (Section 3), contributes to the establishment of stronger, more sustainable communities by ensuring that employment and other economic opportunities generated by Federal financial assistance for housing and community development programs are, to the greatest extent feasible, directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. HUD is statutorily charged with the authority and responsibility to implement and enforce Section 3. HUD's regulations implementing the requirements of Section 3 have not been updated since 1994. This proposed rule would update HUD's Section 3 regulations to address new programs established since 1994 that are subject to the Section 3 requirements and promote compliance with the requirements of Section 3 by recipients of Section 3 covered financial assistance, while also recognizing barriers to compliance that may exist, and strengthening HUD's oversight of Section 3.
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