March 2015 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing a temporary safety zone on the waters of Delaware River in the vicinity of Marcus Hook, Pennsylvania. The safety zone will temporarily restrict vessel traffic from transiting or anchoring in a portion of Marcus Hook anchorage in order to protect the safety of life and property on the waters while underwater impulsive sound testing is conducted.

The Food and Drug Administration (FDA) is classifying the limited output transcutaneous piezoelectric stimulator for skin reactions associated with insect bites 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 limited output transcutaneous piezoelectric stimulator for skin reactions associated with insect bites' 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.

The U.S. Office of Personnel Management (OPM) is issuing a final rule to redefine the geographic boundaries of several appropriated fund Federal Wage System (FWS) wage areas for pay-setting purposes. Based on recent reviews of Metropolitan Statistical Area boundaries in a number of wage areas, OPM is redefining the following wage areas: Washington, DC; Hagerstown-Martinsburg-Chambersburg, MD; Minneapolis-St. Paul, MN; Charlotte, NC; Columbia, SC, and Southwestern Wisconsin. In addition, this final rule makes three minor corrections to the Miami, FL; Columbus, GA, and Kansas City, MO, wage areas.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, and annual fees charged to its applicants and licensees. The proposed amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which requires the NRC to recover through fees approximately 90 percent of its budget authority in Fiscal Year (FY) 2015, not including amounts appropriated for Waste Incidental to Reprocessing (WIR), the Nuclear Waste Fund (NWF), generic homeland security activities, and Inspector General (IG) services for the Defense Nuclear Facilities Safety Board (DNFSB). These fees represent the cost of the NRC's services provided to applicants and licensees.

The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972, as amended (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG)(Admiralty and Maritime Law) has determined that USS JOHN WARNER (SSN 785) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

The green sea turtle (Chelonia mydas; hereafter referred to as the green turtle) is currently listed under the Endangered Species Act (ESA) as a threatened species, with the exception of the Florida and Mexican Pacific coast breeding populations, which are listed as endangered. We, NMFS and USFWS, find that the green turtle is composed of 11 distinct population segments (DPSs) that qualify as ``species'' for listing under the ESA. We propose to remove the current range-wide listing and, in its place, list eight DPSs as threatened and three as endangered. We also propose to apply existing protective regulations to the DPSs. We solicit comments on these proposed actions. Although not determinable at this time, designation of critical habitat may be prudent, and we solicit relevant information for those DPSs occurring within U.S. jurisdiction. In the interim, we propose to continue the existing critical habitat designation (i.e., waters surrounding Culebra Island, Puerto Rico) in effect for the North Atlantic DPS. This proposed rule also constitutes the 12-month finding on a petition to reclassify the Hawaiian green turtle population as a DPS and to delist that DPS. Although we find the Hawaiian green turtle population to constitute a DPS (referred to in this proposed rule as the Central North Pacific DPS), we do not find delisting warranted. A public hearing will be held in Hawai`i. Interested parties may provide oral or written comments at this hearing.

We are superseding Airworthiness Directive (AD) 2014-06-08 for certain Bombardier, Inc. Model DHC-8-100, -200, and -300 series airplanes. AD 2014-06-08 required repetitive functional checks of the nose and main landing gear, and corrective actions if necessary; and also provided optional terminating action modification for the repetitive functional checks. This new AD requires a terminating action modification. This AD was prompted by a report that the emergency downlock indication system (EDIS) had given a false landing gear down- and-locked indication and a determination that a terminating action modification is necessary to address the identified unsafe condition. We are issuing this AD to detect and correct a false down-and-locked landing gear indication, which, on landing, could result in possible collapse of the landing gear.

Tennessee has applied to the United States 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 this issue of the 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 Tennessee'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 this direct final rule before it takes effect, and the separate document published in the ``Proposed Rules'' section of this issue of the Federal Register will serve as the proposal to authorize the changes.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the South Park highway bridge across the Duwamish Waterway, mile 3.8, at Seattle, WA. The deviation is necessary to enable timely completion of drawbridge maintenance. This deviation allows the drawbridge to remain closed to mariners needing a full channel, double bascule leaf drawbridge opening. Vessels that only require a single leaf, half channel drawbridge opening, will be given such an opening upon signal.

This final rule makes technical and conforming amendments to the Drug Enforcement Administration regulations listing substances temporarily controlled under schedule I of the Controlled Substances Act. This final rule eliminates references to 7 substances that were previously subject to temporary control, but which have since been permanently controlled under schedule I, and redesignates 23 other substances that are currently temporarily controlled under schedule I. This action makes no substantive changes to the affected regulation.

The Food and Drug Administration (FDA) is announcing the termination of the Antiviral Drugs Advisory Committee. This document removes the Antiviral Drugs Advisory Committee from the Agency's list of standing advisory committees.

The Food and Drug Administration (FDA or we) is amending the color additive regulations to provide for the expanded safe use of synthetic iron oxide as a color additive to include use in soft and hard candy, mints, and chewing gum. This action is in response to a petition filed by Wm. Wrigley Jr. Company (Wrigley).

General Services Administration published in the Federal Register of August 21, 2014, a document amending the Federal Travel Regulation (FTR) concerning calculation of reimbursement for taxes on relocation and extended temporary duty (TDY) benefits. Inadvertently, sections pertaining to Employee Responsibilities and Agency Responsibilities in subpart F were not removed. This document removes those sections.

This proposed rule would add a new subpart to the Department of the Interior's (Department) regulations implementing the Indian Child Welfare Act (ICWA), to improve ICWA implementation by State courts and child welfare agencies. These regulations complement recently published Guidelines for State Courts and Agencies in Indian Child Custody Proceedings, reflect recommendations made by the Attorney General's Advisory Committee on American Indian/Alaska Native Children Exposed to Violence, and address significant developments in jurisprudence since ICWA's inception. This publication also announces the dates and locations for tribal consultation sessions and public meetings to receive comment on this proposed rule.

This action modifies Class E airspace at the Coaldale VHF Omni-Directional Radio Range Tactical Air Navigation Aid (VORTAC), Coaldale, NV, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Oakland Air Route Traffic Control Center (ARTCC). This action also corrects the Title of this rulemaking by classifying this action as an amendment of versus establishment of Class E airspace, as reflected in the NRPM. This action enhances the safety and management of IFR operations within the National Airspace System (NAS).

This action proposes to amend Class E Airspace at Dyersburg, TN as the Dyersburg VORTAC has been decommissioned, requiring airspace redesign at Dyersburg Regional Airport, formerly Dyersburg Municipal Airport. This action would enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also would update the geographic coordinates of airport.

This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures 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 for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

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.

We are superseding an airworthiness directive (AD) 2014-06-03 for British Aerospace Regional Aircraft Model Jetstream Series 3101 and Jetstream Model 3201 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 stress corrosion cracking of the main landing gear spigot housing. We are issuing this AD to require actions to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for certain Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the upper and lower rainbow fittings on the outer wing are subject to widespread fatigue damage (WFD). This AD requires repetitive inspections of the upper and lower rainbow fittings on the outer wing to detect cracks propagating from fasteners attaching the fittings to skin panels, and related investigative and corrective actions if necessary; and replacement of the upper and lower rainbow fittings on the outer wing. We are issuing this AD to prevent fatigue cracking of the upper and lower rainbow fittings on the outer wing and skin-panel- to-fitting fastener holes, which could result in reduced structural integrity of the airplane and possible separation of the wing from the airplane.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the draw of the Coleman Memorial Bridge (US 17/George P. Coleman Memorial Swing Bridge) across the York River, mile 7.0, between Gloucester Point and Yorktown, VA. This deviation is necessary to facilitate maintenance work on the moveable spans on the Coleman Memorial Bridge. This temporary deviation allows the drawbridge to remain in the closed to navigation position.

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International, Inc. (Holtec), HI-STORM Flood/Wind (FW) System listing within the ``List of approved spent fuel storage casks'' to add Amendment No. 1, Revision 1, to Certificate of Compliance (CoC) No. 1032. Amendment No. 1, Revision 1, allows these casks to accept 14X14B fuel assemblies with minor changes in the internal diameter of the fuel cladding, diameter of the fuel pellet, and spacing between the fuel pins. The amendment also updates testing requirements for the fabrication of Metamic HT neutron-absorbing structural material.

The Coast Guard is modifying the operating schedule that governs the Pinellas Bayway Structure ``E'' (SR 679) Bridge, Gulf Intracoastal Waterway mile 113.0, St. Petersburg Beach, FL. This will extend the time period when the bridge is subject to periodic closings. During this extended time period the bridge will not open on demand.

The National Marine Fisheries Service (NMFS) publishes its final Annual Determination (AD) for 2015, pursuant to its authority under the Endangered Species Act (ESA). Through the AD, NMFS identifies U.S. fisheries operating in the Atlantic Ocean, Gulf of Mexico, and Pacific Ocean that will be required to take observers upon NMFS' request. The purpose of observing identified fisheries is to learn more about sea turtle interactions in a given fishery, evaluate measures to prevent or reduce sea turtle takes, and implement the prohibition against sea turtle takes. Fisheries identified on the 2015 AD (see Table 1) will be eligible to carry observers as of January 1, 2015 and will remain on the AD for a five-year period. The fisheries listed on the final determination will be required to carry observers upon NMFS' request until December 31, 2019.

We are adopting a new airworthiness directive (AD) for Stemme AG TSA-M Models S6 and S6-RT gliders. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as a bending defect of the fork head installed in the aileron, speed brake, and flap control systems. We are issuing this AD to require actions to address the unsafe condition on these products.