June 2015 – Federal Register Recent Federal Regulation Documents

The NTSB proposes a new subpart within part 800 of its regulations to outline the NTSB's rulemaking procedures.

Much of the information set out in certain regulations regarding HHS's programs and activities is obsolete. Also, electronic resources are now available that did not exist when this part was first codified. This rule removes these obsolete regulations.

Under the Federal Clean Air Act (Act), the Environmental Protection Agency (EPA) is approving revisions to the New Mexico State Implementation Plan (SIP). These revisions update the transportation conformity rules and remove the general conformity provisions.

FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) by requiring United States-domiciled (U.S.- domiciled) motor carriers engaged in interstate commerce to use only commercial motor vehicles (CMV) that display a certification label affixed by the vehicle manufacturer or a U.S. Department of Transportation (DOT) Registered Importer, indicating that the vehicle satisfied all applicable Federal Motor Vehicle Safety Standards (FMVSS) in effect at the time of manufacture. If the certification label is missing, the motor carrier must obtain, and a driver upon demand present, a letter issued by the vehicle manufacturer stating that the vehicle met all applicable FMVSS in effect at the time of manufacture.

NMFS implements accountability measures (AMs) for the commercial sector for the lesser amberjack, almaco jack, and banded rudderfish complex in the South Atlantic for the 2015 fishing year through this temporary rule. Commercial landings for the lesser amberjack, almaco jack, and banded rudderfish complex, as estimated by the Science and Research Director, are projected to reach their combined commercial annual catch limit (ACL) on June 23, 2015. Therefore, NMFS closes the commercial sector for this complex on June 23, 2015, through the remainder of the fishing year in the exclusive economic zone (EEZ) of the South Atlantic. This closure is necessary to protect the lesser amberjack, almaco jack, and banded rudderfish resources.

On March 23, 2015, we (NMFS and USFWS, or the Services) published a proposed rule to revise the green sea turtle (Chelonia mydas; hereafter referred to as the green turtle) listings under the Endangered Species Act (ESA). We proposed to remove the current range- wide listing and, in its place, list eight distinct population segments (DPSs) as threatened and three as endangered. We opened a public comment period that lasted through June 22, 2015, announced a public hearing in Honolulu, Hawaii, and solicited requests for additional public hearings. With this document, we announce additional public hearings in Guam, the Commonwealth of the Northern Mariana Islands (CNMI), and American Samoa. To allow adequate time for comments after the last public hearing, we extend the public comment period through July 27, 2015.

The Office of Personnel Management is issuing proposed regulations to implement section 2 of the Border Patrol Agent Pay Reform Act of 2014, as amended, which established a new method of compensating Border Patrol agents for overtime work. Payments under this new provision will become payable beginning with the first pay period beginning in January 2016. These regulations affect only Border Patrol agents in the U.S. Customs and Border Protection component of the Department of Homeland Security.

We propose to adopt a new airworthiness directive (AD) for all General Electric Company (GE) GEnx-1B turbofan engine models. This proposed AD was prompted by reports of GEnx-1B engine oil loss. This proposed AD would require removal and replacement of the non-conforming ball valve in the oil filler cap. We are proposing this AD to prevent loss of engine oil, which could lead to failure of one or more engines, loss of thrust control, and damage to the airplane.

The Health Resources and Services Administration (HRSA) administers section 340B of the Public Health Service Act (PHSA), which is referred to as the ``340B Drug Pricing Program'' or the ``340B Program.'' This proposed rule will apply to all drug manufacturers that are required to make their drugs available to covered entities under the 340B Program. The proposed rule sets forth the calculation of the ceiling price and application of civil monetary penalties.

As part of the President's Export Control Reform effort, the Department of State proposes to amend the International Traffic in Arms Regulations (ITAR) to revise Categories XIV (toxicological agents, including chemical agents, biological agents, and associated equipment) and XVIII (directed energy weapons) of the U.S. Munitions List (USML) to describe more precisely the articles warranting control on the USML. The revisions contained in this rule are part of the Department of State's retrospective plan under E.O. 13563 completed on August 17, 2011. The Department of State's full plan can be accessed at https:// www.state.gov/documents/organization/181028.pdf.

The FAA requests public comment on removal of the current transponder exception for gliders. This action responds to recommendations from members of Congress and the National Transportation Safety Board. The purpose of this action is to gather information to determine whether the current glider exceptionfrom transponder equipment and use requirementsprovides the appropriate level of safety in the National Airspace System. The FAA will use the information gathered from this action to determine whether additional transponder equipment and use requirements are necessary for gliders operating in the excepted areas.

This action amends Title 14 Code of Federal Regulations (14 CFR) part 73 by making an editorial change to the location names listed in the titles of restricted areas R-5301, R-5302A, R-5302B, and R-5302C in North Carolina. There are no changes to the boundaries; designated altitudes; time of designation, activities conducted within the restricted areas or the actual physical locations of the restricted areas.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect application-related actions for new animal drug applications (NADAs) and abbreviated new animal drug applications (ANADAs) during March and April 2015. FDA is also informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable. The animal drug regulations are also being amended to reflect several nonsubstantive changes. These technical amendments are being made to improve the accuracy of the regulations.

This proposed rule would adjust the number of members on the United Soybean Board (Board) to reflect changes in production levels that have occurred since the Board was last reapportioned in 2012. As required by the Soybean Promotion, Research, and Consumer Information Act (Act), membership on the Board is reviewed every 3 years and adjustments are made accordingly. This proposed change would result in an increase in Board membership for three States, increasing the total number of Board members from 70 to 73. These changes would be reflected in the Soybean Promotion and Research Order (Order) and would be effective for the 2016 appointment process.

We propose to supersede Airworthiness Directive (AD) 97-02-02, which applies to certain Models SA26-AT, SA26-T, SA226-AT, SA226-T, SA226-T(B), SA226-TC, SA227-AC (C-26A), SA227-AT, SA227-BC (C-26A), SA227-CC, SA227-DC (C-26B), and SA227-TT airplanes. AD 97-02-02 currently requires applying torque to the control column pitch bearing attaching nuts, inspecting the bearing assembly, inspecting the elevator control rod end bearing retainer/dust seals, and replacing or installing new parts as necessary. Since we issued AD 97-02-02, an operator experienced a complete loss of elevator control because of failure of the bolt attaching the elevator control rod to the elevator walking beam under the cockpit floor. This proposed AD would prevent loss of pitch control, which if not corrected, could result in loss of airplane control. We are proposing this AD to correct the unsafe condition on these products.

In this document, the Commission resolves several pending matters in the proceeding that established the network outage reporting rules. The Commission declines to adopt a proposal to expand its ``special offices and facilities'' outage reporting requirements to cover general aviation airports and it disposes of seven petitions for reconsideration. Each petition is granted, denied, or dismissed to the extent indicated.

This document contains final regulations that provide guidance under sections 2010 and 2505 of the Internal Revenue Code on the estate and gift tax applicable exclusion amount, in general, as well as on the applicable requirements for electing portability of a deceased spousal unused exclusion (DSUE) amount to the surviving spouse and on the applicable rules for the surviving spouse's use of this DSUE amount. The statutory provisions underlying the portability rules were enacted as part of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, and these provisions were made permanent by the American Taxpayer Relief Act of 2012. The portability rules affect the estates of married decedents dying on or after January 1, 2011, and the surviving spouses of those decedents.

We are adopting a new airworthiness directive (AD) for Avidyne Corporation (Avidyne) Integrated Flight Displays (IFDs) part number (P/ N) 700-00083-() loaded with software release 9.3.1.0 or earlier release (referred to as Model R910 inch), P/N 700-00171-() loaded with software release 9.2.5.0 or earlier release (referred to as Model R9 12 inch), and P/N 700-00182-() loaded with software release 10.0.3.0 or earlier release (referred to as Model IFD540). This emergency AD was sent previously to all known U.S. owners and operators of all aircraft that incorporate the above referenced Avidyne IFDs. This AD requires incorporating an operational limitation into the Limitations section of the airplane flight manual (AFM) or airplane flight manual supplement (AFMS). This AD was prompted by reports of Avidyne IFDs displaying incorrect course deviation indication information during GPS approaches (incorrect display of lateral deviations). We are issuing this AD to correct the unsafe condition on these products.

The Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement the recommendations presented at the November 2013 Australia Group (AG) intersessional implementation meeting and later adopted pursuant to the AG silent approval procedure. Specifically, this rule amends the Commerce Control List (CCL) entry in the EAR that controls certain human and zoonotic pathogens and toxins, and removes the CCL entry that controls certain animal pathogens to reflect the merger of two AG common control lists based on recommendations presented at the AG intersessional implementation meeting. As a result of these recommendations, the AG ``List of Animal Pathogens for Export Control'' was merged with the AG ``List of Biological Agents for Export Control,'' creating a single AG common control list for these items (i.e., the AG ``List of Human and Animal Pathogens and Toxins for Export Control''). The scope of the controls on these human and animal pathogens and toxins was not affected by the merger of the two lists into a single AG common control list. This rule also makes conforming amendments to other provisions in the EAR to reflect these changes. In addition, this rule amends the CCL entry that controls chemical manufacturing facilities and equipment to reflect changes to the AG ``Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology and Software,'' based on the November 2013 AG intersessional recommendation to revise controls on certain valves, casings (valve bodies) designed for such valves, and preformed casing liners designed for such valves. This rule also amends this CCL entry to add a Technical Note clarifying how the terms ``multi-seal'' and ``seal-less'' are used with respect to the controls on pumps. In a change unrelated to any revisions to the AG common control lists or guidelines, this rule also amends this CCL entry to authorize the use of License Exception LVS for specified shipments. This rule does not contain changes based on the understandings reached at the June 2014 AG Plenary meeting, because no amendments to the EAR were required as a result of these understandings.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 747-8F and 747-8 series airplanes. This AD was prompted by reports of delamination damage to leading edge (LE) variable camber krueger (VCK) flaps. This AD requires repetitive inspections to detect delamination damage of the lightning strike applique (LSA) on certain LE VCK flaps, and corrective actions if necessary. We are issuing this AD to detect and correct delamination damage to certain LE VCK flaps, which can reduce the lightning strike protection capability on certain LE VCK flaps and result in an uncommanded motion of the trailing edge flap system; such uncommanded flap motion, without shutdown of the trailing edge or leading edge flaps, could cause unexpected changes in lift, potentially resulting in asymmetric lift and loss of control of the airplane.

We are adopting a new airworthiness directive (AD) for all Airbus Model A318, A319, A320, and A321 series airplanes. This AD was prompted by a report of corrosion found during the manufacturing process for some oxygen pipe assemblies that are used to supply oxygen to the flightcrew. This AD requires an inspection to determine the batch number or installation date of the oxygen pipe assembly that is installed at the end of the right-hand crew distribution line, and, if necessary, replacement of the pipe. We are issuing this AD to detect and correct corrosion, which could lead to blocked or reduced oxygen supply to a flightcrew member during a decompression event or a smoke/ fire event in the cockpit. Under certain conditions, corrosion particles could increase the risk of fire in the cockpit.

We propose to adopt a new airworthiness directive (AD) for certain B/E Aerospace protective breathing equipment (PBE) that is installed on airplanes. This proposed AD was prompted by reports of a compromise in the vacuum seal of the pouch that contains the PBE. This proposed AD would require inspecting the PBE to determine if the pouch has the proper vacuum seal. We are proposing this AD to correct the unsafe condition on these products.