March 2012 – Federal Register Recent Federal Regulation Documents

In this final rule, which was preceded by a notice of proposed rulemaking, NHTSA is making several housekeeping amendments to the Federal motor vehicle safety standard for bus emergency exits. First, based on a proposal made in response to a petition for rulemaking from the School Bus Manufacturers Technical Council (SBMTC), NHTSA amends the standard to specify that the exterior release (the exterior handle) for school bus rear emergency exit doors may be located opposite the door hinges, rather than located in the middle of the door. Second, this final rule also clarifies the standard as to the number of force applications that are required to open a window or roof emergency exit. Third, in response to a comment on the proposed rule, this document makes a technical correction by removing a reference to a no-longer existent figure. These amendments correct or clarify the requirements of the standard. We believe most, if not all, school buses are currently designed to meet the corrected or clarified requirements.

The Coast Guard is establishing a temporary security zone in the navigable waters of the San Francisco Bay, Alameda, CA within the San Francisco Captain of the Port (COTP) Zone. The security zone is necessary to ensure the safety of the USCGC STRATTON commissioning ceremony.

As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Guam-CNMI Visa Waiver Information (CBP Form I-736). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).

The OCC, Board, and the FDIC (collectively, the Agencies) request comment on proposed guidance on leveraged lending (proposed guidance). The proposed guidance outlines high-level principles related to safe and sound leveraged lending activities, including underwriting considerations, assessing and documenting enterprise value, risk management expectations for credits awaiting distribution, stress testing expectations and portfolio management, and risk management expectations. This proposed guidance would apply to all Federal Reserve-supervised, FDIC-supervised, and OCC-supervised financial institutions substantively engaged in leveraged lending activities. The number of community banking organizations with substantial exposure to leveraged lending is very small; therefore the Agencies generally expect that community banking organizations largely would be unaffected by this guidance.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and 41 CFR 102-3.50(d), the Department of Defense gives notice that it is renewing the charter for the Air University Board of Visitors (hereafter referred to as ``the Board''). The Board is a discretionary federal advisory committee that shall provide the Secretary of Defense through the Secretary of the Air Force, independent advice and recommendations on educational and doctrinal and research policies and activities of Air University. The Board shall: a. Review and evaluate progress of the educational programs and the support activities of the university; b. Review and evaluate the published statement of purpose, institutional polices, and financial resources of the university; and c. Review and evaluate the educational effectiveness, quality of student learning, administrative and educational support services, and teaching, research and public service of the university. The Secretary of the Air Force may act upon the Board's advice and recommendations. The Board shall be comprised of no more 35 members appointed by the Secretary of Defense who are eminent authorities in the field of air power, defense, management, leadership, and academia. All Board member appointments must be renewed by the Secretary of Defense on an annual basis. The Board's Chairperson shall be elected by a vote of the membership and approved by the Air University Commander and President. The President of the Naval Postgraduate School shall serve as an ex- offico member. Board members, who are not full-time or permanent part-time Federal officers or employees, shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. Sec. 3109 and shall serve as special government employee members. With the exception of travel and per diem for official Board related travel, Board members shall serve without compensation. Each Board member is appointed to provide advice on behalf of the government on the basis of his or her best judgment without representing any particular point of view and in a manner that is free from conflict of interest. The Department, when necessary, and consistent with the Board's mission and DoD policies and procedures, may establish subcommittees deemed necessary to support the Board. Establishment of subcommittees will be based upon a written determination, to include terms of reference, by the Secretary of Defense, the Deputy Secretary of Defense or the advisory committee's sponsor. The Committee shall establish five permanent subcommittees: 1. The Academic Affairs Subcommittee shall be comprised of nine members. The primary focus of the subcommittee is to provide advice and recommendations to the AU Board of Visitors concerning policies and practices concerning all academic matters across the university. More specifically, the subcommittee will review schools, programs, degree programs, academic and strategic plans, legislative and accreditation issues. The subcommittee will also review policies and practices on academic personnel (appointment, promotion, tenure, sabbaticals, etc) and the registrar functions. The estimated number and frequency of subcommittee meetings is two per year. 2. The Air Force Institute of Technology (AFIT) subcommittee shall be comprised of eight members. The primary focus of the subcommittee is to provide advice and recommendations to the Air University Board of Visitors concerning engineering and technology graduate programs. The estimated number and frequency of subcommittee meetings is one per year. 3. The Future Learning and Technology Subcommittee shall be comprised of six members. The subcommittee's primary focus is to provide advice and recommendations to the Air University Board of Visitors concerning the appropriate use of technology in delivery of educational programs; effective and efficient use of administrative computing; duplication; technological challenges, and implementation of new learning environments. The estimated number and frequency of subcommittee meetings is two per year. 4. The Institutional Advancement Subcommittee shall be comprised of nine members. The primary focus of the subcommittee is to provide advice and recommendations to the Air University Board of Visitors concerning policies regarding: federal and state grants and private funding of research, teaching and service (Grants); Air University Foundation; alumni affairs; community and outreach matters; public affairs/external relations; public relations, branding, advertising, news and information; facilities improvements and initiatives; strategic plans; spending and policy decisions (budget, contracts, salaries, etc.); tracking and analysis of administrative costs and effectiveness; reviewing proposed additions and renovations of existing facilities; and recommendations of candidates for Air University honorary degrees. The estimated number and frequency of subcommittee meetings is two per year. 5. The Air University Research Subcommittee shall be comprised of six members. The primary focus of the subcommittee is to provide advice and recommendations to the Air University Board of Visitors concerning research processes across the University (to include the Air Force Institute of Technology (AFIT), Air War College (AWC), Air Command and Staff College (ACSC), School of Advanced Air and Space Studies (SAASS), Air Force Research Institute (AFRI) and Fairchild Research Information Center (FRIC)) as well as discuss publication opportunities that enhance the University's effect across the Air Force and the world wide. The estimated number and frequency of subcommittee meetings is two per year. Such subcommittees shall not work independently of the chartered Board, and shall report all their recommendations and advice to the Board for full deliberation and discussion. Subcommittees have no authority to make decisions on behalf of the chartered Board; nor can any subcommittee or its members update or report directly to the DoD or any Federal officers or employees. Subcommittees shall comply with FACA. All subcommittee members shall be appointed in the same manner as the Board members; that is, the Secretary of Defense shall appoint subcommittee members even if the member in question is already a Board member. Subcommittee members, if not full-time or part-time government employees, shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. Sec. 3109, and shall serve as special government employees, whose appointments must be renewed by the Secretary of Defense on an annual basis. With the exception of travel and per diem for official Board related travel, subcommittee members shall serve without compensation. All subcommittees operate under the provisions of FACA, the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), governing Federal statutes and regulations, and governing DoD policies/ procedures.

In accordance with the requirements of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, the Health Resources and Services Administration (HRSA) is publishing a notice to alter the system of records for the National Practitioner Data Bank for Adverse Information on Physicians and Other Health Care Practitioners, HHS/HRSA/BHPR. The System of Records Notice (SORN) 09-15-0054 was last published on October 1, 2010 (75 FR 60763). The Health Care Quality Improvement Act of 1986, as amended, title IV of Public Law 99-660 (42 U.S.C. 11101 et seq.) authorized the Secretary to establish a National Practitioner Data Bank (NPDB) to collect and release certain information relating to the professional competence and conduct of physicians, dentists, and other health care practitioners. By law, the information is releasable only to the specific entities described in the SORN. The law requires the maintenance of records such as medical malpractice payments, adverse licensure and clinical privilege actions, disciplinary actions taken by Boards of Medical Examiners, and professional review actions taken by entities against physicians, dentists, and other healthcare practitioners. Section 1921 of the Social Security Act, as amended, expands reporting to the NPDB to authorize maintenance of records of adverse licensure actions and negative actions or findings taken by a State licensing authority, peer review organization, or private accreditation entity against all health care practitioners or healthcare entities. The primary purpose of this alteration is to publish the Privacy Act exemptions that became necessary after implementation of Section 1921, which entitles law enforcement agencies to access NPDB information and which therefore requires a similar exemption from certain provisions of the Privacy Act that the Healthcare Integrity and Protection Data Bank (HIPDB) has for investigative materials. Because some of the records may be queried by law enforcement agencies for investigative purposes (i.e., as opposed to employment or other purposes), the system will be exempt from certain Privacy Act requirements to the extent necessary to avoid revealing law enforcement investigative interest and compromising law enforcement investigations. Another purpose of this alteration is to add a new routine use pertaining to system security, which is being added to other SORNs published by HHS.

This document cancels a public hearing on proposed rulemaking that provides guidance relating to the allocation and apportionment of interest expense.

Section 608(d) of the Millennium Challenge Act of 2003 (the ``Act'') requires the Millennium Challenge Corporation to publish a report that identifies countries that are ``candidate countries'' for Millennium Challenge Account assistance during FY 2012. In December 2011, Congress enacted changes in MCC's FY 2012 appropriation that redefined candidate countries for FY 2012 as part of the Consolidated Appropriations Act, 2012 (Pub. L. 112-74) (the ``Appropriations Act'').\1\ While this does not affect the compact or threshold program eligibility decisions made at the December 2011 MCC Board meeting, it does alter the income classification of some candidate countries. As such, it is necessary for MCC to revise its FY 2012 Candidate Country Report. This revised report incorporates the new definitions and the subsequent reclassification of countries. The report is set forth in full below and updates the report published November 8, 2011 (76 FR 69291).

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A). Currently the Bureau of the Public Debt within the Department of the Treasury is soliciting comments concerning the Application For Disposition Of Retirement Plan and/or Individual Retirement Bonds Without Administration Of Deceased Owner's Estate.

The Federal Communications Commission (FCC), as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act (PRA) of 1995. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and (e) ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.

NMFS has received an application from the U.S. Navy (Navy) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to conducting training exercises at the Silver Strand Training Complex (SSTC) in the vicinity of San Diego Bay, California. Subsequently, additional information on marine mammals and proposed improvement on marine mammal monitoring and mitigation measures was received from the Navy. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to the Navy to incidentally harass, by Level B Harassment only, eight species of marine mammals during the specified activity.

NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the first seasonal apportionment of the Pacific halibut bycatch allowance specified for the shallow-water species fishery in the GOA has been reached.

NMFS is opening directed fishing for pollock in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to fully use the 2012 total allowable catch of pollock in the West Yakutat District of the GOA.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to separate provisions and clauses that are currently combined in order to be in compliance with DFARS drafting conventions.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2012, to remove a congressional notification requirement for single source task- or delivery-order contract awards over $103 million.

In accordance with the National Environmental Policy Act of 1969 (NEPA), as amended, and the Federal Land Policy and Management Act of 1976, as amended, the Bureau of Land Management (BLM) has prepared a Final Supplemental Environmental Impact Statement (EIS) and a Record of Decision (ROD) for the Upper Las Vegas Wash Conservation Transfer Area, Las Vegas, Nevada, and by this notice is announcing their availability.

DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2012 that requires that the statutory limitation on the acquisition of right-hand drive passenger sedans be included on the list of dollar thresholds subject to inflation adjustment.

The Advisory Committee on Earthquake Hazards Reduction (ACEHR or Committee), will hold a meeting via teleconference on Friday, April 20, 2012 from 1 p.m. to 3 p.m. Eastern Time. The primary purpose of this meeting is to develop the Committee's draft annual report to the NIST Director. Any draft meeting materials will be posted on the NEHRP Web site at https://nehrp.gov/. Interested members of the public will be able to participate in the meeting from remote locations by calling into a central phone number.

We are superseding an existing airworthiness directive (AD) for Goodrich Evacuation Systems approved under TSO TSO-C69b and installed on Model A330-200 and -300 series airplanes, Model A340-200 and -300 series airplanes, and Model A340-500 and -600 series airplanes. That AD currently requires inspecting to determine the part number of the pressure relief valves on the affected Goodrich evacuation systems, and corrective action if necessary. This new AD requires inspecting to determine the part number of the pressure relief valves on the affected Goodrich evacuation systems and replacing certain pressure relief valves, and adds airplanes to the applicability. This AD was prompted by reports that during workshop testing, certain pressure relief valves, which were required by the existing AD, did not seal and allowed the pressure in certain slides/ rafts to fall below the minimum raft mode pressure for the unit. We are issuing this AD to prevent loss of pressure in the escape slides/rafts after an emergency evacuation, which could result in inadequate buoyancy to support the raft's passenger capacity during ditching and increase the chance for injury to raft passengers.

We are adopting a new airworthiness directive (AD) for all DASSAULT AVIATION Model MYSTERE-FALCON 900 airplanes. This AD was prompted by multiple reports of fuel leakage from a defective fuel high-level sensor located in the wing front spar. This AD requires inspecting to determine fuel quantity sensors part numbers and replacing of certain fuel quantity sensors with new fuel quantity sensors. We are issuing this AD to prevent internal fuel leakage with significant fuel vapors, which could result in a fire hazard.

This document contains proposed regulations implementing amendments to the Black Lung Benefits Act (BLBA or Act) made by the Patient Protection and Affordable Care Act (ACA). The ACA amended the BLBA in two ways. First, it revived a rebuttable presumption of total disability or death due to pneumoconiosis for certain claims. Second, it reinstituted derivative entitlement to benefits for certain eligible survivors of coal miners whose lifetime benefit claims were awarded because they were totally disabled due to pneumoconiosis. These survivors need not also prove that the miner died due to coal workers' pneumoconiosis. The proposed rules would clarify how the statutory presumption may be invoked and rebutted and the application and scope of the derivative-survivor-entitlement provision. The proposed rules also eliminate several unnecessary or obsolete provisions.