July 2013 – Federal Register Recent Federal Regulation Documents

EPA is issuing a supplement to its proposed approval of the State of West Virginia's request to redesignate the West Virginia portion of the Wheeling, WV-OH fine particulate matter (PM2.5) nonattainment area (Wheeling Area or Area) to attainment for the 1997 annual PM2.5 national ambient air quality standard (NAAQS). This supplemental proposal revises and expands the basis for proposing approval of the State's request in light of developments since EPA issued its initial proposal on December 11, 2012. This supplemental proposal addresses the effects of the decision of the United States Court of Appeals for the District of Columbia (D.C. Circuit Court) on January 4, 2013 to remand to EPA two final rules implementing the PM2.5 NAAQS. EPA is seeking comment only on the issues raised in this supplemental proposal and is not reopening for comment other issues raised in its prior proposal.

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 IRS is soliciting comments concerning Automatic Data Processing.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) described below is being forwarded to the Office of Management and Budget (OMB) for approval for renewal of information collection supporting a multi-year research study that aims at improving rail safety by analyzing information on close calls and other unsafe occurrences in the rail industry. The ICR describes the nature of the information collection. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on May 10, 2013 (78 FR 27479) and the comment period ended on July 10, 2013. The 60-day notice produced no comments.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below will be forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected burden. The Federal Register Notice with a 60-day comment period was published on April 18, 2013 (78 FR 23330). No comments were received. Comments: Comments should be directed to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503, Attention NHTSA Desk Officer. Type of Request: Extension of a currently approved collection. Form Number: This collection of information uses no standard forms.

The Coast Guard is temporarily changing the enforcement date of a safety zone for one recurring fireworks display in the Fifth Coast Guard District. This regulation applies to only one recurring fireworks event held in the Metedeconk River in Brick Township, NJ. The fireworks display is normally held on the first Thursday in September, but this year it will be held on July 25th. The safety zone is necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in a portion of Delaware River near Philadelphia, Pennsylvania, during the event.

We are adopting a new airworthiness directive (AD) for Eurocopter Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, and AS350D1 helicopters with a single hydraulic system and a certain hydraulic pump drive installed. This AD requires inspecting the hydraulic pump drive pulley bearing (pulley bearing) for leaks, rust, overheating, and condition. This AD is prompted by six reports of hydraulic pump drive belt failure caused by seizure of the pulley bearing. These actions are intended to prevent hydraulic pump drive belt failure, loss of hydraulic servo assistance, and subsequent loss of control of the helicopter.

The Toxic Substances Control Act (TSCA) Interagency Testing Committee (ITC) transmitted its 72nd ITC Report to the Acting EPA Administrator on June 13, 2013. In the 72nd ITC Report, which is included with this notice, the ITC is revising the TSCA section 4(e) Priority Testing List by removing 16 chemicals with insufficient dermal absorption rate data, 98 High Production Volume (HPV) Challenge Program orphan chemicals, and 50 diisocyanates and related compounds. The ITC is removing 16 chemicals with insufficient dermal absorption rate data because information from dermal studies can be readily obtained through the Organization for Economic Cooperation and Development (OECD) and EPA databases or other authoritative scientific resources. The ITC is removing the 98 HPV Challenge Program orphan chemicals because they no longer meet the = 1 million lb criterion for the HPV Challenge Program. The ITC is removing the 50 diisocyanates and related compounds because their production or importation volumes were not reported to the 2006 Inventory Update Reporting (IUR) rule or the 2012 Chemical Data Reporting (CDR) rule.

HUD's HOME Investment Partnerships Program (HOME program or HOME) provides formula grants to states and units of local government to fund a wide range of activities directed to producing or maintaining affordable housing, including homebuyer and homeowner housing and rental housing. This final rule amends the HOME regulations to address many of the operational challenges facing participating jurisdictions, particularly challenges related to recent housing market conditions and the alignment of federal housing programs. The final rule also clarifies certain existing regulatory requirements and establishes new requirements designed to enhance accountability by States and units of local government in the use of HOME funds, strengthen performance standards and require more timely housing production. The final rule also updates property standards applicable to housing assisted by HOME funds.

This rule amends some of the final mortgage rules issued by the Bureau of Consumer Financial Protection (Bureau) in January of 2013. These amendments clarify, correct, or amend provisions on the relation to State law of Regulation X's servicing provisions; implementation dates for adjustable-rate mortgage servicing; exclusions from requirements on higher-priced mortgage loans; the small servicer exemption from certain servicing rules; the use of government-sponsored enterprise and Federal agency purchase, guarantee or insurance eligibility for determining qualified mortgage status; and the determination of debt and income for purposes of originating qualified mortgages.

We are adopting amendments to Rule 506 of Regulation D and Rule 144A under the Securities Act of 1933 to implement Section 201(a) of the Jumpstart Our Business Startups Act. The amendment to Rule 506 permits an issuer to engage in general solicitation or general advertising in offering and selling securities pursuant to Rule 506, provided that all purchasers of the securities are accredited investors and the issuer takes reasonable steps to verify that such purchasers are accredited investors. The amendment to Rule 506 also includes a non-exclusive list of methods that issuers may use to satisfy the verification requirement for purchasers who are natural persons. The amendment to Rule 144A provides that securities may be offered pursuant to Rule 144A to persons other than qualified institutional buyers, provided that the securities are sold only to persons that the seller and any person acting on behalf of the seller reasonably believe are qualified institutional buyers. We are also revising Form D to require issuers to indicate whether they are relying on the provision that permits general solicitation or general advertising in a Rule 506 offering. Also today, in a separate release, to implement Section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, we are adopting amendments to Rule 506 to disqualify issuers and other market participants from relying on Rule 506 if ``felons and other `bad actors' '' are participating in the Rule 506 offering. We are also today, in a separate release, publishing for comment a number of proposed amendments to Regulation D, Form D and Rule 156 under the Securities Act that are intended to enhance the Commission's ability to evaluate the development of market practices in Rule 506 offerings and address certain comments made in connection with implementing Section 201(a)(1) of the Jumpstart Our Business Startups Act.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the Sonny Bono Salton Sea National Wildlife Refuge (NWR) Complex, which includes the Sonny Bono Salton Sea NWR and the Coachella Valley NWR. The Draft CCP/EA, prepared under the National Wildlife Refuge System Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, describes how the Service proposes to manage the two Refuges for the next 15 years. A hunt plan, draft compatibility determinations for existing public uses, a draft predator management plan, and a draft integrated pest management plan are also available for review and public comment with the Draft CCP/EA.

The Commission has before it a petition for rulemaking filed by KGAN Licensee, LLC (``KGAN Licensee''), the licensee of KGAN(TV), channel 51, Cedar Rapids, Iowa, requesting the substitution of channel 29 for channel 51 at Cedar Rapids. While the Commission instituted a freeze on the acceptance of full power television rulemaking petitions requesting channel substitutions in May 2011, it subsequently announced that it would lift the freeze to accept such petitions for rulemaking seeking to relocate from channel 51 pursuant to a voluntary relocation agreement with Lower 700 MHz A Block licensees. KGAN Licensee has entered into such a voluntary relocation agreement with King Street Wireless, L.P., stating that operating on channel 29 would remove any potential interference with a wireless operation located directly adjacent to channel 51 in Cedar Rapids. KGAN Licensee believes the grant of this petition would serve the public interest.

This notice announces the addition of a new Categorical Exclusion (CATEX) for Real Property Disposal under the National Environmental Policy Act (NEPA). This CATEX amends the United States Coast Guard and Department of Homeland Security NEPA implementing procedures by establishing a new CATEX for real property disposal undertaken by the United States Coast Guard. With this CATEX, the Coast Guard will be able to dispose of real property under certain authorities without preparing an environmental assessment or environmental impact statement.

EPA is granting the California Air Resources Board (CARB) its request for a waiver of preemption for emission standards and related test procedures contained in its urban bus regulations as they affect the 2002 and later model years. Urban buses are conventionally powered by a heavy-duty diesel engine that falls within the heavy-duty vehicle classification of greater than 33,000 pounds gross vehicle weight, and are intended primarily for intra-city operation, i.e., within the confines of a city or greater metropolitan area.

On May 28, 2013, notice was published on page 32000 of the Federal Register (volume 78, number 102) of determinations made by the Department of State pertaining to the exhibition ``Before and After the Horizon: Anishinaabe Artists of the Great Lakes.'' The referenced notice is corrected here to include additional objects as part of the exhibition. Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236-3 of August 28, 2000, I hereby determine that the additional objects to be included in the exhibition ``Before and after the Horizon: Anishinaabe Artists of the Great Lakes,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit objects at the National Museum of the American Indian, New York, New York, from on or about August 3, 2013, until on or about June 15, 2014, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register.

NIST is extending the deadline for submitting comments regarding NIST's planning for a Federal Funding Opportunity (FFO) for new manufacturing technology acceleration centers (M-TACs). NIST anticipates issuing the FFO in fiscal year 2014 (FY14), subject to the availability of appropriated funding. The new comment deadline is Monday, August 5, 2013. NIST will accept comments submitted only via email during the extended time period.

This notice publishes the Class III Amended and Restated Tribal-State Gaming Compact between the Shingle Springs Band of Miwok Indians and the State of California taking effect.

EPA is announcing a 45-day public comment period on the draft IRIS assessment titled, ``Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide'' (EPA/635/R-13/128a) and on the draft peer review charge questions. The draft assessment and draft peer review charge questions were prepared by the National Center for Environmental Assessment (NCEA) within the EPA Office of Research and Development (ORD). The 45-day public comment period on the draft Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide and on the draft peer review charge questions begins on the day EPA posts the draft assessment and the draft peer review charge questions on the IRIS Web site and ends 45 days later. EPA anticipates posting the draft assessment and draft charge questions on or around July 23, 2013. Shortly after the draft carcinogenicity assessment is posted on the IRIS Web site, EPA will initiate a peer review of the draft assessment, which EPA anticipates will be undertaken by the Science Advisory Board. EPA is releasing this draft carcinogenicity assessment for the purpose of public comment. This draft assessment is not final, as described in EPA's information quality guidelines, and it does not represent and should not be construed to represent Agency policy or views.