September 2013 – Federal Register Recent Federal Regulation Documents

The FDIC is adopting a final rule (``Final Rule'') that amends its deposit insurance regulations with respect to deposits in foreign branches of U.S. insured depository institutions (``IDI'' or ``U.S. bank''). The Final Rule clarifies that deposits in branches of U.S. banks located outside the United States are not FDIC-insured deposits. This would be the case even if they are also payable at an office within the United States (``dual payability''). As discussed further below, a pending proposal by the United Kingdom's Prudential Regulation Authority (``U.K. PRA''), formerly known as the Financial Services Authority, has made it more likely that large U.S. banks will change their U.K. foreign branch deposit agreements to make their U.K. deposits payable both in the United Kingdom and the United States. This action has the potential to expose the Deposit Insurance Fund (``DIF'') to expanded deposit insurance liability and create operational complexities if these types of deposits were treated as insured. The purpose of the Final Rule is to protect the DIF against the liability that it would otherwise face as a potential global deposit insurer, preserve confidence in the FDIC deposit insurance system, and ensure that the FDIC can effectively carry out its critical deposit insurance functions.

The Coast Guard is canceling the temporary deviation from the regulations published on June 11, 2013, (78 FR 34893) governing the operation of the Atlantic Beach Bridge, mile 0.4, across Reynolds Channel, at Lawrence, New York. The owner of the bridge, Nassau County Bridge Authority, requested six, five hour closure periods, scheduled to occur during the effective period of the above temporary deviation. As a result of the bridge owner's recent request we must cancel the existing temporary deviation and issue a new temporary deviation to include the bridge closures.

The Coast Guard amends the drawbridge operation regulations that govern the operation of the highway bridge across the Hudson River, mile 152.7, between Troy and Green Island, New York. The owner of the bridge, New York State Department of Transportation, requested that a twenty four hour advance notice be given for bridge openings. In addition, we removed the regulations for the 112th Street Bridge, mile 155.4, between Troy and Cohoes which has been converted to a fixed bridge. It is expected that this change to the regulations will provide relief to the bridge owner from crewing the bridge while continuing to meet the reasonable needs of navigation as well as remove obsolete regulations from the Code of Federal Regulations.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe Railroad Bridge across the Illinois Waterway, mile 88.8, at Beardstown, Illinois. The deviation is necessary to install new conley rail components which can only be done when the bridge is in the closed-to- navigation position. The deviation allows the bridge to remain in the closed-to-navigation position during two 12-hour periods.

HUD's Housing Counseling Program provides, through HUD- approved counseling agencies and state housing finance agencies, including their affiliates and branches, counseling to individuals seeking information about financing, maintaining, renting, or owning a home. The Dodd-Frank Wall Street Reform and Consumer Protection Act amended the housing counseling statute to improve the effectiveness of the program by, among other things, requiring that the entities and individual counselors be certified by HUD as competent to provide such services, and prohibiting distribution of grant funds to agencies found in violation of Federal election laws or who have employees found in violation of Federal election laws, and requiring the reimbursement of grant funds for misuse of funds. This proposed rule would revise HUD's Housing Counseling Program regulations to adopt the new requirements applicable to counseling agencies and individual counselors, and the use of grant funds.

We are superseding revised Airworthiness Directive (AD) 76-12- 07 for all Bell Model 204B and certain serial-numbered Model 205A-1 helicopters with a certain tail rotor pitch control chain (chain) installed. AD 76-12-07 required visually inspecting the chain to detect a crack in the link segments and, for affected Model 205A-1 helicopters, replacing the chain and cable control system with a push- pull control system. This new AD requires, for Bell Model 204B, inspecting certain chains at specified intervals, revising the inspection procedures, installing a tail rotor cable and chain damper kit (damper kit), and revising the maintenance manual or Instructions for Continued Airworthiness (ICAs) to include the inspection intervals. This new AD also requires, for certain Bell Model 205A-1 helicopters, replacing the chain and cable control system with an airworthy tail rotor push-pull control system kit. This AD was prompted by the rapid growth of a crack leading to premature chain failure. The actions are intended to prevent failure of the chain, loss of tail rotor blade pitch control, and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model EC 155B, EC155B1, SA-365N, SA- 365N1, AS-365N2, AS 365 N3, and SA-366G1 helicopters. This AD requires inspecting the collective pitch lever for correct locking and unlocking conditions. This AD was prompted by two separate reports of inadvertent collective pitch lever locking and unlocking. The actions of this AD are intended to detect an incorrectly adjusted collective pitch lever, which could result in loss of control of the helicopter.

The Coast Guard published a temporary final rule in the Federal Register on July 5, 2013 (78 FR 40394), establishing a safety zone in Shallowbag Bay in Manteo, NC. This document corrects the temporary section number to be assigned to the temporary regulation, and also corrects the effective date to indicate that effective period ends after the corresponding event is concluded.

The U.S. Nuclear Regulatory Commission (NRC) proposes revising its generic determination on the environmental impacts of the continued storage of spent nuclear fuel beyond a reactor's licensed life for operation and prior to ultimate disposal. The NRC has prepared a draft generic environmental impact statement to support this proposed rule. The Commission proposes to conclude that the analysis generically addresses the environmental impacts of continued storage of spent nuclear fuel beyond the licensed life for operation of a reactor and supports the determinations that it is feasible to safely store spent nuclear fuel beyond the licensed life for operation of a reactor and to have a mined geologic repository within 60 years following the licensed life for operation of a reactor. The proposed rule also would clarify that the generic determination applies to a license renewal for an independent spent fuel storage installation (ISFSI). In addition, the proposed rule would make conforming amendments to the Commission's 2013 findings on the environmental effects of renewing the operating license of a nuclear power plant to address issues related to the storage of spent nuclear fuel after a reactor's licensed life for operation and the offsite radiological impacts of spent nuclear fuel and high-level waste disposal.

The Environmental Protection Agency (EPA) Region 4 announces the deletion of the Koppers Co., Inc. (Florence Plant) Superfund Site (Site) located in Florence, South Carolina, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SCDHEC), have determined that no further response activities under CERCLA are appropriate. However, this deletion does not preclude future actions under Superfund or other regulatory authority.

The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM), PRM-50-105, submitted by Mark Leyse (the petitioner) on February 28, 2012. The petitioner requested that the NRC require all holders of operating licenses for nuclear power plants (NPPs) to operate NPPs with in-core thermocouples at different elevations and radial positions throughout the reactor core to enable the operators to accurately measure a large range of in-core temperatures in NPP steady-state and transient conditions. The NRC is denying the PRM because: there are no protection or plant control functions that utilize inputs from core exit thermocouples (CETs); there is no operational necessity for more accurate measurement of temperatures throughout the core; the petition provided inadequate justification of why precise knowledge of core temperature at various elevations and radial positions would enhance safety or change operator action; and the NRC believes that, despite the known limitations of CETs, CETs are sufficient to allow NPP operators to take timely and effective action in the event of an accident.

This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

NMFS issues this final rule to implement Regulatory Amendment 2 to the Fishery Management Plan (FMP) for the Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands (USVI) (Regulatory Amendment 2), as prepared by the Caribbean Fishery Management Council (Council). This final rule revises the commercial trip limit for queen conch in the Caribbean exclusive economic zone (EEZ) to be compatible with the trip limit in USVI territorial waters. The purpose of this provision is to improve the compatibility of Federal and USVI territorial regulations for queen conch in order to facilitate enforcement efforts while ensuring the long-term health of the queen conch resource. This final rule also changes the regulations specifying the queen conch fishing season to correct an inadvertent change to the text that occurred in a prior rulemaking. The revision better reflects the original and current intent of the Council.

We are amending the Hawaii quarantine regulations to allow the interstate movement of untreated Sharwil avocados from Hawaii into the continental United States. As a condition of movement, Sharwil avocados from Hawaii will have to be produced in accordance with a systems approach that includes requirements for registration and monitoring of places of production and packinghouses, an orchard trapping program, grove sanitation, limits on harvest periods and distribution areas, and harvesting and packing requirements to ensure that only intact fruit that have been protected against infestation are shipped. This action will allow for the interstate movement of Sharwil avocados from Hawaii into other States while continuing to provide protection against the introduction of quarantine pests.

U.S. derivatives markets have experienced a fundamental transition from human-centered trading venues to highly automated and interconnected trading environments. The operational centers of modern markets now reside in a combination of automated trading systems (``ATSs'') and electronic trading platforms that can execute repetitive tasks at speeds orders of magnitude greater than any human equivalent. Traditional risk controls and safeguards that relied on human judgment and speeds, and which were appropriate to manual and/or floor-based trading environments, must be reevaluated in light of new market structures. Further, the Commission and market participants must ensure that regulatory standards and internal controls are calibrated to match both current and foreseeable market technologies and risks. This Concept Release on Risk Controls and System Safeguards for Automated Trading Environments (``Concept Release'') reflects the Commission's continuing commitment to the safety and soundness of U.S. derivatives markets in a time of rapid technological change. The Concept Release serves as a platform for cataloguing existing industry practices, determining their efficacy and implementation to date, and evaluating the need for additional measures, if any. The Commission welcomes all public comments.

The U. S. Department of Agriculture, Forest Service, gives notice of revised procedures for implementing the National Environmental Policy Act and Council on Environmental Quality regulations. These final implementing procedures are being issued in regulations concerning National Environmental Policy Act Compliance, which describes categorical exclusions. Categorical exclusions (CE) are categories of actions that normally will not result in individual or cumulative significant impacts on the quality of the human environment and, therefore, do not require analysis or documentation in either an environmental assessment or an environmental impact statement. The revision adds three new categorical exclusions for activities that restore lands negatively impacted by water control structures, disturbance events, and roads and trails. Activities that restore lands occupied by National Forest System Roads and National Forest System Trails are excluded from this final rule. These will allow the Forest Service to more efficiently analyze and document the potential environmental effects of soil and water restoration projects that are intended to restore the flow of waters into natural channels and floodplains by removing water control structures, such as dikes, ditches, culverts, and pipes; restore lands and habitat to pre- disturbance conditions, to the extent practicable, by removing debris and sediment following disturbance events; and restore lands occupied by roads and trails to natural conditions. These categorical exclusions will not apply where resource conditions related to the potential effect of a proposed action constitute an extraordinary circumstance. Activities conducted under these categorical exclusions must be consistent with Agency procedures and applicable land management plans and must comply with all applicable Federal and State laws for protecting the environment. The road and trail restoration category will be used for restoring lands impacted by roads and trails that are not needed, not maintained, and/or where public access is prohibited. This category will not be used to make access decisions about which roads and trails are to be designated for public use.

This action updates, simplifies, and streamlines rules of practice and procedure for filing and adjudicating complaints against federally-assisted airports. It improves efficiency by enabling parties to file submissions with the Federal Aviation Administration (FAA) electronically, and by incorporating modern business practices into how the FAA handles complaints. This amendment is necessary to reflect changes in applicable laws and regulations, and to apply lessons learned since the existing rules were implemented in 1996.

We, the U.S. Fish and Wildlife Service, propose to designate critical habitat for Arabis georgiana (Georgia rockcress) under the Endangered Species Act of 1973, as amended (Act). In total, we propose to designate as critical habitat approximately 323 hectares (786 acres) of riparian, river bluff habitat for this species. The intended effect of this rule is to conserve Georgia rockcress and its habitat under the Act. The proposed critical habitat is located in Georgia, including parts of Gordon, Floyd, Harris, Muscogee, Chattahoochee, and Clay Counties, and in Alabama, including parts of Bibb, Dallas, Elmore, Monroe, Russell, Sumter, and Wilcox Counties.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted to EPA by the State of Colorado. On May 25, 2011, the Governor of Colorado's designee submitted a Clean Air Act (CAA) section 175A(b) second 10-year maintenance plan for the Fort Collins area for the carbon monoxide (CO) National Ambient Air Quality Standard (NAAQS). This limited maintenance plan (LMP) addresses maintenance of the CO NAAQS for a second 10-year period beyond the original redesignation. This action is being taken under sections 110 and 175A of the CAA.

In this document, the Wireline Competition Bureau announces the availability of the next version of the Connect America Cost Model (CAM v3.2), which includes certain adjustments to the CAM to reflect the unique circumstances and operating conditions in the non-contiguous areas of the United States. The Bureau seeks comment on these changes, specifically the addition of the capability to model costs for undersea cable connecting non-contiguous areas to the contiguous United States, plant mix values submitted by Alaska Communications Systems Group, Inc. (ACS) for Alaska, and using the default value of ``1'' for the regional cost adjustment for the U.S. Virgin Islands, which has the effect of increasing labor costs. Lastly, the Bureau seeks comment on using the plant mix values that were filed separately in models previously filed by Puerto Rico Telephone Company, Inc. (PRTC) and Virgin Islands Telephone Corporation d/b/a Innovative Telephone (Vitelco) in the next version of the CAM.

We are adopting a new airworthiness directive (AD) for Bell Model 206A, 206B, 206L, 206L-1, 206L-3, 206L-4, 222, 222B, 222U, 230, 407, 427, and 430 helicopters. This AD requires inspecting each bearing to determine if it has been properly staked and replacing the bearing or assembly if it has not been properly staked. This AD was prompted by bearings not being properly staked and migrating out of their proper position, which may limit the functionality of the affected part. The actions of this AD are intended to prevent failure of a bearing and the assembly in which it is installed and subsequent loss of control of the helicopter.

We propose to adopt a new airworthiness directive (AD) for certain the Boeing Company Model DC-9-10, DC-9-30, and DC-9-40 series airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the aft pressure bulkhead web area is subject to widespread fatigue damage (WFD). This proposed AD would require modifying the aft pressure bulkhead. The modification includes inspecting for cracks around the rivet holes, and repair of any cracking. We are proposing this AD to prevent fatigue cracking of the aft pressure bulkhead, which could result in reduced structural integrity of the airplane.

We, the U.S. Fish and Wildlife Service (Service or USFWS), determine to list the southern white rhino (Ceratotherium simum simum) as threatened under the authority of section 4(e) of the Endangered Species Act of 1973, as amended (Act), due to the similarity in appearance with the endangered Javan (Rhinoceros sondaicus), Sumatran (Dicerorhinos sumatrensis), Indian (Rhinoceros unicornis), black (Diceros bicornis) and northern white rhino (Ceratotherium simum cottoni). Differentiating between the horns and other products made from the southern white rhino and the endangered Javan, Sumatran, Indian, black, and northern white rhino is difficult for law enforcement, decreasing their ability to enforce and further the provisions and policies of the Act. This similarity of appearance has resulted in the documented trade of listed rhinoceros species, often under the guise of being the unprotected southern white rhinoceros, and this difficulty in distinguishing between the rhino species protected under the Act and the southern white rhino constitutes an additional threat to all endangered rhinoceros species. The determination that the southern white rhino should be treated as threatened due to similarity of appearance will substantially facilitate law enforcement actions to protect and conserve all endangered rhino species.

Under the Toxic Substances Control Act (TSCA), EPA is finalizing the significant new use rule (SNUR) for three chemical substances which were the subject of premanufacture notices (PMNs) and subject to a TSCA section 5(e) consent order issued by EPA. This action requires persons who intend to manufacture (including import) or process any of these three chemical substances for an activity that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

This regulation establishes an exemption from the requirement of a tolerance for residues of polymers produced by the reaction of either 1,6-hexanediisocyanate; 2,4,4-trimethyl-1,6-hexanediisocyanate; 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethyIcyclohexane (isophoronediisocyanate); 4,4'-methylene-bis-1,1'- cyclohexanediisocyanate; 4,4'-methylene-bis-1,1' benzyldiisocyanate; or 1,3-bis-(2-isocyanatopropan-2-yl)benzene with polyethyleneglycol and end-capped with one or a mixture of more than one of octanol, decanol, dodecanol, tetradecanol, hexadecanol, octadecanol, and octadec-9-enol or polyethyleneglycol ethers of octanol, decanol, dodecanol, tetradecanol, hexadecanol, octadecanol, and octadec-9-enol (also known as polyurethane-type polymers), when used as an inert ingredient in a pesticide chemical formulation. Syngenta Crop Protection, LLC submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of polyurethane-type polymers on food or feed commodities.