November 2013 – Federal Register Recent Federal Regulation Documents

The Coast Guard will enforce the special local regulations in 33 CFR 100.1101 during the San Diego Parade of Lights, held on December 8, 2013 and December 15, 2013. This event occurs on the San Diego Bay in San Diego, CA. These special local regulations are necessary to provide for the safety of the participants, crew, spectators, sponsor vessels of the parade, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative.

The Coast Guard proposes to update the list of marine events that occur annually within the Eleventh Coast Guard District. These updates include adding specific marine events to the list of marine events held annually in the Eleventh Coast Guard District as well as removing marine events that no longer occur. In addition to updating the list of marine events held annually in the Eleventh Coast Guard District, the Coast Guard proposes to amend the special local regulations by standardizing the language and format of listed events. When these special local regulations are activated, and thus subject to enforcement, this proposed rule would restrict vessels from transiting inside the regulated area.

On October 2, 2013, the Office of the Federal Register published a proposal to amend our regulations governing the approval of agency requests to incorporate material by reference into the Code of Federal Regulations. Given the recent government shutdown and technical issues with Regulations.gov, we are extending the comment period. We are also correcting the docket number and adding a link to the docket.

The Agricultural Marketing Service (AMS) is amending regulations to allow for the addition of an optional cotton futures classification procedureidentified and known as ``registration'' by the U.S. cotton industry and the Intercontinental Exchange (ICE). In response to requests from the U.S. cotton industry and ICE, AMS will offer a futures classification option whereby cotton bales may be certificated for the purpose of an exchange's cotton futures contract using Smith-Doxey data to verify that submitted bales meet more restrictive quality requirements and age parameters established by that exchange. AMS anticipates that the futures classification option will be available in time for the implementation of ICE's Cotton Resolution No. 2, which is scheduled to commence with the March 2014 contract month.

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.

The Food and Drug Administration (FDA or we) is extending the comment period for the ``Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Rule: Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption'' that appeared in the Federal Register of August 19, 2013. We are taking this action to allow interested persons an opportunity to provide comment on the scope of issues the Agency should include in the Environmental Impact Statement (EIS), including their significance, as part of the scoping process for the EIS.

EPA is taking final action to approve a change to the Florida State Implementation Plan (SIP) for the State of Florida. The change removes from the Florida SIP a provision entitled ``Synthetic Organic Fiber Production.'' EPA has determined that this provision was erroneously incorporated into the SIP. Therefore, EPA is taking final action to remove this rule from the federally-approved Florida SIP because the rule is not related to the attainment and maintenance of the national ambient air quality standards (NAAQS).

These special conditions are issued for the Boeing Model 777- 200, -300, and -300ER series airplanes. These airplanes, as modified by The Boeing Company, will have novel or unusual design features associated with the architecture and connectivity capabilities of the airplane's onboard network computer systems, which may allow access to or by external computer systems and networks. This onboard network system will be composed of a network file server, a network extension device, and additional interfaces configured by customer option. Connectivity to, or access by, external systems and networks may result in security vulnerabilities to the airplane's onboard network system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add a new subpart and associated contract clause to address requirements for safeguarding unclassified controlled technical information.

This rule is being promulgated to add a new visa classification symbol to the nonimmigrant classification table in our regulations. This amendment is necessary to implement legislation that created an additional nonimmigrant classification as described herein.

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is adopting new rules and related forms to enhance its identification of futures and swap market participants. These final rules will leverage the Commission's current position and transaction reporting programs by requiring the electronic submission of trader identification and market participant data on amended Forms 102 and 40, and on new Form 71. The new and amended forms require the reporting of certain trading accounts active on reporting markets that are designated contract markets or swap execution facilities. Among other information, the forms collect ownership and control information with respect to both position-based special accounts and trading accounts that meet specified volume-based reporting levels.

This document cancels a public hearing on proposed regulations that propose revisions to examples that illustrate the controlled group rules related to regulated investment companies.

This final rule revises HUD's regulations governing the protection of wetlands and floodplains. With respect to wetlands, the rule codifies existing procedures for Executive Order 11990 (E.O. 11990), Protection of Wetlands. HUD's policy has been to require the use of the 8-Step Process for floodplains for wetlands actions performed by HUD or actions performed with HUD financial assistance. This rule codifies this wetlands policy and improves consistency and increases transparency by placing the E.O. 11990 requirements in regulation. In certain instances, the new wetlands procedures will allow recipients of HUD assistance to use individual permits issued under section 404 of the Clean Water Act (Section 404 permits) in lieu of 5 steps of the E.O. 11990's 8-Step Process, streamlining the wetlands decisionmaking processes. With respect to floodplains, with some exceptions, the rule prohibits HUD funding (e.g., Community Development Block Grants, HOME Investment Partnerships Program, Choice Neighborhoods, and others) or Federal Housing Administration (FHA) mortgage insurance for construction in Coastal High Hazard Areas. In order to ensure maximum protection for communities and wise investment of Federal resources in the face of current and future risk, this final rule also requires the use of preliminary flood maps and advisory base flood elevations where the Federal Emergency Management Agency (FEMA) has determined that existing Flood Insurance Rate Maps (FIRMs) may not be the ``best available information'' for floodplain management purposes. This change in map usage requirements brings HUD's regulations into alignment with the requirement in Executive Order 11988 that agencies are to use the ``best available information'' and will provide greater consistency with floodplain management activities across HUD and FEMA programs. The rule also streamlines floodplain and wetland environmental procedures to avoid unnecessary processing delays. The procedures set forth in this rule would apply to HUD and to state, tribal, and local governments when they are responsible for environmental reviews under HUD programs.

This action implements revisions to the Pacific coast groundfish trawl rationalization program (program), a catch share program, and includes clarifications of regulations that affect the limited entry trawl and limited entry fixed gear sectors managed under the Pacific Coast Groundfish Fishery Management Plan (FMP). This action implements trailing actions for the program that are either original provisions of the program, such as quota share (QS) permit application and transfer regulations, or are provisions that increase flexibility or efficiency, or address minor revisions/clarifications.

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans to prescribe interest assumptions under the regulation for valuation dates in December 2013. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.

OSHA invites interested parties to attend an informal public meeting on the Improve Tracking of Workplace Injuries and Illnesses proposed rule. The purpose of the public meeting is to allow interested persons to provide oral remarks regarding the proposed rule. The proposed rule is a limited rulemaking to amend OSHA's recordkeeping regulations to add requirements for the electronic submission of injury and illness information employers are already required to keep.

On May 30, 2012, the Commodity Futures Trading Commission (``Commission'' or ``CFTC'') published in the Federal Register a notice of proposed modifications to part 151 of the Commission's regulations. The modifications addressed the policy for aggregation under the Commission's position limits regime for 28 exempt and agricultural commodity futures and options contracts and the physical commodity swaps that are economically equivalent to such contracts. In an Order dated September 28, 2012, the District Court for the District of Columbia vacated part 151 of the Commission's regulations. The Commission is now proposing modifications to the aggregation provisions of part 150 of the Commission's regulations that are substantially similar to the aggregation modifications proposed to part 151, except that the modifications address the policy for aggregation under the Commission's position limits regime for futures and option contracts on nine agricultural commodities set forth in part 150. Separately, the Commission is also proposing today to establish speculative position limits for the 28 exempt and agricultural commodity futures and options contracts and the physical commodity swaps that are economically equivalent to such contracts that previously had been covered by part 151 of its regulations. If both proposals are finalized, the modifications proposed here to the aggregation provisions of part 150 would apply to the position limits regimes for both the futures and option contracts on nine agricultural commodities and the 28 exempt and agricultural commodity futures and options contracts and the physical commodity swaps that are economically equivalent to such contracts. However, the Commission may determine to adopt the modifications proposed here separately from any other amendment to the position limits regime.

This document contains proposed regulations that would clarify that amounts paid to an Indian tribe member as remuneration for services performed in a fishing rights-related activity may be treated as compensation for purposes of applying the limits on qualified plan benefits and contributions. These regulations would affect sponsors of, and participants in, employee benefit plans of Indian tribal governments.

We are adopting a new airworthiness directive (AD) for all Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This AD was prompted by a design review, which revealed that, under certain failure conditions, wiring in the main fuel tank could develop a short circuit that might cause a hot spot on the wiring conduit or puncture the wiring conduit wall. This AD requires installing fuses in the power supply wiring and/or return wiring for various components in the fuel system; and revising the airplane maintenance program by incorporating critical design configuration control limitations. We are issuing this AD to prevent an ignition source in the main fuel tank vapor space, which could result in a fuel tank explosion and consequent loss of the airplane.

We are superseding airworthiness directive (AD) 2013-01-07 for all Turbomeca S.A. Arriel 2D turboshaft engines. AD 2013-01-07 required replacing the hydromechanical metering unit (HMU) at a reduced life. This AD maintains that requirement and also requires conducting inspections of the HMU. This AD was prompted by further cases of deterioration of HMU rotating components. We are issuing this AD to prevent an uncommanded in-flight shutdown of the engine and possible loss of the helicopter.

This document completes the agency's response to petitions for reconsideration of an October 2008 final rule that amended the definition of the term, ``designated seating position,'' as used in the Federal motor vehicle safety standards, to facilitate the determination of which areas within the interior of a vehicle meet that definition. The final rule made the new definition applicable to vehicles manufactured on and after September 1, 2010. Previously, the agency granted petitions requesting one year of additional lead time until the new definition became applicable, removal the portion of the regulatory text stating that State tort law requirements are preempted, and technical corrections. This final rule addresses the remaining issues raised in the petitions for reconsideration and makes clarifying changes to the manner in which designated seating positions are measured. We are also including technical corrections addressing side- facing seats and longer seating surfaces.

The Federal Trade Commission (``Commission'' or ``FTC''), with the concurrence of the Assistant Attorney General, Antitrust Division, Department of Justice (the ``Assistant Attorney General'' or the ``Antitrust Division'') (together the ``Agencies''), is amending the Hart-Scott-Rodino Premerger Notification Rules (the ``Rules'') in order to provide a framework for determining when a transaction involving the transfer of rights to a patent or part of a patent in the pharmaceutical, including biologics, and medicine manufacturing industry (North American Industry Classification System Industry Group 3254) (``pharmaceutical industry'') is reportable under the Hart Scott Rodino Act (``the Act,'' ``HSR Act'' or ``HSR''). This final rule defines and applies the concepts of ``all commercially significant rights,'' ``limited manufacturing rights,'' and ``co-rights'' in determining whether the rights transferred with regard to a patent or a part of a patent in the pharmaceutical industry constitute a potentially reportable asset acquisition under the Act.

This document is an issuance of the final airworthiness design criteria for the inclusion of advance avionics with integrated electronic displays for the Aquila Aviation by Excellence GmbH AT01- 100. These additional provisions are expansions of the existing JAR-VLA (Joint Aviation RequirementsVery Light Aircraft) and CS-VLA regulations as the current regulations do not adequately address these types of systems. The current regulations only address traditional federated gauges. The European Aviation Safety Agency (EASA) has not expanded the VLA regulations for these types of installation on these types of airplanes through EASA special conditions or new regulations. These Federal Aviation Administration (FAA) design criteria help initiate standards for this type of airplane without being over burdensome and to encourage EASA to follow suit.

This rule establishes, amends, suspends, or revokes 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 safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.