January 2014 – Federal Register Recent Federal Regulation Documents

In accordance with the requirement of Section 3506 (c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) will publish periodic summaries of proposed data collections. Comments are invited on: (a) Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB's estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Title and purpose of information collection: Self-Employment/ Corporate Officer Work and Earnings Monitoring; OMB 3220-0202. Section 2 of the Railroad Retirement Act (RRA) provides for the payment of disability annuities to qualified employees. Section 2 also provides that if the Railroad Retirement Board (RRB) receives a report of an annuitant working for a railroad or earning more than prescribed dollar amounts from either nonrailroad employment or self-employment, the annuity is no longer payable, or can be reduced, for the months worked. The regulations related to the nonpayment or reduction of the annuity by reason of work are prescribed in 20 CFR 220.160-164. Some activities claimed by the applicant as ``self-employment'' may actually be employment for someone else (e.g. training officer, consultant, salesman). 20 CFR 216.22 9 (c) states, for example, that an applicant is considered an employee, and not self-employed, when acting as a corporate officer, since the corporation is the applicant's employer. Whether the RRB classifies a particular activity as self- employment or as work for an employer depends upon the circumstances in each case. The circumstances are prescribed in 20 CFR 216.21-216-23. Certain types of work may actually indicate an annuitant's recovery from disability. Regulations related to an annuitant's recovery form disability of work are prescribed in 20 CFR 220.17-220-20. In addition, the RRB conducts continuing disability reviews, (also known as a CDR) to determine whether the annuitant continues to meet the disability requirements of the law. Payment of disability benefits and/or a beneficiary's period of disability will end if medical evidence or other information shows that an annuitant is not disabled under the standards prescribed in Section 2 of the RRA. Continuing disability reviews are generally conducted if one or more of the following conditions are met: (1) the annuitant is scheduled for a routine periodic review, (2) the annuitant returns to work and successfully completes a trial work period, (3) substantial earnings are posted to the annuitant's wage record, or (4) information is received from the annuitant or a reliable source that the annuitant has recovered or returned to work. Provisions relating to when and how often the RRB conducts disability reviews are prescribed in 20 CFR 220.186. To enhance program integrity activities, the RRB utilizes Form G- 252, Self-Employment/Corporate Officer Work and Earnings Monitoring. Form G-252 obtains information from a disability annuitant who claims to be self-employed or a corporate officer or who the RRB determines to be self-employed or a corporate officer after a continuing disability review. The continuing disability review may be prompted by a report of work, return to railroad service, an allegation of a medical improvement or a routine disability review call-up. The information gathered is used to determine entitlement and/or continued entitlement to, and the amount of, the disability annuity, as prescribed in 20 CFR 220.176. Completion is required to retain benefits. One response is required of each respondent. The RRB proposes no changes to Form G-252.

On December 2, 2013, the United States Air Force signed the ROD for the F-35A Operational Basing Final Environmental Impact Statement (FEIS). The ROD states the Air Force decision to implement the Preffered Alternative to beddown 18 F-35A Primary aircraft authorized (PAA), at Burlington Air Guard Station, VT. The decision was based on matters discussed in the FEIS, inputs from the public and regulatory agencies, and other relevant factors. The FEIS was made available to the public on October 4, 2013 through a NOA in the Federal Register (Volume 78, Number 193, Page 61845) with a wait period that ended on November 4 2013. The ROD documents only the decision of the Air Force with respect to the proposed Air Force actions analyzed in the FEIS. Authority: This NOA is published pursuant to the regulations (40 CFR Part 1506.6) implementing the provisions of the NEPA of 1969 (42 USC. 4321, et seq.) and the Air Force's Environmental Impact Analysis Process (EIAP) (32 CFR Parts 989.21(b) and 989.24(b)(7)). FOR FURTHER INFORMATION CONTACT: Mr. Nicholas Germanos, ACC/A7NS, 129 Andrews St., Suite 332, Langley AFB, VA 23665, ph: 757-764-9334.

The U.S. Nuclear Regulatory Commission (NRC) has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a Federal Register notice with a 60-day comment period on this information collection on September 30, 2013 (78 FR 59979). 1. Type of submission, new, revision, or extension: New. 2. The title of the information collection: Voluntary Reporting of Planned Licensing Request Submittals. 3. Current OMB approval number: 3150-XXXX. 4. The form number if applicable: N/A. 5. How often the collection is required: Annually. 6. Who will be required or asked to report: All operating power reactors whose licensing actions are handled by the Office of Nuclear Reactor Regulation, Division of Operating Reactor Licensing. 7. An estimate of the number of annual responses: 62. 8. The estimated number of annual respondents: 62. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 310. 10. Abstract: The NRC is seeking information on the licensing actions that licensees plan to submit over the next three years. The information would be used by the Office of Nuclear Reactor Regulation to better plan its resource utilization. Specifically, the office would use the information to (1) inform its budget development, (2) identify potential impacts from multiple actions utilizing the same resources, (3) develop solutions, if possible, to resource conflicts, and (4) communicate scheduling impacts to stakeholders. The public may examine and have copied for a fee publicly available documents, including the final supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC's home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by March 3, 2014. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.

We are adopting a new airworthiness directive (AD) for certain Agusta Model A109C, A109E, A109S, A109K2, and AW109SP helicopters. This AD requires inspecting the lock wires securing the tail rotor (T/R) duplex bearing locking nut (locking nut) to determine whether any lock wires are missing or damaged. This AD was prompted by reports of loosening T/R locking nuts. The actions of this AD are intended to prevent failure of the T/R and subsequent loss of control of the helicopter.

We propose to adopt a new airworthiness directive (AD) for Ballonbau W[ouml]rner GmbH Models NL-280/STU, NL-380/STU, NL-510/STU, NL-640/STU, NL-840/STU, and NL-1000/STU balloons. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as current inspection intervals are no longer adequate to ensure timely detection of deterioration or damage. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

The Peace Corps will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995 (44 USC Chapter 35).

On January 31, 2014, the Department of Labor (DOL) will submit the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, the ``Rigging Equipment for Material Handling Standard,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq.

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair methods of competition. The attached Analysis of Agreement Containing Consent Orders to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent ordersembodied in the consent agreementthat would settle these allegations.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the L & N Railroad/Almonaster Road drawbridge across the Inner Harbor Navigation Canal, mile 2.9 at New Orleans, Orleans Parish, Louisiana. The deviation is necessary in order to conduct repair and replacement of electrical system components of the bridge. These repairs are essential for the continued safe operation of the bridge. This deviation allows the bridge to remain temporarily closed to navigation for three consecutive days with four scheduled openings to facilitate the movement of vessel traffic.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the SR 57 drawbridge across the Dulac Bayou, mile 0.6, at Dulac, Terrebonne Parish, Louisiana. The deviation is necessary in order to conduct repair and replacement of parts associated with the wedge-drive system hydraulic unit. These repairs are essential for the continued safe operation of the bridge. This deviation allows the bridge to remain temporarily closed to navigation for 20 consecutive days with three openings per day during daylight to facilitate the movement of vessel traffic.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Rock Island Railroad and Highway Drawbridge across the Upper Mississippi River, mile 482.9, at Rock Island, Illinois. The deviation is necessary to allow the River Bandits 5K Run/Walk to cross the bridge. This deviation allows the bridge to be maintained in the closed-to-navigation position for one and a half hours.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the LA 315 drawbridge across the Falgout Canal, mile 3.1, in Terrebonne Parish, Louisiana. The deviation is necessary in order to conduct repair and replacement of parts associated with the wedge-drive system hydraulic unit. These repairs are essential for the continued safe operation of the bridge. This deviation allows the bridge to remain temporarily closed to navigation for 20 consecutive days with three openings per day during daylight to facilitate the movement of vessel traffic.

On Friday, January 3, 2014, the Bureau of Land Management published the Notice of Public Meeting: Resource Advisory Councils, NV (79 FR 406). The address listed for this meeting was incorrect. On page 406, in the second column, on lines 40 through 42, the address for the meeting should be corrected to: ``High Desert Inn, 3015 Idaho Street, Elko, NV, 89801.''

The Office of Management (OM), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to electronically submit payment for debts owed.

The Coast Guard is finalizing its existing interim rule regulating the operation of U.S. and foreign vessels carrying bulk dry cargo such as limestone, iron ore, and coal on the U.S. waters of the Great Lakes, and the operation of U.S. bulk dry cargo vessels anywhere on the Great Lakes. Specifically, the Coast Guard is publishing new requirements for the discharge of bulk dry cargo residue (DCR) on the U.S. waters of the Great Lakes. The rule will continue to allow non- hazardous and non-toxic discharges of bulk DCR in limited areas of the Great Lakes. However, vessel owners and operators will need to minimize DCR discharges using methods they will be required to document in DCR management plans. The rule will prohibit limestone and clean stone DCR discharges in some waters where they are now permitted. The final rule promotes the Coast Guard's maritime safety and stewardship missions.

As part of its regular business meeting held on December 12, 2013, in Annapolis, Maryland, the Commission took the following actions: (1) approved or tabled the applications of certain water resources projects (one involving an into-basin diversion and one involving an out-of-basin diversion); and (2) took additional actions, as set forth in the Supplementary Information below.

The Department of the Navy hereby gives notice of its intent to grant to LumaCyte, LLC a revocable, nonassignable, exclusive license to practice in the field of use of biomedical research and medical diagnostics in the United States, the Government-owned inventions described in U.S. Patent No. 8,529,760: Optical Separator and Method for Separating Particles Suspended in a Fluid, Navy Case No. 084,517.// U.S. Patent Application No. 13/954,654: Device and Method for Laser Analysis and Separation (LAS) of Particles, Navy Case No. 101,970.// U.S. Patent Application No. 13/961,968: Separation of Colloidal Suspensions Using Laser Optical Pressure Fluidic Devices, Navy Case No. 084,517.//U.S. Patent Application No. 14/043,384: Paired Laser and Electrokinetic Separation, Manipulation, and Analysis Device, Navy Case No. 102,097 and any continuations, divisionals or re-issues thereof.