March 2014 – Federal Register Recent Federal Regulation Documents

The Board is adopting amendments to Regulation YY to implement certain of the enhanced prudential standards required to be established under section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act for bank holding companies and foreign banking organizations with total consolidated assets of $50 billion or more. The enhanced prudential standards include risk-based and leverage capital requirements, liquidity standards, requirements for overall risk management (including establishing a risk committee), stress-test requirements, and a 15-to-1 debt-to-equity limit for companies that the Financial Stability Oversight Council (Council) has determined pose a grave threat to financial stability. The amendments also establish risk-committee requirements and capital stress-testing requirements for certain bank holding companies and foreign banking organizations with total consolidated assets of $10 billion or more. The rule does not impose enhanced prudential standards on nonbank financial companies designated by the Council for supervision by the Board.

The Assistant Secretary for Special Education and Rehabilitative Services proposes a priority for the Rehabilitation Research and Training Center (RRTC) Program administered by the National Institute on Disability and Rehabilitation Research (NIDRR). Specifically, this notice proposes a priority for an RRTC on Improving Employment Outcomes for Individuals with Psychiatric Disabilities. We take this action to focus research attention on an area of national need. We intend this priority to contribute to improved employment outcomes for individuals with psychiatric.

The Coast Guard is establishing two permanent safety zones on Lake Erie near Sandusky, OH that will be enforced two consecutive mornings annually during the first or second weekend in September. This is intended to restrict vessel traffic during the swim portion of the Revolution 3 Triathlon in Lake Erie and Sandusky Bay, Sandusky, OH, and is necessary to protect participants, spectators, and vessels from the hazards associated with a triathlon event.

The Environmental Protection Agency (EPA) is proposing to approve the February 14, 2012, State Implementation Plan (SIP) submittal from Idaho demonstrating that the SIP meets the infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for lead (Pb) on October 15, 2008. The CAA requires that each state, after a new or revised NAAQS is promulgated, review their SIP to ensure that it meets the infrastructure requirements necessary to implement the new or revised NAAQS. The EPA is proposing to find that the Idaho SIP meets the CAA infrastructure requirements for the 2008 Pb NAAQS.

Under the Clean Air Act, the Environmental Protection Agency (EPA) is proposing to approve, as a revision of the Arizona State Implementation Plan, the State's plan for maintaining the 1997 National Ambient Air Quality Standard for ozone averaged over eight hours (8- hour ozone standard) in the Phoenix-Mesa nonattainment area for ten years beyond redesignation, and the related motor vehicle emission budgets, because they meet the applicable requirements for such plans and budgets. EPA is also proposing to approve a request from the Arizona Department of Environmental Quality to redesignate the Phoenix- Mesa nonattainment area to attainment of the 1997 8-hour ozone standard because the request meets the statutory requirements for redesignation under the Clean Air Act.

The Food and Drug Administration (FDA) is announcing that DSM Nutritional Products has filed a petition proposing that the food additive regulations be amended to provide for the safe use of 25- hydroxyvitamin D3 in feed for turkeys.

The Food and Drug Administration (FDA) is issuing this advance notice of proposed rulemaking (ANPRM) to solicit comments, data, and information to assist the Agency in implementing the FDA Food Safety Modernization Act (FSMA), which added new provisions to the Reportable Food Registry (RFR) requirements of the Federal Food, Drug, and Cosmetic Act (the FD&C Act). Under the new provisions, FDA may require a responsible party to also submit to FDA ``consumer-oriented'' information regarding certain reportable foods, including information necessary to enable a consumer to accurately identify whether the consumer is in possession of a reportable food. FDA must prepare and publish on FDA's Internet Web site a one-page summary of the consumer- oriented information that can be easily printed by a grocery store for the purposes of consumer notification. A grocery store that sold a reportable food that is the subject of an FDA one-page summary, and that is part of a chain of establishments with 15 or more physical locations, is required to prominently display the FDA one-page summary, or the information from the summary, within 24 hours after the one-page summary is published on FDA's Web site, through a method identified by FDA. FDA is seeking input on topics including consumer-oriented information submissions, consumer notifications, posting consumer notifications in grocery stores, and grocery stores subject to the new requirements.

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is adopting an interim final rule to clarify the scope of permissible access by market participants to swap data and information maintained by a registered swap data repository (``SDR''). Specifically, the interim final rule clarifies that, for a swap that is executed anonymously on a swap execution facility or designated contract market, and then cleared in accordance with the Commission's straight-through processing requirements, the data and information maintained by a registered SDR that may be accessed by either counterparty to the swap does not include the identity of the other counterparty to the swap, the identity of the other counterparty's clearing member for the swap, or such counterparty's or clearing member's legal entity identifier.

FRA is proposing to improve the integrity of passenger train exterior side door safety systems and promote passenger train safety overall through new safety standards relating to the safe operation and use of passenger train exterior side doors. This proposed rule is intended to limit the number and severity of injuries involving passenger train exterior side doors and enhance the level of safety for passengers and train crewmembers.

The Coast Guard proposes to establish special local regulations on the Atlantic Intracoastal Waterway in Bucksport, South Carolina during the Outboard Drag Boat Association (ODBA) dragging on the Waccamaw, a series of high-speed boat races. The event is scheduled to take place from 10:30 a.m. on June 21, 2014, through 8:30 p.m. on June 22, 2014. Approximately 50 high-speed race boats are anticipated to participate in the races. These special local regulations are necessary to provide for the safety of life and property on navigable waters of the United States during the event. These special local regulations would temporarily restrict vessel traffic in a portion of the Atlantic Intracoastal Waterway. Persons and vessels that are not participating in the races would be prohibited from entering, transiting through, anchoring in, or remaining within the restricted area unless authorized by the Captain of the Port Charleston or a designated representative.

The Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the June 2013 plenary meeting of the Australia Group (AG) and the December 2012 AG intersessional decisions. Specifically, this rule amends the Commerce Control List (CCL) entry in the EAR that controls equipment capable of handling biological materials to reflect the 2013 AG Plenary understanding that clarifies controls on fermenters, and certain components thereof, in the AG ``Control List of Dual-Use Biological Equipment and Related Technology and Software.'' This rule also amends the CCL entry that controls certain animal pathogens to reflect a recommendation made at the 2013 AG Plenary meeting, which was later adopted pursuant to the AG silent approval procedure, to revise the AG ``List of Animal Pathogens for Export Control'' to clarify the controls on the Lyssavirus genus. In addition, this rule amends the EAR to reflect the addition of Mexico as a participating country in the AG following the 2013 AG Plenary meeting. The recommendations agreed to through the silent approval procedure included changes to the controls on Clostridium perfringens in the AG ``List of Biological Agents for Export Control'' and changes to the description of ``genetic elements,'' which are included in three of the AG common control lists. This rule also amends the CCL entry that controls chemical manufacturing facilities and equipment to reflect the AG intersessional decision to clarify the controls that apply to certain agitators for use in reaction vessels or reactors described in the CCL entry and to impellers, blades or shafts designed for such agitators. This rule also adds a License Exception STA paragraph to the CCL entry that controls human and zoonotic pathogens and toxins to clarify the scope of eligible items. Finally, this rule amends the EAR to reflect the addition of Somalia and Syria as States Parties to the Chemical Weapons Convention (CWC).

The Environmental Protection Agency (EPA) is proposing to update: regulations governing trade of HCFCs to reflect that HCFC control measures have now taken effect for Parties operating under Article 5 of the Montreal Protocol; references to Party ratification status; tariff codes for ozone depleting substances to address changes made in 2012 by the U.S. International Trade Commission; and other minor provisions. In the ``Rules and Regulations'' section of this Federal Register, we are making these conforming edits as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the New York State Department of Environmental Conservation. This revision will establish an updated ten-year carbon monoxide (CO) maintenance plan for the New York portion of the New York-Northern New Jersey-Long Island (NYCMA) CO area which includes the following seven counties: Bronx, Kings, Nassau, New York, Queens, Richmond and Westchester. In addition, EPA proposes to approve a revision to the CO motor vehicle emissions budgets for New York and revisions to the 2007 Attainment/Base Year emissions inventory. The New York portion of the NYCMA CO area was redesignated to attainment of the CO National Ambient Air Quality Standard (NAAQS) on April 19, 2002 and maintenance plans were also approved at that time. By this action, EPA is proposing to approve the second maintenance plan for this area because it provides for continued attainment for an additional ten years of the CO NAAQS.

On August 2, 2013, DOE published a supplemental notice of proposed rulemaking (SNOPR) concerning its regulations governing Assistance to Foreign Atomic Energy Activities. The comment period on the SNOPR was originally to close on October 31, 2013, but was extended until November 30, 2013. By this notice, DOE is re-opening the comment period on the SNOPR. The comment period will close on April 2, 2014. The re-opening of the comment period will provide for additional time for the public to review and comment on the proposed regulation and other comments received. The Department looks forward to hearing feedback from the public on the proposed regulations.

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to delete regulations relating to the year 2000 compliance.

The U.S. Department of Transportation (DOT) is revising its regulations implementing the Freedom of Information Act (FOIA) following a period of public comment on its proposed rule. The purposes for the revision are to update the regulations to be consistent with amendments to FOIA that were signed into law on December 31, 2007, and October 28, 2009, to revise DOT's fee schedule and other charges, and to make provisions clearer and easier to locate.

We propose to supersede Airworthiness Directive (AD) 2005-13- 05, which applies to certain Boeing Model 747-400F series airplanes. AD 2005-13-05 currently requires inspections for cracking of the web, upper chord, and upper chord strap of the upper deck floor beams, and repair of any cracking. AD 2005-13-05 also requires a preventive modification of the upper deck floor beams, and repetitive inspections for cracking after accomplishing the modification. Since we issued AD 2005-13-05, the upper chords of the upper deck floor beams at certain stations have been determined to be structures that are susceptible to widespread fatigue damage, and certain airplanes with an initial modification require a second modification for the airplane to meet its limit of validity (LOV). This proposed AD would require that second modification and repetitive inspections for cracking and repair if necessary. We are proposing this AD to detect and correct fatigue cracking in certain upper chords of the upper deck floor beam, which could result in reduced structural integrity of the airplane and rapid decompression or reduced controllability of the airplane.

We propose to adopt a new airworthiness directive (AD) for all Dassault Aviation Model FALCON 7X airplanes. This proposed AD was prompted by reports that the pintle pins installed on a certain number of airplanes may be incorrectly protected against corrosion. This proposed AD would require replacing certain pintle pins on the left- and right-hand main landing gear (MLG) with a serviceable part. We are proposing this AD to detect and correct pintle pins that have been incorrectly corrosion-protected, which could cause the pintle pins to shear under normal load and lead to the collapse of the MLG during take-off or landing.

FRA issues this final rule in accordance with a statutory mandate that the Secretary of Transportation (Secretary) require certain major railroads to develop, and submit to the Secretary for approval, critical incident stress plans that provide for appropriate support services to be offered to their employees who are affected by a ``critical incident'' as defined by the Secretary. The final rule contains a definition of the term ``critical incident,'' the elements appropriate for the rail environment to be included in a railroad's critical incident stress plan, the type of employees to be covered by the plan, a requirement that a covered railroad submit its plan to FRA for approval, and a requirement that a railroad adopt and comply with its FRA-approved plan.

The Department of Veterans Affairs (VA) published in the Federal Register on November 14, 2013 (78 FR 68364), a notification delaying the effective date of a final rule that amends the payment methodology for providers of home health services and hospice care. That notification changed the effective date from November 15, 2013, to April 1, 2014. We are now delaying until June 1, 2014, the effective date of the final rule at 78 FR 26250.

The Food and Drug Administration (FDA or we) is extending the comment period for the notice of proposed rulemaking that appeared in the Federal Register of December 24, 2013 (78 FR 78014), entitled ``Focused Mitigation Strategies to Protect Food Against Intentional Adulteration'' and its information collection provisions. We are taking this action in response to requests for an extension to allow interested persons an opportunity to fully review and analyze the approaches FDA has proposed for the rule and its potential impact as well as to consider the complexity and if the proposal has the flexibility to address the many types of food operations that will be affected. We also are taking this action to keep the comment period for the information collection provisions associated with the rule consistent with the comment period for the proposed rule.

The Coast Guard will enforce the FKCC Swim around Key West Special Local Regulation in the Atlantic Ocean and Gulf of Mexico, from 8:30 a.m. until 4:30 p.m. on June 14, 2014. This action is necessary to ensure the safety of race participants, participant vessels, spectators, and the general public from the hazards associated with this event. During the enforcement period, no person or vessel may enter the regulated area without permission from the Captain of the Port.

The Environmental Protection Agency (EPA) is proposing to approve negative declarations for hospital/medical/infectious waste incinerators (HMIWI) for the State of Connecticut and the State of New Hampshire and negative declarations for sewage sludge incinerators (SSI) for the State of Maine and the State of Vermont. EPA is also proposing to approve the withdrawal of a previously-approved State Plan for HMIWI in the State of New Hampshire. Lastly, EPA is proposing technical corrections to Clean Air Act Sections 111(d) and 129 State Plan (Negative Declaration) approvals for Other Solid Waste Incinerators (OSWI) for the State of Rhode Island and the State of Vermont.

The Food and Drug Administration (FDA) is proposing to amend its regulations governing classification and reclassification of medical devices to conform to the applicable provisions in the Food and Drug Administration Safety and Innovation Act (FDASIA). FDA is also proposing changes unrelated to the new FDASIA requirements to update its regulations governing classification and reclassification of medical devices. FDA is taking this action to codify the procedures and criteria that apply to classification and reclassification of medical devices and to provide for classification of devices in the lowest regulatory class consistent with the public health and the statutory scheme for device regulation.

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.