May 2014 – Federal Register Recent Federal Regulation Documents

The Coast Guard will enforce the events taking place throughout the Sector Northern New England Captain of the Port (COTP) Zone. This action is necessary to protect marine traffic and spectators from the hazards associated with powerboat races, regattas, boat parades, rowing and paddling boat races, swim events, and fireworks displays. During the enforcement period, no person or vessel may enter the Special Local Regulation area or Safety Zone without permission of the COTP.

This rule would amend the Office of Natural Resources Revenue civil penalty regulations to: apply the regulations to all mineral leases, including solid mineral and geothermal leases, and agreements for offshore energy development; adjust civil penalty amounts for inflation; clarify and simplify the existing regulations for issuing notices of noncompliance and civil penalties; and provide notice that we will post matrices for civil penalty assessments on our Web site.

We, the U.S. Fish and Wildlife Service (Service), are adopting as a final rule an interim rule 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). The interim rule was necessary, as 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 to determine without genetic testing, 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. Therefore, for the reasons given in the interim rule and in this document, we are adopting the interim rule as a final rule without substantive change.

This document completes the Commission's proceeding regarding the attribution of television joint sales agreements (JSAs)in which a ``brokering station'' sells the advertising time for a ``brokered station''for purposes of applying the broadcast ownership rules. The Commission, consistent with its prior decision to attribute radio JSAs, attributes to the brokering station same-market television JSAs that cover more than 15 percent of the weekly advertising time for the brokered station.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor for 172 approved new animal drug applications (NADAs) and 14 approved abbreviated new animal drug applications (ANADAs) for oral dosage form new animal drug products from Pfizer, Inc., including its several subsidiaries and divisions, to Zoetis, Inc. FDA is also amending the animal drug regulations to remove entries describing conditions of use for new animal drug products for which no NADA is approved, to make minor corrections, and to reflect a current format. This is being done to increase the accuracy and readability of the regulations.

The Office of Government Ethics is updating its executive branch regulation on financial disclosure to reflect the retroactive statutory increase of the reporting thresholds for gifts and travel reimbursements. As a matter of regulatory policy, OGE is also raising the widely attended gatherings nonsponsor gifts exception dollar ceiling under the executive branchwide standards of ethical conduct regulation, but this change is not retroactive.

We propose to adopt a new airworthiness directive (AD) for Fuji Heavy Industries, Ltd. Models FA-200-160, FA-200-180, and FA-200- 180AO airplanes. 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 deterioration of brake performance due to seal defects caused by deterioration due to age of the O-rings of the brake master cylinder. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX) emissions from large water heaters, boilers, steam generators, and process heaters. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

The U.S. Small Business Administration (SBA or Agency) proposes to increase employee based size standards for 46 industries in North American Industry Classification System (NAICS) Sector 42, Wholesale Trade, and one industry in NAICS Sector 44-45, Retail Trade and retain the current size standards in the remaining industries in those sectors. SBA also proposes to retain the current 500-employee size standard for Federal procurement of supplies under the nonmanufacturer rule. As part of its ongoing comprehensive size standards review, SBA reviewed all 71 industries in NAICS Sector 42 as well as the two industries in NAICS Sector 44-45 that have employee based size standards. The proposed revisions, if adopted, will primarily affect eligibility for SBA's financial assistance programs. This proposed rule is one of a series of proposed rules that will review size standards of industries grouped by NAICS Sector.

The Federal Communications Commission (``Commission'') adopts a rule providing that it is a violation of the duty to negotiate retransmission consent in good faith for a television broadcast station that is ranked among the top four stations as measured by audience share to negotiate retransmission consent jointly with another such station, if the stations are not commonly owned and serve the same geographic market. The rule is intended to promote competition among Top Four broadcast stations for carriage of their signals by multichannel video programming distributors and facilitate the fair and effective completion of retransmission consent negotiations.

On April 25, 2014, the Bureau of Consumer Financial Protection (Bureau) published in the Federal Register a Notice of Proposed Rulemaking proposing amendments to certain requirements set forth in subpart B of Regulation E related to remittance transfers (Remittance Proposal). The Remittance Proposal allowed a 30-day comment period that will end on May 27, 2014. To allow interested persons additional time to consider and submit their responses, the Bureau has determined that an extension of the comment period until June 6, 2014, is appropriate.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Amtrak Spuyten Duyvil Bridge across the Harlem River at mile 7.9, at New York City, New York. The deviation is necessary to facilitate repairs to the miter rails at the bridge. This temporary deviation authorizes the bridge to remain in the closed position for seven hours.

The Coast Guard will enforce a segment of the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, Calumet-Saganashkee Channel on all waters of the Chicago Sanitary and Ship Canal from Mile Marker 296.1 to Mile Marker 296.7 at specified times from May 19 to July 1, 2014. This action is necessary to protect the waterway, waterway users, and vessels from the hazards associated with the U.S. Army Corps of Engineers' installation of a new permanent fish barrier. During the enforcement periods listed below, entry into, transiting, mooring, laying-up or anchoring within the enforced area of this safety zone by any person or vessel is prohibited unless authorized by the Captain of the Port, Lake Michigan, or his designated representative.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Montlake Bridge across the Lake Washington Ship Canal, mile 5.2, at Seattle, WA, and the University Bridge across the Lake Washington Ship Canal, mile 4.3, at Seattle, WA. This deviation is necessary to accommodate the ``Beat the Bridge'' foot race. This deviation allows the bridges to remain in the closed position to allow for the safe movement of event participants.

The General Services Administration (GSA) is issuing a correction to GSAR Change 57; GSAR Case 2012-G503; Industrial Funding Fee (IFF) and Sales Reporting, which was published in the Federal Register at 79 FR 21400, April 16, 2014.

The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of May 24, 2014, for the direct final rule that was published in the Federal Register on March 10, 2014. This direct final rule amended the NRC's spent fuel storage regulations by revising the Transnuclear, Inc. Standardized NUHOMS[supreg] Cask System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 13 to Certificate of Compliance (CoC) No. 1004.

This action corrects the Pacific coast groundfish harvest specifications and management measures regulations that published in the Federal Register on January 3, 2013. Specifically, this rule corrects the 2014 shorebased trawl allocations for several species of groundfish in the shorebased trawl allocation table that were inadvertently misreported. Quota share accounts will be updated to reflect this correction within two weeks from May 16, 2014.

NMFS is issuing regulations under the Tuna Conventions Act to implement Resolution C-13-02 of the Inter-American Tropical Tuna Commission (IATTC or the Commission) by specifying limits on U.S. commercial catch of Pacific bluefin tuna from the eastern Pacific Ocean (EPO) waters of the IATTC Convention Area in 2014. This action is necessary for the United States to satisfy its obligations as a member of the IATTC to conserve Pacific Bluefin tuna, which is an overfished stock.

This action promulgates quality assurance and quality control (QA/QC) procedures (referred to as Procedure 3) for continuous opacity monitoring systems (COMS) used to demonstrate continuous compliance with opacity standards specified in new source performance standards (NSPS) issued by the EPA pursuant to section 111(b) of the Clean Air Act (CAA), Standards of Performance for New Stationary Sources.

The Coast Guard is canceling the scheduled temporary deviation concerning the operating schedule for the Stillwater Highway Drawbridge across the St. Croix River, mile 23.4, at Stillwater, Minnesota, during the 2014 navigation season.

NMFS is issuing regulations under the Tuna Conventions Act to implement Resolution C-13-02 of the Inter-American Tropical Tuna Commission (IATTC or the Commission) by specifying limits on U.S. commercial catch of Pacific bluefin tuna from the eastern Pacific Ocean (EPO) waters of the IATTC Convention Area in 2014. This action is necessary for the United States to satisfy its obligations as a member of the IATTC to conserve Pacific Bluefin tuna, which is an overfished stock.

The Food and Drug Administration (FDA) is classifying the colon capsule imaging system into class II (special controls). The special controls that will apply to the device are identified in this order and will be part of the codified language for the colon capsule imaging system's classification. The Agency is classifying the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device.

This interim final rule updates policy, responsibilities, and procedures for providing care to minor children birth through age 12 years of individuals who are eligible for care in DoD CDPs to include center-based care, family child care (FCC), school-age care (SAC), supplemental child care, and community based care; authorizes the publication of supporting guidance for the implementation of CDP policies and responsibilities, including child development training modules, program aids, and other management tools; and establishes the DoD Effectiveness Rating and Improvement System (ERIS).

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Commonwealth of Pennsylvania's (Pennsylvania) State Implementation Plan (SIP). The revisions consist of an update to the Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides (NOX) for the 1997 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) SIP for the Allentown-Bethlehem- Easton 1997 8-Hour Ozone NAAQS Maintenance Area (Allentown Maintenance Area). The SIP revision also includes an updated point source inventory for NOX. This rulemaking action approves the updated MVEBs and thereby makes them available for transportation conformity purposes. EPA is approving these revisions to the MVEBs and point source inventory in accordance with the requirements of the Clean Air Act (CAA).

The U.S. Nuclear Regulatory Commission (NRC) is conducting an update to a Strategic Assessment of its Low-Level Radioactive Waste (LLRW) regulatory program. The objective of this assessment is to identify and prioritize activities that the staff can undertake to ensure a stable, reliable and adaptable regulatory framework for effective LLRW management, while also considering future needs and changes that may occur in the nation's LLRW management system. The staff is seeking comments on developments that would affect the LLRW regulatory program in the next several years that would affect licensees and sited States and actions that the NRC could take to ensure safety, security, and the protection of the environment.