June 2014 – Federal Register Recent Federal Regulation Documents

Through this rule, HUD removes its regulations previously authorized under the Real Estate Settlement Procedures Act of 1974 (RESPA), the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (SAFE Act), and the Interstate Land Sales Full Disclosure Act (ILSFDA). Responsibility for administration of these statutes, including authority to issue regulations, was transferred to the Consumer Financial Protection Bureau (CFPB) pursuant to title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). Accordingly, HUD's regulations for these statutes are no longer operative, and are being removed by this final rule.

These special conditions are issued for the Bombardier Aerospace Models BD-500-1A10 and BD-500-1A11 airplanes. These airplanes have novel or unusual design features as compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. These design features include engine size and the potential torque loads imposed by sudden engine stoppage. 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.

This document sets forth the revised appendices to the Dairy Tariff-Rate Import Quota Licensing Regulation for the 2014 quota year reflecting the cumulative annual transfers from Appendix 1 to Appendix 2 for certain dairy product import licenses permanently surrendered by licensees or revoked by the Licensing Authority.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Great Basin Unified Air Pollution Control District (GBUAPCD) portion of the California State Implementation Plan (SIP). This revision concerns particulate matter (PM) emissions from agricultural sources. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).

The Federal Emergency Management Agency (FEMA) is withdrawing its proposed rule concerning proposed flood elevation determinations for Warren County, Pennsylvania (All Jurisdictions).

This document amends regulations of the Federal Labor Relations Authority and the General Counsel of the Federal Labor Relations Authority to reflect changes in the addresses and phone numbers of Regional Offices, and to provide for changes in the geographical jurisdictions of five of the seven Regional Directors concerning unfair labor practice charges and representation petitions.

This final rule amends the Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single- Employer Plans and Allocation of Assets in Single-Employer Plans to prescribe interest assumptions under the benefit payments regulation for valuation dates in July 2014 and interest assumptions under the asset allocation regulation for valuation dates in the third quarter of 2014. The interest assumptions are used for valuing and paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.

On April 2, 2014, the U.S. Environmental Protection Agency (EPA or the agency) took direct final action on a petition submitted by the U.S. Defense Logistics Agency (DLA) to allow DLA to import foreign- manufactured polychlorinated biphenyls (PCBs) from Japan effective on July 1, 2014, unless EPA received adverse written comments or a request to hold an informal hearing. Because EPA received an adverse comment, as well as a request for an informal hearing, we are withdrawing the direct final rule titled, ``Polychlorinated Biphenyls (PCBs): Manufacturing (Import) Exemption for the Defense Logistics Agency (DLA).'' This notice also announces the time and location of that hearing.

The U.S. Department of Energy (DOE) will hold a public meeting to discuss the energy model used in the engineering analysis supporting its energy conservation standard rulemaking for automatic commercial ice makers. During the meeting, DOE will provide detailed description of the Energy Model and demonstrate its use.

The U.S. Department of Energy (DOE or the Department) is giving notice that it intends to establish a negotiated rulemaking working group under the Appliance Standards and Rulemaking Federal Advisory Committee (ASRAC) in accordance with the Federal Advisory Committee Act (FACA) and the Negotiated Rulemaking Act (NRA) to negotiate proposed Federal standards for the energy efficiency of manufactured homes. The purpose of the working group will be to discuss and, if possible, reach consensus on a proposed rule for the energy efficiency of manufactured homes, as authorized by section 413 of the Energy Independence and Security Act of 2007 (EISA). The working group will consist of representatives of parties having a defined stake in the outcome of the proposed standards, and will consult as appropriate with a range of experts on technical issues.

With this final rule, NOAA re-establishes the process by which communities may submit applications to have NOAA consider nominations of areas of the marine and Great Lakes environments as national marine sanctuaries. Communities, in this context, are defined as a collection of interested individuals or groups (e.g., a friends of group, a chamber of commerce); local, tribal, state, or national agencies; elected officials; or topic-based stakeholder groups, at the local, regional or national level (e.g., a local chapter of an environmental organization, a regionally-based fishing group, a national-level recreation or tourism organization, academia or science-based group, or an industry association). Through this nomination process, NOAA is seeking to give communities an opportunity to identify special marine and Great Lakes areas they believe would benefit from designation as a national marine sanctuary. There is no requirement for who may nominate an area for consideration; however, nominations should demonstrate broad support from a variety of stakeholders and interested parties. This rule contains the criteria and considerations NOAA will use to evaluate national marine sanctuary nominations, describes the process for submitting national marine sanctuary nominations, and promulgates the regulations necessary to implement this action. If NOAA determines a nomination adequately meets the final criteria and considerations, it may place that nomination into an inventory of areas for the NOAA Administrator, as delegated from the Secretary of Commerce, to consider for designation as a national marine sanctuary. As such, NOAA is not designating any new national marine sanctuaries with this action. In issuing this rule, NOAA replaces the currently inactive Site Evaluation List with a new process for communities and other interested parties to work collaboratively and innovatively in their submission of national marine sanctuary nominations. The re-opening of the sanctuary nomination process was supported by the majority of the nearly 18,000 comments NOAA received on its proposed rule issued June 28, 2013.

Framework Adjustment 3 to the Atlantic Herring Fishery Management Plan would establish a process for setting river herring (alewife and blueback) and shad (American and hickory) catch caps for the herring fishery. In addition, this action would set these catch caps for the 2014 and 2015 fishing years. This action is consistent with Herring Amendment 5, which addresses river herring catch and allows for river herring and shad catch caps to be implemented through a framework. This action would allow the Council to set river herring and shad catch caps and associated measures in future years through specifications or frameworks, whichever is appropriate. Catch of river herring and shad includes both bycatch (discards) and incidental catch that is retained.

The Coast Guard is removing the existing drawbridge operation regulation for the Norfolk Southern Railroad Bridge across the West Pearl River, mile 22.1 at Pearl River Station, St. Tammany Parish, Louisiana. The bridge was modified from a swing bridge to a fixed bridge and the current operating regulation is no longer necessary.

We are amending our regulations to state that we will obtain evidence from any appropriate source. Our current regulations provide that we will obtain information from ``special arrangement sources'' for those infrequent situations when we are in a better position than our State agency partners to obtain evidence. Due to improved evidence collection through our increased use of health information technology (health IT), we are obtaining evidence electronically with increasing frequency. We expect that, over time, the electronic exchange of medical records will become our primary means for obtaining medical evidence. As we increase our use of health IT, the designation of ``special arrangement sources'' will no longer adequately describe from whom we collect evidence.

The Coast Guard will enforce the safety zone for the Fourth of July Fireworks, Tahoe City, CA in the Captain of the Port, San Francisco area of responsibility on July 4, 2014. This action is necessary to protect life and property of the maritime public from the hazards associated with the fireworks display. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM).

The Coast Guard is establishing a temporary safety zone on Cuyahoga River, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Cuyahoga River while demolition of the old I- 90 Inner-belt bridge spanning the Cuyahoga River is undertaken. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with the removal of a span across the river.

The Food and Drug Administration (FDA) is withdrawing the proposed rule the Agency issued in the Federal Register of August 8, 2011, and the proposed order the Agency issued in the Federal Register of April 4, 2013, in part. In those documents, FDA proposed to require the filing of a premarket approval application (PMA) or a notice of completion of a product development protocol (PDP) for the class III preamendment device, cranial electrotherapy stimulator (CES). In response to information received in response to these two proposed actions, FDA is withdrawing the proposed rule and proposed order.

The Coast Guard has issued a temporary deviation from the operating schedule of the US 70/Alfred C. Cunningham Bridge across the Trent River mile 0.0, at New Bern, NC. The deviation is necessary to facilitate the annual Bike Multiple Sclerosis (MS): Historic New Bern Ride. This deviation allows the bridge to remain in the closed position so that cyclists can safely exit Union Point Park and enter the bike route.

This document contains final regulations revising the regulations governing practice before the Internal Revenue Service (IRS). These final regulations affect individuals who practice before the IRS. These final regulations modify the standards governing written advice and update other related provisions of the regulations.

These special conditions are issued for Airbus Model A350-900 Series airplanes. These airplanes will have a novel or unusual design feature(s) associated with a braking system that affects the airplane's pivoting behavior. 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.

These special conditions are issued for Airbus Model A350-900 series airplanes. These airplanes will have a novel or unusual design feature associated with the in-flight fire and flammability resistance of the composite fuselage. Experience has shown that eliminating fire propagation on the surface of interior and insulating materials enhances survivability since the threats from an in-flight fire (e.g., toxic gas emission and smoke obscuration) are typically by-products of a propagating fire. The Airbus Model A350-900 series airplanes must provide protection against an in-flight fire propagating along the surface of the fuselage. Special conditions are needed to address this design feature. 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.

These special conditions are issued for the Gulfstream Model GVI airplane. This airplane, as modified by Gulfstream, will have a novel or unusual design feature associated with airbag-equipped shoulder belts. 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.

The Commission is issuing a set of final rules addressing the price cap for market dominant price adjustments. This action follows a review of comments on proposed rules. The changes, which concern rate decreases, rate incentives, and de minimis rate increases, update and clarify the rules.

The U.S. Small Business Administration (SBA or Agency) is adjusting the monetary based industry size standards (i.e., receipts, assets, net worth, and net income) for inflation that has occurred since the last adjustment in 2008. These adjustments are in addition to the recent revisions to size standards as part of the current comprehensive size standards review, as mandated by the Small Business Jobs Act of 2010 (Jobs Act). Also adjusted for inflation are program based size standards, with the exception of the new alternative size standard for SBA's 7(a) and 504 loan programs that was established under the Jobs Act. The new alternative size standard will remain in effect until SBA establishes a permanent alternative size standard for the 7(a) and 504 loan programs. SBA is also deleting references to Surety Bond Guarantee size standards for contracts awarded in 2005 in the Presidentially declared disaster areas following Hurricanes Katrina, Rita, and Wilma. In addition, SBA is deleting the determination date for eligibility under the Agency's Economic Injury Disaster Loan (EIDL) Program in connection with the same 2005 hurricanes. Finally, SBA is clarifying that footnote 9 to its table of size standards is not limited to NAICS 531190, but rather applies to all industries in Industry Group 5311, Lessors of Real Estate.

GSA is amending the Federal Management Regulation (FMR) provisions pertaining to the use of United States air carriers for cargo under the ``Fly America Act''; updating the current provisions in the FMR regarding the Cargo Preference Act of 1954, as amended; and clarifying FMR language to state clearly that this part applies to all agencies and wholly-owned Government corporations except where otherwise expressly provided.