June 2014 – Federal Register Recent Federal Regulation Documents

In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Chief Operating Officer for Federal Student Aid (FSA) of the U.S. Department of Education (Department) publishes this notice to revise the system of records previously maintained by the U.S. Department of Health and Human Services (HHS) entitled ``Health Education Assistance On-Line Processing System (HOPS)'' (09-15-0044) because of the statutory transfer of the underlying loan program to the Department. As revised, the Department is retitling and renumbering the system of records as the ``Health Education Assistance Loan (HEAL) program'' (18-11-20). The revisions are consistent with the amendments made by the Consolidated Appropriations Act, 2014, which permanently transferred the authority to administer the HEAL program from the Secretary of Health and Human Services to the Secretary of Education.

The NCUA Board (Board) proposes to amend its regulations to clarify that a natural person federal credit union (FCU) is authorized to securitize loans that it has originated, as an activity incidental to the business for which an FCU is chartered, provided the transaction meets certain requirements. The proposed rule would also apply those requirements to federally insured, state-chartered credit unions (FISCUs) that are permitted by state law to securitize their assets.

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on information collection associated with the Medical Device ISO 13485:2003 Voluntary Audit Report Submission Pilot Program.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Regulation of Fuels and Fuel Additives: Gasoline Volatility (Renewal) (EPA ICR No. 1367.11, OMB Control No. 2060-0178) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through July 31, 2014. Public comments were previously requested via the Federal Register (79 FR 3199) on January 17, 2014 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) is forwarding three Information Collection Requests (ICR) to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB). Our ICR describes the information we seek to collect from the public. Review and approval by OIRA ensures that we impose appropriate paperwork burdens. The RRB invites comments on the proposed collections of information to determine (1) the practical utility of the collections; (2) the accuracy of the estimated burden of the collections; (3) ways to enhance the quality, utility, and clarity of the information that is the subject of collection; and (4) ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to the RRB or OIRA must contain the OMB control number of the ICR. For proper consideration of your comments, it is best if the RRB and OIRA receive them within 30 days of the publication date. 1. Title and purpose of information collection: Financial Disclosure Statement; OMB 3220-0127. Under Section 10 of the Railroad Retirement Act and Section 2(d) of the Railroad Unemployment Insurance Act, the RRB may recover overpayments of annuities, pensions, death benefits, unemployment benefits, and sickness benefits that were made erroneously. An overpayment may be waived if the beneficiary was not at fault in causing the overpayment and recovery would cause financial hardship. The regulations for the recovery and waiver of erroneous payments are contained in 20 CFR parts 255 and CFR part 340. The RRB utilizes Form DR-423, Financial Disclosure Statement, to obtain information about the overpaid beneficiary's income, debts, and expenses if that person indicates that (s)he cannot make restitution for the overpayment. The information is used to determine if the overpayment should be waived as wholly or partially uncollectible. If waiver is denied, the information is used to determine the size and frequency of installment payments. The beneficiary is made aware of the overpayment by letter and is offered a variety of methods for recovery. One response is requested of each respondent. Completion is voluntary. However, failure to provide the requested information may result in a denial of the waiver request. Previous Requests for Comments: The RRB has already published the initial 60-day notice (79 FR 20251 on April 11, 2014) required by 44 U.S.C. 3506(c)(2). That request elicited no comments.

The Coast Guard seeks applications for membership on the Navigation Safety Advisory Council. The Navigation Safety Advisory Council provides advice and recommendations to the Secretary of Homeland Security, through the Commandant of the U.S. Coast Guard, on matters relating to maritime collisions, rammings, and groundings; Inland Rules of the Road; International Rules of the Road; navigation regulations and equipment, routing measures, marine information, diving safety, and aids to navigation systems.

The Coast Guard is establishing three temporary safety zones during Fourth of July firework events on navigable waterways in the vicinity of Stuart, West Palm Beach, and Miami, Florida. These safety zones are necessary to protect the public from hazards associated with launching fireworks over the navigable waters of the United States. Non-participant persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within any of the safety zones unless authorized by the Captain of the Port Miami or a designated representative.

The Environmental Protection Agency has submitted an information collection request (ICR), NESHAP for Group I Polymers and Resins (40 CFR Part 63, Subpart U) (Renewal) (EPA ICR No. 2410.03, OMB Control No. 2060-0665), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through June 30, 2014, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

EPA has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.): Plant Incorporated Protectants; CBI Substantiation and Adverse Effects Reporting (EPA ICR No. 1693.08, OMB Control No. 2070- 0142). EPA did not receive any comments in response to the previously provided public review opportunity issued in the Federal Register on September 25, 2013 (78 FR 59014). With this submission, EPA is providing an additional 30 days for public comments. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The Coast Guard is establishing a temporary safety zone on Lake Erie, Hamburg, NY. This rule is necessary to protect the United States military and Canadian military participants as well as mariners and vessels from the navigational and safety hazards associated with the airborne deployment of U.S. and Canadian military personnel and their associated equipment. This rule is intended to restrict vessels from a portion of Lake Erie from the shoreline of Woodlawn Beach out approximately one mile into Lake Erie during the airborne deployment exercise.

Through this action NMFS is prohibiting directed fishing for Pacific sardine off the coasts of Washington, Oregon and California. This action is necessary because the non-tribal directed harvest allocation total of 5,446 mt for the interim harvest period of January 1, 2014, through June 30, 2014, has been projected to have been reached. From the effective date of this rule until July 1, 2014, Pacific sardine may be harvested only as part of either the live bait or tribal fishery or incidental to other fisheries; the incidental harvest of Pacific sardine is limited to 40-percent by weight of all fish per trip. Fishing vessels must cease fishing [be at shore and in the process of offloading] at or before the effective date of this closure.

As part of NCUA's Regulatory Modernization Initiative, the NCUA Board (Board) is proposing to revise two of NCUA's regulations regarding appraisals. Firstly, the Board is proposing to amend NCUA's regulations to eliminate the now duplicative requirement that federal credit unions (FCUs) make available, to any requesting member/ applicant, a copy of the appraisal used in connection with that member's application for a loan secured by a first lien on a dwelling. A recent amendment to the Consumer Financial Protection Bureau's (CFPB) Regulation B requires that all creditors, including FCUs, now automatically provide applicants with free copies of all appraisals and other written valuations developed in connection with an application for a loan to be secured by a first lien on a dwelling. Secondly, the proposed rule would amend NCUA's appraisal regulations by expanding the current exemption for certain transactions involving an existing extension of credit. Under the expanded exemption, federally insured credit unions (FICUs) would be able to refinance or modify a real estate-related loan held by the FICU, without having to obtain an appraisal, if there is no advancement of new monies or if there is adequate collateral protection, even with the advancement of new monies. The proposal would also make a minor technical amendment to the definition of the term ``application.'' These changes will modernize NCUA's regulations by better aligning them with the modern marketplace, while also reducing costs for FICUs and their members, and removing outdated regulatory requirements.

EPA has submitted the following information collection request (ICR), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.): Chemical-Specific Rules, TSCA Section 8(a) (EPA ICR No. 1198.10, OMB Control No. 2070-0067). EPA did not receive any comments in response to the previously provided public review opportunity issued in the Federal Register on November 22, 2013 (78 FR 70037). With this submission, EPA is providing an additional 30 days for public comments. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The Environmental Protection Agency (EPA) is taking final action to approve the portions of revisions to the Georgia State Implementation Plan (SIP), submitted by the Georgia Environmental Protection Division (GA EPD), on September 15, 2008, and August 30, 2010, that incorporate changes to the state rules reflecting the 2006 national ambient air quality standards (NAAQS) for particulate matter (PM). EPA approved the remaining portions of Georgia's September 15, 2008, and August 30, 2010, SIP revisions in a previous rulemaking.

In this document, the Federal Communications Commission (Commission) extends the freeze of jurisdictional separations category relationships and cost allocation factors in the Commission's rules for three years, through June 30, 2017.

On June 27, 2005, the Environmental Protection Agency (EPA) proposed action on particulate matter rule revisions that Ohio submitted on June 4, 2003. While EPA subsequently took final action with respect to provisions that it proposed to approve, EPA has not taken final action with respect to provisions relating to opacity limitations that EPA proposed to disapprove on June 27, 2005. EPA is evaluating the public comments received in response to the proposed disapproval published on June 27, 2005. EPA believes that events subsequent to the publication of the proposed disapproval and the associated comment period have not altered the criteria for evaluating Ohio's rule revisions relating to opacity and have not otherwise influenced whether the rule revisions should be disapproved, as proposed. Nevertheless, given the passage of time, EPA is soliciting supplemental comment specifically with respect to whether events subsequent to the prior comment period should alter EPA's proposed disapproval of Ohio's June 4, 2003, submission with respect to SIP opacity limitations. EPA is not soliciting comments on Ohio's submission or EPA's proposed June 27, 2005, action on that submission, except to the extent that events subsequent to the original comment period are relevant to EPA's evaluation of the submission and EPA's proposed action. This is not a re-opening of the original comment period, but the opening of a supplemental comment period, as described further below.

We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively referred to as the ``Services'' or ``we''), announce the extension of the public comment periods on our May 12, 2014, proposals to revise definitions and regulations regarding critical habitat. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of each final rule.

The Department of the Army has completed a Supplemental Programmatic Environmental Assessment (SPEA) for Army force structure realignment and is making a draft Finding of No Significant Impact (FNSI) available for public comment. The draft FNSI incorporates the SPEA, which does not identify any significant environmental impacts from the proposed action, with the exception of socioeconomic impacts at most installations. The draft FNSI concludes that preparation of an Environmental Impact Statement (EIS) is not required. Current budgetary projections require the Army to analyze the reduction of active component end strength below the 490,000 Soldier reduction analyzed in the January 2013 Programmatic Environmental Assessment for Army 2020 Force Structure Realignment (PEA) as the further reductions exceed the scope of the 2013 PEA analysis. The SPEA builds on the foundation of the 2013 PEA and assesses the impacts of a potential reduction of an additional 70,000 Soldiers and associated reductions in Army civilians, down to an Active Component end-strength of 420,000 Soldiers. These reductions are necessary to achieve the savings required by the Budget Control Act of 2011. Nearly all Army installations will be affected in some way by additional reductions. The 2013 PEA evaluated 21 Army and joint base installations. With the deeper reductions now anticipated, the Army must consider nine additional installations that could experience reductions of 1,000 or more Active Component Soldiers and/or Army civilians. The SPEA does not identify any significant environmental impacts anticipated as a result of implementing the proposed action, with the exception of socioeconomic impacts at most installations; consequently, the preparation of an environmental impact statement is not required.

The Department of Veterans Affairs National Cemetery Administration (NCA) proposes to amend its regulations to establish a new program to furnish caskets and urns for the interment of the remains of veterans with no known next- of-kin (NOK) where sufficient financial resources are not available for this purpose. This rulemaking is necessary to implement new statutory authority by establishing procedures to provide reimbursement for privately purchased caskets or urns and to otherwise administer the new program. This proposed rule would implement a portion of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (the Act).

This action provides interested persons with the opportunity to comment on the FAA's interpretation of the special rule for model aircraft established by Congress in the FAA Modernization and Reform Act of 2012. In this interpretation, the FAA clarifies that: Model aircraft must satisfy the criteria in the Act to qualify as model aircraft and to be exempt from future FAA rulemaking action; and consistent with the Act, if a model aircraft operator endangers the safety of the National Airspace System, the FAA has the authority to take enforcement action against those operators for those safety violations.