September 2014 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing a temporary safety zone on the Fox River in Green Bay, Wisconsin. This safety zone is intended to restrict vessels from a portion of the Fox River due to demolition work on a railroad bridge. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the bridge demolition.

The Architectural and Transportation Barriers Compliance Board (Access Board) is correcting a document that appeared in the Federal Register of May 7, 2014 (79 FR 26125). The document was a final rule that amended the Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA) Accessibility Guidelines to specifically address emergency transportable housing units provided to disaster survivors by entities subject to the ADA or ABA.

The Coast Guard will enforce the annual Blue Water Resort and Casino (BWRC) Parker Enduro marine event and associated waterway restriction special local regulations on October 24-26, 2014. This event occurs in the navigable waters of the Colorado River in Parker, Arizona between river miles 179 and 185 (between the Roadrunner Resort and the Headgate Dam). These special local regulations are necessary to provide for the safety of the participants, crew, spectators, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative.

The Commodity Futures Trading Commission (Commission or CFTC) is amending its regulations (Amendments) in order to permit a person to exclude utility operations-related swaps entered into with utility special entities in calculating the aggregate gross notional amount of the person's swap positions, solely for purposes of the de minimis exception applicable to swaps with special entities.

This document contains corrections to final regulations (TD 9687) that were published in the Federal Register on Tuesday, August 12, 2014 (79 FR 47246). The final regulations provide comprehensive guidance for the award program authorized under Internal Revenue Code (Code) section 7623.

NMFS is prohibiting directed fishing for pollock in Statistical Area 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2014 total allowable catch of pollock for Statistical Area 630 in the GOA.

This document contains corrections to final regulations (TD 9684) that were published in the Federal Register on Monday, July 28, 2014 (79 FR 43631). The final regulations provide guidance on the annual fee imposed on covered entities engaged in the business of manufacturing branded prescription drugs.

FRA proposes to revise and clarify existing regulations related to the use of glazing materials in the windows of locomotives, passenger cars, and cabooses. This proposed rule would reduce paperwork and other economic burdens on the rail industry by removing a stenciling requirement for locomotives, passenger cars, and cabooses that are required to be equipped with glazing. This proposed rule would also clarify the application of the regulations to antiquated equipment and to the end locations of all equipment to provide more certainty to the rail industry and more narrowly address FRA's safety concerns. FRA is also proposing to clarify the definition of passenger car and separately to update the rule by removing certain compliance dates that are no longer necessary.

This rule implements the new Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) Programs authorized by the Agricultural Act of 2014 (the 2014 Farm Bill). It also includes conforming changes to certain Farm Service Agency (FSA) regulations that apply to multiple programs. ARC and PLC provide producers a choice between a program that provides counter-cyclical type of payment supportPLC, and a revenue support type of programARC. During a defined election period, current producers can elect different programs for different covered commodities on a farm, for example, choosing PLC for corn and ARC county option for soybeans on the same farm. ARC offers the additional choice of a revenue guarantee based on average revenue for a county or on actual historical revenue for an individual farm. If a producer elects ARC individual coverage based on historical revenue for that specific farm, however, all the farm's covered commodities are elected with that option, with no option for PLC on that farm. This rule specifies the eligibility requirements, enrollment procedures, and payment calculations for ARC and PLC.

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations related to reportable safety events involving special nuclear material. This rule increases the time licensees are allowed to submit a written follow-up report from within 30 days to within 60 days after the initial report of an event, updates the reporting framework for certain situations, and removes redundant reporting requirements. These amendments affect a licensee or an applicant that is, or plans to be, authorized to possess greater than a critical mass of special nuclear material. This action resulted from a petition for rulemaking (PRM) received by the NRC (PRM-70-8). As a result of this direct final rule, the NRC's ``FCSS [Fuel Cycle Safety and Safeguards] Interim Staff Guidance-12, Revision 1, 10 CFR [Title 10 of the Code of Federal Regulations] Part 70Reportable Safety Events'' contains minor editorial updates that reflect the amendments.

The Federal Communications Commission (Commission) has received approval for the information collection requirement contained in the Special Access Proceeding from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520).

This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits for general waterfowl seasons and those early seasons for which States previously deferred selection. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2014-15 season.

OSHA is extending its November 10, 2014, deadline for employers to ensure that crane operators are certified by three years, until November 10, 2017. OSHA is also extending its employer duty to ensure that crane operators are competent to operate a crane safely for the same three-year period.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-8 and 747-8F series airplanes. This AD was prompted by an analysis by the manufacturer, which revealed that certain fuse pins for the strut-to-wing attachment of the outboard aft upper spar are susceptible to migration in the event of a failed fuse pin through bolt. This AD requires replacing the fuse pins for the strut-to-wing attachment of the outboard aft upper spar with new fuse pins, and replacing the access cover assemblies with new access cover assemblies. We are issuing this AD to prevent migration of these fuse pins, which could result in the complete disconnect and loss of the strut-to-wing attachment load path for the outboard aft upper spar. The complete loss of an outboard aft upper spar strut-to-wing attachment load path could result in divergent flutter in certain parts of the flight envelope, which could result in loss of control of the airplane.

In May 2014, the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC) (collectively, the agencies) issued a notice of proposed rulemaking (NPR or proposed rule) to revise the definition of the denominator of the supplementary leverage ratio (total leverage exposure) that the agencies adopted in July 2013 as part of comprehensive revisions to the agencies' regulatory capital rules (2013 revised capital rule). The agencies are adopting the proposed rule as final (final rule) with certain revisions and clarifications based on comments received on the proposed rule. The final rule revises total leverage exposure as defined in the 2013 revised capital rule to include the effective notional principal amount of credit derivatives and other similar instruments through which a banking organization provides credit protection (sold credit protection); modifies the calculation of total leverage exposure for derivative and repo-style transactions; and revises the credit conversion factors applied to certain off-balance sheet exposures. The final rule also changes the frequency with which certain components of the supplementary leverage ratio are calculated and establishes the public disclosure requirements of certain items associated with the supplementary leverage ratio. The final rule applies to all banks, savings associations, bank holding companies, and savings and loan holding companies (banking organizations) that are subject to the agencies' advanced approaches risk-based capital rules, as defined in the 2013 revised capital rule (advanced approaches banking organizations), including advanced approaches banking organizations that are subject to the enhanced supplementary leverage ratio standards that the agencies finalized in May 2014 (eSLR standards). Consistent with the 2013 revised capital rule, advanced approaches banking organizations will be required to disclose their supplementary leverage ratios beginning January 1, 2015, and will be required to comply with a minimum supplementary leverage ratio capital requirement of 3 percent and, as applicable, the eSLR standards beginning January 1, 2018.

This action reopens the comment period for a Notice of Proposed Rulemaking (NPRM) on transparency of airline ancillary fees and other consumer protection issues that was published in the Federal Register on May 23, 2014. We are extending the end of the comment period from September 22, 2014, to September 29, 2014. Open Allies for Airfare Transparency and the Travel Technology Association (Travel Tech) have noted the delay in posting the summary of a meeting attended by DOT staff with representatives of Airlines for America (A4A), the Regional Airline Association (RAA), and several of their member airlines on August 7, 2014. The reopening of the comment period is intended to provide all interested parties sufficient time prior to the close of the comment period for this rulemaking to review the summary of the August 7 meeting that DOT posted in the rulemaking docket.

On June 12, 2013, HUD published a Federal Register document that established the Native American Housing and Self-Determination Formula Negotiated Rulemaking Committee, 2013 (Committee). The purpose of the Committee is to develop regulatory changes to the funding formula for the Indian Housing Block Grant (IHBG) program authorized by the Native American Housing Assistance and Self-Determination Act of 1996. As part of its charter, the Committee is reviewing whether the current data source for the needs variables, which is the U.S. Decennial Census, should be updated or revised. HUD and the Committee are considering all relevant data sources, including the American Community Survey (ACS), and how each data source might be used or modified, to serve as the source of the data upon which the needs variables of the IHBG formula would be based. This Request for Information requests interested members of the public to provide information regarding alternate data sources, including ACS, which might serve as the basis upon which the needs variables of the IHBG formula could be based.

This action proposes to expand the lateral boundary of restricted area R-3804B, Fort Polk, LA, and raise the restricted area ceiling to, but not including 10,000 feet mean sea level (MSL). The expanded restricted airspace would be used to contain new live fire ranges and support mission requirements of the U.S. Army in order to fully exploit the capabilities of modern weapons systems and complex training scenarios that replicate the conditions encountered during military deployments today. This action also proposes time of designation changes to R-3804A and R-3804B to better reflect when the restricted areas are required and in use by the U.S. Army and when the airspace is available for use by nonparticipants. This action would incorporate editorial corrections to the R-3804A, R-3804B, and R-3804C legal descriptions.

The Commission has before it a petition for rulemaking filed by WKEF Licensee L.P. (``WKEF Licensee''), the licensee of station WKEF(TV), channel 51, Dayton, Ohio, requesting the substitution of channel 18 for channel 51 at Dayton. While the Commission instituted a freeze on the acceptance of full power television rulemaking petitions requesting channel substitutions in May 2011, it subsequently announced that it would lift the freeze to accept such petitions for rulemaking seeking to relocate from channel 51 pursuant to a voluntary relocation agreement with Lower 700 MHz A Block licensees. WKEF Licensee has entered into such a voluntary relocation agreement with T-Mobile, Inc. and states that operation on channel 18 would eliminate potential interference to and from wireless operations in the adjacent Lower 700 MHZ A Block.

This action proposes to establish Class D airspace and Class E airspace designated as an extension, at Hammond, LA. The establishment of an air traffic control tower has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations within the airspace at Hammond Northshore Regional Airport. This action also would amend the airport name and adjust the geographic coordinates for the current Class E airspace area.

This final rule amends the Bureau of Land Management (BLM) mineral resources regulations to update some fees that cover the BLM's cost of processing certain documents relating to its minerals programs and some filing fees for mineral-related documents. These updated fees include those for actions such as lease renewals and mineral patent adjudications.

This regulation establishes tolerances for residues of thiabendazole in or on multiple commodities which are identified and discussed later in this document. Syngenta Crop Protection, LLC., requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

NMFS proposes to amend the Capital Construction Fund (CCF) regulations to eliminate provisions that no longer meet the needs of CCF participants, and to simplify and clarify the regulations to better implement the purposes of the underlying statute. These amendments would eliminate the minimum cost and maximum allowable completion time for reconstruction projects, requirements for minimum annual deposits and the requirement that any vessel acquired with CCF funds must be reconstructed, regardless of vessel condition. The new regulations would also add a restriction that the CCF program (program) would not allow withdrawals of funds for projects that increase harvesting capacity.

These special conditions are issued for Boeing Model 777-300ER airplanes with single-occupant, oblique (side-facing) seats equipped with inflatable lapbelts. This installation is novel or unusual, and the applicable airworthiness regulations do not contain adequate or appropriate safety standards for occupants of seats installed at an oblique angle of 30 degrees to the centerline of the airplane or for inflatable restraint systems. 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.

PHMSA is notifying the public of its intent to extend the comment period by thirty days for a notice of proposed rulemaking entitled ``Hazardous Materials: Reverse Logistics'' under Docket Number PHMSA-2011-0143 (HM-253) published in the Federal Register on August 11, 2014.