September 2014 – Federal Register Recent Federal Regulation Documents

This rule amends the Export Administration Regulations (EAR) by adding twenty-eight persons under thirty-four entries to the Entity List. The twenty-eight persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These twenty-eight persons will be listed on the Entity List under the destinations of Afghanistan, Armenia, Australia, China, Greece, Hong Kong, India, Ireland, Pakistan, Singapore, United Arab Emirates (U.A.E.), and United Kingdom (U.K.). There are thirty-four entries for twenty-eight persons because two persons are listed under multiple countries, resulting in six additional entries. Specifically, the six additional entries cover one person in China who also has addresses in Hong Kong and one person in Pakistan who also has addresses in Armenia, Greece, India, the U.A.E., and the U.K. This final rule makes modifications to two existing entries on the Entity List to provide additional addresses and subordinates in those entries. This rule also removes three persons from the Entity List, as the result of a determination made by the End-User Review Committee (ERC).

On August 7, 2014, NMFS published a proposed rule on Draft Amendment 9 to the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) to consider management measures in the smoothhound shark and other Atlantic shark fisheries. As described in the proposed rule, NMFS is proposing measures that would: (1) Establish an effective date for previously-adopted smoothhound shark management measures finalized in Amendment 3 to the 2006 Consolidated HMS FMP (Amendment 3) and the 2011 HMS Trawl Rule; (2) increase the smoothhound shark annual quota previously finalized in Amendment 3 using updated landings data; (3) implement the smooth dogfish-specific provisions in the Shark Conservation Act of 2010 (Pub. L. 111-348) (SCA); (4) implement the Atlantic shark gillnet requirements of a 2012 Shark Biological Opinion; and (5) modify current regulations related to the use of vessel monitoring systems (VMS) by Atlantic shark fishermen using gillnet gear. In this notice, NMFS announces the dates and logistics for two public hearings and two webinars to provide the opportunity for public comment on measures described in the proposed rule and Draft Amendment 9.

The Food and Drug Administration (FDA) is classifying tryptase test system devices into class II (special controls). The Agency is classifying the device into class II (special controls) because special controls, in addition to general controls, will provide a reasonable assurance of safety and effectiveness of the device.

This action amends 5 VHF Omnidirectional Range (VOR) Federal airways (V-6, V-30, V-126, V-133, and V-416) and removes 1 VOR Federal airway (V-65) in the vicinity of Sandusky, OH. The FAA is taking this action due to the scheduled decommissioning of the Sandusky, OH, VOR/ Distance Measuring Equipment (VOR/DME) facility that provides navigation guidance for a portion of the airways listed.

The United States Copyright Office is issuing a final rule to implement section 115 of the Copyright Act of 1976. Section 115 establishes a compulsory license for the making and distribution of phonorecords of nondramatic musical works. Section 115, in turn, requires the Register of Copyrights to prescribe by regulation the procedures for the monthly payment of royalties and preparation and service of monthly and annual statements of account by licensees. This final rule updates the existing payment and statement-of-account regulations in response to legal and marketplace developments, including the Copyright Royalty Board's adoption of newer percentage- of-revenue royalty rate structures for certain digital music services, and changes in accounting and industry practice in the years since the rules were last substantially amended.

The Coast Guard is establishing a temporary safety zone within the navigable waters of the Colorado River in Lake Havasu, AZ in support of the International Jet Sports Boating Association (IJSBA) World Finals. This safety zone is necessary to ensure the safety of participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Unauthorized persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or their designated representative.

The Coast Guard is establishing a temporary safety zone within the navigable waters of San Diego Bay in San Diego, CA in support of the San Diego Sharkfest Swim. This safety zone is necessary to provide for the safety of the swimmers, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative.

Rural Development (RD) is proposing to amend the regulations so that an obligation date for all guaranteed loans, direct loans, and grants will no longer be 6 working days from the date of request for reservation of authority. This action is necessary as the 6-day reservation period will be permanently removed from the Commercial Loan Servicing System (CLSS), Guaranteed Loan System (GLS), and Program Loan Accounting System (PLAS). The effect of this action will reduce system or manual intervention when legislative mandates direct cutoff for obligations and/or funding; eliminate program waivers on obligation date; increase consistency with other RD programs; reduce risks with new system implementations, such as the Financial Modernization Management Initiative; and eliminate numerous reconciliation issues between processed obligations and actual obligations for internal RD reports and USDA reporting requirements.

The Bureau of Consumer Financial Protection (Bureau) is amending subpart B of Regulation E, which implements the Electronic Fund Transfer Act, and the official interpretation to the regulation (Remittance Rule). This final rule extends a temporary provision that permits insured institutions to estimate certain pricing disclosures pursuant to section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Absent further action by the Bureau, that exception would have expired on July 21, 2015. Based on a determination that the termination of the exception would negatively affect the ability of insured institutions to send remittance transfers, the Bureau is extending the temporary exception by five years from July 21, 2015, to July 21, 2020. The Bureau is also making several clarifications and technical corrections to the regulation and commentary.

The U.S. Copyright Office published elsewhere in this issue of the Federal Register a final rule amending its regulations to allow remitters to submit title lists in electronic format when recording a document pertaining to 100 or more copyrighted works. As the rule explains, when a remitter submits an electronic title list along with a document for recordation, the Office will use the information in the electronic list to populate its online Public Catalog. In response to comments received during the electronic title list rulemaking, the Office also established a process to allow a remitter to correct inaccuracies in the Office's online Public Catalog resulting from errors in an electronic list submitted by the remitter. In this separate notice of proposed rulemaking, the Office seeks to establish a new fee for this correction service at the rate of seven dollars per corrected title.

This final rule amends the Export Administration Regulations (EAR) to impose additional sanctions implementing U.S. policy toward Russia. Specifically, in this rule, the Bureau of Industry and Security (BIS) amends the EAR by adding ten entries to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the destination of Russia. BIS is also amending the EAR to impose license requirements for items destined to Russia when those items are intended for a military end use or military end user.

In this document, a Petition for Reconsideration (Petition) has been filed in the Commission's Rulemaking proceeding by Robert J. Buenzle, on behalf of Roy E. Henderson.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants) airplanes. This proposed AD was prompted by a report of an aft equipment bay fire due to chafing and subsequent arcing of the integrated drive generator (IDG) power cables. Additionally, we have received several reports of broken support brackets of the hydraulic lines. This proposed AD would require a one-time inspection of the IDG power cables for chafing, and for any cracked or broken support bracket of the hydraulic line; and corrective actions if necessary. We are proposing this AD to detect and correct broken support brackets of the hydraulic lines, which could result in inadequate clearance between the IDG power cables and hydraulic lines and chafing of the IDG power cables, and consequent high energy arcing and an uncontrolled fire in the aft equipment bay.

The Agricultural Marketing Service (AMS) is affirming without changes, its interim rule to promulgate rules and regulations as provided under the Agriculture Act of 2014 (2014 Farm Bill). The Agricultural Marketing Service (AMS) amends the National Sheep Industry Improvement Center (NSIIC) regulations to redesignate the statutory authority from the Consolidated Farm and Rural Development Act to the Agricultural Marketing Act of 1946, amends the definition of Act consistent with the redesignated statutory authority, and amends the regulations by increasing the administrative cap for the use of the fund from 3 percent to 10 percent.

The United States Copyright Office is initiating the sixth triennial rulemaking proceeding under the Digital Millennium Copyright Act, concerning possible exemptions to the Act's prohibition against circumvention of technological measures that control access to copyrighted works. The Copyright Office invites written petitions for proposed exemptions from interested parties. Unlike in previous rulemakings, the Office is not requesting the submission of complete legal and factual support for such proposals at the outset of the proceeding. Instead, in this first step of the process, parties seeking an exemption may submit a petition setting forth specified elements of the proposed exemption, as explained in this notice. After receiving petitions for proposed exemptions, the Office will consider the petitions, group and/or consolidate related and overlapping proposals, and issue a notice of proposed rulemaking setting forth the list of proposed exemptions for further consideration. The notice of proposed rulemaking will invite full legal and evidentiary submissions and provide further guidance as to the types of evidence that may be expected or useful vis-[agrave]-vis particular proposals, with the aim of producing a well-developed administrative record. The Office believes that the adjustments it is making to its process, as discussed in this notice, will enhance public understanding of the rulemaking process, including its legal and evidentiary requirements, and facilitate more effective participation in the triennial proceeding.

The Environmental Protection Agency (EPA) is approving a November 14, 2011, request by Indiana to revise the state implementation plan (SIP) to incorporate the open burning provisions in Title 326 of the Indiana Administrative Code (IAC), Article 4, Rule 1 (326 IAC 4-1), Open Burning Rule. EPA is approving this rule for attainment counties and is taking no action on the rule for Clark, Floyd, Lake and Porter counties which are nonattainment or maintenance areas for ozone (O3) or particulate matter (PM).

On August 12, 2014, the Environmental Protection Agency (EPA) published a direct final notice of partial deletion and a proposed notice of intent for partial deletion for Operable Unit 4, Upper California Gulch; Operable Unit 5, ASARCO Smelters/Slag/Mill Sites; and Operable Unit 7, Apache Tailing Impoundment, of the California Gulch Superfund Site from the National Priorities List. The EPA is withdrawing the final notice of partial deletion due to adverse comments that were received during the public comment period. After consideration of the comments received, if appropriate, EPA will publish a notice of partial deletion in the Federal Register based on the parallel notice of intent for partial deletion and place a copy of the final partial deletion package, including a Responsiveness Summary, if prepared, in the Site repositories.

This rule establishes policy, assigns responsibilities, and prescribes procedures for DoD assistance to non-Government entertainment media productions such as feature motion pictures, episodic television programs, documentaries, and computer-based games. This rule provides for oversight of production assistance decisions at centralized and senior levels of DoD to ensure consistency of approach among DoD and Service components with respect to support for entertainment media productions, including documentaries.

The Environmental Protection Agency (EPA) is taking final action under the Clean Air Act to approve revisions to the San Joaquin Valley Unified Air Pollution Control District portion of the California State Implementation Plan submitted by the California Air Resources Board. These revisions concern pre-construction review of new and modified stationary sources located within the District. The revisions are intended to remedy deficiencies the EPA identified when granting limited approval and limited disapproval to the rules in 2010, and to add requirements for pre-construction review of new and modified sources of fine particulate matter (PM2.5).

On May 9, 2013 the U.S. Copyright Office issued a notice of proposed rulemaking and request for comments concerning a new regulation that will allow copyright owners to audit the statements of account and royalty fees that cable operators and satellite carriers deposit with the Office for secondary transmissions of broadcast programming made pursuant to statutory licenses. The Office has revised the proposed regulation to address certain logistical concerns and based on further input that it has received from copyright owners, cable operators, satellite carriers, and accounting professionals. The Office seeks comments on the revised proposal before it is adopted as a final rule.

In this supplemental notice of proposed rulemaking (SNPR), the Environmental Protection Agency (EPA) is supplementing and revising what it previously proposed as its response to a petition for rulemaking filed by the Sierra Club (the Petition). By notice published on February 22, 2013, the EPA proposed its response to the Petition's requests concerning treatment of excess emissions in state rules by sources during periods of startup, shutdown or malfunction (SSM). Subsequent to that proposal, a federal court ruled that the Clean Air Act (CAA or Act) precludes authority of the EPA to create affirmative defense provisions applicable to private civil suits. As a result, in this SNPR the EPA is proposing to apply its revised interpretation of the CAA, but only with respect to affirmative defense provisions in state implementation plans (SIPs). For specific affirmative defense provisions identified in the Petition, we are revising the basis for the proposed findings of substantial inadequacy and SIP calls or proposing new findings of substantial inadequacy and SIP calls. For specific provisions that the EPA has independently identified, including SIP provisions in states not included in the February 2013 proposal notice, we are proposing new findings and SIP calls.

This document proposes to amend the Executive Office for Immigration Review (EOIR) regulations relating to the representation of aliens in custody and bond proceedings. Specifically, this rulemaking proposes to allow a representative before EOIR to enter an appearance in custody and bond proceedings without such appearance constituting an entry of appearance for all of the alien's proceedings before the Immigration Court.

GSA is amending the Federal Management Regulation (FMR) to recommend that agencies provide written authority to Transportation Officers (TO) who acquire transportation services utilizing a rate tender acquisition for freight and cargo, including household goods (HHGs). Further, GSA recommends that those who acquire transportation services should be trained in transportation management and/or have relevant transportation experience in order to properly manage the acquisition.

Through a final rule published on September 7, 2012, HUD revised the regulations for FHA's program for insurance of health care facilities under section 232 of the National Housing Act (Section 232 program). In the September 7, 2012, final rule, HUD retained the longstanding requirement that owners and borrowers participating in the Section 232 program submit audited financial statements to HUD, and added the requirement that operators of Section 232 facilities also submit financial statements to HUD on a quarterly and annual basis. However, the September 7, 2012, rule placed operators on a different submission deadline than that required of owners. This interim rule revises the financial reporting deadlines for operators to bring them in-line with the reporting periods prescribed in HUD's Uniform Financial Reporting Standards, to which owners and borrowers are subject.

This document provides interim guidance on the implementation of section 301(f) of the Leadership Act in light of the Supreme Court's decision in Agency for Int'l Dev. v. Alliance for Open Soc'y Int'l, Inc., 133 S. Ct. 2321 (2013) (``AOSI decision''). While HHS awarding agencies have implemented the AOSI decision since its issuance, this document serves to clarify HHS policy. HHS is also currently developing an amendment to its regulations listed under ``Organizational Integrity of Entities Implementing Programs and Activities under the Leadership Act'' to ensure consistency with the decision. HHS has been coordinating its implementation activities with the Department of State, Office of the Global AIDS Coordinator (OGAC) and with the United States Agency for International Development (USAID). While issued through OGA, this guidance represents the views of the various agencies within HHS that issue awards with Leadership Act HIV/AIDS funds, namely, the Centers for Disease Control and Prevention, the National Institutes of Health, and the Health Resources and Services Administration.