October 31, 2014 – Federal Register Recent Federal Regulation Documents
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Procedures and General Definitions
The Federal Housing Finance Agency (FHFA) is amending its regulations by relocating to the FHFA chapter of the Code of Federal Regulations (CFR) a Federal Housing Finance Board (Finance Board) regulation relating to procedures under which the Federal Home Loan Banks (Banks) and the Office of Finance (OF) may request waivers, approvals, no-action letters, and regulatory interpretations. The final rule modifies these regulations to make them also applicable to the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation (collectively, Enterprises) and repeals provisions relating to the procedures for requesting case-by-case determinations. The final rule also relocates a definition to the general definitions section of the FHFA regulations.
Notice of Funding Availability for HUD's Fiscal Year 2014 Community Compass Technical Assistance and Capacity Building
In accordance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department in a competition for funding under the Notice of Funding Availability (NOFA) for the HUD Community Compass Technical Assistance and Capacity Building program for Fiscal Year 2014. This announcement contains the names of the awardees and amounts of the awards made available by HUD.
Digital Performance Right in Sound Recordings and Ephemeral Recordings
The Copyright Royalty Judges are announcing their final determination upholding the validity and application of the $500 minimum fee for noncommercial webcasters for the licensing period 2006 through 2010. The judges issued the determination in response to a second order of remand by the United States Court of Appeals for the District of Columbia Circuit. Their review of the evidence was de novo. The judges issued their initial determination in March 2014 and received no motions for rehearing.
Federal Home Loan Bank Members Selected for Community Support Review 2014-2015 Review Cycle-4th Round
The Federal Housing Finance Agency (FHFA) is announcing the Federal Home Loan Bank (Bank) members it has selected for the 2014-2015 Review Cycle4th Round under FHFA's community support requirements regulation. This Notice also prescribes the deadline by which Bank members selected for this review cycle must submit Community Support Statements to FHFA.
Proposed Priorities, Requirements, Definitions, and Selection Criteria-State Tribal Education Partnership Program
The Assistant Secretary for Elementary and Secondary Education proposes priorities, requirements, definitions, and selection criteria for the State Tribal Education Partnership (STEP) program. The Assistant Secretary may use one or more of these priorities, requirements, definitions, and selection criteria for competitions in fiscal year (FY) 2015 and later years. We propose this action to enable tribal educational agencies (TEAs) to administer formula grant programs under the Elementary and Secondary Education Act of 1965 (ESEA), and to improve the partnership between TEAs and the State educational agencies (SEAs) and local educational agencies (LEAs) that educate students from the affected tribe.
Product Change-Standard Mail Negotiated Service Agreement
The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a negotiated service agreement regarding First Class Mail and Standard Mail to the market-dominant product list within the Mail Classification Schedule.
Product Change-Priority Mail Negotiated Service Agreement
The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.
60-Day Notice of Proposed Information Collection: Indian Community Development Block Grant
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
Product Change-Priority Mail Negotiated Service Agreement
The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.
Product Change-Priority Mail Negotiated Service Agreement
The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.
Submission for OMB Review; Comment Request
The Department of the Treasury published a document in the Federal Register on October 24, 2014 (79 FR 63669), inviting comments on collections of information submitted to the Office of Management and Budget (OMB) for review. This document contained an incorrect office reference.
Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews
The Department of Commerce (the Department) has determined that three requests for new shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China (PRC), meet the statutory and regulatory requirements for initiation.
Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2015 Research Fishery
NMFS announces its request for applications for the 2015 shark research fishery from commercial shark fishermen with directed or incidental shark limited access permits. The shark research fishery allows for the collection of fishery-dependent and biological data for future stock assessments to meet the shark research objectives of the Agency. The only commercial vessels authorized to land sandbar sharks are those participating in the shark research fishery. Shark research fishery permittees may also land other large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks. Commercial shark fishermen who are interested in participating in the shark research fishery need to submit a completed Shark Research Fishery Permit Application in order to be considered.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SOUTHERN ACCENT; Invitation for Public Comments
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PATTY T; Invitation for Public Comments
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Radio Broadcasting Services; Corona de Tucson, Sierra Vista, Tanque Verde, Vail, Arizona; Animus, Lordsburg, and Virden, New Mexico
The Federal Communications Commission (``Commission'') dismisses in part and otherwise denies the Application for Review filed by CCR-Sierra Vista IV, LLC (``CCR-Sierra'') of the Media Bureau (``Bureau'')'s rejection of CCR-Sierra's proposal to change the community of license of its Station KZMK(FM) from Sierra Vista to Tanque Verde, Arizona, and grant of a conflicting Counterproposal filed by Cochise Broadcasting, LLC and Desert West Air Ranchers (``Joint Parties''). See SUPPLEMENTARY INFORMATION, supra.
AAAPD and AAASD; Tolerance Exemption
This regulation establishes an exemption from the requirement of a tolerance for residues of [alpha]-alkyl (minimum C6 linear, branched, saturated and/or unsaturated)-[omega]-hydroxypolyoxyethylene polymer with or without polyoxypropylene, mixture of di- and monohydrogen phosphate esters and the corresponding ammonium, calcium, magnesium, monoethanolamine, potassium, sodium, and zinc salts of the phosphate esters; minimum oxyethylene content is 2 moles; minimum oxypropylene content is 0 moles, herein referred to as alkyl alcohol alkoxylate phosphate derivatives (AAAPD) and [alpha]- alkyl(C6- C15)-[omega]-hydroxypoly(oxyethylene)sulfate, and its ammonium, calcium, magnesium, potassium, sodium, and zinc salts, poly(oxyethylene) content averages 2-4 moles, herein referred to alkyl alcohol alkoxylate sulfate derivatives (AAASD) to include Chemical Abstract Service Registry Numbers listed in the Supplementary Information when used as an inert ingredient in a pesticide chemical formulation. Spring Trading Company, LLC., on behalf of Croda Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of alkyl alcohol alkoxylate phosphate and sulfate derivatives on food or feed commodities.
Annual Retail Trade Survey
The U.S. Department of Commerce's Bureau of the Census (Census Bureau) publishes this notice to announce that the Director of the Census Bureau has determined the need to conduct the 2014 Annual Retail Trade Survey (ARTS). ARTS covers employer firms with establishments located in the United States and classified in the Retail Trade and/or Accommodation and Food Services sectors as defined by the 2007 North American Industry Classification System (NAICS). The Census Bureau conducts the ARTS to provide continuing and timely national statistical data on retail trade, and accommodation and food services activity annually.
Federal Fiscal Year 2015 Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements
This notice announces the availability of the Federal Transportation Administration's (FTA) Fiscal Year (FY) 2015 Annual List of Certifications and Assurances for FTA Grants and Cooperative Agreements, which can be found at FTA's Web site, https:// www.fta.dot.gov. This notice provides a condensed list of the various pre-award Certifications and Assurances that may apply to an Applicant for FTA funding and its Project. This notice also describes both FTA's and the Applicant's responsibilities with respect to the Certifications and Assurances and highlights the differences between the FY 2015 Certifications and Assurances and those published for FY 2014. In addition, this notice also provides instructions on how and when to submit Certifications and Assurances for FY 2015. Each Applicant for FTA funding must submit the Certifications and Assurances that apply to it and the Project or Projects for which it seeks funding during FY 2015. An Applicant typically acts through its certified or authorized representative (You). You, as the Applicant's Certified or Authorized Representative, must have the authority to sign the Applicant's Certifications and Assurances and to bind the Applicant's compliance with the Certifications and Assurances you select on its behalf.
Electrical Standards for Construction and General Industry; Extension of the Office of Management and Budget's (OMB) Approval of the Information Collection (Paperwork) Requirements
OSHA solicits public comments concerning its request for an extension of the information collection requirements contained in the Electrical Standards for Construction (29 CFR part 1926, subpart K) and the Electrical Standards for General Industry (29 CFR part 1910, subpart S). The Standards address safety procedures for installation and maintenance of electric utilization equipment that prevent death and serious injuries among construction and general industry workers in the workplace caused by electrical hazards.
Medicare Program; Approval of Request for an Exception to the Prohibition on Expansion of Facility Capacity Under the Hospital Ownership and Rural Provider Exceptions to the Physician Self-Referral Prohibition
This final notice announces our decision to approve the request from Lake Pointe Medical Center for an exception to the prohibition against expansion of facility capacity.
Surety Companies Acceptable on Federal Bonds: Progressive Northwestern Insurance Company
This is Supplement No. 2 to the Treasury Department Circular 570, 2014 Revision, published July 1, 2014, at 79 FR 37398.
Privacy Act of 1974; Report of Modified System of Records
In accordance with the requirements of the Privacy Act of 1974, we are proposing to modify an existing SOR titled, ``Chronic Condition Data Repository (CCDR), System No. 09-70-0573'' last published at 71 FR 54495, September 15, 2006. The current name of the SOR, Chronic Condition Data Repository, was developed during the planning and development stages of the system. Upon the implementation and throughout the operations and maintenance stages of the system, the system has been referred to as the Chronic Condition Warehouse (CCW) in common usage and written references. In keeping with this current usage, we will modify the name of this SOR to read, and from this point forward will refer to the system as: ``Chronic Condition Warehouse (CCW).'' We propose to broaden the scope of the system to include data that can be easily linked, at the individual patient level, to all Medicare and Medicaid claims, enrollment and/or eligibility data, nursing home and home health assessments, and CMS beneficiary survey data. Accordingly, we are updating the Authority Section to include Title XVIII of the Social Security Act as amended (the Act); Section 1902(a)(6) of the Act; Section 1142(c)(6) of the Act; and Title IV of the Balanced Budget Act (Pub. L. 105-33). The Record Source Categories section will be modified to include data from two new systems of records: the CMS Encounter Data System, System No. 09-70-0506, and the National Death Index, System No. 09-20-0166. These modifications will make the CCW a more useful tool by which to support research, policy analysis, quality improvement activities, and demonstrations that attempt to foster a better understanding of how to improve the quality of life and contain the health care costs of the chronically ill. We propose to modify existing Routine Use Number 1, to limit disclosures only to contractors of CMS. We also propose to add two new routine uses. Specifically, we propose adding a routine use to permit disclosures to healthcare providers who seek patient information for use in care coordination and quality improvement activities as described at 45 CFR 164.506(c)(4). This routine use will be added as Routine Use Number 4. We also propose adding a routine use to support public or private Qualified Entities (QEs) that use Medicare claims data to evaluate the performance of providers of services and suppliers on measures of quality, efficiency, effectiveness, and resource use. This routine use will be added as routine use number 6. Finally, we are modifying the language in Routine Use Number 3 to include grantees of CMS administered grant programs and have made minor grammatical changes to Routine Use Number 10. These modifications will provide a better explanation as to the need for the routine use, and to clearly state CMS's intention when making disclosures of individually identifiable information contained in this system. We have provided background information about the modified system in the Supplementary Information section below. Although the Privacy Act requires only that the ``Routine Use'' section of the system of records notice be published for comment, CMS invites comments on all portions of this notice. See the Effective Dates section for information on the comment period.
Importation of Beef From a Region in Argentina
We are reopening the comment period for our proposed rule that would allow, under certain conditions, the importation of fresh (chilled or frozen) beef from a region in Argentina located north of Patagonia South and Patagonia North B, referred to as Northern Argentina. This action will allow interested persons additional time to prepare and submit comments.
Energy Conservation Program: Test Procedures for Ceiling Fan Light Kits
In this notice of proposed rulemaking (NOPR), the U.S. Department of Energy (DOE) proposes to revise its test procedures for ceiling fan light kits (CFLKs). DOE proposes to update the current test procedures (appendix V) by replacing references to ENERGY STAR test procedures with references to DOE lamps test procedures for medium screw base lamps and to industry test procedures for pin-based fluorescent lamps. DOE also proposes to establish new test procedures (appendix V1) that would support amendments to CFLK energy conservation standards that are currently being considered by DOE. Specifically, these new test procedures would establish an efficacy-based metric for all lamps packaged with CFLKs and for CFLKs with integrated solid-state lighting circuitry. DOE proposes that CFLKs with lamp types without corresponding DOE test procedures would be tested using current industry test procedures for those lamp types. This NOPR also clarifies the energy conservation standards for ceiling fan light kits by replacing references to ENERGY STAR with tables that contain the specific performance requirements from the ENERGY STAR documents. Finally, DOE also addresses standby and off-mode power consumption and provides updated guidance related to accent lighting in CFLKs. DOE is also announcing a public meeting to discuss and receive comments on the content presented in this rulemaking.
Energy Efficiency Program for Consumer Products: Energy Conservation Standards for Ceiling Fan Light Kits
The U.S. Department of Energy (DOE) will hold a public meeting to discuss and receive comments on the preliminary analyses it has conducted for purposes of establishing energy conservation standards for ceiling fan light kits. The meeting will cover the analytical framework, models, and tools that DOE is using to evaluate potential standards for this product; the results of preliminary analyses performed by DOE for this product; the potential energy conservation standard levels derived from these analyses that DOE could consider for this product; and any other issues relevant to the development of energy conservation standards for ceiling fan light kits. In addition, DOE encourages written comments on these subjects. To inform interested parties and to facilitate this process, DOE has prepared an agenda, a preliminary technical support document (TSD), and briefing materials, which are available on the DOE Web site at: https:// www1.eere.energy.gov/buildings/appliance_standards/rulemaking .aspx/ ruleid/66.
Appraisal Subcommittee Notice of Meeting
In accordance with Section 1104 (b) of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended, notice is hereby given that the Appraisal Subcommittee (ASC) will meet in open session for its regular meeting: Location: Federal Reserve BoardInternational Square location, 1850 K Street NW., Washington, DC 20006. Date: November 12, 2014. Time: 10:30 a.m. Status: Open.
Procurement List; Proposed Addition
The Committee is proposing to add a product to the Procurement List that will be furnished by a nonprofit agency employing persons who are blind or have other severe disabilities.
Procurement List; Additions
This action adds products to the Procurement List that will be furnished by a nonprofit agency employing persons who are blind or have other severe disabilities.
North Pacific Fishery Management Council; Public Meetings
The North Pacific Fishery Management Council's Gulf of Alaska (GOA) and Bering Sea/Aleutian Islands (BSAI) Groundfish Plan Teams will meet in Seattle, WA.
New England Fishery Management Council (NEFMC); Public Meeting
The New England Fishery Management Council (Council) will hold a 4-day meeting to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
Trade and Investment Policies in India, 2014-2015
Following receipt on September 25, 2014, of a joint request from the House Committee on Ways and Means and the Senate Committee on Finance (Committees) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade Commission (USITC, or Commission) instituted investigation No. 332-550, Trade and Investment Policies in India, 2014-2015.
Proposed Information Collection; Comment Request; Quarterly Survey of Public Pensions
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
CSX Transportation, Inc.-Joint Use-Louisville & Indiana Railroad Company, Inc.
On July 2, 2013, Applicants, CSX Transportation, Inc. (CSXT) and Louisville & Indiana Railroad Company, Inc. (L&I), filed an application with the Surface Transportation Board (Board) pursuant to 49 United States Code (U.S.C.) 11323 and 49 Code of Federal Regulations (CFR) part 1180. Applicants seek Board authority for CSXT to acquire from and jointly use with the L&I a perpetual, non-exclusive railroad operating easement over L&I's rail line. The subject L&I rail line extends from a connection with CSXT in Indianapolis, Indiana at milepost (MP) 4.0, to a connection with CSXT in Louisville, Kentucky at MP 110.5 (L&I Line). The joint use and easement acquisition are referred to as the Proposed Transaction. Both CSXT and L&I would continue to use the L&I Line. CSXT would pay L&I $10 million dollars for the operating easement and would spend between $70 and $90 million to improve the rail line to allow CSXT to move longer, faster, and heavier trains. Currently, the L&I Line carries two to seven trains per day on the various sections of the line. Under the Proposed Transaction, CSXT would reroute some of its trains from current CSXT routes in the Indiana-Ohio-Kentucky region to a new route that includes the L&I Line in Indiana. The rerouting of these CSXT trains would add 13 to 15 trains per day over the various sections of the L&I Line. In August 2013, the Board's Office of Environmental Analysis (OEA) issued a Draft Environmental Assessment (EA) that focused on the potential impacts of the proposed operational changes on the L&I Line, and also considered potential construction impacts associated with the extension of several rail line sidings and replacement of the Flatrock River Bridge, all on the L&I Line. During the public review and comment period on the Draft EA, OEA received comments that raised environmental issues that it had not addressed in the document. As a result, OEA decided to prepare a Supplemental EA focusing on the new environmental issues. Today, OEA has issued the Supplemental EA, which is available on the Board's Web site, www.stb.dot.gov, by clicking ``Decisions'' under ``Quick Links,'' and locating the document under the service date of 10/31/2014. The Supplemental EA analyzes the potential operational impacts of CSXT moving additional trains on the following three CSXT rail lines: Indianapolis Terminal SubdivisionLouisville Secondary Branch, Indianapolis Line Subdivision, and Louisville Connection. The Supplemental EA also quantifies potential impacts to wetlands, floodplains, and forested areas that could result from extending rail line sidings and replacing the Flatrock River Bridge on the L&I Line, and includes a review of potential changes in wildlife strikes that could occur under the Proposed Transaction. Additionally, the Indiana State Historic Preservation Office (SHPO) and OEA concur that (1) replacement of the Flatrock River Bridge would constitute an adverse effect on a historic property considered eligible for inclusion on the National Register of Historic Places; (2) avoidance of the adverse effect is not feasible if the L&I Line is to safely accommodate the modern rail traffic under the Proposed Transaction; (3) there appears to be no feasible alternative to bridge replacement and that documentation prior to removal would be an appropriate mitigation measure; (4) documentation completed by Applicants meets SHPO's standards; and (5) a Memorandum of Agreement (MOA) would memorialize the mitigation measures (i.e., documentation) and resolve adverse effects of the undertaking. OEA prepared a draft MOA that SHPO indicates it would sign as currently drafted. The draft MOA is located in Appendix I of the Supplemental EA and interested parties are invited to comment.
Proposed Collection; Comment Request
In accordance with the Paperwork Reduction Act of 1995, the Federal Housing Finance Agency (FHFA) is seeking public comments concerning the information collection known as ``Federal Home Loan Bank Directors,'' which has been assigned control number 2590-0006 by the Office of Management and Budget (OMB). FHFA intends to submit the information collection to OMB for review and approval of a three-year extension of the control number, which is due to expire on October 31, 2014.
Energy Conservation Program: Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards for Consumer Products
Through this RFI, the U.S. Department of Energy (DOE) is commencing a notice-and-comment rulemaking to consider amending its ``Process Improvement Rule,'' with specific focus to clarify its process related to the promulgation of direct final rules (DFRs). The issues for discussion and public comment in this RFI include those raised in recent litigation concerning energy conservation standards for gas furnaces, central air conditioners and heat pumps, which has since been settled.
Native American Programs
The Department of Health and Human Services, Administration for Children and Families, Administration for Native Americans (ANA) is seeking comments, data, and information from the public related to planned revisions and amendments to regulations implementing the Native American Programs Act of 1974 (the NAPA). ANA anticipates making revisions and amendments to update and revise procedures and policies involved in executing the requirements of 42 U.S.C. 2991b, 2991b-1, 2991b-2, 2991b-3, 2991d, 2991g, 2991h, 2992, and 2992b-1 (Section 803, 803A, 803B, 803C, 805, 809, 810, 811, and 814 of the NAPA) currently found in our regulations. ANA is interested in receiving feedback to this advance notice of proposed rulemaking (ANPRM) about potential means of streamlining applicable regulations, removing undue burdens, and clarifying procedures and policies related to accessing programs. We are also interested in receiving recommendations related to the activities of the Commissioner of the Administration for Native Americans as an advocate on behalf of Native Americans.
Notice of Intent To Award Ebola Response Outbreak Funding to Eligible Ministries of Health and Their Bona Fide Agents
This notice provides public announcement of CDC's intent to award Ebola appropriations to select Ministries of Health and their bona fide agents for response to the Ebola outbreak funding. This award was proposed in Fiscal Year (FY) 2015 under funding opportunity announcement GH14-1418, ``Protecting and Strengthening Public Health Impact, Systems, Capacity, and Security.'' This notice replaces the Notice of Intent to award Ebola Response outbreak funding to eligible Ministries of Health and their bona fide agents which was published on October 22, 2014 (79 FR 63126, October 22, 2014). CDC is correcting the application date, award dates, amount of funding available, and one of the points of contact. Catalogue of Federal Domestic Assistance Number (CFDA): 93.318.
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