November 14, 2014 – Federal Register Recent Federal Regulation Documents
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Changes To Permit Delayed Submission of Certain Requirements for Prioritized Examination
The Leahy-Smith America Invents Act includes provisions for prioritized examination of patent applications (also referred to as ``Track I''), which have been implemented by the United States Patent and Trademark Office (Office) in previous rulemakings. The Office published an interim rule on March 5, 2014 (prioritized examination interim rule), to simplify the Track I prioritized examination practice to reduce the number of requests for prioritized examination that must be dismissed. In order to enable rapid processing and examination of those applications, the previous rulemakings provided that a request for Track I prioritized examination requires, upon filing of the application, an inventor's oath or declaration and all required fees, and that the application contain no more than four independent claims, thirty total claims, and no multiple dependent claims. If a request for Track I prioritized examination failed to meet these requirements on filing, then the request was dismissed. After operating under the previous rulemakings for some time, the Office determined that the time period for meeting the identified requirements could be expanded and still enable the Office to timely examine the patent application. Hence, on March 5, 2014, the Office published the prioritized examination interim rule to expand the time period for meeting the identified requirements. The Office received no comments from the public in response. This final rule adopts as final the amendments to the rules of practice originally set forth in the prioritized examination interim rule.
Changes to Continued Prosecution Application Practice
The Leahy-Smith America Invents Act (AIA) revised and streamlined the requirements for the inventor's oath or declaration. In implementing the AIA inventor's oath or declaration provisions, the United States Patent and Trademark Office (Office) provided that an applicant may postpone the filing of the inventor's oath or declaration until allowance if the applicant provides an application data sheet indicating the name, residence, and mailing address of each inventor. The rules pertaining to continued prosecution applications (which are applicable only to design applications) require that the prior nonprovisional application of a continued prosecution application be complete, which requires that the prior nonprovisional application contain the inventor's oath or declaration. The Office published an interim rule on March 5, 2014, to revise the rules pertaining to continued prosecution applications to permit the filing of a continued prosecution application even if the prior nonprovisional application does not contain the inventor's oath or declaration so long as the continued prosecution application is filed on or after September 16, 2012, and the prior nonprovisional application contains an application data sheet indicating the name, residence, and mailing address of each inventor (continued prosecution application interim rule). The Office received no comments from the public in response to the continued prosecution application interim rule published on March 5, 2014. This final rule adopts as final the amendments to the rules of practice originally set forth in the continued prosecution application interim rule.
Special Conditions: CFM International, LEAP-1A and -1C Engine Models; Incorporation of Woven Composite Fan Blades
This action proposes special conditions for the CFM International (CFM), LEAP-1A and -1C engine models. These engines will have a novel or unusual design feature associated with the engine fan bladesnew woven composite fan blades. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.
Drawbridge Operation Regulation; Long Island, New York Inland Waterway From East Rockaway Inlet to Shinnecock Canal, Nassau, NY
The Coast Guard has issued a temporary deviation from the operating schedule that governs the operation of the Meadowbrook State Parkway Bridge, across Sloop Channel, mile 12.8, at Nassau, New York. This deviation is necessary to replace electrical components at the bridge. This deviation will allow the bridge to remain in the closed position for three partial days to facilitate scheduled bridge maintenance, the replacement of the electrical umbilical cords.
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS JACKSON (LCS 6) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.
National Emission Standards for Hazardous Air Pollutants: Ferroalloys Production; Extension of Comment Period
The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the October 6, 2014, supplemental proposed rule titled ``National Emission Standards for Hazardous Air Pollutants: Ferroalloys Production'' is being extended for 18 days.
Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WA
The Coast Guard has issued a temporary deviation from the operating schedule that governs the Seattle Department of Transportation (SDOT) double leaf bascule Ballard Bridge across the Lake Washington Ship Canal, mile 1.1, at Seattle, WA. The requested deviation is to accommodate evening detoured commuter traffic during road construction. This deviation allows the bridge to remain in the closed position for an extra hour during evening traffic.
Publication, Coordination, and Reporting of International Agreements
The Department of State (``Department'') finalizes a proposed rule to add additional categories of international agreements to be exempted from the requirement to publish in the Treaties and Other International Acts Series (TIAS). The TIAS is the official treaty series of the United States and serves as evidence of the treaties, and international agreements other than treaties, in all courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States and of the several States, without any need of further proof or authentication. Certain international agreements may be exempted from publication in TIAS if the Department of State provides notice in its regulations. This rule adds three categories of international agreements that are not required to be published in TIAS.
International Fisheries; Pacific Tuna Fisheries; 2014 Commercial Fishing for Pacific Bluefin Tuna in the Eastern Pacific Ocean; Commercial Retention Limit
NMFS is reopening the U.S. commercial fishery for Pacific bluefin tuna (PBF) in the eastern Pacific Ocean (EPO) until the 500 metric ton (mt) catch limit is reached. If the 500-metric ton limit, which was established under the Tuna Conventions Act (TCA) and regulations implementing Resolution C-13-02 of the Inter-American Tropical Tuna Commission (IATTC) in the EPO, is not met, the fishery will close on December 31, 2014. This reopening of the fishery vacates the closure made by NMFS on September 5, 2014. Following the closure, NMFS received updated information indicating that only 404 mt of the 500 mt catch limit was caught. Thus, the closure was imposed prematurely. This rule also imposes a 1 mt trip limit on retention of PBF in the EPO by commercial vessels as an emergency action under the Magnuson-Stevens Fishery Conservation and Management Act (MSA).
Records of Commodity Interest and Related Cash or Forward Transactions
The Commodity Futures Trading Commission (the ``Commission'' or ``CFTC'') is proposing to amend Commission Rule 1.35(a) (the ``Proposal'') to: provide that all records required to be maintained under this regulation must be searchable; clarify that all records be kept in a form and manner that allows for identification of a particular transaction, except that records of oral and written communications leading to the execution of a transaction in a commodity interest and related cash or forward transactions are not required to be kept in a form and manner that allows for identification of a particular transaction; exclude unregistered members of designated contract markets (``DCMs'') and swap execution facilities (``SEFs'') from the requirements to retain text messages and to maintain records in a particular form and manner; and exclude commodity trading advisors (``CTAs'') from the oral recordkeeping requirement.
Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits
This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans to prescribe interest assumptions under the regulation for valuation dates in December 2014. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures
NMFS proposes 2015 specifications and management measures for Atlantic mackerel, 2015-2017 specifications for Illex squid, 2015-2017 specifications for longfin squid, and 2015-2017 specifications for butterfish. This action also proposes simplifying the butterfish fishery closure mechanism. These proposed specifications and management measures are intended to promote the utilization and conservation of the Atlantic mackerel, squid, and butterfish resources.
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS MILWAUKEE (LCS 5) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.
Residual Interest Deadline for Futures Commission Merchants
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is proposing to revise the Residual Interest Deadline in Commission Rule 1.22. The amendment would remove the December 31, 2018 termination date for the phased-in compliance schedule for futures commission merchants (``FCMs'') and provide assurance that the Residual Interest Deadline would only be revised through a separate Commission rulemaking.
Highly Migratory Species; Technical Amendment to Regulations
NMFS is hereby making technical amendments to our regulations without altering the substance of the regulations. These changes will make our rules more internally consistent and easier to use. As a result of reorganizing 50 CFR part 622 in a previously published final rule (September 19, 2013), two cross-references in 50 CFR part 635 are no longer accurate. This final rule only corrects the outdated cross- references. The rule does not make any substantive change to the regulations governing Atlantic Highly Migratory Species (HMS) or to species managed by NMFS' Southeast Regional Office (SERO).
Technical Corrections to Medical Regulations Based on Veterans' Health Care Eligibility Reform Act of 1996
The Department of Veterans Affairs (VA) is amending its medical regulations by making technical corrections to conform to the Veterans' Health Care Eligibility Reform Act of 1996 (Act of 1996). Currently VA regulations read that veterans receive only VA hospital care to treat medical conditions of eligible veterans. We are amending our regulation to clarify that VA provides hospital care and medical services to eligible veterans.
Designee for Patient Personal Property
The Department of Veterans Affairs (VA) is amending its regulation that governs a competent veteran's designation of a person to receive the veteran's funds and personal effects in the event that such veteran was to die while in a VA field facility. We are eliminating reference to an obsolete VA form, clarifying the role of a VA fiduciary for an incompetent veteran-patient, as well as restructuring the current regulation for ease of readability.
Rulemaking Petition: Candidate Debates
On September 11, 2014, the Federal Election Commission received a Petition for Rulemaking from Level the Playing Field. The petition asks the Commission to amend its regulation on candidate debates to revise the criteria governing the inclusion of candidates in presidential and vice presidential candidate debates. The Commission seeks comments on this petition.
Privacy Act and Freedom of Information Requests
The Federal Retirement Thrift Investment Board (Agency) is amending its Privacy Act and FOIA regulations to reflect the Agency's current organizational structure and to transfer responsibility for reviewing Privacy Act and FOIA requests from the Agency's Office of Resource Management (formerly known as the Office of Administration) to the Office of General Counsel.
Periodic Reporting
The Commission is noticing a recent Postal Service filing concerning a Proposed Rulemaking on Analytical Principles Used in Periodic Reporting (Proposal Eleven). This document informs the public of the filing, invites public comment, and takes other administrative steps.
Updating Competitive Bidding Rules; Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions; Implementation of the Commercial Spectrum Enhancement Act
This Notice of Proposed Rulemaking (NPRM) seeks comment on the revision of certain competitive bidding rules and provides notice of the Commission's intention to resolve longstanding petitions for reconsideration.
2013 Liquid Chemical Categorization Updates
The Coast Guard announces an additional two-year delay of the effective date of its 2013 interim rule, which updates and revises tables that list liquid hazardous materials, liquefied gases, and compressed gases that have been approved by the Coast Guard and the International Maritime Organization for maritime transportation in bulk. These tables also indicate how the pollution potential of each substance has been categorized. The Coast Guard received comments to our 2013 interim rule regarding technical errors in the revised tables and is working to correct those errors. The additional delay will allow the Coast Guard to complete its work to correct technical errors and solicit additional comments in a supplemental notice of proposed rulemaking, prior to finalizing the rule. This rulemaking promotes the Coast Guard's maritime safety and stewardship missions.
Division of Freedom of Information; Change of Office Name, and Removal of Address, Telephone Number, and Fax Number; Technical Amendment
The Food and Drug Administration (FDA) is amending the Agency's regulations to change the Division of Freedom of Information's (FOI's) name, and remove the address, telephone number, fax number, and Public Reading Room fax number and room number and replace them with FOI's address located on the Agency's Web site. This action is editorial in nature and is intended to improve the accuracy of the Agency's regulations.
Notification of Submission to the Secretary of Agriculture; Certification of Pesticide Applicators Rule Revisions
This document notifies the public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the United States Department of Agriculture (USDA) a draft regulatory document concerning the certification of pesticide applicators rule revisions. The draft regulatory document is not available to the public until after it has been signed and made available by EPA.
Airspace Designations; Incorporation by Reference Amendments
This action incorporates certain amendments into FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 2014, for incorporation by reference in 14 CFR Sec. 71.1.
Airworthiness Directives; Various Restricted Category Helicopters
We are superseding Airworthiness Directive (AD) 2012-14-11 for Arrow Falcon Exporters, Inc. (AFE), Rotorcraft Development Corporation (RDC), and San Joaquin Helicopters (SJH) Model OH-58A, OH- 58A+, and OH-58C helicopters. AD 2012-14-11 required inspecting the main rotor mast (mast) for a crack. This new AD expands the mast inspection area, changes the inspection to a repetitive inspection, and removes the reporting requirement. The actions in this AD are intended to prevent failure of the mast and subsequent loss of control of the helicopter.
Special Conditions: Dassault Model Falcon 900EX Airplane; Electronic System-Security Protection From Unauthorized External Access
These special conditions are issued for Dassault Model Falcon 900EX airplanes. These airplanes will have a novel or unusual design feature associated with electronic system-security protection from unauthorized external access. 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.
Concentration Limits on Large Financial Companies
The Board is adopting a final rule (Regulation XX) to implement section 622 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (amending the Bank Holding Company Act to add a new section 14). Section 622 establishes a financial sector concentration limit that generally prohibits a financial company from merging or consolidating with, or acquiring, another company if the resulting company's liabilities upon consummation would exceed 10 percent of the aggregate liabilities of all financial companies. In addition, the final rule establishes reporting requirements for financial companies that do not otherwise report consolidated financial information to the Board or other appropriate Federal banking agency to implement section 14 of the Bank Holding Company Act.
Tolerance Crop Grouping Program IV
EPA is proposing revisions to its pesticide tolerance crop grouping regulations, which allow the establishment of tolerances for multiple, related crops based on data from a representative set of crops. EPA is proposing five new crop groups, two new and two revised commodity definitions, and revisions to the regulations on the interaction of crop group tolerances with processed food tolerances and meat, milk, and egg tolerances. Once final, EPA expects these revisions to promote greater use of crop groupings for tolerance-setting purposes, both domestically and in countries that export food to the United States. This is the fourth in a series of planned crop group updates expected to be proposed over the next several years.
Facilitating the Deployment of Text-to-911 and Other Next Generation 911 Application; Framework for Next Generation 911 Deployment
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved on an emergency basis, for a period of six months, the information collection associated with the Commission's Second Report and Order that adopted rules requiring Commercial Mobile Radio Service (CMRS) providers and other providers of interconnected text messaging applications (collectively, ``covered text providers'') to provide text-to-911 service. This document is consistent with the Second Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules.
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