November 2014 – Federal Register Recent Federal Regulation Documents

The Department of Commerce (Department) is correcting a final rule, published on October 20, 2014, that revised the Department's regulations under the Freedom of Information Act (FOIA) and Privacy Act. This final rule corrects the cross-references in the section describing the requirements for making FOIA requests.

DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes.

This document contains a correction to final and temporary regulations (TD 9657), which were published in the Federal Register on Thursday, March 6, 2014 (79 FR 12812). The regulations relate to information reporting by foreign financial institutions (FFIs) with respect to U.S. accounts and withholding on certain payments to FFIs and other foreign entities.

This final rule amends the regulations that administer the Export Credit Guarantee (GSM-102) Program and eliminates provisions for the Intermediate Export Credit Guarantee (GSM-103) Program, consistent with the repeal of authority to operate this program in the Food, Conservation, and Energy Act of 2008 (2008 Act). This final rule incorporates program operational changes and information from press releases and notices to participants that have been implemented since the publication of the current rule, and include other administrative revisions to enhance clarity and program integrity. It also incorporates certain comments received in response to proposed rules issued on July 27, 2011, and December 27, 2013. These changes should increase program availability to all program participants and enhance access and encourage sales for smaller U.S. exporters. Changes are also intended to improve CCC's financial management of the program.

The National Park Service proposes to amend the regulations for the curation of federally-owned and administered archeological collections to establish definitions, standards, and procedures to dispose of particular material remains that are determined to be of insufficient archaeological interest. This rule would promote more efficient and effective curation of these archeological collections.

This document corrects errors in the supplementary information section of a Federal Register document regarding the Commission taking major steps to modernize the E-rate program (more formally known as the schools and libraries universal service support mechanism). The Commission sought further comment on meeting the future funding needs of the E-rate program in light of the goals it adopted for the program in an accompanying Report and Order. The Commission acknowledges that modernizing a program of this size and scope cannot be accomplished at once and so it will continue to seek public input and additional ideas to bring 21st Century broadband to libraries and schools throughout the country. The document was published in the Federal Register on August 19, 2014.

The Farm Credit Administration (FCA, we or our) is proposing to amend our regulations related to Farm Credit System (System) bank and association disclosures to shareholders and investors. The proposed rule would exclude certain employees and their associated compensation amounts from the reporting requirement in our regulations. Under the proposed rule, there would be no reporting requirement for employees that are not senior officers and would not otherwise be considered ``highly compensated employees'' but for payments related to or change(s) in value of the employee's qualified pension plan. Under the proposed rule, such employees' pension plans must have been available to all similarly situated employees on the same basis.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Washington State Route 529 (SR 529) twin bridge south bound across the Snohomish River, mile 3.6, at Everett, WA. The deviation is necessary to facilitate adjustment of newly installed bridge joints. This deviation allows the bridges to remain in the closed position during adjustment and maintenance activities.

The Coast Guard is establishing a Regulated Navigation Area (RNA) for the waters of Lake Michigan within 5 nautical miles from shore from the Chicago Harbor Lock, Chicago, Illinois to Calumet Harbor, Chicago, Illinois. This RNA is intended to allow barges to transit on an alternate route on a portion of Lake Michigan due to the temporary closure of the Thomas J. O'Brien Lock on RM 326.5 on the Calumet River. This RNA is necessary to ensure vessel safety and facilitate commerce.

This document provides required notice of substantive rules issued by the Coast Guard and that were made temporarily effective between July 2014 and September 2014, and that expired before they could be published in the Federal Register. This notice lists temporary safety zones, security zones, special local regulations, drawbridge operation regulations and regulated navigation areas, all of limited duration and for which timely publication in the Federal Register was not possible.

The Board is amending Regulation D, Reserve Requirements of Depository Institutions, to reflect the annual indexing of the reserve requirement exemption amount and the low reserve tranche for 2015. The Regulation D amendments set the amount of total reservable liabilities of each depository institution that is subject to a zero percent reserve requirement in 2015 at $14.5 million (from $13.3 million in 2014). This amount is known as the reserve requirement exemption amount. The Regulation D amendments also set the amount of net transaction accounts at each depository institution (over the reserve requirement exemption amount) that is subject to a three percent reserve requirement in 2015 at $103.6 million (from $89.0 million in 2014). This amount is known as the low reserve tranche. The adjustments to both of these amounts are derived using statutory formulas specified in the Federal Reserve Act. The Board is also announcing changes in two other amounts, the nonexempt deposit cutoff level and the reduced reporting limit, that are used to determine the frequency at which depository institutions must submit deposit reports.

Framework Adjustment 52 to the Northeast Multispecies Fishery Management Plan proposes two modifications to the windowpane flounder accountability measures. First, the size of the accountability measure gear restricted areas could be reduced if NMFS determines that improvements in windowpane flounder stock health occurred despite the catch limits being exceeded. Second, the duration of the accountability measure could be shortened if NMFS determines that an overage of the catch limit did not occur the previous fishing year. The proposed measures would allow NMFS to implement accountability measures based on more current survey and catch data. This proposed action is intended to increase fishing opportunities for the groundfish fishery while still preventing overfishing.

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 787-8 airplanes. This proposed AD was prompted by reports of a potential latent failure of the valve actuator circuitry, which was not identified during actuator development. This proposed AD would require replacing certain engine and auxiliary power unit (APU) fuel shutoff valve actuators with new actuators, and would also require revising the maintenance or inspection program to include a new airworthiness limitation into the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness (ICA). We are proposing this AD to prevent latent failures of the fuel shutoff valve actuators, which could result in the inability to shut off fuel to the engine or APU in the case of an engine or APU fire. If the fuel cannot be shut off to a fire, the engine or APU fire could be uncontrollable, which could lead to structural failure.

We are revising an earlier proposed airworthiness directive (AD) that proposed to supersede AD 95-26-11, for all Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model L-1011 series airplanes. AD 95-26-11 currently requires repetitive inspections to detect cracking of the fittings that attach the aft pressure bulkhead to the fuselage stringers, repetitive inspections to detect cracking of the fittings and of the splice tab of the aft pressure bulkhead, and corrective actions if necessary. The NPRM proposed to reduce the compliance time; add inspections for cracking of certain aft fuselage skin panels; add a structural modification; and also add a post- modification inspection program. The NPRM was prompted by a determination that the fittings at stringer attachments to the upper region of the aft pressure bulkhead are subject to widespread fatigue damage (WFD), which could result in cracking in the aft pressure bulkhead. This action revises the NPRM by reducing the post-structural modification repetitive inspection interval. We are proposing this supplemental NPRM (SNPRM) to prevent simultaneous failure of multiple stringer end fittings through fatigue cracking at the aft pressure bulkhead, which could lead to rapid decompression of the airplane. Since this action imposes an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

NMFS implements accountability measures (AMs) for the commercial sector for gag in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for gag, as estimated by the Science Research Director, are projected to reach the commercial annual catch limit (ACL). Therefore, NMFS closes the commercial sector for gag in the South Atlantic EEZ on November 21, 2014, for the remainder of the 2014 fishing year, through December 31, 2014. This action is necessary to protect the South Atlantic gag resource.

A petition for rulemaking was filed by ION Media Atlanta License, Inc. (``ION Media''), the licensee of WPXA-TV, channel 51, Rome, Georgia, requesting the substitution of channel 31 for channel 51 at Rome. ION Media filed comments reaffirming its interest in the proposed channel substitution and explained that the channel substitution will allow it to serve all viewers currently receiving digital service while eliminating any potential interference with wireless operations in the Lower 700 MHZ A Block located adjacent to channel 51 in Rome. ION Media states that it will file an application for a construction permit for channel 31 and implement the change in accordance with the Commission's rules upon adoption of the channel substitution.

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This rule amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

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.

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.

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.

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.

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.

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.