2014 – Federal Register Recent Federal Regulation Documents
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Privacy Act of 1974; System of Records
The Department of the Army proposes to add a new system of records, A0040-66 ARNG, Medical Readiness and Waivers Records, in its inventory of record systems subject to the Privacy Act of 1974, as amended. This system is used by the Army National Guard (ARNG) and U.S. Army Reserves (USAR) Surgeons to support recruiting and medical readiness of personnel in the Reserve Components.
Mail or Telephone Order Merchandise Rule
The Commission adopts final amendments to its Trade Regulation Rule previously entitled ``Mail or Telephone Order Merchandise,'' including revising its name to ``Mail, Internet, or Telephone Order Merchandise'' (the ``Rule''). The final Rule is based upon the comments received in response to an Advance Notice of Proposed Rulemaking (``ANPR''), a Notice of Proposed Rulemaking (``NPRM''), a Staff Report, and other information. This document contains the text of the final Rule and the Rule's Statement of Basis and Purpose (``SBP''), including a Regulatory Analysis.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting; Correction
The Mid-Atlantic Fishery Management Council's Spiny Dogfish Advisory Panel will meet to develop comments relative to the 2015 spiny dogfish fishing year. Comments will be reviewed by the Spiny Dogfish Monitoring Committee and the Council in their consideration of alternative management measures for the 2015 fishing year.
Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Medical Devices; Exception From General Requirements for Informed Consent
The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Medical Devices; Exception From General Requirements for Informed Consent'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA).
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Application for Food and Drug Administration Approval To Market a New Drug
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
Authorization of Emergency Use of an In Vitro Diagnostic Device for Detection of Ebola Zaire Virus; Availability
The Food and Drug Administration (FDA) is announcing the issuance of an Emergency Use Authorization (EUA) (the Authorization) for an in vitro diagnostic device for detection of the Ebola Zaire virus (detected in the West Africa outbreak in 2014). FDA is issuing this Authorization under the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as requested by the U.S. Department of Defense (DoD). The Authorization contains, among other things, conditions on the emergency use of the authorized in vitro diagnostic device. The Authorization follows the September 22, 2006, determination by then-Secretary of the Department of Homeland Security (DHS), Michael Chertoff, that the Ebola virus presents a material threat against the U.S. population sufficient to affect national security. On the basis of such determination, the Secretary of Health and Human Services (HHS) declared on August 5, 2014, that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection of Ebola virus subject to the terms of any authorization issued under the FD&C Act. The Authorization, which includes an explanation of the reasons for issuance, is reprinted in this document.
Agency Information Collection Activities; Proposed eCollection eComments Requested; Notification of Change of Mailing or Premise Address
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
Agency Information Collection Activities; Proposed eCollection eComments Requested; Application for an Amended Federal Firearms License
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
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.
Proposed Information Collection; Comment Request
The Corporation for National and Community Service (CNCS), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirement on respondents can be properly assessed. Currently, CNCS is soliciting comments concerning its proposed renewal of the AmeriCorps Member Exit Questionnaire. Copies of the information collection request can be obtained by contacting the office listed in the Addresses section of this Notice.
Submission for OMB Review; Comment Request
The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Guidance for Industry on Abbreviated New Drug Application Submissions-Refuse-to-Receive Standards; Availability
The Food and Drug Administration (FDA) is announcing the availability of a guidance for industry entitled ``ANDA Submissions Refuse-to-Receive Standards.'' It finalizes the draft guidance with the same name that published on October 1, 2013. This guidance is intended to assist applicants preparing to submit to FDA abbreviated new drug applications (ANDAs) and related submissions (i.e., prior approval supplements for new strengths). The guidance represents the FDA's current thinking regarding the types of serious deficiencies that may cause FDA to refuse-to-receive the submission.
Implementation of the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and Changes to National Endorsements; Corrections
The Coast Guard published in the Federal Register of December 24, 2013 (78 FR 77796), a final rule entitled ``Implementation of the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and Changes to National Endorsements''. This document corrects two amended CFR sections that are causing inconsistencies in interpretation.
Submission for OMB Review; Comment Request
The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Open Burning Rule
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).
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Open Burning Rule
The Environmental Protection Agency (EPA) is proposing to approve a November 14, 2011, request by Indiana to revise the state implementation plan 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 proposing to approve this rule for attainment counties and take no action on the rule for Clark, Floyd, Lake and Porter counties which are nonattainment or maintenance areas for ozone or particulate matter.
National Oil and Hazardous Substances Pollution Contingency Plan: Partial Deletion of the California Gulch Superfund Site National Priorities List; Withdrawal
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.
DoD Investigative and Adjudicative Guidance for Issuing the Common Access Card (CAC)
This interim final rule establishes policy, assigns responsibilities, and prescribes procedures for investigating and adjudicating eligibility to hold the DoD Common Access Card (CAC). The CAC is the DoD personal identity verification (PIV) credential. Individuals appropriately sponsored for a DoD CAC must be investigated and adjudicated in accordance with this part. Prior to this rule, DoD components have been implementing investigative and adjudicative requirements for Homeland Security Presidential Directive12 (HSPD-12) based solely on broad guidance issued by the U.S. Office of Personnel Management (OPM). This interim final rule elaborates on OPM guidance for component adjudicators who determine, based on review of investigative case files, whether to grant CAC eligibility to individuals who require: Physical access to DoD facilities or non-DoD facilities on behalf of DoD; logical access to information systems (whether on site or remotely); or remote access to DoD networks that use only the CAC logon for user authentication. The adjudicator's role is discussed further in the SUPPLEMENTARY INFORMATION. The interim final rule provides the adjudicator with conditions that may be disqualifying and circumstances relevant to the determination of whether there is a reasonable basis to believe there is an unacceptable risk.
DoD Assistance to Non-Government, Entertainment-Oriented Media Productions
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.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Arizona; Redesignation of Phoenix-Mesa Area to Attainment for the 1997 8-Hour Ozone Standard
The Environmental Protection Agency (EPA) is approving, as a revision to the Arizona state implementation plan, a request from the Arizona Department of Environmental Quality to redesignate the Phoenix- Mesa ozone nonattainment area to attainment of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS or ``standard'') because the request meets the statutory requirements for redesignation under the Clean Air Act. EPA is also approving the State's plan for maintaining the 1997 ozone standard in the Phoenix-Mesa area for 10 years beyond redesignation, and the inventories and related motor vehicle emissions budgets within the plan, because they meet the applicable requirements for such plans and budgets.
Agency Information Collection Activities; Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICR, entitled: ``Pesticide Program Public Sector Collections (FIFRA Sections 18 and 24(c))'' and identified by EPA ICR No. 2311.02 and OMB Control No. 2070-0182, represents the renewal of an existing ICR that is scheduled to expire on May 31, 2015. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.
Approval and Promulgation of Implementation Plans, State of California, San Joaquin Valley Unified Air Pollution Control District, New Source Review
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).
Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions
The Office of Federal Contract Compliance Programs (OFCCP) proposes amending the regulations implementing Executive Order 11246 that set forth the basic equal employment opportunity requirements that apply to Federal contractors and subcontractors. This Notice of Proposed Rulemaking (NPRM) proposes including definitions for key words or terms used in Executive Order 13665. The NPRM also proposes amending the mandatory equal opportunity clauses that are included in Federal contracts and subcontracts and federally assisted construction contracts. The NPRM would delete the outdated reference to the ``Deputy Assistant Secretary'' and replace it with the ``Director of OFCCP.'' The NPRM also proposes to change the title of a section regarding the inclusion of the equal opportunity clause by reference and making conforming changes in the text. In addition, the NPRM would establish contractor defenses to allegations of violations of the nondiscrimination provision. The proposed rule also adds a section requiring Federal contractors to notify employees and job applicants of the nondiscrimination protection created by Executive Order 13665 using existing methods of communicating to applicants and employees.
Verification of Statements of Account Submitted by Cable Operators and Satellite Carriers
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.
Airworthiness Directives; Embraer S.A. Airplanes
We are superseding an airworthiness directive (AD) 2013-22-20 for Embraer S.A. Model EMB-505 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracks beyond acceptable limits in the carbon discs of the left hand (LH) and right hand (RH) brake assemblies. We are issuing this AD to require actions to address the unsafe condition on these products.
State Implementation Plans: Response to Petition for Rulemaking; Findings of Substantial Inadequacy; and SIP Calls To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown and Malfunction; Supplemental Proposal To Address Affirmative Defense Provisions in States Included in the Petition for Rulemaking and in Additional States
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.
List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings
This rule proposes to amend 8 CFR parts 1003, 1240, and 1241 by changing the name of the ``List of Free Legal Services Providers'' to the ``List of Pro Bono Legal Service Providers.'' The rule also would enhance the eligibility requirements for organizations, private attorneys, and referral services to be included on the List of Pro Bono Legal Service Providers (List).
Separate Representation for Custody and Bond Proceedings
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.
Endangered and Threatened Wildlife and Plants; Withdrawal of the Proposed Rule To Remove the Valley Elderberry Longhorn Beetle From the Federal List of Endangered and Threatened Wildlife
We, the U.S. Fish and Wildlife Service (Service), withdraw the proposed rule to remove the valley elderberry longhorn beetle (Desmocerus californicus dimorphus) from the Federal List of Endangered and Threatened Wildlife under the Endangered Species Act of 1973 (Act), as amended. This withdrawal is based on our determination that the proposed rule did not fully analyze the best available information. We find the best scientific and commercial data available indicate that the threats to the species and its habitat have not been reduced to the point where the species no longer meets the statutory definition of an endangered or threatened species.
Sport Fishing and Boating Partnership Council
We, the U.S. Fish and Wildlife Service (Service), announce a public teleconference of the Sport Fishing and Boating Partnership Council (Council).
Transfer of Administrative Jurisdiction: Ernest Veuve Hall United States Army Reserve Center at Fort Missoula, Missoula, Montana, and the Helena Property, Helena National Forest, Helena, Montana
On July 25, 2014, Paul D. Cramer, the Deputy Assistant Secretary of the Army and Robert Bonnie, the Under Secretary of Agriculture, signed a joint interchange order authorizing the transfer of administrative jurisdiction of 12.31 acres from the Department of the Army to the United States Department of Agriculture for the inclusion in the Lolo National Forest located at Fort Missoula, Missoula, Montana. Furthermore, the joint order transfers administrative jurisdiction of 59.96 acres from the United States Department of Agriculture to the Department of the Army, located at the Helena Airport.
Application for Final Commitment for a Long-Term Loan or Financial Guarantee in Excess of $100 Million: AP088514XX; Withdrawal.
This Notice is to inform the public of the withdrawal of two duplicate notices published on September 11, 2014 at 79 FR 54275 and 54276. The referenced notice originally published on September 8, 2014 at 79 FR 53195 remains in effect.
Federal Management Regulation (FMR); Transportation Management, Transportation Officer Obligating Authority
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.
Surface Transportation Project Delivery Program Application Requirements
This final rule amends the application requirements for the Surface Transportation Project Delivery Program (Program). This rulemaking is prompted by enactment of the Moving Ahead for Progress in the 21st Century Act (MAP-21), which converted the Surface Transportation Project Delivery Pilot Program into a permanent program, allowed any State to apply for the Program, created a renewal process for Program participation, and expanded the scope of the Secretary's responsibilities that may be assigned and assumed under the Program to environmental review responsibilities for railroad, public transportation, and multimodal projects, in addition to highway projects.
Public Notice for Waiver of Aeronautical Land-Use Assurance
The FAA is considering a proposal to change 76.592 acres of airport land from the federal obligation dedicating it to aeronautical use and to authorize this land to be used for revenue producing, non- aeronautical purposes at Indianapolis International Airport, Indianapolis, Indiana. The aforementioned land is not needed for current or future aeronautical use. The land is located along the southern boundary of the airport, bordered by Col. H. Weir Cook Memorial Drive; West Perimeter Road; Haueisen Road; and Bridgeport Road. The land is not developed. A solar power generating facility is proposed for development on the land.
Certain Activated Carbon From the People's Republic of China; 2013-2014; Partial Rescission of the Seventh Antidumping Duty Administrative Review
On May 29, 2014, the Department of Commerce (``Department'') published a notice of initiation of an administrative review of the antidumping duty order on certain activated carbon from the People's Republic of China (``PRC'') based on multiple timely requests for an administrative review. The review covers 190 companies. Based on a withdrawal of the requests for review of certain companies from Calgon Carbon Corporation and Cabot Norit Americas Inc. (``Petitioners''), we are now rescinding this administrative review with respect to 165 companies.
Privacy Act of 1974; Computer Matching Program Between the U.S. Department of Education and the Department of Homeland Security, U.S. Citizenship and Immigration Services
This document provides notice of the continuation of a computer matching program between the Department of Education and the Department of Homeland Security, U.S. Citizenship and Immigration Services. The continuation is effective on the date described in paragraph 5 of this notice.
President's Advisory Commission on Educational Excellence for African Americans
This notice sets forth the schedule and agenda of the meeting of the President's Advisory Commission on Educational Excellence for African Americans. The notice also describes the functions of the Commission. Notice of the meeting is required by section 10(a)(2) of the Federal Advisory Committee Act and intended to notify the public of its opportunity to attend. Due to unexpected complications in delivering this notice to the Federal Register coupled with the requirement that the Commission hold two meetings per year and this is the only time a second meeting could be scheduled, this notice is being published late.
Notice of Resource Advisory Council Meeting for the Dominguez-Escalante National Conservation Area Advisory Council
In accordance with the Federal Land Policy and Management Act of 1976 and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM) Dominguez-Escalante National Conservation Area (NCA) Advisory Council (Council) will meet as indicated below.
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