January 2015 – Federal Register Recent Federal Regulation Documents

The Housing and Economic Recovery Act of 2008 (HERA) establishes a Housing Trust Fund (HTF) to be administered by HUD. The purpose of the HTF is to provide grants to State governments to increase and preserve the supply of rental housing for extremely low- and very low-income families, including homeless families, and to increase homeownership for extremely low- and very low-income families. This rule establishes the regulations that will govern the HTF. HUD is issuing this rule as an interim rule. It is HUD's intention to open this interim rule for public comment to solicit comments once funding is available and the grantees gain experience administering the HTF program.

The Environmental Protection Agency (EPA) is announcing a 60- day public comment period for the draft document titled, ``Second External Review Draft Integrated Science Assessment for Oxides of NitrogenHealth Criteria'' (EPA/600/R-13/005). The draft document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development (ORD) as part of the review of the primary (health-based) National Ambient Air Quality Standards (NAAQS) for nitrogen dioxide (NO2). The Integrated Science Assessment (ISA), in conjunction with additional technical and policy assessments, provide the scientific basis for EPA decisions on the adequacy of the current NAAQS and the appropriateness of possible alternative standards. EPA is developing a separate ISA and NAAQS review for the secondary (welfare-based) NAAQS for NO2, in conjunction with a review of the secondary NAAQS for sulfur dioxide (78 FR 53452). EPA is releasing this draft document to seek review by the Clean Air Scientific Advisory Committee (CASAC) and the public (meeting date and location to be specified in a separate Federal Register notice). This draft document is not final as described in EPA's information quality guidelines, and it does not represent and should not be construed to represent Agency policy or views. EPA will consider any public comments submitted in response to this notice when revising the document.

In this notice of proposed rulemaking (Proposed Rule), the Federal Deposit Insurance Corporation (FDIC) proposes to make several amendments to its regulations covering ``Fair Credit Reporting.'' First, the FDIC proposes to rescind and remove from the Code of Federal Regulations 12 CFR part 391, subpart C (part 391, subpart C), entitled ``Fair Credit Reporting.'' This subpart was included in the regulations that were transferred to the FDIC from the Office of Thrift Supervision (OTS) in connection with the implementation of applicable provisions of title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The requirements for State savings associations in part 391, subpart C are substantively similar to those in the FDIC's 12 CFR part 334 (part 334), also entitled ``Fair Credit Reporting,'' and is applicable for all insured depository institutions (``IDIs'') for which the FDIC has been designated the appropriate Federal banking agency. The FDIC proposes to modify the scope of 12 CFRs 334.1(b), 334.90(a), and 334.91(a) to include State savings associations and their subsidiaries to conform to the scope of the FDIC's current supervisory responsibilities as the appropriate Federal banking agency. The FDIC also proposes to add new subsections to define ``State savings association'' as having the same meaning as in section 3(b)(3) of the Federal Deposit Insurance Act (FDI Act). Second, the FDIC proposes to amend the definitional portion of its Identity Theft Red Flags regulations to be in conformance with the Red Flag Program Clarification Act of 2010. Third, the FDIC proposes to rescind and remove from the Code of Federal Regulations those portions of the FDIC's ``Fair Credit Reporting'' regulations where the rule writing authority was provided to the Consumer Financial Protection Bureau (``CFPB'') in the Dodd- Frank Act. The FDIC will continue to examine for and enforce violations of these regulations for all IDIs for which the FDIC has been designated the appropriate Federal banking agency. Consistent with this part of the proposal, the FDIC also proposes to make a technical change in one provision in its version of the Interagency Guidelines on Identity Theft Detection, Prevention, and Mitigation.

The FDIC is proposing a rulemaking that would revise certain provisions of its securitization safe harbor rule, which relates to the treatment of financial assets transferred in connection with a securitization or participation, in order to clarify the requirements of the Securitization Safe Harbor as to the retention of an economic interest in the credit risk of securitized financial assets upon and following the effective date of the credit risk retention regulations adopted under Section 15G of the Securities Exchange Act.

Consistent with statutory requirements and provisions, the Coast Guard is expanding the applicability of notice of arrival (NOA) and automatic identification system (AIS) requirements to include more commercial vessels. This final rule amends the applicability of notice of arrival requirements to include additional vessels, sets forth a mandatory method for electronic submission of NOAs, and modifies related reporting content, timeframes, and procedures. This final rule also extends the applicability of AIS requirements beyond Vessel Traffic Service (VTS) areas to all U.S. navigable waters, and requires that additional commercial vessels install and use AIS, consistent with statutory requirements, and in limited cases, the Secretary's discretionary authority. These changes will improve navigation safety, enhance our ability to identify and track vessels, and heighten our overall maritime domain awareness (MDA), thus helping us address threats to maritime transportation safety and security.

The Federal Deposit Insurance Corporation (FDIC) is rescinding and removing the former OTS regulation entitled ``Possession by Conservators and Receivers for Federal and State Savings Associations'' from the Code of Federal Regulations because it is not necessary. This rule was included in the regulations that were transferred to the FDIC from the Office of Thrift Supervision (OTS) on July 21, 2011, in connection with the implementation of Title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).

The FDIC invites comment on a notice of proposed rulemaking (NPR or proposed rule) that would amend the definition of ``qualifying master netting agreement'' under the regulatory capital rules, and the liquidity coverage ratio rule. The FDIC also is proposing to amend the definitions of ``collateral agreement,'' ``eligible margin loan,'' and ``repo-style transaction'' under the regulatory capital rules. The amendments are designed to ensure that the regulatory capital and liquidity treatment of certain financial contracts generally would not be affected by implementation of special resolution regimes in foreign jurisdictions if such regimes are substantially similar to Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Federal Deposit Insurance Act in the United States, or by the International Swaps and Derivative Association Resolution Stay Protocol that provide for contractual submission to such regimes. In December 2014, the Office of the Comptroller of the Currency (OCC) and the Board of Governors of the Federal Reserve System (Board) adopted a joint interim final rule that is related to this proposed rule.

We are adopting a new airworthiness directive (AD) for certain Dassault Aviation Model MYSTERE-FALCON 50 airplanes. This AD was prompted by a report of an untimely and intermittent indication of slat activity due to chafing of the electrical wiring under the glare shield and behind the flight deck front panel. This AD requires installing two protective plates between the electrical wiring under the glare shield and the engine fire pull handles. We are issuing this AD to prevent chafing of the electrical wiring, which could result in a short circuit and generation of smoke in the cockpit, potential loss of several functions essential for safe flight, and consequent reduced controllability of the airplane.

We are superseding Airworthiness Directive (AD) 2009-06-06 for all Airbus Model A310 and A300-600 series airplanes. AD 2009-06-06 required revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations and maintenance tasks for aging systems maintenance. This new AD requires revising the maintenance or inspection program to incorporate new maintenance requirements and airworthiness limitations. This AD was prompted by a determination that more restrictive maintenance requirements and airworthiness limitations are necessary. We are issuing this AD to prevent reduced structural integrity and reduced control of these airplanes due to the failure of system components.

We are adopting a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, - 135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This AD was prompted by a determination of the need to revise the airplane airworthiness limitations related to the pylon yokes I and II, and the skin panel of the windshield pillar. This AD requires revising the maintenance or inspection program, as applicable. We are issuing this AD to prevent fatigue cracking of various structural elements, which could affect the structural integrity of the airplane.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B16 (CL-604 Variant) airplanes. This AD was prompted by reports of loose, broken, or backed-out spur gear bolts on the horizontal stabilizer trim actuator (HSTA). This AD requires a revision to the airplane flight manual, a revision to the maintenance or inspection program, as applicable, and replacement of HSTAs having certain part numbers. We are issuing this AD to detect and correct loose spur gear bolts on the HSTA, which, if combined with the failure of the primary load path, could lead to failure of the HSTA and subsequent loss of the airplane.

This rule amends, suspends, or removes 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 for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

BOEM is announcing the availability of and requests comments on the Draft Proposed Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2017-2022 (DPP). This draft proposal is for the 2017-2022 OCS Oil and Gas Leasing Program that will succeed the current 2012-2017 Program. The DPP provides the basis for gathering information and conducting analyses to inform the Secretary of the Interior (Secretary) on which areas to include for further leasing consideration in the 2017-2022 Program. Section 18 of the OCS Lands Act (43 U.S.C. 1344) specifies a multi- step process of consultation and analysis that must be completed before the Secretary may approve a new Five-Year Program. The required steps following this notice include the development of a Proposed Program (PP), Proposed Final Program (PFP), and Secretarial approval. In conjunction with this notice, BOEM is publishing a Notice of Intent (NOI) to prepare a Programmatic Environmental Impact Statement (PEIS) for the 2017-2022 Program, pursuant to the National Environmental Policy Act (NEPA).

NMFS reviewed the Alaska, Atlantic, and Pacific regional marine mammal stock assessment reports (SARs) in accordance with the Marine Mammal Protection Act. SARs for marine mammals in the Alaska, Atlantic, and Pacific regions were revised according to new information. NMFS solicits public comments on the draft 2014 SARs.

The National Institute of Standards and Technology (NIST), a non-regulatory agency of the United States Department of Commerce, in a cooperative partnership with the National Football League (NFL), the General Electric Company (GE) and Under Armour, Inc. (UA), is conducting a prize competition funding initiative to support the discovery, design and deployment of materials that improve the protection of athletes, members of the military, and society overall. The Head Health Advanced Materials Prize Competition (Head Health Challenge III, Challenge III, or Competition) is being conducted to broadly advance the science of materials for impact protection, as well as measurements and standards for assessing the performance of such materials. These advances are essential for the health of athletes of every age, and they will have a broad positive impact on the range of activities and occupations in our society that require protective gear. It is hoped that Head Health Challenge III will stimulate engagement with diverse science and technology communities across industry, academia and government (e.g. automotive, aerospace, light-weighting, and physical security) that can realize innovative approaches to this problem. Efforts to speed diagnosis and improve prevention, protection and treatment for mild traumatic brain injury hold promise for improved safety of athletes, members of the military and the American public. The NFL, GE and UA share a commitment to the importance of research and technology development to better understand, diagnose, prevent and protect against brain injury, as reflected in collaborations, including the Head Health Initiative. In this context, the development of energy- absorbing materials is highly aligned with the broader efforts of NIST under the President's Materials Genome Initiative, aimed at accelerating innovation in advanced materials to address critical national needs, and in keeping with NIST's mission. Previous Head Health Challenge collaborations by the NFL, GE and UA have addressed the detection and management of mild traumatic brain injuries, focused on discovering imaging and algorithms to better detect and analyze subtle changes in the brain (Head Health Challenge I: Methods for Diagnosis and Prognosis of Mild Traumatic Brain Injuries), and on novel technologies, system designs, or materials that can quantify head impact in real time, detect, track or monitor biologic or physiological indicators of traumatic brain injury, protect the brain from traumatic injury, mitigate or prevent short or long-term consequences of brain trauma, and assist in training to prevent traumatic brain injury (Head Health Challenge II: Innovative Approaches For Preventing And Identifying Brain Injuries). Information on Head Health Challenges I and II may be found at www.HeadHealthChallenge.com. The National Football League, Under Armour, GE and the National Institute of Standards and Technology have established a joint effort to advance the state-of-the-art in advanced materials for impact mitigation. The objective of Challenge III is to stimulate the development of a range of materials that provide excellent energy absorbing and energy dissipating properties. The NFL, Under Armour, GE and NIST look forward to receiving submissions consistent with the listed specifications that will aid in advancing safety and protection for athletes, the warfighter, and civilians.

On June 27, 2014, the Department of Commerce (the Department) published in the Federal Register a notice of initiation of an administrative review of the antidumping duty (AD) order on aluminum extrusions from the People's Republic of China (PRC), based on multiple timely requests for an administrative review.\1\ The review covers 155 companies. Based on the timely withdrawal of the requests for review of certain companies, we are now rescinding this administrative review with respect to the 116 companies identified in the Appendix to this notice.\2\

NMFS issues this notice to inform interested parties that the Oregon coastal Dungeness crab sub-loan in the fishing capacity reduction program for the Pacific Coast Groundfish Fishery has been repaid. Therefore, buyback fee collections on Oregon coastal Dungeness crab will cease for all landings after December 31, 2014.

The U.S. Nuclear Regulatory Commission (NRC) is withdrawing the intent to prepare a supplemental environmental impact statement (SEIS) published in the Federal Register on February 7, 2011. The purpose of the SEIS the NRC had intended to prepare was to address any impacts that would have resulted from a change in the reactor technology referenced in the North Anna Power Station (NAPS) Unit 3 Combined License (COL) application. The intent to prepare a SEIS is being withdrawn because of the applicant's decision to return to the original reactor design, as referenced and evaluated in an earlier SEIS for the NAPS.

On December 18, 2014, President Barack Obama signed Executive Order 13684 titled ``Establishment of the President's Task Force on 21st Century Policing'' establishing the President's Task Force on 21st Century Policing (``Task Force''). The Task Force seeks to identify best practices and make recommendations to the President on how policing practices can promote effective crime reduction while building public trust and examine, among other issues, how to foster strong, collaborative relationships between local law enforcement and the communities they protect. The Task Force will be holding public meetings to address the topics of Community Policing & Crime Reduction and Training & Education. The meeting agendas are as follows:

On December 9, 2014, the U.S. Nuclear Regulatory Commission (NRC) solicited comments on, among other proposed actions, a proposed amendment for the Vermont Yankee Nuclear Power Station in a notice entitled, ``Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations.'' According to the notice, comments were required to be filed by January 8, 2015. Due to concerned stakeholders seeking additional time to provide comments, the NRC has decided to reopen the public comment period for the proposed amendment to the Vermont Yankee Nuclear Power Station Renewed Facility Operating License.

In this document, the Consumer and Governmental Affairs Bureau (CGB), terminates, as dormant, certain docketed Commission proceedings. The Commission believes that termination of these proceedings furthers the Commission's organizational goals of increasing the efficiency of its decision-making, modernizing the agency's processes in the digital age, and enhancing the openness and transparency of Commission proceedings for practitioners and the public.