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Federal Register Highlights – 10/20/14

Unpublished, time-sensitive and proposed rules for October 20, 2014:

TEMPORARY RULE: The Coast Guard is establishing a temporary security zone on Lake Michigan in the vicinity of both Milwaukee Harbor in Milwaukee, WI and Chicago Harbor in Chicago, IL within a 500-yard radius of the Cruise Ship HAMBURG. This security zone is intended to restrict vessels from a portion of Lake Michigan during the transit of the Cruise Ship HAMBURG to and from Milwaukee, WI and Chicago, IL. This security zone is necessary to protect the Cruise Ship HAMBURG and its occupants during its transit to and from Milwaukee, WI, and Chicago, IL. This rule is effective without actual notice from October 20, 2014 until October 31, 2014 at 12:01 a.m. For the purposes of enforcement, actual notice will be used from the date the rule was  signed, October 1, 2014, until October 20, 2014.

PROPOSED RULE: The Safe Drinking Water Act (SDWA), as amended in 1996, requires the Environmental Protection Agency (EPA) to make regulatory determinations every five years on at least five unregulated contaminants. A regulatory determination is a decision about whether or not to  begin the process to propose and promulgate a national primary drinking water regulation (NPDWR) for an unregulated contaminant. These unregulated contaminants are chosen from the Contaminant Candidate List (CCL), which SDWA requires the agency to publish every five years. EPA published the  third CCL (CCL 3) in the Federal Register on October 8, 2009. This notice presents the preliminary regulatory determinations and supporting rationale for 5 of the 116 contaminants listed on CCL 3. The agency is making preliminary determinations to regulate one contaminant (i.e., strontium) and to not regulate four contaminants (i.e., 1,3-dinitrobenzene, dimethoate, terbufos and terbufos sulfone). EPA seeks comment on these preliminary determinations. Comments must be received on or before December 19, 2014, 60 days after publication in the Federal Register. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: GSA is proposing to amend the Federal Travel Regulation (FTR) by requiring agencies to have an internal policy for determining whether to authorize a privately owned vehicle (POV), as opposed to a rental car, in conjunction with temporary duty travel (TDY). Further, GSA proposes to specify that travelers, who have been authorized to travel via common carrier or rental car, and choose to use a POV instead, will be reimbursed at the  applicable POV mileage rate. Also, this amendment proposes to add specific provisions addressing the type of rental vehicles travelers must use, as well as pre-paid refueling options and other rental car surcharges. Finally, this amendment proposes to make certain miscellaneous corrections, where  applicable. Interested parties should submit written comments to the Regulatory Secretariat at one of the addresses shown below on or before December 19, 2014 to be considered in the formation of the final rule. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: NMFS implements accountability measures (AMs) for commercial wrasses in the exclusive economic zone of the U.S. Caribbean   (EEZ) off Puerto Rico for the 2014 fishing year through this temporary rule. NMFS has determined that the commercial annual catch limit (ACL) for wrasses off Puerto Rico, as estimated by the Science and Research Director (SRD), was exceeded based on average landings during the 2011–2012 fishing years. This temporary rule reduces the length of the 2014 commercial fishing season for wrasses off Puerto Rico by the amount necessary to ensure that landings do not exceed the commercial ACL in 2014. NMFS implements AMs and closes the commercial sector for wrasses off Puerto Rico at 12:01 a.m., local time, on October 20, 2014, through the end of the fishing year, December 31, 2014. These AMs are necessary to protect the Caribbean wrasses  resource. The AMs for commercial wrasses in the EEZ off Puerto Rico are effective 12:01 a.m., local time, October 20, 2014, until 12:01 a.m., local time, January 1, 2015.

Federal Register Highlights – 10/17/14

Unpublished, time-sensitive and temporary rules for October 17, 2014:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Carolina Coastal Railroad Bridge, at AICW mile 203.8, across Newport River in Morehead City, NC. This bridge is presently maintained in the open position except when closure is necessary for train crossings. This deviation allows the bridge to remain closed to navigation from 9 a.m. to noon and again from 1 p.m. to 3 p.m. every day, from November 3 through November 7, 2014, so that necessary maintenance may be made. This deviation is effective from 9 a.m., on Monday, November 3, 2014 until 3 p.m., on Friday, November 7, 2014.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the I–64 (High Rise) Bridge across the AIWW, South Branch of the Elizabeth River, mile 7.1, at Chesapeake, VA. This deviation is necessary to facilitate maintenance work on the movable spans drive machinery. This temporary deviation allows the drawbridge to remain in the closed to navigation position. This deviation is effective from 12:01 a.m. on November 1, 2014 to noon on November 2, 2014.

TEMPORARY RULE: The Coast Guard is establishing a Regulated Navigation Area (RNA) on the navigable waters of the Piscataqua River surrounding Bridge 1 between Kittery, ME, and Seavey Island, ME. This RNA allows the Coast Guard to enforce speed and wake restrictions and limit vessel traffic through the RNA during operations involving bridge structural repairs, both planned and unforeseen, which could pose an imminent hazard to persons and vessels operating in the area. This rule is necessary to provide for the safety of life on the navigable waters during bridge structural repair operations. This rule is effective from October 17, 2014 until April 30, 2017. This rule has been enforced with actual notice from September 30, 2014 to October 17, 2014.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on the navigable waters of the Mill River, in New Haven, CT for the English Station Emergency Environmental Response. This action is necessary to provide for the safety of life on navigable waters during the response. Entering into, transiting through, remaining, anchoring or mooring within this safety zone is prohibited unless authorized by the Captain of the Port (COTP) Sector Long Island Sound. This rule is effective without actual notice from October 17, 2014 until November 30, 2014. For the purposes of enforcement, actual notice will be used from the date the rule was signed, October 3, 2014, until October 17, 2014.

TEMPORARY RULE: The Coast Guard is establishing temporary safety zone in the navigable waters of the San Francisco Bay near Pier 39 in support of the Pier 39 36th Anniversary Fireworks Display on October 4, 11, 18 and 25, 2014. The safety zone is established to ensure the safety of participants and spectators from the dangers associated with pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative. This rule is effective without actual notice from October 17, 2014 until October 25, 2014. For the purposes of enforcement, actual notice will be used from October 4, 2014 until October 17, 2014. This rule will be enforced from 11 a.m. to 9 p.m. on October 4, 11, 18 and 25, 2014.

PROPOSED RULE: The U.S. Department of Energy (DOE) proposes to reinterpret the statutory definition of a ceiling fan to include hugger ceiling fans and to amend its test procedure for ceiling fans established under the Energy Policy and Conservation Act. The proposed test procedure would establish an integrated efficiency metric for ceiling fans, based on the airflow and power consumption at low and high speed for low-volume ceiling fans, and at high speed for high-volume ceiling fans (where volume refers to airflow volume). The proposed efficiency metric would also account for power consumed in standby mode. The proposed test procedure amendments also include new test methods for high- volume ceiling fans, multi-mount ceiling fans, ceiling fans with multiple fan heads, and ceiling fans where the airflow is not directed vertically, as well as power consumption in standby mode. In addition, the proposed test procedure would: Clarify that only high and low speeds are to be tested for low-volume ceiling fans; eliminate the requirement to test with a test cylinder; add a false ceiling; clarify the distance between the ceiling fan blades and the air velocity sensors during testing; clarify the fan configuration during testing for low-volume ceiling fans; clarify the test method for ceiling fans with heaters; and revise the allowable tolerance for air velocity sensors. DOE is also announcing a public meeting to discuss and receive comments on issues presented in this test procedure rulemaking. Meeting: DOE will hold a public meeting on Wednesday, November 19, from 9 a.m. to 4 p.m., in Washington, DC. The meeting will also be broadcast as a webinar. Comments: DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) before and after the public meeting, but no later than December 31, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number EERE–2013–BT–TP–0050. Information on participation in the public meeting via webiner is also available at this website. Commenting page was not available at the time of this posting.)

TEMPORARY RULE: NMFS implements an accountability measure (AM) for commercial king mackerel in the western zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary final rule. NMFS has determined that the commercial quota for king mackerel in the western zone of the Gulf EEZ will have been reached by October 17, 2014. Therefore, NMFS closes the western zone of the Gulf to commercial king mackerel fishing in the EEZ. This closure is necessary to protect the Gulf king mackerel resource. The closure is effective noon, local time, October 17, 2014, until 12:01 a.m., local time, on July 1, 2015.

 

Federal Register Highlights – 10/16/14

Unpublished, time-sensitive and proposed rules for October 16, 2014:

PROPOSED RULE: We are proposing to amend the fruits and vegetables regulations to list kiwi (Actinidia deliciosa and Actinidia chinensis) from Chile as eligible for importation into the United States subject to a systems approach. Under this systems approach, the fruit would have to be grown in a place of production that is registered with the Government of Chile and certified as having a low prevalence of Brevipalpus chilensis. The fruit would have to undergo pre-harvest sampling at the registered production site. Following post-harvest processing, the fruit would have to be inspected in Chile at an approved inspection site. Each consignment of fruit would have to be accompanied by a phytosanitary certificate with an additional declaration stating that the fruit had been found free of Brevipalpus chilensis based on field and packinghouse inspections. This proposed rule would allow for the safe importation of kiwi from Chile using mitigation measures other than fumigation with methyl bromide. We will consider all comments that we receive on or before December 15, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number APHIS–2014–0002. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Consumer Product Safety Commission (CPSC or Commission) is proposing a rule to specify that seasonal and decorative lighting products that do not contain one or more of three readily observable characteristics (minimum wire size, sufficient strain relief, or overcurrent protection) constitute a substantial product hazard under the Consumer Product Safety Act (CPSA). Written comments must be received by December 30, 2014.  (To submit comments, visit http://www.regulations.gov, reference docket number CPSC–2014–0024. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Farm Credit Administration (FCA, we or our) proposes to amend its existing rules related to Farm Credit System (Farm Credit or System) bank and association stockholder voting policies and procedures so as to continue to address confidentiality and security in voting. This rulemaking would amend FCA’s regulations to clarify and enhance voting procedures for tabulating votes, the use of tellers committees, and other items as identified. Comments on this proposed rule must be submitted on or before December 15, 2014. (To submit comments, visit http://www.regulatiosn.gov, reference RIN 3052–AC85. Commenting page was not available at the time of this posting.)

PROPOSED RULE: This proposed rule would revise and update HUD’s regulations governing the demolition and disposition of public housing. Currently, demolitions and dispositions are approved based on certification by a public housing agency (PHA) that certain conditions are met. This rule increases the oversight of demolition and disposition of public housing by requiring PHAs to submit more detailed justifications supporting such certifications, and specifying the requirements concerning the use of disposition proceeds, and other matters. The rule would also clarify and provide more detail related to existing requirements applicable to demolition and disposition such as resident relocation, and fair housing and civil rights compliance to ensure that PHAs properly abide by such requirements. The rule proposes to allow a PHA to request HUD permission to retain public housing property free of restrictions under the declaration of trust and annual contributions contract. In addition, the rule would update regulatory provisions to conform to certain requirements under the Housing and Economic Recovery Act of 2008, and clarify the definition of ‘‘conversion’’ in HUD’s conversion of public housing regulations. Comment Due Date: December 15, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number FR–5399–P–01. Commenting page was not available at the time of this posting.)

TEMPORARY RULE: NMFS is prohibiting directed fishing for non-CDQ Greenland turbot in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2014 Greenland turbot initial total allowable catch (ITAC) in the Bering Sea subarea of the BSAI. Effective 1200 hrs, Alaska local time (A.l.t.), October 12, 2014, through 2400 hrs, A.l.t., December 31, 2014.

TEMPORARY RULE: NMFS is opening directed fishing for Pacific ocean perch in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area. This action is necessary to fully use the 2014 total allowable catch of Pacific ocean perch specified for the Bering Sea subarea of the Bering Sea and Aleutian Islands management area. Effective 1200 hrs, Alaska local time (A.l.t.), October 15, 2014, through 1200 hrs, A.l.t., December 31, 2014.

TEMPORARY RULE: NMFS is opening directed fishing for Pacific ocean perch, northern rockfish, and dusky rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the total allowable catch of Pacific ocean perch, northern rockfish, and dusky rockfish in the Western Regulatory Area of the GOA. Effective 1200 hrs, Alaska local time (A.l.t.), October 15, 2014, through 2400 hrs, A.l.t., December 31, 2014.

PROPOSED RULE: This rule proposes detailed procedures for the suspension and revocation of an Agent’s privilege to do business with the United States Small Business Administration (SBA) within a single Part of the Code of Federal Regulations; remove 8(a) program specific procedures for Agent suspension and revocation; clarify existing and related regulations as to suspension, revocation, and debarment; and remove Office of Hearings and Appeals jurisdiction over Agent suspensions and revocations and government-wide debarment and suspension actions. This proposed rule would also conform SBA suspension and revocation procedures for Agents with general government-wide non- procurement suspension and debarment procedures. Comments must be received on or December 15, 2014.

 

Federal Register Highlights – 10/15/14

Unpublished, time-sensitive and proposed rules for October 15, 2014:

PROPOSED RULE: This document contains proposed regulations that will remove a rule that a deemed discharge of indebtedness for which a Form 1099–C, ‘‘Cancellation of Debt,’’ must be filed occurs at the expiration of a 36-month non-payment testing period. The Department of the Treasury and the IRS are concerned that the rule creates confusion for taxpayers and does not increase tax compliance by debtors or provide the IRS with valuable third-party information that may be used to ensure taxpayer compliance. The proposed regulations will affect certain financial institutions and governmental entities. Comments and requests for a public hearing must be received by January 13, 2015.  (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The United States Office of Personnel Management (OPM) is issuing a proposed rule to amend the Federal Employees’ Group Life Insurance (FEGLI) regulations to allow children of same-sex domestic partners living in states that do not allow same-sex couples to marry to be covered as family members under an eligible individual’s FEGLI Option C enrollment. This rule expands the circumstances under which an employee experiencing a change in family circumstances may include eligible children of a same-sex domestic partner. Comments are due on or before December 15, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

Federal Register Highlights – 10/14/14

Unpublished, time-sensitive and proposed rules for October 14, 2014:

TEMPORARY RULE: The Coast Guard will enforce a safety zone for the Pittsburgh Steeler/Steelers Fireworks on the Allegheny River from mile 0.0 to 0.2 and Ohio River from mile 0.0 to 0.3. This zone will be in effect on October 20th, November 2nd, and December 28th, 2014 from 7:30 p.m. until 8:50 p.m. This zone is needed to protect vessels transiting the area and event spectators from the hazards associated with the Pittsburgh Steeler/Steelers Barge-based Fireworks. During the enforcement period, entry into, transiting, or anchoring in the safety zone is prohibited to all vessels not registered with the sponsor as participants or official patrol vessels, unless specifically authorized by the Captain of the Port (COTP) Pittsburgh or a designated representative. The regulations in 33 CFR 165.801 will be enforced with actual notice on October 20, November 2, and December 28, 2014 from 7:30 p.m. until 8:50 p.m.

PROPOSED RULE: The Energy Conservation and Production Act (ECPA), as amended by the Energy Independence and Security Act of 2007, requires DOE to establish revised performance standards for the construction of new Federal buildings, including commercial buildings, multi-family high-rise residential buildings and low-rise residential buildings. On October 15, 2010, DOE issued a Notice of Proposed Rulemaking (NOPR) to establish regulations implementing the fossil fuel-generated energy provisions of the ECPA performance standards for Federal buildings. In response to the NOPR, DOE received a number of comments expressing concern and encouraging DOE to re-examine the proposed regulations. In response to these comments, DOE has identified additional areas for clarification and consideration that would benefit from further public comment. In this supplemental notice of proposed rulemaking (SNOPR), DOE responds to the comments received on the NOPR and identifies and seeks comment on additional approaches to the scope of the requirements in the context of major renovations, the potential use of renewable energy certificates for compliance, and a streamlined process for agencies to seek a downward adjustment from the required reduction levels, particularly for major renovations. Public comments on this supplemental proposed rule will be accepted until December 15, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Environmental Protection Agency (EPA) is proposing to modify the designations for the five Ocean Dredged Material Disposal Sites (ODMDS) around Puerto Rico (San Juan Harbor, PR ODMDS; Yabucoa Harbor, PR ODMDS; Ponce Harbor, PR ODMDS; Mayaguez Harbor, PR ODMDS; Arecibo Harbor, PR ODMDS). Currently, each of the ODMDS is restricted to only allow disposal of dredged material from the specific harbor for which it is named. The proposed modification would remove the restriction that limits eligibility for disposal at each of the disposal sites based solely on the geographic origin of the dredged material. The proposed modifications to the site designations do not actually authorize the disposal of any particular dredged material at any site. All proposals to dispose of dredged material at any of the designated sites will continue to be subject to project-specific reviews and must still be demonstrated to satisfy the criteria for ocean dumping before any material is authorized for disposal. This action is necessary to provide long-term flexibility for management of any dredged material that may potentially be derived from maintenance, development, or emergency activities in areas outside those harbors currently provided for in the designations. The proposed modifications to the site designations are for an indefinite period of time. Each ODMDS will continue to be monitored to ensure that significant unacceptable, adverse environmental impacts do not occur as a result of dredged material disposal at the site. Comments must be received on or before November 13, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: NMFS reduces the trip limit for the commercial sector of king mackerel in the eastern zone of the Gulf of Mexico (Gulf) in the Florida west coast northern subzone to 500 lb (227 kg) of king mackerel per day in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the Gulf king mackerel resource. This rule is effective 12:01 a.m., local time, October 13, 2014, through June 30, 2015, unless changed by further notice in the Federal Register.

PROPOSED RULE: Through the preparation of a Final Trail Management Plan, the National Park Service proposed to expand recreational bicycling opportunities in Cuyahoga Valley National Park. The Final Trail Management Plan evaluated approximately 10 miles of new, single-track, off-road bicycle trails in undeveloped regions of the park; 3.1 miles of new cross-country trails; and 1.35 miles of new connector, multi-use trails for bicycle use. The National Park Service general regulation pertaining to bicycles requires promulgation of a special regulation to authorize bicycle use on new trails constructed outside of developed areas. Comments must be received by December 15, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

Federal Register Highlights – 10/10/14

Unpublished, time-sensitive and proposed rules for October 10, 2014:

TEMPORARY RULE: The Coast Guard is establishing temporary safety zones in the navigable waters of Suisun Bay in support of the Military Ocean Terminal Concord (MOTCO) electromagnetic scan and ordnance recovery operations. These safety zones are established to ensure the safety of the ordnance identification and recovery teams and mariners transiting the area. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zones without permission of the Captain of the Port or their designated representative. This rule is effective without actual notice from October 10, 2014 until October 31, 2014. For the purposes of enforcement, actual notice will be used from September 29, 2014, through October 31, 2014. This rule will be enforced from 7 a.m. to 6 p.m. on the dates mentioned above.

PROPOSED RULE: The Federal Maritime Commission proposes to amend its rules governing the licensing, financial responsibility requirements and duties of Ocean Transportation Intermediaries. The proposed rule is intended to adapt to changing industry conditions, improve regulatory effectiveness, improve transparency, streamline processes and reduce regulatory burdens. Comments are due on or before December 12, 2014. (Address all comments concerning this proposed rule to: Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573–0001, Phone: (202) 523–5725, Email: secretary@fmc.gov. Include in the subject line: Docket No. 13–05, Comments on Ocean Transportation Intermediary Regulation Revisions.)

TEMPORARY RULE: NMFS issues this temporary rule to extend the expiration date of emergency measures implemented to reduce the amount of blueline tilefish that may be harvested in the exclusive economic zone (EEZ) of the South Atlantic. NMFS published an emergency rule on April 17, 2014, to remove the blueline tilefish portion from the deep-water complex annual catch limit (ACL) and establish separate commercial and recreational ACLs and accountability measures (AMs) for blueline tilefish. The intent of this rulemaking is to extend the measures implemented in the emergency action to reduce overfishing of blueline tilefish in the South Atlantic while the South Atlantic Fishery Management Council (Council) develops permanent management measures. The expiration date for the temporary rule published at 79 FR 21636, April 17, 2014, is extended from October 14, 2014, through April 18, 2015, unless NMFS publishes a superseding document in the Federal Register.

TEMPORARY RULE: NMFS is reallocating the projected unused amount of the 2014 Atka mackerel incidental catch allowance (ICA) for the Bering Sea subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80 cooperatives in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2014 total allowable catch of Atka mackerel in the BSAI to be fully harvested. Effective October 9, 2014, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2014.

TEMPORARY RULE: NMFS is prohibiting retention of ‘‘other rockfish’’ in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2014 total allowable catch (TAC) of ‘‘other rockfish’’ in the BSAI has been reached. Effective 1200 hrs, Alaska local time (A.l.t.), October 6, 2014, through 2400 hrs, A.l.t., December 31, 2014.

PROPOSED RULE: This proposed rule would revise regulations for the Pacific Coast Groundfish fishery with a target implementation date of January 1, 2015. Final implementation of the 2015–2016 biennial harvest specifications and management measures will likely be delayed beyond January 1, 2015. NMFS has identified two issues that must be addressed prior to January 1, 2015, to prevent interruption of ongoing fisheries and to allow harvest of the total allowable groundfish catch. This action would address those issues by revising groundfish regulations in two ways. First, this action would replace language that was inadvertently deleted after a series of temporary rulemakings. This would reinstate a mechanism whereby NMFS can issue interim groundfish allocations at the beginning of the year, allowing the Pacific coast groundfish fishery to continue in years when annual groundfish harvest specifications are expiring and new ones are not yet finalized, as is likely for January 1, 2015. Second, this action would amend regulations to extend NMFS’ authority to issue the full shorebased trawl allocation of groundfish to current quota share holders in the Shorebased Individual Fishing Quota Program. Specifically, the rule would allow NMFS to issue that portion of the allowable catch currently allocated to an Adaptive Management Program (AMP), to quota share holders until final criteria and a process for distribution of the AMP quota shares is developed and implemented. Submit comments on or before November 10, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number NOAA–NMFS–2014–0098. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The U.S. Office of Personnel Management (OPM) is issuing proposed regulations that would remove regulatory requirements for Federal agencies to submit reports to OPM relating to their implementation of certain human resources management programs and authorities. Comments must be received on or before December 9, 2014. (To submit comments, visit http://www.regulations.gov, reference RIN 3206–AM69. Commenting page was not available at the time of this posting.)

Federal Register Highlights – 10/9/14

Unpublished, time-sensitive and proposed rules for October 9, 2014:

PROPOSED RULE: This proposed rule would revise the current conditions of participation (CoPs) that home health agencies (HHAs) must meet in order to participate in the Medicare and Medicaid programs. The proposed requirements would focus on the care delivered to patients by home health agencies, reflect an interdisciplinary view of patient care, allow home health agencies greater flexibility in meeting quality care standards, and eliminate unnecessary procedural requirements. These changes are an integral part of our overall effort to achieve broad-based, measurable improvements in the quality of care furnished through the Medicare and Medicaid programs, while at the same time eliminating unnecessary procedural burdens on providers. To be assured consideration, comments must be received no later than 5 p.m. on December 8, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number CMS–3819–P. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Employment and Training Administration (ETA) of the U.S. Department of Labor (Department) proposes to establish in regulation, for State Unemployment Insurance (UI) program purposes, occupations that regularly conduct drug testing. These regulations would implement the Middle Class Tax Relief and Job Creation Act of 2012 (the Act) amendments to the Social Security Act (SSA), permitting States to enact legislation that would allow State UI agencies to conduct drug testing on unemployment compensation (UC) applicants for whom suitable work (as defined under the State law) is only available in an occupation that regularly conducts drug testing (as determined under regulations issued by the Secretary of Labor (Secretary)). States may deny UC to an applicant who tests positive for drug use under these circumstances. The Secretary is required under the SSA to issue regulations determining those occupations that regularly conduct drug testing. To be ensured consideration, comments must be submitted in writing on or before December 8, 2014. (To submit comments, visit http://www.regulations.gov, reference RIN 1205–AB63.. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The U.S. Department of Energy is proposing to revise its test procedure for external power supplies. These proposed revisions, if adopted, would harmonize the instrumentation resolution and uncertainty requirements with the second edition of the International Electrotechnical Commission (IEC) 62301 standard when measuring standby power along with other international standards programs. The proposal would also clarify certain testing set-up requirements. Finally, DOE is proposing an optional test to measure the active-mode efficiency at a 10% loading condition and an optional recording of power factor at this loading condition and each of the other required loading conditions. DOE will accept comments, data, and information regarding this notice of proposed rulemaking no later than December 8, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number EERE–2014–BT–TP–0043. Commenting page was not available at the time of this posting.)

PROPOSED RULE: We, the U.S. Fish and Wildlife Service, propose to list Trichomanes punctatum ssp. floridanum (Florida bristle fern), a plant subspecies from Miami-Dade and Sumter Counties in Florida, as an endangered species under the Endangered Species Act of 1973, as amended (Act). If we finalize this rule as proposed, it would extend the Act’s protections to this plant and add this plant to the Federal List of Endangered and Threatened Plants. We will accept comments received or postmarked on or before December 8, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number FWS–R4–ES–2014–0044. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Bureau of Indian Affairs is proposing to amend its regulations governing Secretarial elections and procedures for tribal members to petition for Secretarial elections. This proposed rule reflects changes in the law and the requirement that regulations be written in plain language. Comments must be received on or before December 17, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number BIA–2014–0006. Commenting page was not available at the time of this posting.)

PROPOSED RULE: The Mine Safety and Health Administration (MSHA) proposes to amend the Agency’s regulations for administering fees for testing, evaluation, and approval of products manufactured for use in mines. This proposed rule would revise the fees charged for these services. The proposed rule also would include a fee for approval services that MSHA provides to applicants or approval holders under the existing rule, but for which the Agency currently does not charge a fee, and for other activities required to support the approval process. Comments must be received or postmarked by midnight Eastern Daylight Saving Time on November 10, 2014. (To submit comments, visit http://www.regulations.gov, reference docket number MSHA–2014–0016. Commenting page was not available at the time of this posting.)

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