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Federal Register Highlights – 11/29/2013

November 29, 2013

I’m posting this as if anybody’s actually going to read about unpublished, time-sensitive and proposed rules for Black Friday 2013 (November 29, 2013):

TEMPORARY RULE: The Coast Guard is establishing a regulated navigation area (RNA) on the Piscataqua River near Portsmouth, NH. This temporary final rule places speed restrictions on all vessels transiting the navigable waters of the Piscataqua River, Portsmouth, NH near the Portsmouth Naval Shipyard between Henderson Point Light on Seavey Island and Badgers Island Buoy 14. This rule is necessary to provide for the safety of life on the navigable waters during ongoing dive operations. This rule is effective without actual notice from November 29, 2013 until 5:00 p.m. on December 6, 2013.

TEMPORARY RULE: The Coast Guard is temporarily modifying the dates for the special local regulation in support of the Lake Havasu City Christmas Boat Parade of Lights on the Colorado River. This modification is necessary to reflect the actual dates of the event for this year which are December 6th and December 7th, 2013. Additionally, this temporary final rule adds a third evening, December 14th, 2013. This rule is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this zone unless authorized by the Captain of the Port, or his designated representative. This rule is effective from 5 p.m. to 9 p.m. on December 6th, December 7th, and December 14th, 2013.

PROPOSED RULE: The Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC) are requesting comment on a proposed rule (proposed rule) that would implement a quantitative liquidity requirement consistent with the liquidity coverage ratio standard established by the Basel Committee on Banking Supervision. The requirement is designed to promote the short-term resilience of the liquidity risk profile of internationally active banking organizations, thereby improving the banking sector’s ability to absorb shocks arising from financial and economic stress, as well as improvements in the measurement and management of liquidity risk. The proposed rule would apply to all internationally active banking organizations, generally, bank holding companies, certain savings and loan holding companies, and depository institutions with more than $250 billion in total assets or more than $10 billion in on-balance sheet foreign exposure, and to their consolidated subsidiaries that are depository institutions with $10 billion or more in total consolidated assets. The proposed rule would also apply to companies designated for supervision by the Board by the Financial Stability Oversight Council under section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act that do not have significant insurance operations and to their consolidated subsidiaries that are depository institutions with $10 billion or more in total consolidated assets. The Board also is proposing on its own a modified liquidity coverage ratio standard that is based on a 21-calendar day stress scenario rather than a 30 calendar-day stress scenario for bank holding companies and savings and loan holding companies without significant insurance or commercial operations that, in each case, have $50 billion or more in total consolidated assets. Comments on this notice of proposed rulemaking must be received by January 31, 2014. (To submit comments, visit www.regulations.gov, reference docket number OCC–2013–0016.)

PROPOSED RULE: Under section 211(o) of the Clean Air Act, the Environmental Protection Agency is required to set the renewable fuel percentage standards each November for the following year. Today’s action proposes the annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and renewable fuels that would apply to all motor vehicle gasoline and diesel produced or imported in the year 2014. For cellulosic biofuel, the statute specifies that EPA is to project the volume of production and must base the cellulosic biofuel standard on projected available volume if it is less than the applicable volume set forth in the Act. Today EPA is proposing a cellulosic biofuel volume for 2014 that is below the applicable volume specified in the Act. The statute also provides EPA the discretion to adjust the volumes of advanced biofuel and total renewable fuel under certain conditions. Relying on its Clean Air Act waiver authorities, EPA is proposing to adjust the applicable volumes of advanced biofuel and total renewable fuel to address projected availability of qualifying renewable fuels and limitations in the volume of ethanol that can be consumed in gasoline given practical constraints on the supply of higher ethanol blends to the vehicles that can use them and other limits on ethanol blend levels in gasoline. These adjustments are intended to put the program on a manageable trajectory while supporting growth in renewable fuels over time. Finally, the statute requires EPA to determine the applicable volume of biomass-based diesel to be used in setting annual percentage standards under the renewable fuel standard program for years after 2012. EPA is proposing the applicable volume of biomass-based diesel that would apply in 2014 and 2015. EPA is requesting comment on a variety of alternative approaches and on a range of inputs and methodologies relevant for setting the applicable standards. Comments must be received on or before January 28, 2014. (To submit comments, visit www.regulations.gov, reference docket number EPA–HQ–OAR–2013–0479.)

PROPOSED RULE: This document requests comments on a petition for rulemaking filed by the Navajo Nation to amend the FM Table of Allotments, Section 73.202(b) of the Commission’s Rules, by allotting FM Channel 268C2, Tohatchi, New Mexico, as a first local service under the Tribal Priority. A staff engineering analysis indicates that Channel 268C2 can be allotted to Tohatchi consistent with the minimum distance separation requirements of the Rules without the imposition of a site restriction. The reference coordinates are 35–54–37 NL and 108–46–26 WL. Comments must be filed on or before December 23, 2013, and reply comments on or before January 7, 2014. (Please submit written comments to: Secretary, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner as follows: Lauren Lynch Flick, Esq., Pillsbury, Winthrop, Shaw, & Pittman LLP, 2300 N Street NW., Washington, DC 20037.)

PROPOSED RULE: This document contains proposed regulations that provide guidance to tax-exempt social welfare organizations on political activities related to candidates that will not be considered to promote social welfare. These regulations will affect tax-exempt social welfare organizations and organizations seeking such status. This document requests comments from the public regarding these proposed regulations. This document also requests comments from the public regarding the standard under current regulations that considers a tax-exempt social welfare organization to be operated exclusively for the promotion of social welfare if it is ‘‘primarily’’ engaged in activities that promote the common good and general welfare of the people of the community, including how this standard should be measured and whether this standard should be changed. Written or electronic comments and requests for a public hearing must be received by February 27, 2014. (To submit comments, visit www.regulations.gov, reference docket number IRS REG–134417–13.)

TEMPORARY RULE: NMFS implements accountability measures (AMs) for the commercial sector for red porgy in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for red porgy, as estimated by the Science Research Director (SRD), are projected to reach the commercial annual catch limit (ACL) on December 2, 2013. Therefore, NMFS closes the commercial sector for red porgy in the South Atlantic EEZ on December 2, 2013, and it will remain closed through December 31, 2013. This closure is necessary to protect the red porgy resource. This rule is effective 12:01 a.m., local time, December 2, 2013, until 12:01 a.m., local time, January 1, 2014.

TEMPORARY RULE: NMFS implements accountability measures (AMs) for the commercial sector for vermilion snapper in the exclusive economic zone (EEZ) of he South Atlantic. Commercial landings for vermilion snapper, as estimated by the Science Research Director (SRD), are projected to reach the commercial annual catch limit (ACL) for the July 1 through December 31, 2013, fishing period on December 2, 2013. Therefore, NMFS closes the commercial sector for vermilion snapper in the South Atlantic EEZ on December 2, 2013, and it will remain closed until the start of the January 1 through June 30, 2014, fishing period. This closure is necessary to protect the vermilion snapper resource. This rule is effective 12:01 a.m., local time, December 2, 2013, until 12:01 a.m., local time, January 1, 2014.

PROPOSED RULE: Title I of the Patent Law Treaties Implementation Act of 2012 (‘‘PLTIA’’) amends the patent laws to implement the provisions of the 1999 Geneva Act of the Hague Agreement Concerning International Registration of Industrial Designs (‘‘Hague Agreement’’) and is to take effect on the entry into force of the Hague Agreement with respect to the United States. The Hague Agreement provides that an applicant is entitled to apply for design protection in Hague Agreement member countries and with intergovernmental organizations by filing a single, standardized international design application in a single language. The United States Patent and Trademark Office (USPTO or Office) proposes changes to the rules of practice to implement title I of the PLTIA. Written comments must be received on or before January 28, 2014. (Submit written comments via email to AC87.comments@uspto.gov. Electronic comments are preferred to be submitted in plain text, but also may be submitted in ADOBE® portable document format or MICROSOFT WORD® format. Comments not submitted electronically should be submitted on paper in a format that facilitates convenient digital scanning into ADOBE® portable document format.)

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