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Federal Register Highlights – 1/27/14

January 27, 2014

Unpublished, time-sensitive and proposed rules for January 27, 2014:

PROPOSED RULE: The Office of the Comptroller of the Currency (OCC) is requesting comment on proposed guidelines, to be issued as an appendix to its safety and soundness standards regulations, establishing minimum standards for the design and implementation of a risk governance framework for large insured national banks, insured Federal savings associations, and insured Federal branches of foreign banks with average total consolidated assets of $50 billion or more and minimum standards for a board of directors in overseeing the framework’s design and implementation (Guidelines). The standards contained in the Guidelines would be enforceable by the terms of a Federal statute that authorizes the OCC to prescribe operational and managerial standards for national banks and Federal savings associations. In addition, as part of our ongoing efforts to integrate the regulations of the OCC and those of the Office of Thrift Supervision (OTS), the OCC is also requesting comment on its proposal to make its safety and soundness standards regulation applicable to both national banks and Federal savings associations and to remove the comparable Federal savings association regulations as unnecessary. Other technical changes to the safety and soundness standards regulation are also proposed. Comments must be submitted by March 28, 2014. (To submit comments, visit, reference docket number OCC–2014–0001.)

RULE: We are adopting a new airworthiness directive (AD) for certain Eurocopter Deutschland GmbH (Eurocopter) Model EC135P2+ and EC135T2+ helicopters. This AD requires inspecting the mechanical air conditioning system compressor bearing block upper bearing (upper bearing) for corrosion, leaking grease, condensation, or water. This AD was prompted by metallic debris from an upper bearing found in the air inlet areas of both engines in a Model EC135P2+ helicopter. The actions of this AD are intended to prevent metallic debris from damaging the engine, causing loss of engine power, and subsequent loss of helicopter control. This AD is effective March 3, 2014.

RULE: We are superseding Airworthiness Directives (ADs) AD 2000–17–05 and AD 2001–04–09 for all the Boeing Company Model 767 airplanes. AD 2000–17–05 required a functional check of the shear rivets in all six elevator power control actuator (PCA) bellcrank assemblies to determine the condition of the shear rivets; and replacement or rework of the bellcrank assemblies, if necessary. AD 2001–04–09 required repetitive testing of the elevator control system to determine if an elevator PCA is rigged incorrectly due to yielded or failed shear rivets in a bellcrank assembly for the elevator PCA, and follow-on actions if necessary. Since we issued ADs 2000–17–05 and 2001–04–09, a terminating modification has been designed. This new AD requires an inspection to determine the part numbers and condition of the bellcrank assemblies; modification or replacement of the PCA bellcrank assembly, if necessary; and a repetitive functional test and mis-rig check, and corrective actions if necessary. We are issuing this AD to prevent continued operation with yielded or failed shear rivets in the elevator PCA bellcrank assemblies, and to prevent certain failures or jams in the elevator system from causing a hardover of the elevator surface, resulting in a significant pitch upset and possible loss of control of the airplane. This AD is effective March 3, 2014.

PROPOSED RULE: This document contains proposed regulations relating to the requirement to maintain minimum essential coverage enacted by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, as amended by the TRICARE Affirmation Act and Public Law 111–173. These proposed regulations affect individual taxpayers who may be liable for the shared responsibility payment for not maintaining minimum essential coverage. This document also provides notice of a public hearing on these proposed regulations. Comments must be received by April 28, 2014. Outlines of topics to be discussed at the public hearing scheduled for May 21, 2014, at 10 a.m., must be received by April 28, 2014. (To submit comments, visit, reference docket number IRS REG–141036–13.)

TEMPORARY RULE: NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2014 Pacific cod total allowable catch apportioned to vessels using pot gear in the Western Regulatory Area of the GOA. Effective 1200 hours, Alaska local time (A.l.t.), January 22, 2014, through 1200 hours, A.l.t., June 10, 2014.

TEMPORARY RULE: NMFS is reallocating the projected unused amounts of the Aleut Corporation’s and the Community Development Quota pollock directed fishing allowances from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2014 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. Effective 1200 hrs, Alaska local time (A.l.t.), January 27, 2014, until the effective date of the final 2014 and 2015 harvest specifications for Bering Sea and Aleutian Islands (BSAI) groundfish, unless otherwise modified or superseded through publication of a notification in the Federal Register.

PROPOSED RULE: In response to a petition submitted by the People for the Ethical Treatment of Animals Foundation to include the killer whale ‘‘Lolita’’ as a protected member of the endangered Southern Resident killer whale Distinct Population Segment (DPS), we, the National Marine Fisheries Service (NMFS), have completed a status review and propose to amend the regulatory language of the Endangered Species Act (ESA) listing of the DPS by removing the exclusion for captive members of the population. The current regulatory language excluded Lolita, the sole member of the Southern Resident killer whale DPS held in captivity, from the endangered listing. With removal of the exclusion, Lolita, a female killer whale captured from the Southern Resident population in 1970 who resides at the Miami Seaquarium in Miami, Florida, would be included in the Southern Resident killer whale DPS. The Southern Resident killer whale DPS was listed as endangered under the ESA in 2005. We accepted the petition to include Lolita in the Southern Resident killer whale DPS on April 29, 2013, initiating a public comment period and a status review. Based on our review of the petition, public comments, and the best available scientific information, we find that amending the regulatory language to remove the exclusion for captive whales from the Southern Resident Killer whale DPS is warranted. We are soliciting scientific and commercial information pertaining to the proposed rule. Scientific and commercial information pertinent to the proposed action and comments must be received by March 28, 2014. (To submit comments, visit, reference docket number NOAA–NMFS–2013–0056.)


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