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Federal Register Highlights – 2/27/14

February 27, 2014

Unpublished, time-sensitive and proposed rules for February 27, 2014:

PROPOSED RULE: This rule proposes revisions to the Department of Commerce’s (Department) regulations under the Freedom of Information Act (FOIA) and Privacy Act. The FOIA regulations are being revised to clarify, update and streamline the language of several procedural provisions, including methods for submitting FOIA requests and appeals and the time limits for filing an administrative appeal, and to incorporate certain of the changes brought about by the amendments to the FOIA under the OPEN Government Act of 2007. Additionally, the FOIA regulations are being updated to reflect developments in the case law. The Privacy regulations are being revised to clarify, update and streamline several procedural provisions, including the methods for submitting appeals of Privacy Act requests and the time limits for filing a Privacy Act appeal. Additionally, the Privacy Act regulations are being updated to make technical changes to the applicable exemptions. Written comments must be postmarked and electronic comments must be submitted on or before March 31, 2014. (To submit comments, visit, reference RIN 0605–AA33.)

PROPOSED RULE: The Office of the Secretary of Defense (OSD) is amending its regulations to exempt portions of a new system of records from certain provisions of the Privacy Act. Specifically, the Department proposes to exempt portions of DMDC 16 DoD, entitled ‘‘Interoperability Layer Service (IoLS)’’ from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. In 2008, the U.S. Congress passed legislation that obligated the Secretary of Defense to develop access standards for visitors applicable to all military installations in the U.S. The Department of Defense (DoD) developed a visitor system to manage multiple databases that are capable of identifying individuals seeking access to DoD installations who may be criminal and/or security threats. The purpose of the vetting system is to screen individuals wishing to enter a DoD facility, to
include those who have been previously given authority to access DoD installations, against the FBI National Crime Information Center (NCIC) Wanted Person File. The NCIC has a properly documented exemption rule and to the extent that portions of these exempt records may become part of IoLS, OSD hereby claims the same exemptions for the records as claimed at their source (JUSTICE/FBI–001, National Crime Information Center (NCIC)). Comments must be received on or before April 28, 2014 to be considered by this agency. (To submit comments, visit, reference docket number DOD–2014–OS–0024.)

PROPOSED RULE: The Drug Enforcement Administration (DEA) proposes to reschedule hydrocodone combination products from schedule III to schedule II of the Controlled Substances Act. This proposed action is based on a rescheduling recommendation from the Assistant Secretary for Health of the Department of Health and Human Services and an evaluation of all other relevant data by the DEA. If finalized, this action would impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule II controlled substances on persons who handle (manufacture, distribute, dispense, import, export, engage in research, conduct instructional activities, or possess) or propose to handle hydrocodone combination products. Interested persons may file written comments on this proposal pursuant to 21 CFR 1308.43(g). Electronic comments must be submitted, and written comments must be postmarked, on or before April 28, 2014. (To submit comments, visit, reference docket number DEA–389.)

RULE: We are adopting a new airworthiness directive (AD) for certain Saab AB, Saab Aerosystems Model 340A (SAAB/SF340A) and SAAB 340B airplanes modified by Supplemental Type Certificate SA7971SW. This AD was prompted by reports of smoke, a burning odor, and possible fire in the flight deck and cabin of the airplane, which was caused by brushes wearing beyond their limits in the air conditioning motor. This AD requires an inspection to determine if a certain air compressor motor is installed, an inspection to determine the age of a certain compressor hour meter since new or overhauled, and repetitive replacement of the brushes on affected air conditioning compressor motor units. As an option to the replacement, this AD allows pulling the air conditioning circuit breaker and adding a placard. We are issuing this AD to detect and correct worn brushes contacting the commutator, which could result in a fire under the cabin floor with no means to detect or extinguish the fire. This AD is effective April 3, 2014.

PROPOSED RULE: The FAA is proposing changes to its certification procedures and identification requirements for aeronautical products and articles. The proposed changes would: require production approval holders to identify an accountable manager who would be responsible for, and have authority over, their production operations and serve as the primary contact with the FAA; allow production approval holders to issue authorized release documents for aircraft engines, propellers, and articles; permit production certificate holders to manufacture and install interface components; require production approval holders to ensure that each supplier-provided product, article, or service conforms to the production approval holder’s requirements and establish a supplier-reporting process for products, articles, or services that have been released from or provided by the supplier and subsequently found not to conform to the production approval holder’s requirements; and remove the requirement that fixed-pitch wooden propellers be marked using an approved fireproof method. This proposal is necessary to update our regulations by revising certification and marking requirements to reflect the current global aeronautical manufacturing environment, thereby promoting aviation safety. Send comments on or before May 28, 2014. (To submit comments, visit, reference RIN 2120–AK20.)

PROPOSED RULE: This proposed rule would revise the regulations governing the format used for conducting the required environmental reviews for HUD program and policy actions. HUD’s current regulations require that HUD staff document part 50 environmental review compliance using form HUD–4128. Recipients receiving HUD assistance and other entities responsible for conducting part 58 environmental reviews (‘‘responsible entities’’) are currently allowed to use either HUD-recommended formats or develop equivalent formats for documenting environmental review compliance. The reference to a specific form number in part 50 restricts HUD’s ability to adopt alternative form designations and forms, while authorizing the use of alternate forms in part 58 makes it difficult for HUD to assess, compare, and collect data on responsible entities’ environmental review records. Despite being applicable to different parties, environmental review responsibilities under parts 50 and 58 are substantively similar. In light of that, the proposed rule would give the Departmental Environmental Clearance Officer (DECO) the authority to create one standardized format for use in both part 50 and part 58 reviews and authorize exceptions, thereby eliminating unnecessary distinctions between reviews completed by HUD employees and responsible entities. This proposed rule would also make a technical amendment to part 58 by making the regulations consistent with the ‘‘Environmental Assessment’’ definition provided in the Council on Environmental Quality (CEQ) regulations implementing the National Environmental Policy Act (42 U.S.C. 4321 et seq.) (NEPA). Comment Due Date: April 28, 2014. (To submit comments, visit, reference RIN 2506–AC34.)

PROPOSED RULE: The NCUA Board (Board) is proposing to amend NCUA’s regulations regarding prompt corrective action (PCA) to restructure the part, and make various revisions, including replacing the agency’s current risk-based net worth requirements with new risk-based capital requirements for federally insured ‘‘natural person’’ credit unions. The proposed risk-based capital requirements would be more consistent with NCUA’s risk-based capital measure for corporate credit unions and the regulatory risk-based capital measures used by the Federal Deposit Insurance Corporation, Board of Governors of the Federal Reserve, and Office of the Comptroller of Currency (Other Federal Banking Regulatory Agencies). In addition, the proposed revisions would revise the risk-weights for many of NCUA’s current asset classifications; require higher minimum levels of capital for federally insured natural person credit unions with concentrations of assets in real estate loans, member business loans (MBLs) or higher levels of delinquent loans; and set forth the process for NCUA to require an individual federally insured natural person credit union to hold higher levels of risk-based capital to address unique supervisory concerns raised by NCUA. The proposed revisions would also eliminate several of NCUA’s provisions, including provisions relating to regular reserve accounts, risk-mitigation credits, and alternative risk-weights. Comments must be received on or before May 28, 2014. (To submit comments, visit, reference RIN 3133–AD77.)



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