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Federal Register Highlights – 8/4/14

August 4, 2014

Unpublished, time-sensitive and proposed rules for August 4, 2014:

TEMPORARY RULE: The Coast Guard will enforce one special local regulation for a regatta in the Sector Long Island Sound area of responsibility on October 5, 2014. This action is necessary to provide for the safety of life on navigable waterways during the event. During the enforcement period, no person or vessel may enter the regulated area without permission of the Captain of the Port (COTP) Sector Long Island Sound or designated representative. The regulations for the marine event listed in the Table to 33 CFR 100.100(1.4) will be enforced on October 5, 2014 from 5:30 a.m. through 5:30 p.m.

TEMPORARY RULE: The Coast Guard will enforce the San Diego Bayfair special local regulations on Friday, September 12, 2014 through Sunday, September 14, 2014. This recurring marine event occurs on the navigable waters of Mission Bay in San Diego, California. This action is necessary to provide for the safety of the high speed boat race participants, crew, spectators, safety vessels, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative. This rule is effective from 7:00 a.m. to 6:00 p.m. on Friday, September 12, 2014 through Sunday, September 14, 2014.

RULE: We are adopting a new airworthiness directive (AD) for the Sikorsky Aircraft Corporation (Sikorsky) Model S–92A helicopter. This AD requires revising the Rotorcraft Flight Manual (RFM) to include the appropriate operating limitations for performing Class D external load-combination operations. This AD was prompted by an inaccurate RFM provision, which was approved without appropriate limitations for this model helicopter for carrying Class D external rotorcraft-load combinations, including human external cargo (HEC). The actions are intended to require appropriate operating limitations to allow operators to perform Class D external load-combination operations, including HEC, in this model helicopter that now meets the Category A performance standard. This AD is effective September 8, 2014.

PROPOSED RULE: The CMAQ program provides funding to State and local governments for transportation projects and programs to help meet the requirements of the Clean Air Act (CAA). Funding is available to reduce congestion and improve air quality for areas that do not meet the National Ambient Air Quality Standards (NAAQS) for ozone, carbon monoxide (CO), or particulate matter (nonattainment areas) and for areas that were out of compliance but have now met the standards (maintenance areas). The Moving Ahead for Progress in the 21st Century Act (MAP–21) requires priority use of CMAQ funds in areas that are designated nonattainment or maintenance for fine particulate matter (PM2.5) NAAQS under the CAA. Specifically, an amount equal to 25 percent of the CMAQ funds apportioned to each State for a nonattainment or maintenance area that is based all or in part on the weighted population of the PM2.5 nonattainment area shall be obligated to projects that reduce PM2.5 emissions in such area. These projects include diesel retrofits for on-road and some off-road applications, as well as for diesel equipment operated on a highway construction project within PM2.5 nonattainment and maintenance areas. Although the MAP–21 language for the CMAQ funds that must be obligated for PM2.5 projects (referred to in this NPRM as a ‘‘set-aside’’) instructs that the set-aside be calculated based on ‘‘weighted population’’ for PM2.5, the statute does not specify the values to be applied to determine the weighted population. In this proposed rule, FHWA is requesting comments on a proposed weighting factor of 5, to be used in determining the weighted population of a PM2.5 nonattainment area. Comments must be received on or before October 3, 2014. (To submit comments, visit Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Financial Crimes Enforcement Network (FinCEN), after consulting with staff from various federal supervisory authorities, is proposing rules under the Bank Secrecy Act to clarify and strengthen customer due diligence requirements for: Banks; brokers or dealers in securities; mutual funds; and futures commission merchants and introducing brokers in commodities. The proposed rules would contain explicit customer due diligence requirements and would include a new regulatory requirement to identify beneficial owners of legal entity customers, subject to certain exemptions. Written comments on the Notice of Proposed Rulemaking (NPRM) must be received on or before October 3, 2014. (To submit comments, visit Click here to be taken directly to the commenting page.)



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