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Federal Register Highlights – 9/17/14

September 17, 2014

Unpublished, time-sensitive and proposed rules for September 17, 2014:

PROPOSED RULE: On May 9, 2013 the U.S. Copyright Office issued a notice of proposed rulemaking and request for comments concerning a new regulation that will allow copyright owners to audit the statements of account and royalty fees that cable operators and satellite carriers deposit with the Office for secondary transmissions of broadcast programming made pursuant to statutory licenses. The Office has revised the proposed regulation to address certain logistical concerns and based on further input that it has received from copyright owners, cable operators, satellite carriers, and accounting professionals. The Office seeks comments on the revised proposal before it is adopted as a final rule. Comments must be made in writing and must be received in the U.S. Copyright Office no later than October 17, 2014. (The U.S. Copyright Office strongly prefers that comments be submitted electronically. A comment page containing a comment submission form is posted on the Office’s Web site at The Web site interface requires submitters to complete a form specifying a name and organization, as applicable, and to upload comments as an attachment. To meet accessibility standards, all comments must be uploaded in a single file in either Portable Document Format (PDF) that contains searchable, accessible text (not an image); Word format (DOC or DOCX); WordPerfect format (WPD); Rich Text Format (RTF); or ASCII text file (not a scanned document). The maximum file size for comments is six megabytes (MB). The name of the commenter and organization should appear on both the form and on the comment itself. All comments will be posted publicly on the Office’s Web site exactly as they are received, along with names and organizations. If electronic submission of comments is not feasible, please contact the Office at 202–707–8350 for special instructions.)

PROPOSED RULE: This rule establishes policy, assigns responsibilities, and prescribes procedures for DoD assistance to non- Government entertainment media productions such as feature motion pictures, episodic television programs, documentaries, and computer-based games. This rule provides for oversight of production assistance decisions at centralized and senior levels of DoD to ensure consistency of approach among DoD and Service components with respect to support for entertainment media productions, including documentaries. Comments must be received by November 17, 2014. (To submit comments, visit, reference docket number DOD–2012–OS–0075. Commenting page was not available at the time of this posting.)

PROPOSED RULE: This rule proposes to amend 8 CFR parts 1003, 1240, and 1241 by changing the name of the ‘‘List of Free Legal Services Providers’’ to the ‘‘List of Pro Bono Legal Service Providers.’’ The rule also would enhance the eligibility requirements for organizations, private attorneys, and referral services to be included on the List of Pro Bono Legal Service Providers (List). Electronic comments must be submitted and written comments must be postmarked on or before November 17, 2014. (To submit comments, visit, reference RIN 1125–AA62. Commenting page was not available at the time of this posting.)

PROPOSED RULE: This document proposes to amend the Executive Office for Immigration Review (EOIR) regulations relating to the representation of aliens in custody and bond proceedings. Specifically, this rulemaking proposes to allow a representative before EOIR to enter an appearance in custody and bond proceedings without such appearance constituting an entry of appearance for all of the alien’s proceedings before the Immigration Court. Written comments must be submitted on or before November 17, 2014. (To submit comments, visit, reference RIN 1125–AA78. Commenting page was not available at the time of this posting.)

RULE: We are superseding an airworthiness directive (AD) 2013–22–20 for Embraer S.A. Model EMB–505 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracks beyond acceptable limits in the carbon discs of the left hand (LH) and right hand (RH) brake assemblies. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective October 22, 2014.

PROPOSED RULE: The Office of Federal Contract Compliance Programs (OFCCP) proposes amending the regulations implementing Executive Order 11246 that set forth the basic equal employment opportunity requirements that apply to Federal contractors and subcontractors. This Notice of Proposed Rulemaking (NPRM) proposes including definitions for key words or terms used in Executive Order 13665. The NPRM also proposes amending the mandatory equal opportunity clauses that are included in Federal contracts and subcontracts and federally assisted construction contracts. The NPRM would delete the outdated reference to the ‘‘Deputy Assistant Secretary’’ and replace it with the ‘‘Director of OFCCP.’’ The NPRM also proposes to change the title of a section regarding the inclusion of the equal opportunity clause by reference and making conforming changes in the text. In addition, the NPRM would establish contractor defenses to allegations of violations of the nondiscrimination provision. The proposed rule also adds a section requiring Federal contractors to notify employees and job applicants of the nondiscrimination protection created by Executive Order 13665 using existing methods of communicating to applicants and employees. To be assured of consideration, comments must be received on or before December 16, 2014. (To submit comments, visit, reference RIN 1250–AA06 . Commenting page was not available at the time of this posting.)

TEMPORARY RULE: NMFS implements accountability measures (AMs) for the recreational porgy complex in the exclusive economic zone (EEZ) of the South Atlantic. In the South Atlantic, the porgy complex includes jolthead porgy, knobbed porgy, whitebone porgy, scup, and saucereye porgy. Because recreational landings for the porgy complex in the 2013 fishing year exceeded the recreational annual catch limit (ACL) for the complex NMFS monitored recreational landings in 2014 for a persistence in increased landings. Through this temporary rule NMFS now closes the recreational sector for the porgy complex in the South Atlantic EEZ on September 17, 2014, as the recreational ACL has been projected to have been met for the 2014 fishing year. This closure is necessary to protect the porgy complex resource. This rule is effective 12:01 a.m., local time, September 17, 2014, until 12:01 a.m., local time, January 1, 2015.



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