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Federal Register Highlights – 12/18/14

December 18, 2014

Unpublished, time-sensitive and proposed rules for December 18, 2014:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Jackson Street Drawbridge across the Red River, mile 88.6, at Alexandria, Louisiana. The deviation is necessary to allow the bridge owner to install four new pinion gears that are essential to the continued safe operation of the drawbridge. This deviation allows the bridge to remain in the closed-to-navigation position and not open to vessel traffic. This deviation is effective from 7 AM April 6, 2015 to 7 PM April 15, 2015. This deviation will be enforced from 7 AM April 6 to 7 PM April 8, 2015 and from 7 AM April 13 to 7 PM April 15, 2015.

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) (collectively, the agencies) are seeking comment on NPR that would clarify, correct, and update aspects of the agencies’ regulatory capital rules applicable to banking organizations that are subject to the advanced approaches risk-based capital rule (advanced approaches banking organizations). The proposed revisions are largely driven by observations made by the agencies during the parallel-run review process of advanced approaches banking organizations. They are intended to enhance consistency of the U.S. regulations with international standards for use of the advanced approaches rule. Comments must be received no later than February 17, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Environmental Protection Agency (EPA) is proposing national emission standards for hazardous air pollutants (NESHAP) for brick and structural Clay products Manufacturing and NESHAP for Clay ceramics Manufacturing. The EPA is proposing that all major sources in these categories meet maximum achievable control technology (MACT) standards for mercury, non-mercury metal hazardous air pollutants (HAP) (or particulate matter (PM) surrogate) and dioxins/furans (Clay Ceramics only); health-based standards for acid gas HAP; and work practice standards, where applicable. The proposed rule, which has been informed by input from industry and other stakeholders, including small businesses, would protect air quality and promote public health by reducing emissions of HAP listed in section 112 of the Clean Air Act (CAA). Comments must be received on or before February 17, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The FAA proposes to amend certain airworthiness regulations for transport category airplanes regarding lightning protection of fuel tanks and systems. This action would establish design requirements for both normal conditions and possible failures of fuel tank structure and systems that could lead to fuel tank explosions, add new maintenance requirements related to lightning protection features, and impose specific requirements for airworthiness limitations in the instructions for continued airworthiness. We would create performance-based standards for prevention of catastrophic fuel vapor ignition caused by lightning by regulating the risk due to both ignition sources and fuel tank flammability. This change would allow designers to take advantage of flammability reduction technologies whose effectiveness was not foreseen when earlier revisions to these rules were written. This change would also release some of the administrative burdens created by the current regulations. These proposed amendments are based on recommendations from the Large Airplane Fuel System Lightning Protection Aviation Rulemaking Committee (Lightning ARC). Send comments on or before March 18, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Board of Governors of the Federal Reserve System (Board) is inviting public comment on a framework to establish risk-based capital surcharges for the largest, most interconnected U.S.-based bank holding companies pursuant to section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Proposal is based upon the international standards adopted by the Basel Committee on Banking Supervision, modified to reflect systemic risk concerns specific to the funding structures of large U.S. bank holding companies. The proposed framework would require a U.S. top-tier bank holding company with $50 billion or more in total consolidated assets to calculate a measure of its systemic importance and would identify a subset of those companies as global systemically important bank holding companies based on that measure. A global systemically important bank holding company would be subject to a risk-based capital surcharge that would increase its capital conservation buffer under the Board’s regulatory capital rule. The proposed framework would be phased in beginning on January 1, 2016 through year-end 2018, becoming fully effective on January 1, 2019. The proposal would also revise the terminology used to identify the firms subject to the enhanced supplementary leverage ratio standards to ensure consistency of the scopes of application of both rulemakings. Comments must be received no later than March 2, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Food and Drug Administration (FDA or the Agency) is proposing to amend its prescription drug and biological product labeling regulations to require electronic distribution of the prescribing information intended for healthcare professionals, which is currently distributed in paper form on or within the package from which he prescription drug or biological product is dispensed. FDA is also proposing the prescribing information intended for healthcare professionals will no longer be permitted to be distributed in paper form with the package from which a prescription drug or biological product is dispensed, except as provided by this regulation. We are proposing these actions to help ensure that the most current prescribing information is publicly accessible for the safe and effective use of human prescription drugs. Submit either electronic or written comments on the proposed rule by March 18, 2015. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

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