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Federal Register Highlights – 9/14/15

September 14, 2015

Unpublished, time-sensitive and proposed rules for September 14, 2015:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Saugus RR Bridge, across the Saugus River, mile 2.1, at Saugus, Massachusetts. This deviation is necessary to facilitate essential maintenance repairs. This deviation allows the bridge to remain in the closed position during the maintenance repairs. This deviation is effective from 12:01 a.m. on September 19, 2015 to 11:59 p.m. on September 20, 2015.

PROPOSED RULE: The U.S. Army Corps of Engineers (Corps) is proposing to amend its regulations by revising an existing restricted area regulation and establishing a new restricted area along portions of the Tyndall Air Force Base (AFB) facility shoreline that will be activated on a temporary basis. The duration of temporary restricted area activations will be limited to those periods where it is warranted or required by specific and credible security threats and will be inactive at all other times. The restricted area will be partitioned using 23 pairs of coordinates to facilitate quick geographic recognition. Tyndall AFB is surrounded on three sides by water with approximately 129 miles of unprotected coastline. This includes several areas where the lack of security or lack of restriction on access to these areas leaves Tyndall AFB personnel and resources vulnerable to unauthorized activities. This amendment is necessary to implement an enhanced threat security plan for Tyndall AFB which will allow temporary activation of one or more portions of the restricted area as necessary to provide the appropriate level of security required to address the specific and credible threat triggering the need for activation. This proposal is an amended version of the proposal published in the Federal Register on May 9, 2013 (78 FR 27126). Written comments must be submitted on or before October 14, 2015. (To submit comments, visit, reference docket number COE-2013-0003.)

PROPOSED RULE: The Environmental Protection Agency (EPA) proposes to revise the current federal Clean Water Act (CWA) human health criteria applicable to waters under the state of Washington’s jurisdiction to ensure that the criteria are set at levels that will adequately protect Washington residents, including tribes with treaty-protected rights, from exposure to toxic pollutants. EPA promulgated Washington’s existing criteria for the protection of human health in 1992 as part of the National Toxics Rule (NTR), (amended in 1999 for Polychlorinated Biphenyls (PCBs)) using the Agency’s recommended criteria values at the time. EPA derived those criteria using a fish consumption rate (FCR) of 6.5 grams per day (g/day) based on national surveys. However, the best available data now demonstrate that fish consumers in Washington, including tribes with treaty-protected rights, consume much more fish than 6.5 g/day. There are also new data and scientific information available to update the toxicity and exposure parameters used to calculate human health criteria. Therefore, EPA proposes to revise the federal human health criteria applicable to waters under Washington’s jurisdiction to take into account the best available science, including local and regional information, as well as applicable EPA policies, guidance, and legal requirements, to protect human health. Comments must be received on or before November 13, 2015. (To submit comments, visit, reference docket number EPA-HQ-OW-2015-0174.)

PROPOSED RULE: Pursuant to section 763(i) of Title VII (“Title VII”) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”), the Securities and Exchange Commission (“Commission”) is proposing amendments to rule 13n–4 under the Securities Exchange Act of 1934 (“Exchange Act”) related to regulatory access to security-based swap data held by security-based swap data repositories. The proposed rule amendments would implement the conditional Exchange Act requirement that security-based swap data repositories make data available to certain regulators and other authorities, and would set forth a conditional exemption from the statutory indemnification requirement associated with that regulatory access provision. Submit comments on or before October 29, 2015. (To submit comments, visit, reference RIN 3235-AL74.)

PROPOSED RULE: We are soliciting public input about how we should consider the vocational factors of age, education, and work experience in adult disability claims under titles II and XVI of the Social Security Act (Act). There have been significant changes in technology use and workforce demographics since we first adopted our vocational factor regulations in 1978. We are requesting public comments, along with any supporting data, to assist in our efforts to streamline, simplify, and ensure the ongoing relevance of our disability determination programs. To be sure that we consider your comments, we must receive them no later than November 13, 2015. (To submit comments, visit, reference docket number SSA-2014-0081.)


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