August 17, 2015 – Federal Register Recent Federal Regulation Documents

Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research; Correction
Document Number: 2015-20302
Type: Proposed Rule
Date: 2015-08-17
Agency: Cooperative State Research, Education, and Extension Service, Economic Research Service
This document contains corrections to the preamble to the proposed rule published on August 6, 2015, that would establish a framework for authorizing the take of marine mammals incidental to the NEFSC's fisheries research activities in the Atlantic coast region for a five-year period, 2015-2020. This action is necessary to correct typographical errors in the annual estimates presented for Level B harassment of northern bottlenose whales (Hyperoodon ampullatus) from 10 to 12. This change accounts for the annual estimate of level B harassment for this species in both inshore (10 individuals) and offshore waters (2 individuals) in the Atlantic coast region. The Federal Register proposed rule published on July 9, 2015, indicated that written comments were due by August 10, 2015, which allowed 30 calendar days for public input. On August 6, 2015, NMFS published a correction and extended the public comment period to August 17, 2015. NMFS has decided to extend the public comment period by an additional 30 calendar days for public input.
Modification of Restricted Areas R-3804A, R-3804B, and R-3804C; Fort Polk, LA
Document Number: 2015-20286
Type: Rule
Date: 2015-08-17
Agency: Historic Preservation, Advisory Council, African Development Foundation
This action expands the lateral boundary of restricted area R- 3804B, Fort Polk, LA, and raises the restricted area ceiling to, but not including 10,000 feet mean sea level (MSL). The expanded restricted area airspace will contain new live fire ranges to support mission requirements of the U.S. Army in order to fully exploit the capabilities of modern weapons systems and complex training scenarios that replicate conditions encountered during military deployments today. This action also amends time of designation for R-3804A and R- 3804B to better reflect when the restricted areas are in use by the U.S. Army and when the airspace is available to nonparticipants. Lastly, this action makes administrative editorial corrections to the R-3804A, R-3804B, and R-3804C legal descriptions.
Proposed Redesignation and Expansion of Restricted Area R-4403; Gainesville, MS
Document Number: 2015-20277
Type: Proposed Rule
Date: 2015-08-17
Agency: Historic Preservation, Advisory Council, African Development Foundation
This SNPRM amends the notice of proposed rulemaking (NPRM) published in the Federal Register on July 10, 2014, proposing to redesignate and expand restricted area R-4403, Gainesville, MS, by changing the parameters of some restricted area subareas. The changes would include expanding the time of designation, modifying some restricted area lateral and vertical boundaries, and eliminating the proposed air-to-ground munitions delivery in some parts of the restricted area complex.
Default Investment Fund Errors
Document Number: 2015-20273
Type: Proposed Rule
Date: 2015-08-17
Agency: Federal Bureau of Investigation
The Federal Retirement Thrift Investment Board (Agency) proposes to amend its regulations to codify procedures for correcting certain default investment fund errors.
Program Fraud Civil Remedies
Document Number: 2015-20263
Type: Rule
Date: 2015-08-17
Agency: Corporation for National and Community Service
The Department of State is updating its regulations regarding its implementation of the Program Fraud Civil Remedies Act of 1986, to remove a conflict between the ``reviewing official'' and the ``authority head'' as defined by the implementing regulations.
Abnormal Occurrence Reports
Document Number: 2015-20260
Type: Proposed Rule
Date: 2015-08-17
Agency: Joint Board for Enrollment of Actuaries
The U.S. Nuclear Regulatory Commission (NRC) is proposing revisions to its policy statement on reporting abnormal occurrences (AO) to Congress. The proposed revisions would clarify and restructure the criteria used by the NRC and Agreement States for determining whether to consider an incident or event as an AO. The proposed revisions to the policy statement would ensure consistency with current NRC guidance and regulations. The NRC is requesting public comments on the proposed revision to the policy statement at this time.
Lavandulyl Senecioate; Exemption From the Requirement of a Tolerance
Document Number: 2015-20257
Type: Rule
Date: 2015-08-17
Agency: Department of Agriculture
This regulation establishes an exemption from the requirement of a tolerance for residues of the arthropod pheromone, lavandulyl senecioate, in or on all raw agricultural commodities when applied or used in microbeads/dispensers at a rate not to exceed 150 grams active ingredient/acre/year in accordance with good agricultural practices. Suterra, LLC submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of lavandulyl senecioate.
Safety Zone; U.S. Army Exercise, Des Plaines River, Channahon, IL
Document Number: 2015-20251
Type: Rule
Date: 2015-08-17
Agency: Agency for Toxic Substances and Disease Registry, Agricultural Marketing Service
The Coast Guard is establishing a temporary safety zone on the Des Plaines River between mile marker 277.8 and mile marker 279.2, Channahon, IL. This safety zone is intended to restrict vessels from a portion of the Des Plaines River from August 18, 2015 to August 19, 2015, with a rain date of August 20, 2015. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with low flying aircraft and bridging operations spanning the width of the river for a U.S. Army exercise.
Relaxation of the Federal Reid Vapor Pressure Gasoline Volatility Standard for Mecklenburg and Gaston Counties, North Carolina
Document Number: 2015-20245
Type: Proposed Rule
Date: 2015-08-17
Agency: Department of Agriculture
The Environmental Protection Agency (EPA) is proposing to approve a request from the state of North Carolina for the EPA to relax the Reid Vapor Pressure (RVP) standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year for Mecklenburg and Gaston counties, North Carolina. Specifically, the EPA is proposing to amend the regulations to allow the RVP standard for Mecklenburg and Gaston counties to rise from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline. The EPA has preliminarily determined that this change to the federal RVP regulation is consistent with the applicable provisions of the Clean Air Act (CAA).
Approval of North Carolina's Request To Relax the Federal Reid Vapor Pressure Gasoline Volatility Standard for Mecklenburg and Gaston Counties
Document Number: 2015-20243
Type: Rule
Date: 2015-08-17
Agency: Department of Agriculture
The Environmental Protection Agency (EPA) is taking direct final action to approve a request from the state of North Carolina for the EPA to relax the Reid Vapor Pressure (RVP) standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year for Mecklenburg and Gaston counties. Specifically, the EPA is approving amendments to the regulations to allow the RVP standard for the two counties to rise from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline. The EPA has determined that this change to the federal RVP regulation is consistent with the applicable provisions of the Clean Air Act (CAA). This action is being taken without prior proposal because the EPA believes that this rulemaking is noncontroversial for the reasons set forth in this preamble, and due to the limited scope of this action.
Withdrawal of Approval and Disapproval of Air Quality Implementation Plans; California; San Joaquin Valley; Contingency Measures for the 1997 PM2.5
Document Number: 2015-20240
Type: Proposed Rule
Date: 2015-08-17
Agency: Department of Agriculture
EPA is proposing to withdraw a May 22, 2014 final action approving a state implementation plan (SIP) revision submitted by the State of California under the Clean Air Act (CAA) to address contingency measure requirements for the 1997 annual and 24-hour national ambient air quality standards (NAAQS) in the San Joaquin Valley. Simultaneously, EPA is proposing to disapprove this SIP submission. These proposed actions are in response to a decision issued by the U.S. Court of Appeals for the Ninth Circuit (Committee for a Better Arvin v. EPA, 786 F.3d 1169 (9th Cir. 2015)) remanding EPA's approval of a related SIP submission and rejecting EPA's rationale for approving plan submissions that rely on California mobile source control measures to meet SIP requirements such as contingency measures, which was a necessary basis for the May 22, 2014 final rule.
Solicitation of Federal Civilian and Uniformed Service Personnel for Contributions to Private Voluntary Organizations; Delay of Effective Date and Addition of Comment Period
Document Number: 2015-20238
Type: Proposed Rule
Date: 2015-08-17
Agency: Consumer Product Safety Commission
The U.S. Office of Personnel Management (OPM) is issuing a proposed rule to delay the effective date that appeared in the final rule published in the Federal Register on April 17, 2014 titled ``Solicitation of Federal Civilian and Uniformed Service Personnel for Contributions to Private Voluntary Organizations'' to January 1, 2017. OPM is requesting comments on the proposed rule.
Periodic Reporting
Document Number: 2015-20233
Type: Proposed Rule
Date: 2015-08-17
Agency: Coordinating Council on Juvenile Justice and Delinquency Prevention
The Commission is noticing a recent Postal Service filing requesting that the Commission initiate an informal rulemaking proceeding to consider changes to analytical principles relating to periodic reports (Proposal Nine). This notice informs the public of the filing, invites public comment, and takes other administrative steps.
Periodic Reporting
Document Number: 2015-20232
Type: Proposed Rule
Date: 2015-08-17
Agency: Coordinating Council on Juvenile Justice and Delinquency Prevention
The Commission is noticing a recent Postal Service filing requesting that the Commission initiate an informal rulemaking proceeding to consider changes to analytical principles relating to periodic reports (Proposal Seven). This notice informs the public of the filing, invites public comment, and takes other administrative steps.
Revision of Freedom of Information Act Regulation
Document Number: 2015-20226
Type: Rule
Date: 2015-08-17
Agency: Committee for Purchase From People Who Are Blind or Severely Disabled
This final rule amends HUD's regulations implementing the Freedom of Information Act (FOIA) to update and streamline HUD's current FOIA regulation. Specifically, it updates HUD's regulations to reflect statutory changes to the FOIA, current HUD organizational structure, and current HUD policies and practices with respect to the FOIA. In addition, the rule uses current cost figures in calculating and charging fees. This final rule also incorporates changes made upon further evaluation of HUD's FOIA Regulation and in response to public comments received.
Fisheries of the Northeastern United States; Small-Mesh Multispecies Fishery; Adjustment to the Northern Red Hake Inseason Possession Limit
Document Number: 2015-20221
Type: Rule
Date: 2015-08-17
Agency: Cooperative State Research, Education, and Extension Service, Economic Research Service
We announce the reduction of the commercial possession limit for northern red hake for the remainder of the 2015 fishing year. This action is required to prevent the northern red hake total allowable landing limit from being exceeded. This announcement informs the public that the northern red hake possession limit is reduced.
Animals on VA Property
Document Number: 2015-20182
Type: Rule
Date: 2015-08-17
Agency: Southwestern Power Administration
The Department of Veterans Affairs (VA) amends its regulation concerning the presence of animals on VA property. This final rule expands the current VA regulation to authorize the presence of service animals consistent with applicable Federal law when these animals accompany individuals with disabilities seeking admittance to property owned or operated by VA.
Medical Devices; Neurological Devices; Classification of the Computerized Cognitive Assessment Aid
Document Number: 2015-20177
Type: Rule
Date: 2015-08-17
Agency: Energy Policy and New Uses Office, Agriculture Department, Alcohol, Tobacco, Firearms, and Explosives Bureau
The Food and Drug Administration (FDA) is classifying the computerized cognitive assessment aid into class II (special controls). The special controls that will apply to the device are identified in this order, and will be part of the codified language for the computerized cognitive assessment aid's classification. The Agency is classifying the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device.
Freedom of Information Act, Privacy Act, and Government in the Sunshine Act Procedures
Document Number: 2015-20140
Type: Rule
Date: 2015-08-17
Agency: International Trade Commission
The National Council on Disability is finalizing regulations which implement the Freedom of Information Act, the Privacy Act of 1974, and the Government in the Sunshine Act. This rule describes the procedures for members of the public to request access to records. In addition, this document also describes procedures for the Council's responses to these requests, including the timeframe for response and applicable fees. These rules should be read in conjunction with the text of the Freedom of Information Act, the Privacy Act of 1974, the Government in the Sunshine Act, and the Uniform Freedom of Information Fee Schedule and Guidelines published by the Office of Management and Budget.
Safety Zone, James River; Newport News, VA
Document Number: 2015-20115
Type: Rule
Date: 2015-08-17
Agency: Agency for Toxic Substances and Disease Registry, Agricultural Marketing Service
The Coast Guard is establishing a safety zone on the navigable waters of the James River, in the vicinity of the James River Reserve Fleet, in support of United States Navy explosives training on the M/V SS DEL MONTE. This safety zone will restrict vessel movement in the specified area during the explosives training. This action is necessary to provide for the safety of life and property on the surrounding navigable waters during the United States Navy explosives training.
Determination of Attainment; Texas; Houston-Galveston-Brazoria 1997 Ozone Nonattainment Area; Determination of Attainment of the 1997 Ozone Standard
Document Number: 2015-20026
Type: Proposed Rule
Date: 2015-08-17
Agency: Department of Agriculture
The Environmental Protection Agency (EPA) is proposing to determine that the Houston-Galveston-Brazoria (HGB) 8-hour ozone nonattainment area is currently attaining the 1997 ozone National Ambient Air Quality Standard (NAAQS). This determination is based upon certified ambient air monitoring data that show the area has monitored attainment of the 1997 ozone NAAQS for the 2012-2014 monitoring period and continues to monitor attainment of the NAAQS based on preliminary 2015 data. If this proposed determination is made final, the requirements for this area to submit an attainment demonstration, a reasonable further progress (RFP) plan, contingency measures, and other State Implementation Plan (SIP) documents related to attainment of the 1997 ozone NAAQS shall be suspended for so long as the area continues to attain the 1997 ozone NAAQS. This proposed action is consistent with EPA's interpretation of certain requirements of part D of title I of the Clean Air Act (CAA or Act).
Compliance Bulletin-Amendment to the Interstate Land Sales Full Disclosure Act
Document Number: 2015-19998
Type: Rule
Date: 2015-08-17
Agency: Federal Accounting Standards Advisory Board
The Bureau of Consumer Financial Protection is issuing a compliance bulletin titled ``Amendment to the Interstate Land Sales Full Disclosure Act'' to provide information to developers and other interested parties relating to a recent Congressional amendment to the Interstate Land Sales Full Disclosure Act.
Airworthiness Directives; REIMS AVIATION S.A. Airplanes
Document Number: 2015-19901
Type: Rule
Date: 2015-08-17
Agency: Historic Preservation, Advisory Council, African Development Foundation
We are adopting a new airworthiness directive (AD) for REIMS AVIATION S.A. Model F406 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as detachment of the pilot's rudder control pedal in flight. We are issuing this AD to require actions to address the unsafe condition on these products.
Airworthiness Directives; British Aerospace Regional Aircraft Airplanes
Document Number: 2015-19778
Type: Rule
Date: 2015-08-17
Agency: Historic Preservation, Advisory Council, African Development Foundation
We are adopting a new airworthiness directive (AD) for British Aerospace Regional Aircraft Model Jetstream Model 3201 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 the in-service special detailed inspection technique required for the Jetstream 3200's life extension program was delayed; consequently, the in-service special detailed inspection technique is not formally part of the life extension program and may therefore not be accomplished as intended. We are issuing this AD to require actions to address the unsafe condition on these products.
Airworthiness Directives; British Aerospace Regional Aircraft Airplanes
Document Number: 2015-19776
Type: Rule
Date: 2015-08-17
Agency: Historic Preservation, Advisory Council, African Development Foundation
We are adopting a new airworthiness directive (AD) for British Aerospace Regional Aircraft Jetstream Series 3101 and Jetsream Model 3201 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 missing countersunk washers under the head of the main landing gear trunnion cap tension bolts that could cause fatigue in the bolt shanks. We are issuing this AD to require actions to address the unsafe condition on these products.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security DHS/CBP-001, Import Information System, System of Records, System of Records
Document Number: 2015-19726
Type: Proposed Rule
Date: 2015-08-17
Agency: Agency for Toxic Substances and Disease Registry, Defense Logistics Agency
The Department of Homeland Security is giving concurrent notice for the newly established ``Department of Homeland Security/CBP- 001, Import Information System, System of Records'' and this proposed rulemaking. In accordance with the Privacy Act of 1974, the Department of Homeland Security concurrently proposes to consolidate, update, and rename two current Department of Homeland Security systems of records titled, ``Department of Homeland Security/U.S. Customs and Border Protection, DHS/CBP-001 Automated Commercial Environment/International Trade Data System System of Records'' and ``Department of Homeland Security/U.S. Customs and Border Protection, DHS/CBP-015 Automated Commercial System System of Records'' as one new system of records. The consolidated system of records notice will be titled, ``Department of Homeland Security/U.S. Customs and Border Protection, DHS/CBP-001 Import Information System System of Records.'' This system of records will continue to collect and maintain records on all commercial goods imported into the United States, as well as information pertaining to the carrier, broker, importer, and other persons associated with the manifest, import, or commercial entry transactions for the goods. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Brickellia mosieri (Florida Brickell-bush) and Linum carteri var. carteri (Carter's Small-flowered Flax)
Document Number: 2015-19533
Type: Rule
Date: 2015-08-17
Agency: Farm Service Agency, Architectural and Transportation Barriers Compliance Board
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for Brickellia mosieri (Florida brickell-bush) and Linum carteri var. carteri (Carter's small-flowered flax) under the Endangered Species Act of 1973, as amended (Act). We designate as critical habitat approximately 1,062 hectares (ha) (2,624 acres (ac)) for B. mosieri and approximately 1,072 ha (2,649 ac) for L. c. var. carteri. The critical habitat areas for these plants, located entirely in Miami-Dade County, Florida, largely overlap, for a combined total of approximately 1,095 ha (2,706 ac). Critical habitat for both plants includes both occupied and unoccupied habitat. The Service determined that the unoccupied units are essential for the conservation of the plants, to provide for the necessary expansion of current Brickellia mosieri and Linum carteri var. carteri populations, and for reestablishment of populations into areas where these plants previously occurred. The effect of this regulation is to extend the Act's protections to these plants' critical habitats.
Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System Policy Changes and Fiscal Year 2016 Rates; Revisions of Quality Reporting Requirements for Specific Providers, Including Changes Related to the Electronic Health Record Incentive Program; Extensions of the Medicare-Dependent, Small Rural Hospital Program and the Low-Volume Payment Adjustment for Hospitals
Document Number: 2015-19049
Type: Rule
Date: 2015-08-17
Agency: Energy Policy and New Uses Office, Agriculture Department, Alcohol and Tobacco Tax and Trade Bureau
We are revising the Medicare hospital inpatient prospective payment systems (IPPS) for operating and capital-related costs of acute care hospitals to implement changes arising from our continuing experience with these systems for FY 2016. Some of these changes implement certain statutory provisions contained in the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (collectively known as the Affordable Care Act), the Pathway for Sustainable Growth Reform (SGR) Act of 2013, the Protecting Access to Medicare Act of 2014, the Improving Medicare Post- Acute Care Transformation Act of 2014, the Medicare Access and CHIP Reauthorization Act of 2015, and other legislation. We also are addressing the update of the rate-of-increase limits for certain hospitals excluded from the IPPS that are paid on a reasonable cost basis subject to these limits for FY 2016. As an interim final rule with comment period, we are implementing the statutory extensions of the Medicare-dependent, small rural hospital (MDH) Program and changes to the payment adjustment for low-volume hospitals under the IPPS. We also are updating the payment policies and the annual payment rates for the Medicare prospective payment system (PPS) for inpatient hospital services provided by long-term care hospitals (LTCHs) for FY 2016 and implementing certain statutory changes to the LTCH PPS under the Affordable Care Act and the Pathway for Sustainable Growth Rate (SGR) Reform Act of 2013 and the Protecting Access to Medicare Act of 2014. In addition, we are establishing new requirements or revising existing requirements for quality reporting by specific providers (acute care hospitals, PPS-exempt cancer hospitals, and LTCHs) that are participating in Medicare, including related provisions for eligible hospitals and critical access hospitals participating in the Medicare Electronic Health Record (EHR) Incentive Program. We also are updating policies relating to the Hospital Value-Based Purchasing (VBP) Program, the Hospital Readmissions Reduction Program, and the Hospital-Acquired Condition (HAC) Reduction Program.
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