September 18, 2015 – Federal Register Recent Federal Regulation Documents

Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border
Document Number: 2015-23543
Type: Rule
Date: 2015-09-18
Agency: Department of Homeland Security, U.S. Customs and Border Protection, Department of the Treasury
This document adopts as a final rule, with changes, interim amendments to the U.S. Customs and Border Protection (CBP) regulations pertaining to importations of merchandise bearing suspected counterfeit trademarks or trade names that are recorded with CBP. Specifically, the amendments allow CBP, for the purpose of obtaining assistance in determining whether merchandise bears a counterfeit mark, to disclose to a trademark or other mark owner information appearing on merchandise or its retail packaging that may otherwise be protected by the Trade Secrets Act. This final rule also amends the CBP regulations to further enhance information-sharing procedures by requiring CBP to release to the importer an unredacted sample or image of the suspect merchandise or its retail packaging any time after presentation of the suspect goods for examination. This change is to reflect that an importer may not have complete information about the marks appearing on imported goods, and release of such unredacted information will assist the importer in providing CBP with a meaningful response to a detention notice. The amendments in this final rule also require CBP to release limited importation information to the mark owner no later than the time of issuance of the detention notice to the importer, rather than within 30 business days from the date of detention. Finally, these amendments require CBP to notify the mark owner that use of any information otherwise protected by the Trade Secrets Act that is disclosed by CBP to the mark owner is for the limited purpose of assisting CBP.
Drawbridge Operation Regulation; Snake Creek, Islamorada, FL
Document Number: 2015-23537
Type: Rule
Date: 2015-09-18
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is modifying the operating schedule that governs the Snake Creek Bridge across Snake Creek, Islamorada, FL. This temporary interim rule will change the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This temporary interim rule will allow Snake Creek Bridge to open on signal, except that from 8 a.m. to 6 p.m., the draw need open only on the hour. The Bridge owner, Florida Department of Transportation, and local officials requested this action to assist in reducing vehicle traffic caused by frequent bridge openings.
Safety Zone; Saint-Gobain Performance Plastics Celebration Fireworks; Lake Erie, Cleveland, OH
Document Number: 2015-23536
Type: Rule
Date: 2015-09-18
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone in Lake Erie, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Saint-Gobain Performance Plastics Celebration fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display.
Safety Zone; Kaskaskia River MM 28 to 29; New Athens, IL
Document Number: 2015-23535
Type: Rule
Date: 2015-09-18
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone for all waters of the Kaskaskia River, surface to bottom, between mile 28 and 29. This temporary safety zone is necessary to protect persons and property from potential damage and safety hazards during the New Athens Drag Boat Race. During the period of enforcement, entry into this safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Upper Mississippi River or other designated representative.
Safety Zone; 520 Bridge Construction, Lake Washington, Seattle, WA
Document Number: 2015-23526
Type: Rule
Date: 2015-09-18
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on Lake Washington around the east span of the 520 Bridge in Seattle, Washington due to ongoing construction. The safety zone is necessary to ensure the safety of the maritime public and workers involved in the bridge construction when construction barges are located in the east span of the bridge. The safety zone will prohibit any person or vessel from entering or remaining in the safety zone unless authorized by the Captain of the Port or his Designated Representative.
Implementation of the Australia Group (AG) November 2013 Intersessional Decisions; Correction
Document Number: 2015-23500
Type: Rule
Date: 2015-09-18
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) publishes this final rule to correct typographical errors contained in a final rule published on June 16, 2015 (80 FR 34266), which amended the Export Administration Regulations (EAR) to implement the recommendations presented at the November 2013 Australia Group (AG) intersessional implementation meeting and later adopted pursuant to the AG silent approval procedure. The typographical errors appear in a Note to ECCN 1C351.a, which includes viruses identified on the AG ``List of Human and Animal Pathogens and Toxins for Export Control.'' This rule also identifies another typographical error in the June 16, 2015, final rule involving the ``Reason for Control'' paragraph for ECCN 1E351. This error does not require a correction at this time, but is being identified to provide clarification to the public.
Ocean Dumping: Modification of Final Site Designation
Document Number: 2015-23475
Type: Rule
Date: 2015-09-18
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) today is modifying the use restrictions of the Galveston, TX Dredged Material Site, Freeport Harbor, TX, New Work (45 Foot Project), Freeport Harbor, TX, Maintenance (45 Foot Project), Matagorda Ship Channel, TX, Corpus Christi Ship Channel, TX, Port Mansfield, TX, Brazos Island Harbor, TX and Brazos Island Harbor (42-Foot Project), TX Ocean Dredged Material Disposal Sites (ODMDSs) located in the Gulf of Mexico offshore of Galveston, Freeport, Matagorda, Corpus Christi, Port Mansfield and Brownsville, Texas, respectively. These sites are EPA designated ocean dumping sites for the disposal of suitable dredged material. This action is being taken at the request of the United States Army Corps of Engineers Galveston District to allow disposal of suitable dredged material from the vicinity of the federal navigation channels to alleviate pressure on the capacity of their upland dredged material placement areas, when necessary.
Service Contracting
Document Number: 2015-23458
Type: Rule
Date: 2015-09-18
Agency: Defense Acquisition Regulations System, Department of Defense
Contracting by Negotiation
Document Number: 2015-23457
Type: Rule
Date: 2015-09-18
Agency: Defense Acquisition Regulations System, Department of Defense
Describing Agency Needs
Document Number: 2015-23456
Type: Rule
Date: 2015-09-18
Agency: Defense Acquisition Regulations System, Department of Defense
Eligibility of Namibia To Export Meat Products to the United States
Document Number: 2015-23455
Type: Proposed Rule
Date: 2015-09-18
Agency: Department of Agriculture, Food Safety and Inspection Service
The Food Safety and Inspection Service (FSIS) is proposing to add Namibia to the list of countries whose meat inspection system is equivalent to the system that the United States has established under the Federal Meat Inspect Act (FMIA) and its implementing regulations. FSIS's review of Namibia's laws, regulations, and inspection implementation show this to be the case. At this time, because Namibia advised FSIS that it intends to export only boneless (not ground) raw beef products, such as primal cuts, chuck, blade, and beef trimmings to the United States, FSIS has only assessed Namibia's inspection system with respect to beef. Thus, should this rule become final, Namibia would need to submit additional information for FSIS to review before FSIS would allow Namibia to export product from other types of livestock to the U.S. All products that Namibia exports to the U.S. will be subject to re-inspection at United States ports of entry by FSIS inspectors.
Refuge Alternatives for Underground Coal Mines
Document Number: 2015-23448
Type: Proposed Rule
Date: 2015-09-18
Agency: Department of Labor, Mine Safety and Health Administration
The Mine Safety and Health Administration (MSHA) will hold a public meeting to gather information on issues and options relevant to miners' escape and refuge. This meeting will supplement the information already received in response to the Agency's Request for Information on Refuge Alternatives for Underground Coal Mines. This meeting provides coal mine operators, coal miners, manufacturers, academia and other interested stakeholders an opportunity to provide information concerning two critical issues: Impediments to the use of built-in- place refuges and enhanced two-way voice communication when using escape breathing devices. This meeting also invites stakeholders to provide input on the current state of refuges in use and recent research and new technology that may lead to the development of a new generation of refuges. MSHA also is reopening the record for public comment.
Onions Grown in South Texas; Increased Assessment Rate
Document Number: 2015-23436
Type: Proposed Rule
Date: 2015-09-18
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would implement a recommendation from the South Texas Onion Committee (Committee) to increase the assessment rate established for the 2015-16 and subsequent fiscal periods from $0.03 to $0.05 per 50-pound equivalent of onions handled under the marketing order (order). The Committee locally administers the order and is comprised of producers and handlers of onions operating within the area of production. Assessments upon onion handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2015-23420
Type: Proposed Rule
Date: 2015-09-18
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier proposed airworthiness directive (AD) that proposed to supersede AD 2006-22-15 for all The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747- 200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. AD 2006-22-15 requires repetitive inspections for cracking of certain panel webs and stiffeners of the nose wheel well (NWW), and corrective actions if necessary; and replacement of certain panels with new panels, which terminates the repetitive inspections. The notice of proposed rulemaking (NPRM) proposed to reduce a compliance time and add certain inspections and applicable repair. The NPRM was prompted by reports of fatigue cracking in the panel webs and stiffeners of the NWW found prior to the inspection threshold of AD 2006-22-15. This action revises the NPRM by specifying a repetitive inspection interval for a certain NWW area inspection. We are proposing this SNPRM to prevent fatigue cracking of the NWW side and top panels, which could result in a NWW depressurization event severe enough to reduce the structural integrity of the fuselage. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.
Airworthiness Directives; Airbus Airplanes
Document Number: 2015-23409
Type: Proposed Rule
Date: 2015-09-18
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A330-200 and -300 series airplanes; Model A330-200 Freighter series airplanes; and Model A340-200, -300, -500, and -600 series airplanes. This proposed AD was prompted by reports of chafed wiring at the upper left corner of the cockpit door. The affected wire bundle was not grounded on the cockpit door frame. This proposed AD would require modifying the cockpit door frame structure, installing bonding-leads to the upper cockpit door frame, and modifying the upper cockpit door plate cover. We are proposing this AD to prevent electrical shock injury to persons contacting the cockpit door.
Airworthiness Directives; Fokker Services B.V. Airplanes
Document Number: 2015-23408
Type: Proposed Rule
Date: 2015-09-18
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all Fokker Services B.V. Model F.27 Mark 200, 300, 400, 500, 600, and 700 airplanes. This proposed AD was prompted by a design review conducted by Fokker Services B.V. that indicated no controlled bonding provisions were present on many critical locations outside the fuel tank or connected to the fuel tank wall. This proposed AD would require installing the additional bonding provisions, and revising the maintenance or inspection program, as applicable, by incorporating fuel airworthiness limitation items and critical design configuration control limitations. We are proposing this AD to prevent an ignition source in the fuel tank vapor space, which could result in a fuel tank explosion and consequent loss of the airplane.
Approval and Promulgation of Air Quality Implementation Plans for Designated Facilities and Pollutants; Missouri; Commercial and Industrial Solid Waste Incineration (CISWI) Units
Document Number: 2015-23390
Type: Rule
Date: 2015-09-18
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the state plan for designated facilities and pollutants developed under sections 111(d) and 129 of the Clean Air Act for the State of Missouri. This direct final action will amend the state plan to include a new plan and associated rule implementing the emissions guidelines for Commercial and Industrial Solid Waste Incineration (CISWI) Units.
Approval and Promulgation of Air Quality Implementation Plans for Designated Facilities and Pollutants; Missouri; Sewage Sludge Incinerators
Document Number: 2015-23384
Type: Proposed Rule
Date: 2015-09-18
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve revisions to the state plan for designated facilities and pollutants developed under sections 111(d) and 129 of the Clean Air Act for the State of Missouri. This proposed action will amend the state plan to include a new plan and associated rule implementing the emissions guidelines for Commercial and Industrial Solid Waste Incineration (CISWI) Units.
Air Plan Approval; TN; Reasonably Available Control Measures and Redesignation for the TN Portion of the Chattanooga 1997 Annual PM2.5
Document Number: 2015-23382
Type: Proposed Rule
Date: 2015-09-18
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing two separate but related actions pertaining to the Tennessee portion of the Chattanooga nonattainment area for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) (hereinafter referred to as the ``Chattanooga TN-GA-AL Area'' or ``Area''). First, EPA is proposing to approve the portion of the attainment plan state implementation plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), on October 15, 2009, that addresses reasonably available control measures (RACM), including reasonably available control technology (RACT), for the Tennessee portion of the Area. EPA is not proposing to act on the portions of the SIP revision that are unrelated to RACM. Second, EPA is supplementing the Agency's March 27, 2015, proposed approval of Tennessee's November 13, 2014, redesignation request for the Tennessee portion of the Area by proposing that approval of the RACM portion of the aforementioned SIP revision satisfies the applicable RACM requirements for redesignation under the Clean Air Act (CAA or Act).
Preserving Vacant Channels in the UHF Television Band for Unlicensed Use
Document Number: 2015-23380
Type: Proposed Rule
Date: 2015-09-18
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Media Bureau of the Federal Communications Commission (Commission) provides notice of the revised comment and reply comment deadlines in this proceeding. The comment period in this proceeding has previously been suspended pending action in the Commission's incentive auction proceeding and the Media Bureau announces that it has been restarted and the new deadlines for filing comments and reply comments.
Establish a Single Small Business Size Standard for Commercial Fishing Businesses
Document Number: 2015-23375
Type: Proposed Rule
Date: 2015-09-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to establish a small business size standard of $11 million in annual gross receipts for all businesses in the commercial fishing industry (NAICS 11411), for Regulatory Flexibility Act (RFA) compliance purposes only. The proposed $11 million standard would be used in RFA analyses in place of the U.S. Small Business Administration's (SBA) current standards of $20.5 million, $5.5 million, and $7.5 million for the finfish (NAICS 114111), shellfish (NAICS 114112), and other marine fishing (NAICS 114119) sectors of the U.S. commercial fishing industry, respectively. Establishing a single size standard of $11 million for the commercial fishing industry would simplify the RFA analyses done in support of NMFS' rules, better meet the RFA's intent by more accurately representing expected disproportionate effects of NMFS' rules between small and large businesses, create a standard that more accurately reflects the size distribution of all businesses in the commercial fishing industry, and allow NMFS to determine when changes to the standard are necessary and appropriate.
Fluensulfone; Pesticide Tolerances
Document Number: 2015-23359
Type: Rule
Date: 2015-09-18
Agency: Environmental Protection Agency
This regulation establishes a tolerance for residues of fluensulfone in or on tomato, paste. Makhteshim Agan of North America, Inc., doing business as ADAMA requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Endangered and Threatened Wildlife and Plants; 90-Day Findings on 25 Petitions
Document Number: 2015-23315
Type: Proposed Rule
Date: 2015-09-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on various petitions to list, reclassify, or delist fish, wildlife, or plants under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that two petitions do not present substantial scientific or commercial information indicating that the petitioned actions may be warranted, and we are not initiating status reviews in response to these petitions. We refer to these as ``not-substantial petition findings.'' We also find that 23 petitions present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of these species to determine if the petitioned actions are warranted. To ensure that these status reviews are comprehensive, we are requesting scientific and commercial data and other information regarding these species. Based on the status reviews, we will issue 12-month findings on the petitions, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.
Incorporation by Reference of American Society of Mechanical Engineers Codes and Code Cases
Document Number: 2015-23193
Type: Proposed Rule
Date: 2015-09-18
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to incorporate by reference seven recent editions and addenda to the American Society of Mechanical Engineers (ASME) codes for nuclear power plants and a standard for quality assurance. The NRC is also proposing to incorporate by reference four ASME code cases. This action is in accordance with the NRC's policy to periodically update the regulations to incorporate by reference new editions and addenda of the ASME codes and is intended to maintain the safety of nuclear power plants and to make NRC activities more effective and efficient.
Updating Competitive Bidding Rules
Document Number: 2015-21950
Type: Rule
Date: 2015-09-18
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission modernizes and reforms its competitive bidding rules to provide greater flexibility to small businesses and rural service providers and bring greater choices to consumers.
Dividend Equivalents From Sources Within the United States
Document Number: 2015-21759
Type: Rule
Date: 2015-09-18
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document provides guidance to nonresident alien individuals and foreign corporations that hold certain financial products providing for payments that are contingent upon or determined by reference to U.S. source dividend payments. This document also provides guidance to withholding agents that are responsible for withholding U.S. tax with respect to a dividend equivalent.
Dividend Equivalents From Sources Within the United States
Document Number: 2015-21753
Type: Proposed Rule
Date: 2015-09-18
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
DATES: Written or electronic comments must be received by December 17, 2015. Outlines of topics to be discussed at the public hearing scheduled for January 15, 2016, at 10 a.m. must be received by December 17, 2015.
National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production
Document Number: 2015-21031
Type: Rule
Date: 2015-09-18
Agency: Environmental Protection Agency
This action finalizes the residual risk and technology review (RTR), and the rule review, we conducted for the Secondary Aluminum Production source category regulated under national emission standards for hazardous air pollutants (NESHAP). In this action, we are finalizing several amendments to the NESHAP based on the rule review. These final amendments include a requirement to report performance testing through the Electronic Reporting Tool (ERT); provisions allowing owners and operators to change furnace classifications; requirements to account for unmeasured emissions during compliance testing for group 1 furnaces that do not have add-on control devices; alternative compliance options for the operating and monitoring requirements for sweat furnaces; compliance provisions for hydrogen fluoride; provisions addressing emissions during periods of startup, shutdown, and malfunction (SSM); and other corrections and clarifications to the applicability, definitions, operating, monitoring and performance testing requirements. These amendments will improve the monitoring, compliance and implementation of the rule.
Source Determination for Certain Emission Units in the Oil and Natural Gas Sector
Document Number: 2015-21026
Type: Proposed Rule
Date: 2015-09-18
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is proposing to clarify the term ``adjacent'' in the definitions of: ``building, structure, facility or installation'' used to determine the ``stationary source'' for purposes of the Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) programs and ``major source'' in the title V program as applied to the oil and natural gas sector. The EPA has previously issued guidance on how to assess ``adjacency'' for this industry, but the use of the guidance has been challenged, resulting in uncertainty for the regulated community and for permitting authorities. The EPA is proposing to clarify how properties in the oil and natural gas sector are determined to be adjacent in order to assist permitting authorities and permit applicants in making consistent source determinations for this sector. In this action, the EPA is proposing two options for determining whether two or more properties in the oil and natural gas sector are ``adjacent'' for purposes of defining the ``stationary source'' in the PSD and NNSR programs, and ``major source'' for the title V program (referred to collectively as ``source''). The preferred option would define ``adjacent'' for the oil and natural gas sector in terms of proximity. The EPA is co-proposing and taking comment on an alternative option to define ``adjacent'' in terms of proximity or functional interrelatedness.
Review of New Sources and Modifications in Indian Country: Federal Implementation Plan for Managing Air Emissions from True Minor Sources Engaged in Oil and Natural Gas Production in Indian Country
Document Number: 2015-21025
Type: Proposed Rule
Date: 2015-09-18
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing a federal implementation plan (FIP) that would apply to new true minor sources and minor modifications at existing true minor sources in the production segment of the oil and natural gas sector that are locating or expanding in Indian reservations or in other areas of Indian country over which an Indian tribe, or the EPA, has demonstrated the tribe's jurisdiction. The FIP would satisfy the minor source permitting requirement under the ``Federal Minor New Source Review (NSR) Program in Indian Country'' (referred to as the ``Federal Indian Country Minor NSR rule''). The FIP proposes to require emission limitations and other requirements from certain federal emission standards as written at the time of construction or modification for compression ignition and spark ignition engines, compressors (reciprocating and centrifugal), fuel storage tanks, fugitive emissions from well sites and compressor stations, glycol dehydrators, hydraulically fractured oil and gas well completions, pneumatic controllers in production, pneumatic pumps, process heaters and storage vessels. The EPA is also proposing several amendments to the Federal Indian Country Minor NSR rule, including adding new text regarding the purpose of the program, revising the program overview provision, establishing a compliance deadline of October 3, 2016, revising certain provisions to incorporate compliance with the FIP, revising the applicability provision to establish that sources are required to comply with the FIP unless they opt to obtain a source-specific permit or are otherwise required to obtain a source-specific permit, and revising the source registration provision. Also, we are revising the definition of Indian country to comport with a court decision that addressed EPA's jurisdiction to implement the Federal Indian Country Minor NSR rule: Oklahoma Dept. of Environmental Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014). This court decision also affects the definition of Indian country under the Federal Major New Source Review Program in Indian Country so we are changing the definition under the Federal Indian Country Major NSR rule as well.
Oil and Natural Gas Sector: Emission Standards for New and Modified Sources
Document Number: 2015-21023
Type: Proposed Rule
Date: 2015-09-18
Agency: Environmental Protection Agency
This action proposes to amend the new source performance standards (NSPS) for the oil and natural gas source category by setting standards for both methane and volatile organic compounds (VOC) for certain equipment, processes and activities across this source category. The Environmental Protection Agency (EPA) is including requirements for methane emissions in this proposal because methane is a greenhouse gas (GHG), and the oil and natural gas category is currently one of the country's largest emitters of methane. In 2009, the EPA found that by causing or contributing to climate change, GHGs endanger both the public health and the public welfare of current and future generations. The EPA is proposing both methane and VOC standards for several emission sources not currently covered by the NSPS and proposing methane standards for certain emission sources that are currently regulated for VOC. The proposed amendents also extend the current VOC standards to the remaining unregulated equipment across the source category and additionally establish methane standards for this equipment. Lastly, amendments to improve implementation of the current NSPS are being proposed which result from reconsideration of certain issues raised in petitions for reconsideration that were received by the Administrator on the August 16, 2012, final NSPS for the oil and natural gas sector and related amendments. Except for the implementation improvements and the setting of standards for methane, these amendments do not change the requirements for operations already covered by the current standards.
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