September 2015 – Federal Register Recent Federal Regulation Documents

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') proposes to amend a provision of the Commission's regulations in connection with the material terms for which counterparties must resolve discrepancies when engaging in portfolio reconciliation.

NMFS suspends the minimum size limit for Atlantic surfclams for the 2016 fishing year. NMFS also announces that the quotas for the Atlantic surfclam and ocean quahog fisheries for 2016 will remain status quo. Regulations governing these fisheries require NMFS to notify the public of the allowable harvest levels for Atlantic surfclams and ocean quahogs from the Exclusive Economic Zone if the previous year's quota specifications remain unchanged.

GSA is amending the Federal Management Regulations (FMR) reporting requirements to state that large agencies must submit to GSA their prior fiscal year mail reports in the Simplified Mail Accountability Reporting Tool annually by December 1.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that would implement its authority under Section 161A of the Atomic Energy Act of 1954, as amended (AEA), to permit NRC licensees and certificate holders to apply for preemption authority and enhanced weapons authority, and conduct associated firearms background checks. The NRC proposed new regulations on February 3, 2011, that would implement its authority under Section 161A. On January 10, 2013, the NRC proposed to further revise the regulations to include at- reactor independent spent fuel storage installations (ISFSI) as a class of designated facilities. The NRC is now proposing to further revise the proposed rule language that addresses the voluntary application for enhanced weapons authority, preemption authority, and the mandatory firearms background checks under Section 161A.

The Food and Drug Administration (FDA or we) is proposing to amend certain regulations pertaining to registration and process filings related to acidified foods and thermally processed low-acid foods packaged in hermetically sealed containers (historically referred to as ``low-acid canned foods'' or ``LACF''). The amendments would reflect new FDA process filing form numbers and would make changes to addresses or locations where such forms can be found or must be sent. Additionally, the amendments would remove obsolete references to the effective dates that occurred years ago and update a reference to another Federal Agency.

We are superseding Airworthiness Directive (AD) 2011-19-04, for all Airbus Model A318, A319, A320, and A321 series airplanes. AD 2011-19-04 required repetitive inspections for cracking of the left- hand and right-hand inboard and outboard elevator servo-control rod eye-ends, and corrective actions if necessary. This new AD requires an inspection to determine if certain elevator servo-control parts are installed, and replacement if necessary. This AD was prompted by a determination that certain elevator servo-control parts that do not conform to the approved type design have been installed and may have the potential of cracks in the rod eye-end. We are issuing this AD to detect and correct rod eye-end cracking, which could result in uncontrolled elevator surface and consequent reduced control of the airplane.

We are revising an earlier proposed airworthiness directive (AD) for all Airbus Model A318, A319, A320, and A321 series airplanes. The NPRM proposed to supersede Airworthiness Directives (AD) 2011-13-11 and AD 2013-16-09. AD 2011-13-11 currently requires an amendment of the airplane flight manual (AFM), repetitive checks of specific centralized fault display system (CFDS) messages, an inspection of the opening sequence of the main landing gear (MLG) door actuator for discrepancies if certain messages are found, and corrective actions if necessary. AD 2013-16-09 currently requires an inspection to determine airplane configuration and part numbers of the landing gear control interface unit and MLG door actuators; and, for affected airplanes, repetitive inspections of the opening sequence of the MLG door actuator, and replacement of the MLG door actuator if necessary; and provides optional terminating action for the repetitive inspections. The NPRM was prompted by a determination that the interval of the MLG door opening sequence inspection must be reduced. The NPRM proposed to reduce the interval of the MLG door opening sequence inspection, and also to replace or modify certain MLG door actuators. This action revises the NPRM by adding a flushing procedure to be performed when installing a new MLG door actuator. We are proposing this supplemental NPRM (SNPRM) to detect and correct deterioration of the damping ring and associated retaining ring of the MLG door actuator, which can sufficiently increase the friction inside the actuator to restrict opening of the MLG door by gravity, during operation of the landing gear alternate (free-fall) extension system. This condition could prevent the full extension and/or down-locking of the MLG, possibly resulting in MLG collapse during landing and consequent damage to the airplane and injury to occupants. Since these actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

On July 21, 2015, the U.S. Department of Energy published a final rule amending energy conservation standards for packaged terminal air conditioners and packaged terminal heat pumps. 80 FR 43162. This correction addresses a table labeling error in that final rule.

NMFS implements accountability measures (AMs) for the commercial sector for vermilion snapper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects that commercial landings for vermilion snapper will reach the commercial annual catch limit (ACL) for the July through December 2015 period on September 22, 2015. Therefore, NMFS closes the commercial sector for vermilion snapper in the South Atlantic EEZ on September 22, 2015, and it will remain closed until the start of the next fishing season on January 1, 2016. This closure is necessary to protect the South Atlantic vermilion snapper resource.

NMFS implements accountability measures (AMs) for commercial snowy grouper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial landings for snowy grouper will reach the commercial annual catch limit (ACL) (equivalent to the commercial quota) by September 22, 2015. Therefore, NMFS closes the commercial sector for snowy grouper in the South Atlantic EEZ on September 22, 2015, and it will remain closed until the start of the next fishing season on January 1, 2016. This closure is necessary to protect the snowy grouper resource.

NMFS announces that the 2015 commercial bluefish and summer flounder quota allocated to the Commonwealth of Massachusetts has been harvested. Vessels issued commercial Federal fisheries permits for these fisheries may not land bluefish or summer flounder in Massachusetts for the remainder of calendar year 2015, unless additional quota becomes available through a transfer from another state. Regulations governing these fisheries require publication of this notice to advise Massachusetts that the quota has been harvested, and to advise Federal vessel and dealer permit holders that no Federal commercial quota is available to land bluefish or summer flounder in Massachusetts.

The U.S. Office of Government Ethics (OGE) is issuing this rule to revoke the designation, for purposes of the one-year post- employment conflict of interest restriction in the United States Code, of an agency departmental component that was abolished.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to further implement a requirement of the National Defense Authorization Act for Fiscal Year 2012, as modified by a section of the National Defense Authorization Act for Fiscal Year 2015, that addresses required sources of electronic parts for defense contractors and subcontractors.

This rule amends the Export Administration Regulations (EAR) to expand the scope of License Exception Support for the Cuban People (SCP) to facilitate engagement between the U.S. and Cuban people; the free flow of information to, from, and among the Cuban people; and independent economic activity generated by Cuba's private sector. It also makes temporary sojourns of most vessels to Cuba eligible for License Exception Aircraft, Vessels and Spacecraft (AVS). Additionally, this rule creates a case-by-case review policy of license applications to export and reexport to Cuba items to ensure the safety of civil aviation and safe operation of commercial passenger aircraft. Finally, it amends the deemed export and deemed reexport license requirements for releases of technology and source code to Cuban nationals; removes certain unintended restrictions on exports and reexports under License Exception SCP and License Exception Consumer Communications Devices (CCD); and makes certain technical corrections to License Exception Agricultural Commodities (AGR).

The Institute of Museum and Library Services (``IMLS'') finalizes its portion of the uniform federal assistance rule published by the Office of Management and Budget.

NHTSA is proposing a rule prescribing procedures for the assessment of civil penalties and for interpreting the factors for determining the amount of a civil penalty or the amount of a compromise under the National Traffic and Motor Vehicle Safety Act (Safety Act), to implement the Moving Ahead for Progress in the 21st Century Act (MAP-21). MAP-21 states that the Secretary of Transportation shall determine the amount of civil penalty or compromise under the Safety Act. MAP-21 identifies mandatory factors that the Secretary must consider and discretionary factors for the Secretary to consider as appropriate in making such determinations. MAP-21 further directs NHTSA to issue a rule providing an interpretation of these penalty factors. NHTSA is also proposing to update our regulations to conform it to the statutory civil penalty maximums enacted in MAP-21, the increased penalties and damages for odometer fraud, and the statutory penalty for knowingly and willfully submitting materially false or misleading information to the Secretary after certifying the same information as accurate.

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.

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.

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.

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.

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.

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.

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.