February 8, 2016 – Federal Register Recent Federal Regulation Documents

Elimination of Nonimmigrant Visa Exemption for Certain Caribbean Residents Coming to the United States as H-2A Agricultural Workers
Document Number: 2016-02488
Type: Rule
Date: 2016-02-08
Agency: Agency for Toxic Substances and Disease Registry
This interim final rule revises Department of Homeland Security regulations to eliminate the nonimmigrant visa exemption for certain Caribbean residents seeking to come to the United States as H- 2A agricultural workers and the spouses or children who accompany or follow these workers to the United States. As a result, these nonimmigrants will be required to have both a valid passport and visa. The Department of State is revising its parallel regulations.
Oklahoma Regulatory Program
Document Number: 2016-02463
Type: Proposed Rule
Date: 2016-02-08
Agency: Farm Service Agency, Employment Standards Administration
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Oklahoma proposes revisions to its regulations regarding: Permit eligibility for permits with violations on lands eligible for remining; permit suspension or rescission posting locations and appeal procedures; requiring GPS coordinates for aspects of permit maps; topsoil removal distances; blasting records requirements; annual reporting requirements; temporary cessation of operations requirements; casing and sealing temporary underground openings; right of entry requirements; surface drainage associated with auger mining; correcting reference errors; updating addresses; and correcting spelling and grammatical errors. Oklahoma intends to revise its program to be no less effective than the Federal regulations and to improve operational efficiency. This document gives the times and locations that the Oklahoma program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Virginia Regulatory Program
Document Number: 2016-02460
Type: Proposed Rule
Date: 2016-02-08
Agency: Farm Service Agency, Employment Standards Administration
We are reopening the public comment period on the proposed amendment to the Virginia regulatory program (the Virginia program) published on October 22, 2015. The comment period is being reopened in order to afford the public more time to comment. Virginia is proposing to revise its regulations in light of legislative changes made by the General Assembly of Virginia. If approved, the proposed amendment would incorporate these legislative changes into the approved State program. Additionally, the state regulations would be amended to revise the language of the public participation regulations to clarify proof of publication, remove the self-bonding instrument, and remove duplicate pool bond regulations already addressed under the Code of Virginia.
Trade Monitoring Procedures for Fishery Products; International Trade in Seafood; Permit Requirements for Importers and Exporters; Public Meeting
Document Number: 2016-02418
Type: Proposed Rule
Date: 2016-02-08
Agency: Cooperative State Research, Education, and Extension Service, Economic Research Service
The National Marine Fisheries Service will hold a public webinar to present details of a previously issued proposed rule (which published December 29, 2015) for electronic filing of seafood trade documents and will allow time for questions from the public.
Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, and Records
Document Number: 2016-02413
Type: Rule
Date: 2016-02-08
Agency: Commodity Credit Corporation
The NTSB publishes confirmation of an amendment to its regulations concerning notification and reporting requirements with regard to aircraft accidents or incidents, titled, ``Immediate notification.'' The regulation requires reports of Airborne Collision and Avoidance System (ACAS) resolution advisories issued under certain specific circumstances. In a Direct Final Rule published December 15, 2015, the NTSB narrowed the ACAS reporting requirement, consistent with the agency's authority to issue non-controversial amendments to rules. The NTSB also updated its contact information for notifications. This document confirms the changes and the effective date.
Schedules of Controlled Substances: Table of Excluded Nonnarcotic Products: Nasal Decongestant Inhaler/Vapor Inhaler
Document Number: 2016-02404
Type: Rule
Date: 2016-02-08
Agency: Agency for Healthcare Research and Quality, Agency for International Development
This final rule adopts, without change, the interim final rule that was published in the Federal Register on October 27, 2015. The Drug Enforcement Administration is amending the table of Excluded Nonnarcotic Products to update the company name for the drug product Nasal Decongestant Inhaler/Vapor Inhaler (containing 50 milligrams levmetamfetamine) to Aphena Pharma SolutionsNew York, LLC. This over- the-counter, nonnarcotic drug product is excluded from the provisions of the Controlled Substances Act.
Schedules of Controlled Substances: Table of Excluded Nonnarcotic Products: Vicks® VapoInhaler®
Document Number: 2016-02403
Type: Rule
Date: 2016-02-08
Agency: Agency for Healthcare Research and Quality, Agency for International Development
This final rule adopts the interim final rule, with a correction to spelling of the manufacturer's name that was published in the Federal Register on October 27, 2015. The Drug Enforcement Administration is amending the table of Excluded Nonnarcotic Products to update the listing for Vicks[supreg] VapoInhaler[supreg], containing 50 mg levmetamfetamine in a nasal decongestant inhaler, marketed by The Procter & Gamble Company. This over-the-counter, non-narcotic drug product is excluded from provisions of the Controlled Substances Act.
Defense Federal Acquisition Regulation Supplement: DFARS Case 2016-D017, Independent Research and Development Expenses
Document Number: 2016-02396
Type: Proposed Rule
Date: 2016-02-08
Agency: National Agricultural Library, Transportation Security Administration
DoD is seeking information that will assist in the development of a revision to the DFARS to ensure that substantial future independent research and development (IR&D) expenses as a means to reduce evaluated bid prices in competitive source selections are evaluated in a uniform way during competitive source selections. In addition to the request for written comments on this proposed rulemaking, DoD will hold a public meeting to hear the views of interested parties.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Trawl Gear in the Western Regulatory Area of the Gulf of Alaska
Document Number: 2016-02394
Type: Rule
Date: 2016-02-08
Agency: Cooperative State Research, Education, and Extension Service, Economic Research Service
NMFS is opening directed fishing for Pacific cod by catcher/ processors using trawl gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the A season allowance of the 2016 total allowable catch apportioned to catcher/ processors using trawl gear in the Western Regulatory Area of the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Directed Fishing With Trawl Gear by Fisheries Act Catcher Processors in Bycatch Limitation Zone 1 of the Bering Sea and Aleutian Islands Management Area
Document Number: 2016-02391
Type: Rule
Date: 2016-02-08
Agency: Cooperative State Research, Education, and Extension Service, Economic Research Service
NMFS is prohibiting directed fishing with trawl gear, other than pelagic trawl gear for walleye pollock, by American Fisheries Act (AFA) trawl catcher processors in Bycatch Limitation Zone 1 of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the sideboard limit of the 2016 bycatch allowance of red king crab in Zone 1 specified for AFA trawl catcher processors in the BSAI.
Prescriptions in Alaska and U.S. Territories and Possessions
Document Number: 2016-02350
Type: Proposed Rule
Date: 2016-02-08
Agency: Southwestern Power Administration
The Department of Veterans Affairs (VA) is proposing to remove its medical regulation that governs medications provided in Alaska and territories and possessions of the United States because this regulation is otherwise subsumed by another VA medical regulation related to provision of medications that are prescribed by non-VA providers.
Fisheries of the Exclusive Economic Zone Off Alaska; Western Alaska Community Development Quota Program
Document Number: 2016-02319
Type: Proposed Rule
Date: 2016-02-08
Agency: Cooperative State Research, Education, and Extension Service, Economic Research Service
NMFS issues a proposed rule that would implement Amendment 109 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). If approved, this proposed rule would amend regulations governing the Western Alaska Community Development Quota (CDQ) Program to support increased participation in the groundfish CDQ fisheries (primarily Pacific cod) by catcher vessels less than or equal to 46 feet (ft) (14.0 meters (m)) length overall (LOA) using hook-and-line gear. Specifically, this proposed rule would exempt operators of registered catcher vessels greater than 32 ft (9.8 m) LOA and less than or equal to 46 ft LOA using hook-and-line gear from the requirement to obtain and carry a License Limitation Program license when groundfish CDQ fishing. The proposed rule also would reduce observer coverage requirements for catcher vessels less than or equal to 46 ft LOA when groundfish CDQ fishing, and implement new in- season management and catch accounting requirements to properly account for the harvest of groundfish and halibut and the accrual of halibut prohibited species catch in these fisheries. In addition to the proposed regulations necessary to implement Amendment 109, NMFS proposes to remove a table in the regulations because it is no longer necessary. This action is intended to facilitate increased participation by residents of CDQ communities in the groundfish fisheries in the Bering Sea and Aleutian Islands Management Area, and to support economic development in western Alaska. This action is necessary to promote the goals of the CDQ Program, and to promote the goals and objectives of the FMP, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable laws.
Approval of California Air Plan Revisions, Department of Pesticide Regulations
Document Number: 2016-02314
Type: Proposed Rule
Date: 2016-02-08
Agency: Department of Agriculture
The Environmental Protection Agency (EPA) is proposing to approve revisions to the California Department of Pesticide Regulations (CDPR) portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from pesticides. We are proposing to approve these rules to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
Approval and Promulgation of Air Quality Implementation Plans; Texas; Infrastructure or Requirements for the 2008 Ozone and 2010 Nitrogen Dioxide National Ambient Air Quality Standards
Document Number: 2016-02310
Type: Proposed Rule
Date: 2016-02-08
Agency: Department of Agriculture
The Environmental Protection Agency (EPA) is proposing to approve elements of State Implementation Plan (SIP) submissions from the State of Texas for Ozone (O3) and Nitrogen Dioxide (NO2) National Ambient Air Quality Standards (NAAQS). These submittals address how the existing SIP provides for implementation, maintenance, and enforcement of the 2008 O3 and 2010 NO2 NAAQS (infrastructure SIPs or i-SIPs). These i-SIPs ensure that the State's SIP is adequate to meet the state's responsibilities under the Federal Clean Air Act (CAA).
Amendment of Class E Airspace for the Following Michigan Towns: Alpena, MI; and Muskegon, MI
Document Number: 2016-02285
Type: Rule
Date: 2016-02-08
Agency: Historic Preservation, Advisory Council, African Development Foundation
This action amends the legal description of the Class E surface area airspace and Class E airspace designated as an extension at Alpena County Regional Airport, Alpena, MI, and Muskegon County Airport, Muskegon, MI, eliminating the Notice to Airmen (NOTAM) part- time status, and updates the geographic coordinates of Muskegon County Airport, to coincide with the FAA's aeronautical database.
Amendment of Class E Airspace; Wilmington, OH
Document Number: 2016-02284
Type: Rule
Date: 2016-02-08
Agency: Historic Preservation, Advisory Council, African Development Foundation
This action amends the legal description of Class E surface area airspace and Class E airspace designated as an extension at Wilmington Air Park, Wilmington, OH, eliminating the Notice to Airmen (NOTAM) part-time status. This action also updates the airport name of Wilmington Air Park, Wilmington, OH, to coincide with the FAA's aeronautical database.
Amendment of Class E Airspace for the Following Minnesota Towns: Rochester, MN; and St. Cloud, MN
Document Number: 2016-02283
Type: Rule
Date: 2016-02-08
Agency: Historic Preservation, Advisory Council, African Development Foundation
This action amends the legal description of the Class E surface area airspace and Class E airspace designated as an extension, at Rochester International Airport, Rochester, MN, and St. Cloud Regional Airport, St. Cloud, MN, eliminating the Notice to Airmen (NOTAM) part-time status. This action also updates the geographic coordinates of Rochester International Airport to coincide with the FAA's aeronautical database.
Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices, and Associated Equipment
Document Number: 2016-02268
Type: Rule
Date: 2016-02-08
Agency: Historic Preservation, Advisory Council, Animal and Plant Health Inspection Service
NHTSA is amending the side marker requirements contained in the Federal Motor Vehicle Safety Standard (FMVSS) on lamps, reflective devices and associated equipment for vehicles 80 inches or more in width and less than 30 feet long. This final rule adopts the amendments proposed in the Notice of Proposed Rulemaking (NPRM), published on December 4, 2012. These amendments will restore the side marker photometry requirements for motor vehicles under thirty feet in length that were in place prior to the 2007 final rule that reorganized the standard. Restoration of the side marker requirements will have no negative impact on safety or function and will allow motor vehicle manufacturers to avoid unnecessary modifications to their side marker lamps with no added safety or functional benefit.
Competitive and Noncompetitive Non-Formula Federal Assistance Programs-General Award Administrative Provisions and Specific Administrative Provisions
Document Number: 2016-02213
Type: Rule
Date: 2016-02-08
Agency: Aging Administration, National Institute for Literacy
The National Institute of Food and Agriculture (NIFA) is publishing as a final rule, a set of general and specific administrative requirements applicable to competitive and non- competitive non-formula programs. The purpose of this final rule is to implement sections of the Agriculture Act of 2014 making it necessary to modify the general administrative provisions as well as specific grant programs. The purpose of the final rule also is to adopt as final interim administrative provisions. Although this final rule becomes effective on the date of publication, NIFA is requesting comments for a 60-day period. See the ADDRESSES section for instructions for submitting comments.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2016-02193
Type: Proposed Rule
Date: 2016-02-08
Agency: Historic Preservation, Advisory Council, African Development Foundation
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This proposed AD was prompted by a report of wire chafing damage, which caused an electrical arc to an adjacent hydraulic tube located on the forward bulkhead of the main landing gear (MLG) wheel well, resulting in a hole in a hydraulic tube and consequent total loss of system B hydraulic fluid. This proposed AD would require an inspection for chafing damage of wire bundles and a hydraulic tube in the right side of the MLG wheel well, and corrective action if necessary; and installation of clamps between the wire bundles and hydraulic tube. We are proposing this AD to prevent chafing damage, which could result in electrical arcing that can cause a hole in the hydraulic tube and consequent loss of hydraulic fluid, possibly resulting in a fire in the MLG wheel well.
Capital Magnet Fund
Document Number: 2016-02132
Type: Rule
Date: 2016-02-08
Agency: National Nuclear Security Administration, Foreign Assets Control Office
The Department of the Treasury is issuing an interim rule implementing the Capital Magnet Fund (CMF), administered by the Community Development Financial Institutions Fund (CDFI Fund). This interim rule incorporates updates to the definitions, requirements and parameters for CMF implementation and administration. In addition, sections of the CMF interim rule regarding certain definitions and project level requirements are revised in order to facilitate alignment with other federal housing programs and ease of administration. These revisions are modeled after the credit requirements for Low Income Housing Credits (LIHTCs) under section 42 of the Internal Revenue Code of 1986, as amended, and the program requirements of the HOME Investment Partnership Program (HOME Program) authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, and the HOME Program final rule published on July 24, 2013. This interim rule also reflects requirements set forth in a final rule, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, adopted by the Department of the Treasury on December 19, 2014 (hereafter referred to as the Uniform Administrative Requirements). The Uniform Administrative Requirements constitute a government-wide framework for grants management codified by the Office of Management and Budget (OMB), combining several OMB grants management circulars aimed at reducing the administrative burden for Recipients, and reducing the risk of waste, fraud and abuse of Federal financial assistance. The Uniform Administrative Requirements establish financial, administrative, procurement, and program management standards with which Federal award-making programs, including those administered by the CDFI Fund, and Recipients must comply. Accordingly, this interim rule includes revisions necessary to implement the Uniform Administrative Requirements, as well as to make certain technical corrections and certain programmatic updates, as well as provide clarifying language to existing program requirements.
Personnel Management in Agencies
Document Number: 2016-02112
Type: Proposed Rule
Date: 2016-02-08
Agency: Consumer Product Safety Commission
The Office of Personnel Management is issuing proposed regulations that introduce updated systems and regulatory definitions for managing human resources in the Federal Government. The rulemaking also proposes to reduce and clarify the reporting procedures that agencies are required to follow, creates a data-driven review process (HRStat); and describes workforce planning methods that agencies are required to follow. Additionally, the proposed regulation aligns Strategic Human Capital Management to the Government Performance and Results Act Modernization Act of 2010 (Pub. L. 111-352). It also sets forth the new Human Capital Framework (HCF), which replaces the Human Capital Assessment Accountability Framework (HCAAF).
Financial Assistance Interior Regulation
Document Number: 2016-02039
Type: Proposed Rule
Date: 2016-02-08
Agency: Farm Service Agency, Defense Logistics Agency
This proposed rule establishes the Financial Assistance Interior Regulation (FAIR). The FAIR supplements the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Omni-Circular), which was adopted The Department of the Interior (Department) on December 19, 2014. This proposed rule would consolidate the Department's financial assistance regulations and policies derived from the OMB Omni-Circular.
Single Family Housing Guaranteed Loan Program
Document Number: 2016-01872
Type: Rule
Date: 2016-02-08
Agency: Aging Administration, Historic Preservation, Advisory Council
This final rule follows publication of the December 9, 2013, interim final rule and makes changes in response to public comment and further consideration of certain issues by the Rural Housing Service (RHS or Agency) to the Single Family Housing Guaranteed Loan Program (SFHGLP). The changes made by this final rule are designed to further improve and clarify Agency instructions while strengthening and enhancing the SFHGLP process by reducing regulations, improving customer service to achieve greater efficiency, flexibility and effectiveness. This rule will allow RHS to manage the program more effectively and reduce SFHGLP risk of loss.
Additions to List of Categorical Non-Waste Fuels
Document Number: 2016-01866
Type: Rule
Date: 2016-02-08
Agency: Department of Agriculture
The Environmental Protection Agency (EPA or the Agency) is issuing amendments to the Non-Hazardous Secondary Materials rule, initially promulgated on March 21, 2011, and amended on February 7, 2013, under the Resource Conservation and Recovery Act. The Non- Hazardous Secondary Materials rule generally established standards and procedures for identifying whether non-hazardous secondary materials are solid wastes when used as fuels or ingredients in combustion units. In the February 2013 amendments, the EPA listed particular non- hazardous secondary materials as ``categorical non-waste fuels'' provided certain conditions are met. Persons burning these non- hazardous secondary materials do not need to evaluate them under the general case-by-case standards and procedures that would otherwise apply to non-hazardous secondary materials used in combustion units. This action adds three materials to the list of categorical non-waste fuels: Construction and demolition wood processed from construction and demolition debris according to best management practices; paper recycling residuals generated from the recycling of recovered paper, paperboard and corrugated containers and combusted by paper recycling mills whose boilers are designed to burn solid fuel; and creosote treated railroad ties that are processed and then combusted in the following types of units: Units designed to burn both biomass and fuel oil as part of normal operations and not solely as part of start-up or shut-down operations, and units at major source pulp and paper mills or power producers subject to 40 CFR part 63, subpart DDDDD that combust CTRT and had been designed to burn biomass and fuel oil, but are modified (e.g. oil delivery mechanisms are removed) in order to use natural gas instead of fuel oil, as part of normal operations and not solely as part of start-up or shut-down operations.
Waste Prevention, Production Subject to Royalties, and Resource Conservation
Document Number: 2016-01865
Type: Proposed Rule
Date: 2016-02-08
Agency: Farm Service Agency, Federal Crop Insurance Corporation
The Bureau of Land Management (BLM) is proposing new regulations to reduce waste of natural gas from venting, flaring, and leaks during oil and natural gas production activities on onshore Federal and Indian leases. The regulations would also clarify when produced gas lost through venting, flaring, or leaks is subject to royalties, and when oil and gas production used on site would be royalty-free. These proposed regulations would be codified at new 43 CFR subparts 3178 and 3179. They would replace the existing provisions related to venting, flaring, and royalty-free use of gas contained in the 1979 Notice to Lessees and Operators of Onshore Federal and Indian Oil and Gas Leases, Royalty or Compensation for Oil and Gas Lost (NTL- 4A), which are over 3 decades old.
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