February 2016 – Federal Register Recent Federal Regulation Documents

This document replaces an erroneous effective date and corrects typographical errors in a summary of the above-captioned order that was published at 81 FR 5605.

This action establishes Class E airspace in the International Falls, MN, area to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Minneapolis Air Route Traffic Control Center (ARTCC). This action enhances the safety and efficiency of aircraft operations within the National Airspace System (NAS).

This action proposes to establish Class E en route domestic airspace in the Dupree, SD, area, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Minneapolis Air Route Traffic Control Center (ARTCC). The FAA is proposing this action to enhance the safety and efficiency of aircraft operations within the National Airspace System (NAS).

This action modifies jet routes J-6, J-97, and J-222, and VOR Federal airways V-196, and V-489, in the northeastern United States due to the planned decommissioning of the Plattsburgh, NY, VORTAC facility. These route changes enhance the safety and management of airspace within the National Airspace System.

The Food and Nutrition Service (FNS) proposes to make changes to the Supplemental Nutrition Assistance Program (SNAP) regulations pertaining to the eligibility of SNAP retail food stores. The Agricultural Act of 2014 (2014 Farm Bill) amended the Food and Nutrition Act of 2008 (the Act) to increase the requirement that certain SNAP authorized retail food stores have available on a continual basis at least three varieties of items in each of four staple food categories, to a mandatory minimum of seven varieties. The 2014 Farm Bill also amended the Act to increase, for certain SNAP authorized retail food stores, the minimum number of categories in which perishable foods are required from two to three. This proposed rule would codify these mandatory requirements. Further, using existing authority in the Act and feedback from a Request for Information that included five listening sessions in urban and rural locations across the nation and generated 233 public comments, FNS is proposing several additional changes. Among other items, these proposed changes address depth of stock, amend the definition of staple foods, and amend the definition of ``retail food store'' to clarify when a retailer is a restaurant rather than a retail food store. The rulemaking also proposes that FNS begin disclosing to the public specific information about retailers who have violated SNAP rules.

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.

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) submissions from the states of Colorado, Montana, North Dakota and South Dakota that are intended to demonstrate that the SIP for each respective state meets certain interstate transport requirements of the Clean Air Act (Act or CAA) for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). These submissions address the requirement that each SIP contain adequate provisions prohibiting air emissions that will have certain adverse air quality effects in other states. The EPA is approving these SIPs for all four states as containing adequate provisions to ensure that air emissions in the states do not significantly contribute to nonattainment or interfere with maintenance of the 2008 8-hour ozone NAAQS in any other state.

The Environmental Protection Agency (EPA) is approving a SIP revision submitted by the State of Iowa. The revision pertains to the approval of Iowa's CROMERR submission which was published in the Federal Register on December 9, 2015, and will revise the Iowa SIP to provide for electronic submittal of emission inventory data.

This document corrects the DATES section to a proposed rule published in the Federal Register of February 1, 2016. The Commission did not intend to permit interested persons to file reply comments. The Commission is seeking initial comments only.

OSHA is rescheduling the informal public hearing on its proposed rule ``Occupational Exposure to Beryllium and Beryllium Compounds.'' The public hearing will now begin on Monday March 21, 2016 at 2 p.m., local time. The public hearing notice was published in the Federal Register on December 30, 2015. The proposed rule was published in the Federal Register on August 7, 2015 and the 90-day public comment period ended on November 5, 2015. The December 30, 2015 Federal Register notice of informal public hearing describes the procedures that will govern this hearing https://www.regulations.gov/ #!documentDetail;D=OSHA-H005C-2006-0870-1706. All other information from this Federal Register notice remains the same.

The Office of the Chief Financial Officer, Farm Service Agency, Commodity Credit Corporation, National Institute of Food and Agriculture, Rural Utilities Service, Rural Business-Cooperative Service and Rural Housing Service finalize their portion of the uniform federal assistance rule and amend specific regulations to reference the conforming changes published by the Office of Management and Budget (OMB) in the Federal Register on December 19, 2014.

The Department of State published a Federal Register interim final rule on February 4, 2016, in Volume 81, No. 23, page 5906. The document contains an error in the Regulatory Findings. This document corrects the rule by replacing the text, ``included elsewhere in this edition of the Federal Register'' with ``published in the Federal Register on February 8, 2016, 81 FR 6430.'' There is also a correction in the ADDRESSES section, to provide the correct public notice number to find the rule to submit comments on www.regulations.gov.

EPA is finalizing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for three chemical substances that were the subject of premanufacture notices (PMNs). This action requires persons who intend to manufacture (including import) or process any of the chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs.

Petitions for Reconsideration (Petitions) have been filed in the Commission's Rulemaking proceeding by Howard S. Shapiro, on behalf of Audio-Technica U.S., Inc., Laura Stefani, on behalf of Sennheiser Electronic Corp., Paul Margie, on behalf of Google Inc., Paula Boyd, on behalf of Microsoft Corporation, Stephen E. Coran, on behalf of Wireless Internet Service Providers Association, Rick Kaplan, on behalf of National Association of Broadcasters, Lawrence J. Movshin, on behalf of WMTS Coalition, Catherine Wang, on behalf of Shure Incorporated, Ari Q. Fitzgerald, on behalf GE Healthcare, Gordon Moore, on behalf of Lectrosonics, Inc. and Telecommunications Law Professionals PLLC, on behalf of Carlson Wireless Technologies, Inc. and Cal.net, Inc.

The Food and Drug Administration (FDA) is classifying the scalp cooling system to reduce the likelihood of chemotherapy-induced alopecia 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 scalp cooling system to reduce the likelihood of chemotherapy-induced alopecia'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.

The Environmental Protection Agency (EPA) is proposing to approve a submittal by the Idaho Department of Environmental Quality (Idaho DEQ) demonstrating that the State Implementation Plan (SIP) meets certain interstate transport requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for nitrogen dioxide (NO2) on January 22, 2010. Specifically, the Idaho DEQ reviewed monitoring and modeling data to show that sources within Idaho do not significantly contribute to nonattainment, or interfere with maintenance, of the NO2 NAAQS in any other state.

The Environmental Protection Agency (EPA) is proposing to approve the State of Tennessee's May 23, 2014, State Implementation Plan (SIP) revision, submitted through the Tennessee Department of Environment and Conservation (TDEC) on behalf of the Shelby County Health Department (SCHD), seeking to modify the SIP by removing the Inspection and Maintenance (I/M) program in the City of Memphis, Tennessee, and by incorporating Shelby County's revised maintenance plan for the 1997 8-hour ozone national ambient air quality standards (NAAQS). Among other things, the revised maintenance plan updates the emissions inventory estimates and the motor vehicle emissions budgets (MVEBs) for the years 2006 and 2021 and contains an emissions reduction measure to offset the emissions increase expected from the termination of City of Memphis I/M program. EPA has preliminarily determined that Tennessee's May 23, 2014, SIP revision is consistent with the applicable provisions of the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is approving a revision to the Title V Operating Permits Program (found in West Virginia's regulations at 45CSR30) submitted by the State of West Virginia. The revision increases West Virginia's annual emission fees for its Title V Operating Permit Program to $28 per ton of emissions of a regulated pollutant from an individual source subject to the West Virginia Title V Operating Permit Program. EPA is approving the revision to West Virginia's Title V Operating Permit Program in accordance with the requirements of the Clean Air Act (CAA).

This regulation establishes an exemption from the requirement of a tolerance for residues of benzyl acetate (CAS Reg. No. 140-11-4), when used as an inert ingredient (solvent) in pesticide formulations applied to growing crops only under 40 CFR 180.920. Technology Sciences Group, on behalf of the Huntsman Corporation, submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of benzyl acetate.

This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans to prescribe interest assumptions under the regulation for valuation dates in March 2016. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.

Based on the agency's evaluation, NHTSA denies a petition for rulemaking from Mr. David K. Aberizk, P.E., of Integrated Consultants Incorporated, who requests the development of safety standards for a driver-activated vehicle regenerative braking interface with distinct rear lighting indication. The petitioner claims that the recommended changes to the relevant safety standards would allow vehicle manufacturers to better utilize the regenerator technology to increase vehicle efficiency. NHTSA finds that some features of the suggested concept are not prohibited by existing Federal motor vehicle safety standards (FMVSS) and notes that Mr. Aberizk did not demonstrate how the other features address a motor vehicle safety need. FMVSS Nos. 108 and 135 currently specify performance requirements relevant to certain permitted technologies identified in the petition.

We are amending the regulations governing the importation of plants for planting to authorize the importation of Phalaenopsis spp. plants for planting from China in approved growing media into the continental United States, subject to a systems approach. The systems approach consists of measures that are currently specified in the regulations as generally applicable to all plants for planting authorized for importation into the United States in approved growing media. This rule allows for the importation of Phalaenopsis spp. plants for planting from China in approved growing media, while providing protection against the introduction of quarantine plant pests.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe Railroad swing span drawbridge across Des Allemands Bayou, mile 14.0, at Des Allemands, St. Charles and Lafourche Parishes, Louisiana. The deviation is necessary to perform a swing span change out to the bridge. This deviation allows the bridge to remain closed-to-navigation continuously for 42 days.