February 2016 – Federal Register Recent Federal Regulation Documents

The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC is revising its regulations to reflect the fees and charges levied by the SLSMC in Canada starting in the 2016 navigation season, which are effective only in Canada. An amendment to increase the minimum charge per lock for those vessels that are not pleasure craft or subject in Canada to tolls under items 1 and 2 of the Tariff for full or partial transit of the Seaway will apply in the U.S. (See SUPPLEMENTARY INFORMATION.)

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The Drug Enforcement Administration proposes placing quinolin- 8-yl 1-pentyl-1H-indole-3-carboxylate (PB-22; QUPIC), quinolin-8-yl 1- (5-fluoropentyl)-1H-indole-3-carboxylate (5-fluoro-PB-22; 5F-PB-22), N- (1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-inda zole-3- carboxamide (AB-FUBINACA) and N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)- 1-pentyl-1H-indazole-3-carboxamide (ADB-PINACA), including their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, into schedule I of the Controlled Substances Act. This proposed scheduling action is pursuant to the Controlled Substances Act which requires that such actions be made on the record after opportunity for a hearing through formal rulemaking. If finalized, this action would impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess), or propose to handle PB- 22, 5F-PB-22, AB-FUBINACA, or ADB-PINACA.

The Administrator of the Drug Enforcement Administration is issuing this final order to temporarily schedule the synthetic cannabinoid N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1- (cyclohexylmethyl)-1H-indazole-3-carboxamide (common names, MAB- CHMINACA and ADB-CHMINACA), and its optical, positional, and geometric isomers, salts, and salts of isomers into schedule I pursuant to the temporary scheduling provisions of the Controlled Substances Act. This action is based on a finding by the Administrator that the placement of this synthetic cannabinoid into schedule I of the Controlled Substances Act is necessary to avoid an imminent hazard to the public safety. As a result of this order, the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances will be imposed on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess), or propose to handle, MAB-CHMINACA.

The Coast Guard proposes to establish a special local regulation on the waters of Charleston Harbor in Charleston, SC during the Charleston Race Week from April 15, 2016 through April 17, 2016. This special local regulation is necessary to ensure the safety of participants, spectators, and the general public during the event. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port Charleston or a designated representative.

The South Atlantic Fishery Management Council (Council) has submitted Amendment 35 to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic Region (FMP) for review, approval, and implementation by NMFS. Amendment 35 would remove black snapper, mahogany snapper, dog snapper, and schoolmaster from the FMP; and clarify the Council's intent regarding the golden tilefish longline endorsement program.

The Legal Services Corporation (LSC or the Corporation) is required by law to establish maximum income levels for individuals eligible for legal assistance. This document updates the specified income levels to reflect the annual amendments to the Federal Poverty Guidelines issued by the Department of Health and Human Services (HHS).

Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (MSA), this proposed rule would establish filing and recordkeeping procedures relating to the importation of certain fish and fish products, in order to implement the MSA's prohibition on the import and trade, in interstate or foreign commerce, of fish taken, possessed, transported or sold in violation of any foreign law or regulation. The information to be filed is proposed to be collected at the time of entry, and makes use of an electronic single window consistent with the Safety and Accountability for Every (SAFE) Port Act of 2006 and other applicable statutes. Specifically, NMFS proposes to integrate collection of catch and landing documentation for certain fish and fish products within the government-wide International Trade Data System (ITDS) and require electronic information collection through the Automated Commercial Environment (ACE) maintained by the Department of Homeland Security, Customs and Border Protection (CBP). Under these procedures, NMFS would require an annually renewable International Fisheries Trade Permit (IFTP) and specific data for certain fish and fish products to be filed and retained as a condition of import to enable the United States to exclude the entry into commerce of products of illegal fishing activities. The information to be collected and retained will help authorities verify that the fish or fish products were lawfully acquired by providing information that traces each import shipment from point of harvest to entry-into commerce. The rule will also decrease the incidence of seafood fraud by collecting information at import and requiring retention of documentation so that the information reported (e.g., regarding species and harvest location) can be verified. This proposed rule stipulates the catch and landing data for imports of certain fish and fish products which would be required to be submitted electronically to NMFS through ACE and the requirements for recordkeeping concerning such imports.

We are revising an earlier proposed airworthiness directive (AD) for certain Airbus Model A330-200 and -300 series airplanes; and Model A340-200 and -300 series airplanes. The NPRM proposed to supersede AD 2009-15-17 to continue to require inspections for damage to the protective treatments or any corrosion of all main landing gear (MLG) bogie beams, application of protective treatments, and corrective action if necessary. The NPRM also proposed to require modification of the MLG bogie beams, to allow optional methods of compliance for certain actions, and to add airplanes to the applicability. The first supplemental notice of proposed rulemaking (SNPRM) proposed to revise the compliance times and add a one-time inspection for certain airplanes. The NPRM was prompted by reports of thin paint coats and paint degradation on enhanced MLG bogie beams. This second SNPRM proposes to clarify the required actions and the specific configurations to which the actions must be applied. We are proposing this second SNPRM to detect and correct damage or corrosion of the MLG bogie beams, which could cause a runway excursion event, bogie beam detachment from the airplane, or MLG collapse, and could result in damage to the airplane and injury to the occupants. Since these actions impose an additional burden over those proposed in the first SNPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

This document announces the publication of the regulatory provisions which formalize the initial approval of the Maine State and Local Government Only State Plan.

The Department of Homeland Security (DHS), with the concurrence of the U.S. Office of Government Ethics (OGE), is finalizing this rule to supplement the OGE Standards of Ethical Conduct for Employees of the Executive Branch (OGE Standards) for DHS employees. These regulations supplement the OGE Standards and, among other things, set forth employee restrictions on the purchase of certain Government-owned property; require employees to report allegations of waste, fraud, and abuse; require employees to seek prior approval for certain outside employment and activities; prohibit employees in some DHS components from engaging in certain types of outside employment activities; and require designated components to develop instructions regarding the procedures for obtaining prior approval for outside employment and activities. These regulations also designate components within DHS as separate agencies for purposes of determining whether the donor of a gift is a ``prohibited source'' and of identifying an employee's agency for the regulations governing teaching, speaking, and writing. This rulemaking is necessary in view of DHS programs and operations; DHS is comprised of numerous legacy agencies which have varying or no supplemental ethics regulations. This final rule follows publication of a proposed rule on October 12, 2011. We considered public comments on the proposed rule while revising this final rule. This final rule includes revisions to the definition of ``outside employment'' and the additional provisions applicable only to employees of the U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement.

We announce our intention to establish a negotiated rulemaking committee prior to publishing proposed regulations to implement part A of title I, Improving Basic Programs Operated by Local Educational Agencies, of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA). The negotiating committee will include representatives of constituencies that are significantly affected by the topics proposed for negotiations, including Federal, State, and local education administrators, tribal leadership, parents and students, including historically underrepresented students, teachers, principals, other school leaders (including charter school leaders), paraprofessionals, members of State and local boards of education, the civil rights community, including representatives of students with disabilities, English learners, and other historically underserved students, and the business community. We request nominations for individual negotiators who represent key stakeholder constituencies for the issues to be negotiated to serve on the committee, and we set a schedule for committee meetings.