April 6, 2016 – Federal Register Recent Federal Regulation Documents

The Bureau of Indian Affairs (BIA) published a final rule on November 19, 2015, governing rights-of-way on Indian land, which stated that procedural provisions of the final rule would apply (with certain exceptions) to rights-of-way granted or submitted to BIA prior to the effective date of the final rule. This document provides guidance on what provisions the Department considers to be ``procedural provisions'' that are applicable to rights-of-way granted or submitted prior to the effective date of the final rule.

In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM) Southwest Resource Advisory Council (RAC) is scheduled to meet as indicated below.

This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i), that the National Institutes of Health (NIH), Department of Health and Human Services, is contemplating the grant of a worldwide exclusive license to practice the inventions embodied in: HHS Ref. No. E-135-2015/0, U.S. Provisional Patent Application No. 62/ 155,085, filed April 30, 2015, entitled ``Boron Mimics Of Amino Acids And Uses Thereof,'' to Beijing Lanyears Communication Technology, Ltd., a company formed under the laws of the People's Republic of China and having its principle place of business in Beijing, China. The contemplated exclusive license may be limited to boron neutron capture therapy for skin cancer.

The Commission is noticing a recent Postal Service filing concerning notice to enter into an additional Global Expedited Package Services 3 negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

The Internal Revenue Service published a document in the Federal Register of March 22, 2016, concerning the Tax Design Challenge, a crowdsourcing competition, with cash prizes, that the IRS is hosting to begin reimagining the taxpayer experience of the future. The document omitted a requirement for participation.

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is issuing regulations to implement Executive Order 13712 of November 22, 2015 (``Blocking Property of Certain Persons Contributing to the Situation in Burundi''). OFAC intends to supplement this part 554 with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance and additional general licenses and statements of licensing policy.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing a new information collection.

This document responds to seven petitions for reconsideration of certain rules adopted in the First Report and Order (First R&O) in this proceeding, the Commission amends its Part 15 rules governing the operation of unlicensed National Information Infrastructure (U-NII) devices in the 5 GHz band. These rule changes are intended to make broadband technologies more widely available for consumers and businesses by temporarily increasing the in-band power limits and permanently increasing the out-of- band power limits for certain U-NII- 3 band devices. The Commission also takes steps to maintain certain levels of interference protection for other authorized operations within the 5 GHz band.

The Commission will consider a Notice of Proposed Rulemaking that seeks comment on proposals to expand the amount of and access to video described programming, for the benefit of consumers who are blind or visually impaired. 3..................... WIRELINE COMPETITION. TITLE: Protecting the Privacy of Customers of Broadband and other Telecommunications Services. SUMMARY: The Commission will consider a Notice of Proposed Rulemaking seeking comment on a proposed framework for ensuring that consumers have the tools they need to make informed choices about how their data is used and when it is shared by their broadband providers. 2..................... WIRELINE COMPETITION. TITLE: Lifeline and Link Up Reform and Modernization (WC Docket 11-42); Telecommunications Carriers Eligible for Universal Service Support (WC Docket No. 09-197); and Connect America Fund (WC Docket No. 10-90). SUMMARY: The Commission will consider a Third Report and Order, Further Report and Order, and Order on Reconsideration to comprehensively restructure and modernize the Lifeline program to efficiently and effectively connect low-income Americans to broadband, strengthen program oversight and administration, and take additional measures to eliminate waste, fraud, and abuse. Consent Agenda 1..................... MEDIA................ TITLE: Application for a Minor Change to the Facilities of Station WJKN(AM), Jackson, Michigan; and, Application for a Minor Change to the Facilities of Station KTGG(AM), Okemos, Michigan. SUMMARY: The Commission will consider a Memorandum Opinion and Order concerning an Application for Review filed by Christian Family Network's seeking review of a Media Bureau dismissal of CFN's informal objection. 2..................... MEDIA................ TITLE: Urban One Broadcasting Network, LLC Application for Construction Permit for New FM Station WURB(FM), at Cross City, Florida; and, Application for Construction Permit for Minor Modification to WURB(FM), Cross City, Florida. SUMMARY: The Commission will consider a Memorandum Opinion and Order concerning an Application for Review filed by Urban One Broadcasting Network, LLC seeking review of Media Bureau Reconsideration Decision. 3..................... MEDIA................ TITLE: Applications of Powell Meredith Communications Co. and Community Translator Network, LLC for Consent to Assign Construction Permits, K262CM, Needles, California, et al. SUMMARY: The Commission will consider a Memorandum Opinion and Order concerning an Application for Review filed by Amy Meredith, president of Powell Meredith Communications Company seeking review of a Media Bureau Decision. 4..................... MEDIA................ TITLE: Comparative Consideration of Two Groups of Mutually Exclusive Applications for Permits to Construct New Noncommercial Educational FM Stations. SUMMARY: The Commission will consider a Memorandum Opinion and Order which addresses two groups of mutually exclusive applications for new NCE FM station construction permits. 5..................... MEDIA................ TITLE: Christian Family Network, Inc. Application for Reinstatement and Renewal of License of Station DWOLY(AM), Battle Creek, Michigan; and, Request for Special Temporary Authority to Operate Station DWOLY(AM), Battle Creek, Michigan. SUMMARY: The Commission will consider a Memorandum Opinion and Order concerning an Application for Review filed by Christian Family Network, Inc. contesting a Media Bureau dismissal and termination of the operating authority of DWOLY(AM).

The Food and Drug Administration (FDA or we) is announcing the availability of a draft guidance for industry entitled ``Inorganic Arsenic in Rice Cereals for Infants: Action Level,'' a supporting document entitled ``Supporting Document for Action Level for Inorganic Arsenic in Rice Cereals for Infants'' (the supporting document), and a risk assessment report entitled ``Arsenic in Rice and Rice Products Risk Assessment: Report'' (the risk assessment report). The draft guidance, when finalized, will identify for industry an action level for inorganic arsenic in rice cereals for infants that will help protect public health and is achievable with the use of current good manufacturing practice. It also will describe our intended sampling and enforcement approach. The risk assessment report includes a quantitative component (a mathematical model) that estimates occurrence of lung cancer and bladder cancer from long-term exposure to inorganic arsenic in rice and rice products, and a qualitative component that describes our review and evaluation of the scientific literature of certain non-cancer health risks, in certain susceptible life stages, from inorganic arsenic in rice and rice products.

This notice proposes a statement of policy regarding the implementation of the phased increase in domestic content for rolling stock under the Federal Transit Administration's (FTA) Buy America statute, as amended by the Fixing America's Surface Transportation (FAST) Act. The FAST Act was signed into law on December 4, 2015, with an effective date of October 1, 2015. FTA seeks comments from all interested parties. After consideration of the comments, FTA will issue a second Federal Register notice responding to comments and noting any changes made to the policy statement as a result of the comments received.

Summary of Application: Applicants request an order that would permit (a) series of certain open-end management investment companies to issue shares (``Shares'') redeemable in large aggregations only (``Creation Units''); (b) secondary market transactions in Shares to occur at negotiated market prices rather than at net asset value (``NAV''); (c) certain series to pay redemption proceeds, under certain circumstances, more than seven days after the tender of Shares for redemption; (d) certain affiliated persons of the series to deposit securities into, and receive securities from, the series in connection with the purchase and redemption of Creation Units; and (e) certain registered management investment companies and unit investment trusts (``UITs'') outside of the same group of investment companies as the series to acquire Shares. Applicants: Advisors Asset Management Inc. (the ``Initial Adviser'') and AAM ETF Trust (the ``Trust'').

This document denies petitions for reconsideration submitted by bus manufacturers IC Bus, LLC (IC Bus), Daimler Trucks North America (Daimler Trucks) and Prevost, concerning a November 25, 2013 final rule requiring seat belts on large buses. IC Bus and Daimler Trucks petitioned to modify the definition of ``over-the-road bus'' specified in the final rule. NHTSA is denying these petitions because any change to the definition may serve to reduce the standard's applicability, contrary to Congressional and NHTSA intent, and the definition of ``over-the-road bus'' is sufficiently clear. Prevost petitioned to revise the seat belt anchorage strength requirements for last row seats having no passenger seating behind them. NHTSA is denying this petition primarily because the requested force level reduction may set strength levels below an acceptable level for a dynamic environment.

The Department of Veterans Affairs (VA), National Cemetery Administration (NCA), is seeking nominations of qualified candidates to be considered for appointment as a member of the Advisory Committee on Cemeteries and Memorials (herein-after in this section referred to as ``the Committee''). The Committee was established pursuant to 38 U.S.C. 2401 to advise the Secretary of VA with respect to the administration of VA national cemeteries, soldiers' lots and plots, which are the responsibility of the Secretary, the erection of appropriate memorials and the adequacy of Federal burial benefits.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8582-CR, Passive Activity Credit Limitations.

The National Park Service is soliciting comments on the significance of properties nominated before February 20, 2016, for listing or related actions in the National Register of Historic Places.

This action amends Class D Airspace at Bartow Municipal Airport, Bartow, FL, by adjusting the ceiling of the Class D airspace area from 2,600 feet to 1,600 feet above the surface. This change allows the air traffic control tower at Tampa International Airport, Tampa, FL, to carry out Letter of Agreement procedures, already established, between Bartow Air Traffic Control Tower and Tampa Terminal Radar Approach Control (TRACON) for the safety and management of standard instrument approach procedures (SIAPs) and for Instrument Flight Rule (IFR) operations in the area.

We, the U.S. Fish and Wildlife Service (Service), are amending the regulations that implement the Endangered Species Act (Act) by removing inter-subspecific crossed or generic tiger (Panthera tigris) (i.e., specimens not identified or identifiable as members of Bengal, Sumatran, Siberian, or Indochinese subspecies (Panthera tigris tigris, P. t. sumatrae, P. t. altaica, and P. t. corbetti, respectively)) from the list of species that are exempt from registration under the Captive-bred Wildlife (CBW) regulations. The exemption currently allows those individuals or breeding operations who want to conduct otherwise prohibited activities, such as take, interstate commerce, and export under the Act with U.S. captive-bred, live inter-subspecific crossed or generic tigers, to do so without becoming registered. We make this change to the regulations to strengthen control over commercial movement and sale of tigers in the United States and to ensure that activities involving inter-subspecific crossed or generic tigers are consistent with the purposes of the Act. Inter-subspecific crossed or generic tigers are listed as endangered under the Act, and a person will need to obtain authorization under the current statutory and regulatory requirements to conduct any otherwise prohibited activities with them.

The U.S. Small Business Administration (SBA) proposes to amend its disaster loan program regulations in response to changes made to the Small Business Act (the Act) by the Recovery Improvements for Small Entities After Disaster Act of 2015 (the RISE Act). The first change would expand the definition of a mitigating measure to include the construction of a safe room or similar storm shelter designed to protect property and occupants. The second change would allow for an increase of the unsecured threshold for physical damage loans for non- major disasters. The third change would allow SBA to increase loan amounts to address contractor malfeasance. In addition, SBA proposes to make several technical corrections to conform certain regulatory provisions to existing statutory authority and remove an obsolete reference in part 123.