April 27, 2016 – Federal Register Recent Federal Regulation Documents

Federal Credit Union Occupancy, Planning, and Disposal of Acquired and Abandoned Premises; Incidental Powers
Document Number: 2016-09867
Type: Proposed Rule
Date: 2016-04-27
Agency: National Credit Union Administration, Agencies and Commissions
As part of NCUA's Regulatory Modernization Initiative, the NCUA Board (Board) is issuing for public comment a proposed rule to amend its regulation governing federal credit union (FCU) occupancy, planning, and disposal of acquired and abandoned premises, and its regulation regarding incidental powers. To provide regulatory relief to FCUs, the proposal eliminates a requirement in the current occupancy rule (formerly known as the fixed assets rule) that an FCU must plan for, and eventually achieve, full occupancy of acquired premises. The proposal generally retains the current regulatory timeframes for partial occupancy. However, it modifies the definition of ``partially occupy'' to mean occupation and use, on a full-time basis, of at least fifty percent of the premises by the FCU, or by a combination of the FCU and a credit union service organization (CUSO) in which the FCU has a controlling interest in accordance with Generally Accepted Accounting Principles (GAAP). The proposal also amends the excess capacity provision in NCUA's incidental powers rule to clarify that an FCU may lease or sell excess capacity in its facilities, but it need not anticipate that such excess capacity will be fully occupied by the FCU in the future. However, the sale or lease of excess capacity in equipment or services, including employee-sharing and data processing for third parties, continues to be limited to circumstances where an FCU reasonably anticipates that such excess capacity will be taken up by the future expansion of services to members.
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Purse Seine Observer Requirements, and Fishing Restrictions and Limits in Purse Seine and Longline Fisheries for 2016-2017
Document Number: 2016-09856
Type: Proposed Rule
Date: 2016-04-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS seeks comments on this proposed rule issued under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act). The proposed rule would, first, require that U.S. purse seine vessels carry observers on fishing trips in the western and central Pacific Ocean (WCPO); second, establish restrictions in 2016 and 2017 on the use of fish aggregating devices (FADs) by U.S. purse seine vessels in the WCPO; and third, establish limits in 2016 and 2017 on the amount of bigeye tuna that may be captured by U.S. longline vessels in the WCPO. This action is necessary to satisfy the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party.
State Inspection Programs for Passenger-Carrier Vehicles
Document Number: 2016-09846
Type: Proposed Rule
Date: 2016-04-27
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it is considering a rulemaking that would require the States to establish a program for annual inspections of commercial motor vehicles (CMVs) designed or used to transport passengers (or, passenger-carrying CMVs). FMCSA plans to assess the risks associated with improperly maintained or inspected passenger- carrying CMVs by reviewing the effectiveness of existing Federal inspection standards that are applicable to these types of vehicles, and considering the costs and benefits of having a mandatory inspection program.
National Organic Program (NOP); Sunset 2016 Amendments to the National List; Correction
Document Number: 2016-09838
Type: Proposed Rule
Date: 2016-04-27
Agency: Agricultural Marketing Service, Department of Agriculture
This document contains a correction to the proposed rule which was published on December 16, 2015 (80 FR 78150). In the proposed rule, the Regulatory Information Number (RIN) appears as RIN 0581-AD39. This number is incorrect. The correct number is 0581-AD43. This document corrects the proposed rule.
Television Broadcasting Services; Tolleson, Arizona
Document Number: 2016-09831
Type: Proposed Rule
Date: 2016-04-27
Agency: Federal Communications Commission, Agencies and Commissions
The Commission has before it a petition for rulemaking filed by America 51, L.P. (America 51), the licensee of KPPX-TV, channel 51, Tolleson, Arizona, requesting the substitution of channel 31 for channel 51 at Tolleson. While the Commission instituted a freeze on the acceptance of full power television rulemaking petitions requesting channel substitutions in May 2011, it subsequently announced that it would lift the freeze to accept such petitions for rulemaking seeking to relocate from channel 51 pursuant to a voluntary relocation agreement with Lower 700 MHz A Block licensees. America 51 has entered into such a voluntary relocation agreement with T-Mobile and states that operation on channel 31 would remove any potential interference with authorized wireless operations in the Lower 700 MHZ A Block adjacent to channel 51 in the Phoenix, Arizona market, permitting those operations to expand to additional consumers sooner than would otherwise be possible.
Television Broadcasting Services; Cordele, Georgia
Document Number: 2016-09830
Type: Proposed Rule
Date: 2016-04-27
Agency: Federal Communications Commission, Agencies and Commissions
The Commission has before it a petition for rulemaking filed by Sunbelt-South TeleCommunications, Ltd. (Sunbelt), the licensee of WSST-TV, channel 51, Cordele, Georgia, requesting the substitution of channel 22 for channel 51 at Cordele. While the Commission instituted a freeze on the acceptance of full power television rulemaking petitions requesting channel substitutions in May 2011, it subsequently announced that it would lift the freeze to accept such petitions for rulemaking seeking to relocate from channel 51 pursuant to a voluntary relocation agreement with Lower 700 MHz A Block licensees. Sunbelt has entered into such a voluntary relocation agreement with T-Mobile USA, Inc. and states that operation on channel 22 would remove any potential interference with authorized wireless operations in the Lower 700 MHZ A Block adjacent to channel 51.
Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board; Correction
Document Number: 2016-09814
Type: Rule
Date: 2016-04-27
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) published a final rule in the Federal Register on April 1, 2016, revising the rules related to trial practice for inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings that implemented provisions of the Leahy-Smith America Invents Act (``AIA'') providing for trials before the Office. This document corrects an error in that final rule.
Optional Method of Filing Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984
Document Number: 2016-09760
Type: Rule
Date: 2016-04-27
Agency: Federal Maritime Commission, Agencies and Commissions
The Federal Maritime Commission (FMC or Commission) amends its regulations relating to the method of filing Ocean Common Carrier and Marine Terminal Operator Agreements to provide for optional filing of these agreements through a new electronic filing system. This optional filing system is intended to facilitate more efficient filing, review, and publication of these agreements.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer
Document Number: 2016-09726
Type: Rule
Date: 2016-04-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the Commonwealth of Virginia is transferring a portion of its 2016 commercial summer flounder quota to the Commonwealth of Massachusetts. These quota adjustments are necessary to comply with the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan quota transfer provision. This announcement informs the public of the revised commercial quotas for Virginia and Massachusetts.
Prevailing Rate Systems; Redefinition of the Asheville, NC, and Charlotte, NC, Appropriated Fund Federal Wage System Wage Areas
Document Number: 2016-09701
Type: Proposed Rule
Date: 2016-04-27
Agency: Office of Personnel Management
The U.S. Office of Personnel Management (OPM) is issuing a proposed rule that would redefine the geographic boundaries of the Asheville, NC, and Charlotte, NC, appropriated fund Federal Wage System (FWS) wage areas. The proposed rule would redefine Alexander and Catawba Counties, NC, from the Charlotte wage area to the Asheville wage area. These changes are based on a recent consensus recommendation of the Federal Prevailing Rate Advisory Committee (FPRAC) to best match the counties proposed for redefinition to a nearby FWS survey area. There are no FWS employees stationed in Alexander or Catawba Counties.
Reporting of Original Issue Discount on Tax-Exempt Obligations; Basis and Transfer Reporting by Securities Brokers for Debt Instruments and Options; Correction
Document Number: 2016-09698
Type: Rule
Date: 2016-04-27
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to final regulations (TD 9750) that published in the Federal Register on Thursday, February 18, 2016 (81 FR 8149). The final regulations relates to information reporting by brokers for transactions involving debt instruments and options, including the reporting of original issue discount (OID) on tax-exempt obligations, the treatment of certain holder elections for reporting a taxpayer's adjusted basis in a debt instrument, and transfer reporting for section 1256 options and debt instruments.
Reporting of Original Issue Discount on Tax-Exempt Obligations; Basis and Transfer Reporting by Securities Brokers for Debt Instruments and Options; Correction
Document Number: 2016-09697
Type: Rule
Date: 2016-04-27
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to final regulations (TD 9750) that were published in the Federal Register on Thursday, February 18, 2016 (81 FR 8149). The final regulations relate to information reporting by brokers for transactions involving debt instruments and options, including the reporting of original issue discount (OID) on tax-exempt obligations, the treatment of certain holder elections for reporting a taxpayer's adjusted basis in a debt instrument, and transfer reporting for section 1256 options and debt instruments.
Airworthiness Directives; Pratt & Whitney Division Turbofan Engines
Document Number: 2016-09687
Type: Rule
Date: 2016-04-27
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Pratt & Whitney Division (PW) PW4000-94 inch and PW4000-100 inch model turbofan engines. This AD was prompted by a report of a crack found in the high-pressure compressor (HPC) 10th stage disk. This AD requires performing an ultrasonic inspection (USI) or an eddy current inspection (ECI) of the HPC 10th stage disk. We are issuing this AD to prevent failure of the HPC 10th stage disk, uncontained disk release, damage to the engine, and damage to the airplane.
Airworthiness Directives; General Electric Company Turbofan Engines
Document Number: 2016-09686
Type: Rule
Date: 2016-04-27
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all General Electric Company (GE) CF6-80C2A1, CF6-80C2A2, CF6-80C2A3, CF6- 80C2A5, CF6-80C2A5F, CF6-80C2A8, CF6-80C2B1, CF6-80C2B1F, CF6-80C2B1F1, CF6-80C2B1F2, CF6-80C2B2, CF6-80C2B2F, CF6-80C2B3F, CF6-80C2B4, CF6- 80C2B4F, CF6-80C2B5F, CF6-80C2B6, CF6-80C2B6F, CF6-80C2B6FA, CF6- 80C2B7F, CF6-80C2B8F, CF6-80C2D1F, CF6-80C2L1F, CF6-80C2K1F and CF6- 80E1A1, CF6-80E1A2, CF6-80E1A3, CF6-80E1A4, and CF6-80E1A4/B turbofan engines. This AD was prompted by reports of a burn-through of the accessory heat shield during an engine fire, propagating the fire into the accessory compartment and igniting additional flammable fuel source. This AD requires replacing the accessory heat shield assembly. We are issuing this AD to prevent fires from propagating into the accessory compartment, resulting in an uncontrolled engine fire, and damage to the airplane.
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; American Fisheries Act; Amendment 111
Document Number: 2016-09680
Type: Rule
Date: 2016-04-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this final rule to implement Amendment 111 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). This final rule reduces bycatch limits, also known as prohibited species catch (PSC) limits, for Pacific halibut in the Bering Sea and Aleutian Islands (BSAI) groundfish fisheries by specific amounts in four groundfish sectors: The Amendment 80 sector (non-pollock trawl catcher/processors); the BSAI trawl limited access sector (all non-Amendment 80 trawl fishery participants); the non-trawl sector (primarily hook-and-line catcher/ processors); and the Western Alaska Community Development Quota Program (CDQ Program). This final rule establishes the following halibut PSC limits: 1,745 mt for the Amendment 80 sector; 745 mt for the BSAI trawl limited access sector; 710 mt for the BSAI non-trawl sector; and 315 mt for the CDQ Program. This results in an overall BSAI halibut PSC limit of 3,515 mt. This action is necessary to minimize halibut bycatch in the BSAI groundfish fisheries to the extent practicable and to achieve, on a continuing basis, optimum yield from the BSAI groundfish fisheries. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.
Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998
Document Number: 2016-09674
Type: Rule
Date: 2016-04-27
Agency: Office of Personnel Management
The Office of Personnel Management (OPM) is issuing this final regulation to adopt as final the interim final regulation published on December 4, 2012. The regulation implements section 8705 of title 5, United States Code regarding the effect of any court decree of divorce, annulment, or legal separation, or any court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation (hereinafter ``court order'') where the court order expressly provides that an individual receive Federal Employee's Group Life Insurance (FEGLI) benefits. The regulations will allow court orders submitted to the appropriate Federal agency before July 22, 1998 to be effective for providing FEGLI benefits if the court order was received in the appropriate office before the insured Federal employee's or annuitant's death. This revision does not affect the current statutory limitation that court orders apply only when FEGLI benefits are based on insured individuals who died on or after July 22, 1998.
Endangered and Threatened Wildlife and Plants; Determination That Designation of Critical Habitat Is Not Prudent for the Northern Long-Eared Bat
Document Number: 2016-09673
Type: Rule
Date: 2016-04-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have reconsidered whether designating critical habitat for the northern long-eared bat (Myotis septentrionalis) is prudent. We have determined that such a designation is not prudent. We listed the northern long- eared bat as a threatened species under the Endangered Species Act of 1973, as amended (Act), on April 2, 2015. At the time the species was listed, we determined that designation of critical habitat was prudent, but not determinable. Since that time, information has come available that demonstrates that designating the wintering habitat as critical habitat for the bat would likely increase the threat from vandalism and disturbance, and could, potentially, increase the spread of white-nose syndrome. In addition, designating the summer habitat as critical habitat would not be beneficial to the species, because there are no areas within the summer habitat that meet the definition of critical habitat. Thus, we have determined that the designation of critical habitat is not prudent for the northern long-eared bat.
Airworthiness Directives Legal Interpretation
Document Number: 2016-09667
Type: Rule
Date: 2016-04-27
Agency: Federal Aviation Administration, Department of Transportation
The Federal Aviation Administration is issuing a legal interpretation on regulations applicable to airworthiness directives. This legal interpretation responds to questions asked by an Aviation Rulemaking Committee and is intended to resolve certain issues for the public.
Airworthiness Directives; Airbus Airplanes
Document Number: 2016-09641
Type: Proposed Rule
Date: 2016-04-27
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede Airworthiness Directive (AD) 2014-12- 06, for certain Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes); and Airbus Model A310 series airplanes. AD 2014-12-06 currently requires inspections of the external area of the aft cargo door sill beam for cracking, and repair if necessary. Since we issued AD 2014-12-06, we have determined it is necessary to require that high frequency eddy current (HFEC) inspections be performed repetitively. This proposed AD would mandate the previously optional terminating HFEC inspection, and require that it be done repetitively. We are proposing this AD to detect and correct fatigue cracking of the cargo door sill beam, lock fitting, and torsion box plate. Failure of one or more of these components could result in the loss of the door locking function and, subsequently, complete loss of the cargo door in flight with the risk of rapid decompression.
Federal Regulation Supplement: Revisions to Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (NASA Case 2015-N030)
Document Number: 2016-09625
Type: Proposed Rule
Date: 2016-04-27
Agency: National Aeronautics and Space Administration, Agencies and Commissions
NASA is proposing to amend the NASA regulation, titled Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to modify the requirements related to information contained in a Federal award for commercial firms with no cost sharing requirement and to add new or modify existing terms and conditions related to indirect cost charges and access to research results.
Ocean Disposal; Designation of a Dredged Material Disposal Site in Eastern Region of Long Island Sound; Connecticut
Document Number: 2016-09603
Type: Proposed Rule
Date: 2016-04-27
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) proposes to designate one dredged material disposal site, the Eastern Long Island Sound Disposal Site (ELDS) located offshore from New London, Connecticut, for the disposal of dredged material from harbors and navigation channels in eastern Long Island Sound in the states of Connecticut and New York. This action is necessary to provide a long- term, open-water dredged material disposal site as an alternative for the possible future disposal of such material. This disposal site designation is subject to various restrictions designed to support the goal of reducing or eliminating the disposal of dredged material in Long Island Sound. While EPA is currently proposing to designate the ELDS as its preferred alternative, EPA also has concluded, based on the analysis in the Draft Supplemental Environmental Impact Statement for the Designation of Dredged Material Disposal Site(s) in Eastern Long Island Sound, Connecticut and New York (DSEIS), that two other alternatives, the Niantic Bay and Cornfield Shoals disposal sites (NBDS and CSDS), or portions thereof, could potentially be designated in addition to, or instead of, the ELDS. EPA is not currently recommending the NBDS and CSDS as preferred alternatives, but is inviting public comments on the option of designating one or both of these sites instead of, or as a complement to, the ELDS.
Department of State Acquisition Regulation; Technical Amendments
Document Number: 2016-09570
Type: Rule
Date: 2016-04-27
Agency: Department of State
The Department of State is amending the Department of State Acquisition Regulation (DOSAR) to make non-substantive corrections and editorial changes.
Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders
Document Number: 2016-09435
Type: Proposed Rule
Date: 2016-04-27
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for Schempp-Hirth Flugzeugbau GmbH Models Discus-2a, Discus-2b, Discus-2c, Discus 2cT, Ventus-2a, and Ventus-2b gliders. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as insufficient overlap of the airbrake panels. We are issuing this proposed AD to require actions to address the unsafe condition on these products.
Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Proposed Policy Changes and Fiscal Year 2017 Rates; Quality Reporting Requirements for Specific Providers; Graduate Medical Education; Hospital Notification Procedures Applicable to Beneficiaries Receiving Observation Services; and Technical Changes Relating to Costs to Organizations and Medicare Cost Reports
Document Number: 2016-09120
Type: Proposed Rule
Date: 2016-04-27
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
We are proposing to revise the Medicare hospital inpatient prospective payment systems (IPPS) for operating and capital-related costs of acute care hospitals to implement changes arising from our continuing experience with these systems for FY 2017. Some of the proposed changes would implement certain statutory provisions contained in the Pathway for Sustainable Growth (SGR) Reform Act of 2013, the Improving Medicare Post-Acute Care Transformation Act of 2014, the Notice of Observation Treatment and Implications for Care Eligibility Act of 2015, and other legislation. We also are providing the estimated market basket update to apply to the rate-of-increase limits for certain hospitals excluded from the IPPS that are paid on a reasonable cost basis subject to these limits for FY 2017. We are proposing to update the payment policies and the annual payment rates for the Medicare prospective payment system (PPS) for inpatient hospital services provided by long-term care hospitals (LTCHs) for FY 2017. In addition, we are proposing to make changes relating to direct graduate medical education (GME) and indirect medical education (IME) payments to hospitals with rural track training programs. We are proposing to establish new requirements or revise requirements for quality reporting by specific providers (acute care hospitals, PPS- exempt cancer hospitals, LTCHs, and inpatient psychiatric facilities) that are participating in Medicare, including related provisions for eligible hospitals and critical care hospitals (CAHs) participating in the Electronic Health Record (EHR) Incentive Program. We are proposing to update policies relating to the Hospital Value-Based Purchasing (VBP) Program, the Hospital Readmissions Reduction Program, and the Hospital-Acquired Condition (HAC) Reduction Program. We also are proposing to: Implement statutory provisions that require hospitals and CAHs to furnish notification to Medicare beneficiaries, including Medicare Advantage enrollees, when the beneficiaries receive outpatient observation services for more than 24 hours; announce the implementation of the Frontier Community Health Integration Project Demonstration; and make technical corrections and changes to regulations relating to costs to organizations and Medicare cost reports.
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