April 2016 – Federal Register Recent Federal Regulation Documents

This document contains temporary regulations that address transactions that are structured to avoid the purposes of sections 7874 and 367 of the Internal Revenue Code (the Code) and certain post- inversion tax avoidance transactions. These regulations affect certain domestic corporations and domestic partnerships whose assets are directly or indirectly acquired by a foreign corporation and certain persons related to such domestic corporations and domestic partnerships. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register. The final regulations revise and add cross- references to coordinate the application of the temporary regulations.

This document withdraws portions of a notice of proposed rulemaking published in the Federal Register on February 11, 2009. The withdrawn portions relate to the application of section 367(b) to transactions described in section 304(a)(1). This document also withdraws portions of a notice of proposed rulemaking published in the Federal Register on January 17, 2014. The withdrawn portions relate to the identification of certain stock of a foreign corporation that is disregarded in calculating ownership of the foreign corporation for purposes of determining whether it is a surrogate foreign corporation for purposes of section 7874.

The Department of Transportation (``Department,'' ``DOT,'' or ``we'') announces its intent to establish a negotiated rulemaking (Reg- Neg) committee to negotiate and develop proposed amendments to the Department's disability regulation on three issues: Whether to require accessible inflight entertainment (IFE) and strengthen accessibility requirements for other in-flight communications; whether to require an accessible lavatory on new single-aisle aircraft over a certain size; and whether to amend the definition of ``service animals'' that may accompany passengers with a disability on a flight. The committee will include representatives of organizations or groups with interests that are affected significantly by the subject matter of the proposed regulation. The Department anticipates that the interested parties may include disability advocacy organizations, airlines, airports, and aircraft manufacturers. The Department seeks comment on the establishment of the Accessible Air Transportation (ACCESS) Advisory Committee, the issues to be addressed, and the proposed list of stakeholder types to be represented on the Committee. We also invite nominations or applications for membership on the ACCESS Advisory Committee. To the extent it can do so consistent with the goal of ensuring effective representation and necessary expertise, the Department will select individuals who reflect the diversity among the organizations or groups represented.

The Department of Education published final regulations for Program Integrity and Improvement in the Federal Register on October 30, 2015 (80 FR 67125). This document corrects errors in the final regulations.

The Environmental Protection Agency, Region IX, is making a tentative determination to approve two Site Specific Flexibility Requests (SSFRs) from Imperial County (County or Imperial County) to close and monitor the Picacho Solid Waste Landfill (Picacho Landfill or Landfill). The Picacho Landfill is a commercial municipal solid waste landfill (MSWLF) operated by Imperial County from 1977 to the present on the Quechan Indian Tribe of the Fort Yuma Indian Reservation in California. Imperial County is seeking approval from EPA to use an alternative final cover and to modify the prescribed list of detection-monitoring parameters for ongoing monitoring. The Quechan Indian Tribe (Tribe) reviewed the proposed SSFRs and determined that they met tribal requirements. EPA is now seeking public comment on EPA's tentative determination to approve the SSFRs.

NMFS specifies an annual catch limit (ACL) of 326,000 lb for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2015-16 fishing year. As an accountability measure (AM), if the ACL is projected to be reached, NMFS would close the commercial and non- commercial fisheries for MHI Deep 7 bottomfish for the remainder of the fishing year. The ACL and AM specifications support the long-term sustainability of Hawaii bottomfish.

The Coast Guard announces that it has received approval from the Office of Management and Budget for an information collection request associated with automatic identification system requirements in a final rule we published in the Federal Register on January 30, 2015. In that rule we stated we would publish a document in the Federal Register announcing the effective date of these collection-of- information related paragraphs. This rule establishes today as the effective date for those paragraphs.

The Assistant Secretary for Special Education and Rehabilitative Services announces a priority under the Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind program. The Assistant Secretary may use this priority for competitions in fiscal year 2016 and later years. We take this action to provide training and technical assistance to better prepare novice interpreters to become highly qualified nationally certified sign language interpreters.

The Office of Labor-Management Standards of the Department of Labor (``Department'') published a final rule on March 24, 2016. The final rule revises the Form LM-20 Agreement and Activities Report and the Form LM-10 Employer Report, which are filed with the Department pursuant to the Labor-Management Reporting and Disclosure Act (LMRDA). In the final rule, the Department revises its interpretation of the advice exemption in section 203(c) of the LMRDA to better effectuate section 203's requirement that employers and their labor relations consultants report activities undertaken with an object, directly or indirectly, to persuade employees about how to exercise their rights to union representation and collective bargaining. The revised interpretation provides employees with important information that would enable them to consider the source of the information about union representation directed at them when assessing the merits of the arguments and deciding how to exercise their rights. The Department has also revised the forms and instructions to make them more user-friendly and to require more detailed reporting on employer and consultant agreements. Additionally, with this rule, the Department requires that Forms LM-10 and LM-20 be filed electronically. In accordance with the Paperwork Reduction Act (PRA), the Department of Labor announces that the Office of Management and Budget has approved the information collection requirements contained in the final rule.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's Ensuring Continuity of 911 Communications Report and Order's (Order) consumer disclosure requirement. This document is consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules.

We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the Big Sandy crayfish (Cambarus callainus), a freshwater crustacean from Kentucky, Virginia, and West Virginia, and endangered status for the Guyandotte River crayfish (C. veteranus), a freshwater crustacean from West Virginia. This rule adds these species to the Federal List of Endangered and Threatened Wildlife.

The Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rulemaking proposes to add eight sites to the General Superfund section of the NPL. This proposed rule also withdraws a previous proposal to add a site to the NPL.

The Consumer Product Safety Commission (``Commission'' or ``CPSC'') is issuing a final rule amending the regulations for the Safety Standard for Automatic Residential Garage Door Operators to reflect changes made by Underwriters Laboratories, Inc. (``UL''), in the entrapment protection provisions in UL's standard UL 325, Sixth Edition, ``Standard for Safety for Door, Drapery, Gate, Louver, and Window Operators and Systems.''

This document announces that the FAA will designate Newark Liberty International Airport (EWR) as a Level 2, schedule-facilitated airport under the International Air Transport Association (IATA) Worldwide Slot Guidelines (WSG) effective for the Winter 2016 scheduling season, which begins on October 30, 2016. The FAA has determined this designation is necessary based on an updated demand and capacity analysis of the airport. The current FAA Order designating EWR as a Level 3, slot-controlled airport will expire on October 29, 2016.

The Department of State (the Department) finalizes its revisions to its regulations implementing the Freedom of Information Act (FOIA) and the Privacy Act. The final rule reflects changes in FOIA and other statutes and consequent changes in the Department's procedures since the last revision of the Department's regulations on this subject.

This rule adopts as final a proposed rule of the Department of Veterans Affairs (VA) to amend its regulations concerning the provision of health care to birth children of Vietnam veterans and veterans of covered service in Korea diagnosed with spina bifida, except for spina bifida occulta, and certain other birth defects. In the proposed rule published on May 15, 2015, VA proposed changes to more clearly define the types of health care VA provides, including day health care and health-related services, which we defined as homemaker or home health aide services that provide assistance with Activities of Daily Living or Instrumental Activities of Daily Living that have therapeutic value. We also proposed changes to the list of health care services that require preauthorization by VA. This final rule addresses comments received from the public and adopts as final the proposed rule, without change.

The Department of Homeland Security is giving concurrent notice of an updated and reissued system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/U.S. Customs and Border Protection-014 Regulatory Audit Archive System of Records'' and this proposed rulemaking. This system of records will continue to manage audits that are part of DHS/CBP's continuing oversight of customs brokers, importers, and other parties engaged in international trade activities, that are the subject of a regulatory audit or are identified in and related to the scope of an audit report. In this proposed rulemaking, the Department proposes to reduce the number of exemptions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

This document proposes to amend the FM Table of Allotments by allotting Channel 300A at Raymond, Washington, as the community's second or third local service. After the filing of the petition, a change of community application was filed for Station KBSG(FM) from Westport, Washington, to Raymond, Washington. Therefore, if the application is granted prior to the issuance of the Report and Order in this proceeding, Channel 300A would be a third local service at Raymond, if allotted. A staff engineering analysis indicates that Channel 300A can be allotted to Raymond consistent with the minimum distance separation requirements of the Commission's Rules with a site restriction 4.7 kilometers (3.0 miles) southwest of the community. The reference coordinates are 46-38-49 NL and 123-45-11 WL.

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.

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.

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.

As part of the Commission's systematic review of all current FTC rules and guides, the Commission requests public comment on the overall costs, benefits, necessity, and regulatory and economic impact of the FTC's ``Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation'' (the ``R-value Rule'' or ``Rule'').

NMFS and USFWS issue a final rule to list 11 distinct population segments (DPSs) of the green sea turtle (Chelonia mydas; hereafter referred to as the green turtle) under the Endangered Species Act (ESA). Based on the best available scientific and commercial data, and after considering comments on the proposed rule, we have determined that three DPSs are endangered species and eight DPSs are threatened species. This rule supersedes the 1978 final listing rule for green turtles. It applies the existing protective regulations to the DPSs. Critical habitat is not determinable at this time but will be proposed in a future rulemaking. In the interim, the existing critical habitat designation (i.e., waters surrounding Culebra Island, Puerto Rico) remains in effect for the North Atlantic DPS.