June 22, 2016 – Federal Register Recent Federal Regulation Documents

Safety Zone; Detroit River Days Air Show, Detroit River, Detroit, MI
Document Number: 2016-14817
Type: Rule
Date: 2016-06-22
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the waters of the Detroit River in the vicinity of Detroit, MI. This zone is intended to restrict and control movement of vessels in a portion of the Detroit River. This zone is necessary to protect spectators and vessels from potential hazards associated with the Detroit River Days Air Show.
Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities
Document Number: 2016-14816
Type: Proposed Rule
Date: 2016-06-22
Agency: Environmental Protection Agency
This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.
Fisheries of the Northeastern United States; Spiny Dogfish Fishery; Proposed 2016-2018 Specifications
Document Number: 2016-14815
Type: Proposed Rule
Date: 2016-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This rulemaking proposes catch limits, commercial quotas, and possession limits for the spiny dogfish fishery for the 2016-2018 fishing years. The proposed action was developed by the Mid-Atlantic and New England Fishery Management Councils pursuant to the fishery specification requirements of the Spiny Dogfish Fishery Management Plan. These management measures are supported by the best available scientific information and reflect recent declines in spiny dogfish biomass, and are expected to result in minor positive economic impacts for the spiny dogfish fishery while maintaining the conservation objectives of the Spiny Dogfish Fishery Management Plan.
Low Power Television Digital Rules
Document Number: 2016-14804
Type: Rule
Date: 2016-06-22
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, certain information collection requirements associated with the Commission's Low Power Television Digital Rules Report and Order, FCC 15-175. This document is consistent with the Low Power Television Digital Rules Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the rule.
IFR Altitudes; Miscellaneous Amendments
Document Number: 2016-14799
Type: Rule
Date: 2016-06-22
Agency: Federal Aviation Administration, Department of Transportation
This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.
Revisions to Public Inspection File Requirements-Broadcaster Correspondence File and Cable Principal Headend Location
Document Number: 2016-14793
Type: Proposed Rule
Date: 2016-06-22
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) proposes to eliminate two public inspection file requirementsthe requirement that commercial broadcast stations retain in their public inspection file copies of letters and emails from the public and the requirement that cable operators maintain for public inspection the designation and location of the cable system's principal headend. Because of potential privacy concerns associated with putting the correspondence file online and because many cable operators prefer not to post online the location of their principal headend for security reasons, removing these requirements would enable commercial broadcasters and cable operators to make their entire public inspection file available online and obviate also maintaining a local public file. Eliminating these public file requirements thus would reduce the regulatory burdens on commercial broadcasters and cable operators.
Changes in Requirements for Affidavits or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark Cases
Document Number: 2016-14791
Type: Proposed Rule
Date: 2016-06-22
Agency: Department of Commerce, United States Patent and Trademark Office
In order to assess and promote the accuracy and integrity of the trademark register, the United States Patent and Trademark Office (USPTO or Office) proposes to amend its rules concerning the examination of affidavits or declarations of continued use or excusable nonuse filed pursuant to section 8 of the Trademark Act, or affidavits or declarations of use in commerce or excusable nonuse filed pursuant to section 71 of the Trademark Act. Specifically, the USPTO proposes to require the submission of information, exhibits, affidavits or declarations, and such additional specimens of use as may be reasonably necessary for the USPTO to ensure that the register accurately reflects marks that are in use in the United States for all the goods/services identified in the registrations, unless excusable nonuse is claimed in whole or in part. A register that does not accurately reflect marks in use in the United States for the goods/services identified in registrations imposes costs and burdens on the public. The proposed rules will allow the USPTO to require additional proof of use to verify the accuracy of claims that a trademark is in use in connection with particular goods/services identified in the registration.
Airworthiness Directives; BRP-Powertrain GmbH & Co KG Reciprocating Engines
Document Number: 2016-14789
Type: Rule
Date: 2016-06-22
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain BRP-Powertrain GmbH & Co KG Rotax 912 F2, 912 F3, 912 F4, 912 S2, 912 S3, 912 S4, 914 F2, 914 F3, and 914 F4 reciprocating engines. This AD requires re-identification of the engine model and concurrent modification of the aircraft to indicate the maximum coolant temperature limit. This AD was prompted by a design change introduced by the manufacturer that relocated the engine cylinder head temperature sensor to a different location and converted it to a coolant temperature sensor. We are issuing this AD to prevent exceeding engine coolant temperature limits, which could result in loss of engine coolant, damage to the engine, and loss of control of the airplane.
Modification of Treatment of Certain Health Organizations
Document Number: 2016-14784
Type: Rule
Date: 2016-06-22
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations that provide guidance to Blue Cross and Blue Shield organizations, and certain other organizations, on computing and applying the medical loss ratio and the consequences for not meeting the medical loss ratio threshold. The final regulations reflect the enactment of a technical correction to section 833(c)(5) of the Internal Revenue Code by the Consolidated and Further Continuing Appropriations Act of 2015. The final regulations affect Blue Cross and Blue Shield organizations, and certain other organizations involved in providing health insurance.
Guidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases
Document Number: 2016-14770
Type: Rule
Date: 2016-06-22
Agency: Department of Commerce, Bureau of Industry and Security
This final rule revises the Bureau of Industry and Security's (BIS) guidance regarding administrative enforcement cases based on violations of the Export Administration Regulations (EAR). The rule rewrites that guidance in the EAR, setting forth the factors that the Office of Export Enforcement (OEE) considers when setting penalties in settlements of administrative enforcement cases and when deciding whether to pursue administrative charges or settle allegations of EAR violations. This final rule does not apply to alleged violations of regulations concerning restrictive trade practices and boycotts, which would continue to be subject to the guidance.
Common Crop Insurance Regulations, Basic Provisions
Document Number: 2016-14735
Type: Rule
Date: 2016-06-22
Agency: Department of Agriculture, Federal Crop Insurance Corporation
The Federal Crop Insurance Corporation (FCIC) amends the Common Crop Insurance Regulations, Basic Provisions. The intended effect of this action is to provide policy changes and to clarify existing policy provisions to better meet the needs of policyholders. Issues have arisen regarding: The qualifications for double cropping; and when it is practical to replant. This rule addresses those issues.
Asset-Backed Securities Disclosure and Registration
Document Number: 2016-14730
Type: Rule
Date: 2016-06-22
Agency: Securities and Exchange Commission, Agencies and Commissions
This release makes technical corrections to rules that were published in the Federal Register on September 24, 2014 (79 FR 57184). The Commission adopted revisions to Regulation AB and other rules governing the offering process, disclosure, and reporting for asset- backed securities. These technical amendments are being published to restore rule text that was inadvertently changed, revise outdated cross-references, and make other technical corrections.
Revisions to Exceptions Applicable to Certain Human Cells, Tissues, and Cellular and Tissue-Based Products
Document Number: 2016-14721
Type: Rule
Date: 2016-06-22
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or Agency or we) is issuing this final rule to amend certain regulations regarding donor eligibility, including the screening and testing of donors of particular human cells, tissues, and cellular and tissue-based products (HCT/Ps), and related labeling. This final rule is in response to our enhanced understanding in this area and in response to comments from stakeholders regarding the importance of embryos to individuals and couples seeking access to donated embryos.
Competitive Passenger Rail Service Pilot Program
Document Number: 2016-14698
Type: Proposed Rule
Date: 2016-06-22
Agency: Federal Railroad Administration, Department of Transportation
FRA proposes regulations to implement a pilot program for competitive selection of eligible petitioners in lieu of Amtrak to operate not more than three long-distance routes operated by Amtrak. The proposed rule would develop this pilot program as required by a statutory mandate.
Proposed Revisions to Wine Labeling and Recordkeeping Requirements
Document Number: 2016-14696
Type: Proposed Rule
Date: 2016-06-22
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to amend its labeling and recordkeeping regulations in 27 CFR part 24 to provide that any standard grape wine containing 7 percent or more alcohol by volume that is covered by a certificate of exemption from label approval may not be labeled with a varietal (grape type) designation, a type designation of varietal significance, a vintage date, or an appellation of origin unless the wine is labeled in compliance with the standards set forth in the appropriate sections of 27 CFR part 4 for that label information. TTB is also proposing to amend its part 4 wine labeling regulations to include a reference to the new part 24 requirement.
Limited Disapproval of Air Plan Revisions; Arizona; New Source Review; PM2.5
Document Number: 2016-14669
Type: Rule
Date: 2016-06-22
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is finalizing a limited disapproval of a revision to the Arizona Department of Environmental Quality (ADEQ) portion of the Arizona State Implementation Plan (SIP) under the Clean Air Act (CAA or Act). This ADEQ-submitted SIP revision primarily was intended to serve as a replacement of ADEQ's SIP-approved rules for the issuance of New Source Review (NSR) permits for stationary sources, including but not limited to the rules governing the review and permitting of major sources and major modifications under the Act. This action concerns only the major nonattainment NSR provisions in ADEQ's submittal as they pertain to the Nogales and West Central Pinal nonattainment areas for particulate matter with a diameter of 2.5 micrometers or less (PM2.5). The EPA previously finalized a limited approval for these PM2.5 nonattainment areas related to certain major nonattainment NSR permitting requirements for PM2.5 under the CAA. We subsequently proposed a limited disapproval for these PM2.5 nonattainment areas to set the stage for remedying certain deficiencies related to these nonattainment NSR permitting requirements for PM2.5, and this action finalizes this limited disapproval.
Federal Civil Penalties Adjustment Act Amendments
Document Number: 2016-14592
Type: Rule
Date: 2016-06-22
Agency: Department of Veterans Affairs
The Federal Civil Monetary Penalties Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, sets forth a formula increasing the maximum statutory amounts for civil monetary penalties and requires federal agencies to give notice of the new maximum amounts by regulation. Accordingly, this document gives notice that the Department of Veterans Affairs (VA) is increasing maximum civil monetary penalties from $10,000 to $21,563 for false loan guaranty certifications and from $5,500 to $10,781 for fraudulent claims or fraudulent statements in any VA program.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2016-14579
Type: Rule
Date: 2016-06-22
Agency: Federal Aviation Administration, Department of Transportation
We are superseding Airworthiness Directive (AD) 2016-08-05 for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL-600-2E25 (Regional Jet Series 1000) airplanes. AD 2016-08-05 required replacement of affected angle of attack (AOA) transducers. This new AD requires the same actions as AD 2016-08-05. This new AD was prompted by a report of a typographical error in the regulatory text of AD 2016-08-05. We are issuing this AD to detect and replace incorrectly calibrated AOA transducers; incorrect calibration of the transducers could result in late activation of the stick pusher.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2016-14578
Type: Rule
Date: 2016-06-22
Agency: Federal Aviation Administration, Department of Transportation
We are superseding Airworthiness Directive (AD) 2016-09-04 for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. AD 2016-09-04 required replacement of incorrectly calibrated angle of attack (AOA) transducers. This new AD requires the same actions as AD 2016-09-04. This new AD was prompted by a report of a typographical error in the regulatory text of AD 2016-09-04. We are issuing this AD detect and replace incorrectly calibrated AOA transducers; incorrect calibration of the transducers could result in late activation of the stick pusher.
Lighting and Marking on Agricultural Equipment
Document Number: 2016-14571
Type: Rule
Date: 2016-06-22
Agency: National Highway Traffic Safety Administration, Department of Transportation
Pursuant to the Moving Ahead for Progress in the 21st Century Act (MAP-21), the agency is adding a new regulation to the CFR that sets forth requirements for lighting and marking on agricultural equipment to improve daytime and nighttime visibility. It standardizes lighting and marking requirements for agricultural equipment across the United States.
Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Elfin-Woods Warbler With 4(d) Rule
Document Number: 2016-14540
Type: Rule
Date: 2016-06-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act (Act), as amended, for the elfin-woods warbler (Setophaga angelae), a bird species in Puerto Rico. This rule will add this species to the List of Endangered and Threatened Wildlife. We are also adopting a rule under the authority of section 4(d) of the Act (a ``4(d) rule'') that is necessary and advisable to provide for the conservation of the elfin- woods warbler.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Elfin-Woods Warbler
Document Number: 2016-14539
Type: Proposed Rule
Date: 2016-06-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the elfin-woods warbler (Setophaga angelae) under the Endangered Species Act (Act). In total, approximately 10,977 hectares (ha) (27,125 acres (ac)) in the Maricao, San Germ[aacute]n, Sabana Grande, Yauco, R[iacute]o Grande, Canovanas, Las Piedras, Naguabo, Ceiba, Cayey, San Lorenzo, Guayama, and Patillas Municipalities in Puerto Rico fall within the boundaries of the proposed critical habitat designation. If we finalize this rule as proposed, it would extend the Act's protections to this species' critical habitat. We also announce the availability of a draft economic analysis for the proposed designation.
Medicaid/CHIP Program; Medicaid Program and Children's Health Insurance Program (CHIP); Changes to the Medicaid Eligibility Quality Control and Payment Error Rate Measurement Programs in Response to the Affordable Care Act
Document Number: 2016-14536
Type: Proposed Rule
Date: 2016-06-22
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would update the Medicaid Eligibility Quality Control (MEQC) and Payment Error Rate Measurement (PERM) programs based on the changes to Medicaid and the Children's Health Insurance Program (CHIP) eligibility under the Patient Protection and Affordable Care Act. This proposed rule would also implement various other improvements to the PERM program.
Airworthiness Directives; Airbus Helicopters (Previously Eurocopter France) Helicopters
Document Number: 2016-14467
Type: Rule
Date: 2016-06-22
Agency: Federal Aviation Administration, Department of Transportation
We are superseding Airworthiness Directive (AD) 2000-05-17 and AD 2001-04-12, which apply to Eurocopter France (now Airbus Helicopters) Model EC120B helicopters. AD 2000-05-17 and AD 2001-04-12 required repetitive visual checks of the engine-to-main gearbox (MGB) coupling tube assembly (coupling tube) for a crack and replacing any cracked tube with an airworthy tube. This new AD requires removing certain engine mount parts from service, measuring the height of the engine mounting base for certain helicopters, replacing the engine mount if a certain height is exceeded, inspecting the flared coupling on certain helicopters for a crack, and replacing the coupling if it is cracked. Since we issued AD 2000-05-17 and AD 2001-04-12, there have been reports of additional cracks in coupling tubes. These actions are intended to prevent coupling tube failure, loss of engine drive, and a subsequent forced landing of the helicopter.
Application of Section 409A to Nonqualified Deferred Compensation Plans
Document Number: 2016-14331
Type: Proposed Rule
Date: 2016-06-22
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations that would clarify or modify certain specific provisions of the final regulations under section 409A (TD 9321, 72 FR 19234). This document also withdraws a specific provision of the notice of proposed rulemaking (REG-148326-05) published in the Federal Register on December 8, 2008 (73 FR 74380) regarding the calculation of amounts includible in income under section 409A(a)(1) and replaces that provision with revised proposed regulations. These proposed regulations would affect participants, beneficiaries, sponsors, and administrators of nonqualified deferred compensation plans.
Deferred Compensation Plans of State and Local Governments and Tax-Exempt Entities
Document Number: 2016-14329
Type: Proposed Rule
Date: 2016-06-22
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations prescribing rules under section 457 of the Internal Revenue Code for the taxation of compensation deferred under plans established and maintained by State or local governments or other tax exempt organizations. These proposed regulations include rules for determining when amounts deferred under these plans are includible in income, the amounts that are includible in income, and the types of plans that are not subject to these rules. The proposed regulations would affect participants, beneficiaries, sponsors, and administrators of certain plans sponsored by State or local governments or tax-exempt organizations that provide for a deferral of compensation. This document also provides a notice of a public hearing on the proposed regulations.
Airworthiness Directives; Embraer S.A. Airplanes
Document Number: 2016-14305
Type: Rule
Date: 2016-06-22
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Embraer S.A. Model ERJ 170 airplanes; and all Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. This AD was prompted by reports of cracks in certain engine low-stage bleed check valves. This AD requires replacing the air management system (AMS) controller operation program of the AMS controller processor boards, and replacing the current low-stage bleed check valve and associated seals. We are issuing this AD to prevent failure of the low-stage bleed check valve; simultaneous failures of both low-stage bleed check valves could result in a dual engine in- flight shutdown.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2016-14198
Type: Rule
Date: 2016-06-22
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 787-8 airplanes. This AD was prompted by a report that certain center and outboard stowage bin modules were incorrectly installed. This AD requires an inspection of the center and outboard stowage bin modules for missing parts, quick release pins that are not fully engaged, and parts that are installed in incorrect locations; and corrective actions if necessary. We are issuing this AD to detect and correct incorrectly installed center and outboard stowage bin modules that might not remain intact during an emergency landing, resulting in injuries to occupants and interference with airplane evacuation.
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