June 29, 2016 – Federal Register Recent Federal Regulation Documents

Safety Zone; Fourth of July Fireworks North Myrtle Beach, SC
Document Number: 2016-15419
Type: Rule
Date: 2016-06-29
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the navigable waters of Myrtle Beach, SC. This safety zone is necessary to protect the public from hazards associated with launching fireworks over navigable waters of the United States. This rule will prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Charleston or a designated representative.
Safety Zone; Fourth of July Fireworks Murrells Inlet, SC
Document Number: 2016-15415
Type: Rule
Date: 2016-06-29
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the navigable waters of Murrells Inlet, SC. This safety zone is necessary to protect the public from hazards associated with launching fireworks over navigable waters of the United States. This rule will prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Charleston or a designated representative.
Safety Zone; Cornucopia Fireworks Display, Lake Superior, Cornucopia, WI
Document Number: 2016-15414
Type: Rule
Date: 2016-06-29
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a safety zone in Lake Superior near Bayfield, WI. This safety zone is intended to restrict vessels from specified waters in Lake Superior during the Bayfield Fourth of July Fireworks Display. This safety zone is necessary to protect spectators from the hazards associated with the fireworks display.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Implementation of the Shark Conservation Act of 2010
Document Number: 2016-15413
Type: Rule
Date: 2016-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final action updates agency regulations consistent with provisions of the Shark Conservation Act of 2010 (SCA) and prohibits any person from removing any of the fins of a shark at sea, possessing shark fins on board a fishing vessel unless they are naturally attached to the corresponding carcass, transferring or receiving fins from one vessel to another at sea unless the fins are naturally attached to the corresponding carcass, landing shark fins unless they are naturally attached to the corresponding carcass, or landing shark carcasses without their fins naturally attached. This action amends existing regulations and makes them consistent with the SCA.
Hazardous Materials: Revision of Maximum and Minimum Civil Penalties
Document Number: 2016-15404
Type: Rule
Date: 2016-06-29
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA is revising the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. The ``Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015'' (the 2015 Act), which amended the Federal Civil Penalties, Inflation Adjustment Act of 1990 (the Inflation Adjustment Act), requires Agencies to update their civil monetary penalties through interim final rulemaking. The maximum civil penalty for a knowing violation is now $77,114, except for violations that result in death, serious illness, or severe injury to any person or substantial destruction of property, for which the maximum civil penalty is $179,933. In addition, the minimum civil penalty amount for a violation relating to training is now $463.
Medical Devices; General and Plastic Surgery Devices; Classification of the Electrosurgical Device for Over-the-Counter Aesthetic Use
Document Number: 2016-15381
Type: Rule
Date: 2016-06-29
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is classifying the electrosurgical device for over-the-counter aesthetic use into class II (special controls). The special controls that will apply to the device are identified in this order and will be part of the codified language for the electrosurgical device for over-the-counter aesthetic use's classification. The Agency is classifying the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fishery; 2016 Longfin Squid Trimester II Quota Harvested
Document Number: 2016-15379
Type: Rule
Date: 2016-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibitingbeginning June 27, 2016, and ending August 31, 2016Federal longfin squid vessel permit holders from fishing for, catching, possessing, transferring, or landing more than 2,500 lb (907.2 kg) of longfin squid per trip and landing such squid more than once per calendar day. This prohibition is required by regulation because NMFS projects that 90 percent of the 2016 annual Trimester II seasonal catch limit will have been caught by the effective date. In addition, based on this determination, other restrictions regarding catch of longfin squid by federally permitted Illex squid vessels and buying longfin squid by federally permit dealers go into place. This action is intended to prevent over harvest of longfin squid during Trimester II.
Eighth Coast Guard District Annual Safety Zones; Table 165; Sector Ohio Valley
Document Number: 2016-15352
Type: Rule
Date: 2016-06-29
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce recurring safety zones on navigable waterways within the Sector Ohio Valley's area of responsibility to protect vessels transiting the areas and event spectators from the hazards associated with fireworks displays requiring additional safety measures. During the enforcement period, no vessels are allowed to enter, transit through, or anchor in the safety zone, unless specifically authorized by the Captain of the Port Ohio Valley (COTP) or a COTP designated representative.
Drawbridge Operation Regulation; Lewis and Clark River, Astoria, OR
Document Number: 2016-15348
Type: Rule
Date: 2016-06-29
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has issued a temporary deviation from the operating schedule that governs the Oregon State (Lewis and Clark River) highway bridge across the Lewis and Clark River, mile 1.0, at Astoria, Oregon. The deviation is necessary to accommodate bridge maintenance activities during the effective time period. The deviation allows the bridge to remain in the closed-to-navigation position such that it need not open to maritime traffic.
Authorization of Radiofrequency Equipment and Approval of Terminal Equipment by Telecommunications
Document Number: 2016-15336
Type: Rule
Date: 2016-06-29
Agency: Federal Communications Commission, Agencies and Commissions
In this document the Commission addresses two petitions for reconsideration of its Report and Order in this proceeding by describing how it will implement the rules that govern how it recognizes laboratories as accredited and authorized to perform the compliance testing associated with applications for equipment certification and the bodies that accredit those laboratories and extending the transition period by which time all laboratories that test for equipment certification must have FCC-recognized accreditation to perform such testing.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Document Number: 2016-15333
Type: Rule
Date: 2016-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is announcing a change in the dealer landings reporting methodology for Atlantic bluefin tuna (BFT) from use of handwritten and faxed landings reports to use of an electronic reporting system via the Internet. The online BFT dealer report system is now available, and NMFS has determined that expedited transition to this online system is in the public interest and necessary to maintain accurate reporting given issues with the software currently being used to process faxed documents. This rule specifies the effective date for use of the online system and elimination of the fax option. These requirements apply to all Highly Migratory Species (HMS) dealers with a valid Atlantic Tunas dealer permit issued under applicable regulations.
Drawbridge Operation Regulation; Isle of Wight (Sinepuxent) Bay, Ocean City, MD
Document Number: 2016-15296
Type: Rule
Date: 2016-06-29
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has issued a temporary deviation from the operating schedule that governs the US 50 (Harry W. Kelly Memorial) Bridge across the Isle of Wight (Sinepuxent) Bay, mile 0.5, at Ocean City, MD. The deviation is necessary to accommodate increased vehicular traffic of the 2016 Ocean City Fireworks presentation. This deviation allows the bridge to remain in the closed-to-navigation position.
Drawbridge Operation Regulation; North Landing River, Chesapeake, VA
Document Number: 2016-15295
Type: Rule
Date: 2016-06-29
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has modified a temporary deviation from the operating schedule that governs the S165 (North Landing Road) Bridge across the North Landing River, mile 20.2, at Chesapeake, VA. This modified deviation is necessary to perform emergency bridge repairs and provide for safe navigation. This modified deviation allows the bridge to remain in the closed-to-navigation position.
Participation by Religious Organizations in USAID Programs
Document Number: 2016-15293
Type: Rule
Date: 2016-06-29
Agency: Agency for International Development, Agencies and Commissions
This rule amends AID regulations to address provisions which are more restrictive than relevant Federal case law and relevant legal opinions issued by the United States Department of Justice with respect to the applicability of the Establishment Clause to the use of Federal funds.
Proposed Amendment of Class E Airspace, Salem, OR
Document Number: 2016-15266
Type: Proposed Rule
Date: 2016-06-29
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify Class E airspace extending upward from 700 feet above the surface at McNary Field, Salem, OR. Two approaches, the Localizer (LOC) Y runway (RWY) 31 and the LOC/Distance Measuring Equipment (DME) Back Course (BC) approach RWY 13 were identified as needing additional airspace to meet airspace requirements. The FAA, also, found modification of the airspace for the LOC/DME BC RWY 13 posed an increased risk to the safety of Instrument Flight Rules (IFR) operations for Standard Instrument Approach Procedures (SIAPs) at the airport.
Federal Employees' Group Life Insurance Program: Options B and C; Correction
Document Number: 2016-15261
Type: Rule
Date: 2016-06-29
Agency: Office of Personnel Management
The U.S. Office of Personnel Management (OPM) published a document in the Federal Register on May 5, 2016 (81 FR 26997) to amend the Federal Employees' Group Life Insurance (FEGLI) regulation to provide a second reduction election opportunity for annuitants and compensationers enrolled in FEGLI Option B and Option C. This document makes a minor correction to that rule.
General Services Administration Acquisition Regulation (GSAR); Rewrite of GSAR Part 515, Contracting by Negotiation; Corrections
Document Number: 2016-15238
Type: Rule
Date: 2016-06-29
Agency: General Services Administration, Agencies and Commissions
The General Services Administration (GSA) is issuing a correction to Change 72; GSAR Case 2008-G506; Rewrite of GSAR Part 515, Contracting by Negotiation, which was published in the Federal Register at 81 FR 36423, June 6, 2016.
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Widow Rockfish Reallocation in the Individual Fishing Quota Fishery
Document Number: 2016-15217
Type: Proposed Rule
Date: 2016-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In January 2011, NMFS implemented the trawl rationalization program, a type of catch share program, for the Pacific coast groundfish fishery's limited entry trawl fleet, which includes an individual fishing quota program for limited entry trawl participants. At the time of implementation, the widow rockfish stock was overfished and quota shares were allocated to quota share permit owners in the individual fishing quota program using an overfished species formula. Now that the widow rockfish stock has been rebuilt, NMFS proposes to reallocate quota shares to initial recipients based on a target species formula that will more closely represent the fishing history of permit owners when widow rockfish was a targeted species. Through this rule, NMFS also proposes to allow the trading of widow rockfish quota shares, set a deadline for divestiture in case the reallocation of widow rockfish puts any QS permit owner over an accumulation limit, and remove the daily vessel limit for widow rockfish since it is no longer an overfished species.
Endangered and Threatened Wildlife and Plants: Final Listing Determination on the Proposal To List the Nassau Grouper as Threatened Under the Endangered Species Act
Document Number: 2016-15101
Type: Rule
Date: 2016-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, are publishing this final rule to implement our determination to list the Nassau grouper (Epinephelus striatus) as threatened under the Endangered Species Act of 1973, as amended (ESA). We have completed a status review of the Nassau grouper in response to a petition submitted by WildEarth Guardians. After reviewing the best scientific and commercial data available, including the status review and comments received on the proposed rule, we have determined that the Nassau grouper meets the definition of a threatened species. While the species still occupies its historical range, overutilization through historical harvest has reduced the number of individuals which in turn has reduced the number and size of spawning aggregations. Although harvest of Nassau grouper has diminished due to management measures, the reduced number and size of spawning aggregations and the inadequacy of law enforcement continue to present extinction risk to Nassau grouper. Based on these considerations, described in more detail within this action, we conclude that the Nassau grouper is not currently in danger of extinction throughout all or a significant portion of its range, but is likely to become so within the foreseeable future. We also solicit information that may be relevant to the designation of critical habitat for Nassau grouper, including information on physical or biological features essential to the species' conservation, areas containing these features, and potential impacts of a designation.
Designation of Areas for Air Quality Planning Purposes; California; San Joaquin Valley; Reclassification as Serious Nonattainment for the 2006 PM2.5
Document Number: 2016-15051
Type: Rule
Date: 2016-06-29
Agency: Environmental Protection Agency
This document corrects a paragraph designation error that occurred in a January 20, 2016, final rule pertaining to the Environmental Protection Agency's (EPA's) reclassification of the San Joaquin Valley in California from Moderate to Serious for the 2006 PM2.5 National Ambient Air Quality Standards (NAAQS). The paragraph designation in that rulemaking conflicts with a paragraph designation in a different final rule. The EPA, therefore, is correcting the erroneous paragraph designation.
Approval and Promulgation of Air Quality Implementation Plans; State of Kansas; Cross-State Air Pollution Rule
Document Number: 2016-15040
Type: Rule
Date: 2016-06-29
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking direct final action to approve a December 1, 2015, State Implementation Plan (SIP) submittal from Kansas concerning allocations of Cross-State Air Pollution Rule (CSAPR) emission allowances. Under CSAPR, large electricity generating units in Kansas are subject to a Federal Implementation Plan (FIP) requiring the units to participate in CSAPR's Federal trading program for annual emissions of nitrogen oxides (NOX). This action approves Kansas's adoption into its SIP of state regulations establishing state-determined allocations to replace EPA's default allocations to Kansas units of CSAPR allowances for annual NOX emissions for 2017 through 2019. EPA is approving the SIP revision because it meets the requirements of the Clean Air Act (CAA) and EPA's regulations for approval of an abbreviated SIP revision replacing EPA's default allocations of CSAPR emission allowances with state-determined allocations. Approval of this SIP revision does not alter any provision of CSAPR's Federal trading program for annual NOX emissions as applied to Kansas units other than the allowance allocation provisions, and the FIP requiring the units to participate in the trading program (as modified by the SIP revision) remains in place. The approval is being issued as a direct final rule without a prior proposed rule because EPA views it as uncontroversial and does not anticipate adverse comment.
Approval and Promulgation of Air Quality Implementation Plans; State of Kansas; Cross-State Air Pollution Rule
Document Number: 2016-15039
Type: Proposed Rule
Date: 2016-06-29
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a December 1, 2015, State Implementation Plan (SIP) submittal from Kansas concerning allocations of Cross-State Air Pollution Rule (CSAPR) emission allowances. Under CSAPR, large electricity generating units in Kansas are subject to a Federal Implementation Plan (FIP) requiring the units to participate in CSAPR's Federal trading program for annual emissions of nitrogen oxides (NOX). This action would approve Kansas' adoption into its SIP of state regulations establishing state-determined allocations to replace EPA's default allocations to Kansas units of CSAPR allowances for annual NOX emissions for 2017 through 2019. EPA is proposing to approve the SIP revision because it meets the requirements of the Clean Air Act (CAA) and EPA's regulations for approval of an abbreviated SIP revision replacing EPA's default allocations of CSAPR emission allowances with state-determined allocations. Approval of this SIP revision would not alter any provision of CSAPR's Federal trading program for annual NOX emissions as applied to Kansas units other than the allowance allocation provisions, and the FIP requiring the units to participate in the trading program (as modified by the SIP revision) would remain in place.
Rules of Practice and Procedure
Document Number: 2016-15027
Type: Rule
Date: 2016-06-29
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The Federal Deposit Insurance Corporation (FDIC) is amending its rules of practice and procedure under to adjust the maximum amount of each civil money penalty (CMP) within its jurisdiction to account for inflation. This action is required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Adjustment Act).
Electronic Export Application and Certification Charge; Flexibility in the Requirements for Export Inspection Marks, Devices, and Certificates; Egg Products Export Certification
Document Number: 2016-14812
Type: Rule
Date: 2016-06-29
Agency: Department of Agriculture, Food Safety and Inspection Service
The Food Safety and Inspection Service (FSIS) is amending the meat and poultry inspection regulations to provide for an electronic export application and certification system. The electronic export application and certification system will be a component of the Agency's Public Health Information System (PHIS). The PHIS Export Component will be available as an alternative to the paper-based export application and certification process. FSIS will charge an application fee to exporters that use the PHIS Export Component. FSIS is establishing a formula for calculating the fee. On an annual basis, the Agency will use the formula to update the fee and publish the new fee in the Federal Register. The updated fee will apply at the start of each calendar year. FSIS is also amending the meat and poultry export regulations to provide flexibility in the requirements for official export inspection marks, devices, and certificates. In addition, FSIS is amending the egg product export regulations to parallel the meat and poultry product export regulations.
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