July 2016 – Federal Register Recent Federal Regulation Documents

The Fleet Week Maritime Festival's Pier 66 Safety Zone in Elliott Bay, WA will be subject to enforcement from 8 a.m. until 8 p.m. on August 2, 2016, but within this time period the zone will only be enforced 30 minutes prior to the beginning, during, and 30 minutes following the conclusion of the parade of ships. This action is necessary to promote safety on navigable waters. During the enforcement period, entry into, transit through, mooring, or anchoring within this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representative.

The Environmental Protection Agency (EPA) is taking direct final action to approve State Implementation Plan (SIP) revisions submitted by the State of Utah on February 10, 2012 and August 29, 2014. These submittals request SIP revisions to remove changes to the major source baseline date that were disapproved by the EPA on July 15, 2011. The submittals also address the EPA's February 6, 2014 disapproval of several permit rules related to the public availability of good engineering practice stack height demonstrations in the public comment process for an approval order, and the process for making emission reductions enforceable in an approval order. The EPA is taking this action in accordance with section 110 of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve a source-specific revision to the Arizona State Implementation Plan (SIP) that addresses requirements for best available retrofit technology (BART) at Cholla Generating Station (Cholla). The EPA proposes to find that the SIP revision fulfills the requirements of the Clean Air Act (CAA) and the EPA's Regional Haze Rule (RHR) for BART at Cholla. In conjunction with this proposed approval, we propose to withdraw those portions of the federal implementation plan (FIP) that address BART for Cholla. We previously partially granted petitions for reconsideration of that FIP from Cholla's owners, Arizona Public Service Company (APS) and PacifiCorp. We are now proposing to find that final withdrawal of the FIP, as it applies to Cholla, would constitute our action on APS's and PacifiCorp's petitions for reconsideration of the FIP.

In this Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (Commission) proposes changes to our rules and procedures related to certain applications and petitions for declaratory ruling involving foreign ownership (together, ``applications''). The Commission refers certain applications to the relevant Executive Branch agencies for their input on any national security, law enforcement, foreign policy, and trade policy concerns that may arise from the foreign ownership interests held in the applicants and petitioners (together, ``applicants''). As part of our effort to reform the Commission's processes, we seek to improve the timeliness and transparency of this referral process. More specifically, our goals here are to identify ways in which both the Commission and the agencies might streamline and facilitate the process for obtaining information necessary for Executive Branch review and identify expected time frames, while ensuring that we continue to take Executive Branch concerns into consideration as part of our public interest review.

This document contains corrections to a correction document for final and temporary regulations (TD 9761) that was published in the Federal Register on June 23, 2016 (81 FR 40810).

This document amends Department of Veterans Affairs (VA) regulations to reflect a statutory mandate that VA provide health care to certain veterans who served at Camp Lejeune, North Carolina, for at least 30 days during the period beginning on August 1, 1953, and ending on December 31, 1956. The law requires VA to furnish hospital care and medical services for these veterans for certain illnesses and conditions that may be attributed to exposure to toxins in the water system at Camp Lejeune. This rule does not address the statutory provision requiring VA to provide health care to these veterans' family members; regulations applicable to such family members will be promulgated through a separate final rule.

The Food Safety and Inspection Service (FSIS) is amending its regulations on ante-mortem inspection to remove a provision that permits establishments to set apart and hold for treatment veal calves that are unable to rise from a recumbent position and walk because they are tired or cold. FSIS is also amending its regulations to require all non-ambulatory disabled cattle to be promptly disposed of after they have been condemned. In addition, after review and consideration of comments to the proposed rule, FSIS is amending the regulations by removing a provision that requires ante-mortem inspection to be conducted in pens. This final rule makes clear that FSIS inspectors have the authority to conduct ante-mortem inspection and condemn non- ambulatory disabled veal calves the moment they arrive on the premises of the establishment. These amendments will improve compliance with the Humane Methods of Slaughter Act of 1978 (HMSA) and the humane slaughter implementing regulations. The amendments will also improve the Agency's inspection efficiency by eliminating the time that FSIS inspectors spend re-inspecting non-ambulatory disabled veal calves.

This action closes the Georges Bank Cod Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels fishing with trawl gear, sink gillnet gear, and longline/hook gear for the remainder of Trimester 1, through August 31, 2016. The closure is required by regulation because the common pool fishery has caught 90 percent of its Trimester 1 quota for Georges Bank cod. This closure is intended to prevent an overage of the common pool's quota for this stock.This action is effective July 13, 2016, through August 31, 2016.

The Coast Guard will enforce the annual Seafair Air Show Performance safety zone on Lake Washington, Seattle, WA daily, from 8 a.m. until 4 p.m., from August 4, 2016, through August 7, 2016. This action is necessary to ensure the safety of the public from inherent dangers associated with these annual aerial displays. During the enforcement period, no person or vessel may enter or transit this safety zone unless authorized by the Captain of the Port or his designated representative.

The Bureau of Ocean Energy Management (BOEM) is announcing the availability of a guidance document entitled, ``Notice to Lessees and Operators of Federal Oil and Gas, and Sulfur Leases, and Holders of Pipeline Right-of-Way and Right-of-Use and Easement Grants in the Outer Continental ShelfRequiring Additional Security'' (NTL No. 2016-N01).

This proposed rule would implement a recommendation from the Almond Board of California (Board) to increase the assessment rate established for the 2016-17 through the 2018-19 crop years from $0.03 to $0.04 per pound of almonds handled under the marketing order (order). Of the $0.04 per pound assessment, 60 percent (or $0.024 per pound) would be available as credit-back for handlers who conduct their own promotional activities. The assessment rate would return to $0.03 for the 2019-20 and subsequent crop years, and the amount available for handler credit-back would return to $0.018 per pound (60 percent). The Board locally administers the order and is comprised of growers and handlers of almonds grown in California. Assessments upon almond handlers are used by the Board to fund reasonable and necessary expenses of the program. The crop year begins August 1 and ends July 31. The $0.04 assessment rate would remain in effect until July 31, 2019. Beginning August 1, 2019, the assessment rate would return to $0.03 and would remain in effect indefinitely unless modified, suspended, or terminated.

The Assistant Secretary for Elementary and Secondary Education (Assistant Secretary) announces a priority and a requirement under the Equity Assistance Centers (EAC) program. The Assistant Secretary may use this priority and this requirement for competitions in fiscal year 2016 and later years. We take this action to encourage applicants with a track record of success or demonstrated expertise in socioeconomic integration strategies that are effective for addressing problems occasioned by the desegregation of schools based on race, national origin, sex, or religion. We intend for the priority and the requirement to help ensure that grant recipients have the capacity to support responsible governmental agencies as they seek to increase socioeconomic diversity, to create successful plans for desegregation, and to address special educational problems occasioned by bringing together students from different social, economic, religious, and racial backgrounds.

The Environmental Protection Agency (EPA) is partially approving and partially disapproving a revision to the Louisiana State Implementation Plan (SIP) submitted on December 21, 2011. This revision outlines the State's program to regulate and permit emissions of greenhouse gases (GHGs) in the Louisiana Prevention of Significant Deterioration (PSD) program. We are approving these provisions to the extent that they address the GHG permitting requirements for sources already subject to PSD for pollutants other than GHGs. We are disapproving these provisions to the extent they require PSD permitting for sources that emit only GHGs above the thresholds triggering the requirement to obtain a PSD permit since that is no longer consistent with federal law. The EPA is taking this action under section 110 and part C of the Clean Air Act (CAA or Act).

The Food and Drug Administration (FDA or we) is amending the food additive regulations to expand the safe uses of vitamin D2 as a nutrient supplement in edible plant-based beverages intended for use as milk alternatives and in edible plant-based yogurt alternatives and vitamin D3 as a nutrient supplement in milk at levels higher than those currently permitted. We are taking this action in response to a food additive petition filed by Dean Foods Company and WhiteWave Foods Company.

This document corrects a typographical error that appeared in the final rule published in the Federal Register on May 18, 2016, entitled ``Nondiscrimination in Health Programs and Activities.''

This final rule classifies a variety of refrigeration products that are collectively described as ``miscellaneous refrigeration products''i.e., ``MREFs,'' as a covered product under Part A of Title III of the Energy Policy and Conservation Act (``EPCA''), as amended. These products include different types of refrigeration devices that include one or more compartments that maintain higher temperatures than typical refrigerator compartments, such as wine chillers and beverage coolers. Additionally, this final rule amends or establishes certain definitions related to these products and establishes test procedures for certain classes of MREFs. These procedures are based an earlier proposal the Department of Energy published on December 16, 2014, along with additional feedback provided as part of a negotiated rulemaking effort focusing on these products. The test procedures follow the same general methodology as those currently in place for refrigerators, refrigerator-freezers, and freezers. Through this rule, the test procedures for MREFs will be codified. This rule also establishes similar clarifying amendments for freezers.

The Coast Guard is establishing a temporary safety zone on Lake Erie, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Lake Erie Open Water Classic open water swim on July 16, 2016. This temporary safety zone is necessary to protect swimmers from vessels operating in the area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo.

The Department of Energy (DOE) is adopting as final, a rule amending the Department of Energy Acquisition Regulation (DEAR) to make technical and administrative changes to the DEAR, including changes to conform to the Federal Acquisition Regulation (FAR), remove out-of-date coverage, update references, and correct minor errors and omissions.

We propose to adopt a new airworthiness directive (AD) for Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters. This proposed AD would require inspecting the main transmission forward (fwd) and aft frame assembly and adjacent skins for a crack and loose fasteners and establishing life limits for certain frame assemblies. This proposed AD is prompted by fatigue analysis indicating stress concentrations as well as the discovery of a crack in the station (STA) 362 frame and skin on a Model S-92A helicopter. The proposed actions are intended to detect a crack in a frame assembly and prevent failure of a frame and subsequent loss of control of the helicopter.

We propose to supersede Airworthiness Directive (AD) 2013-02- 08, for all Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. AD 2013-02-08 currently requires inspecting the trunnions and upper and lower pins of the horizontal stabilizer trim actuator (HSTA), and replacement or re-identification if necessary; and revising the maintenance program to include safe life limits and inspection requirements for the HSTA. Since we issued AD 2013-02-08, we determined that not all affected attachment pins and trunnions were included in the required inspections. In addition, for certain airplanes on which the replacement in AD 2013-02-08 was done, incorrect attachment hardware may have been used. This proposed AD would require measuring the diameter of certain bolts and attach holes, and, as applicable, measuring the diameter of the attach holes in the trunnions and pins, doing detailed visual inspections of the trunnions, pins, and spacers, doing corrective actions, and re-identifying trunnions and pins. This proposed AD also requires revising the maintenance or inspection program. This proposed AD also removes certain airplanes from the applicability. We are proposing this AD to prevent failure of the attachment pins and trunnions of the HSTA. This condition could result in separation of the horizontal stabilizer, and consequent loss of control of the airplane.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model BD-700-1A10 and BD-700-1A11 airplanes. This proposed AD was prompted by a determination that the existing instruction in a certain task in the aircraft maintenance manual (AMM) will not accomplish the intent of a certification maintenance requirement (CMR). This CMR task tests the pitch feel (PF) and rudder travel limiter actuator (RTLA) back-up modules in the flight control unit (FCU) to detect dormant failures. This proposed AD would require doing an operational test of the FCU back-up modules, and repair if necessary. We are proposing this AD to detect and correct a dormant failure of both FCU back-up modules. This condition, in combination with other failures in the FCU, may result in the inability to maintain the minimum control requirements for the PF and RTLA, which could create hazardous flight control inputs during flight.

The Coast Guard proposes to amend the anchorage regulations for Delaware Bay and River. The Coast Guard conducted a review of the Delaware Bay and River anchorage grounds to support increased traffic and vessel size. The proposed changes to this regulation would eliminate unusable anchorage grounds and provide additional usable grounds to support current and future port demands and enhance the overall navigation safety of this critical component of the maritime transportation system. We invite your comments on this proposed rulemaking.

The Coast Guard announces the availability of a draft update to the Marine Safety Manual (MSM), Volume III, Marine Industry Personnel, and the corresponding Commandant Change Notice that highlights the changes made to that manual. MSM Volume III provides information and interpretations on international conventions and U.S. statutes and regulations relating to marine industry personnel. This draft Commandant Change Notice discusses the substantive changes to Parts B and C of MSM Volume III. The proposed changes are red-lined and each changed page is annotated with CH-2 in the footer. Additionally, we have created a document that provides a summary of each change. The Coast Guard seeks and will consider comments on these draft changes before issuing a final version of MSM Volume III.

We propose to adopt a new airworthiness directive (AD) for all Rolls-Royce plc (RR) RB211-Trent 875-17, RB211-Trent 877-17, RB211- Trent 884-17, RB211-Trent 884B-17, RB211-Trent 892-17, RB211-Trent 892B-17, and RB211-Trent 895-17 turbofan engines. This proposed AD was prompted by a report of cracking and material release from an engine upper bifurcation fairing. This proposed AD would require repetitive inspections of the engine upper bifurcation fairing and repairing or replacing any fairing that fails inspection. We are proposing this AD to prevent failure of the engine fire protection system, engine fire, and damage to the airplane.

This document amends the existing delegations of authority to provide for the designation of First Assistants to positions to which appointment is required to be made by the President with the advice and consent of the Senate.