August 5, 2016 – Federal Register Recent Federal Regulation Documents

Energy Conservation Program: Energy Conservation Standards for Commercial Water Heating Equipment; Reopening of Comment Period
Document Number: 2016-18674
Type: Proposed Rule
Date: 2016-08-05
Agency: Department of Energy
On May 31, 2016, the U.S. Department of Energy (DOE) published in the Federal Register a notice of proposed rulemaking (NOPR) that proposed amended energy conservation standards for commercial water heaters. DOE published this NOPR so stakeholders can review and provide input on these proposed revisions. The comment period for the NOPR pertaining to the subject commercial water heating equipment was scheduled to end August 1, 2016. After receiving a number of requests for additional time to comment, DOE has decided to reopen the public comment period until August 30, 2016 for the purposes of submitting comments on the NOPR or any other aspect of the energy conservation standards rulemaking for commercial water heating equipment.
Release of VA Records Relating to HIV
Document Number: 2016-18660
Type: Proposed Rule
Date: 2016-08-05
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) proposes to amend its medical regulations governing the release of VA medical records. Specifically, VA proposes to eliminate the restriction on protecting a negative test result for the human immunodeficiency virus (HIV). HIV testing is a common practice today in healthcare and the stigma of testing that may have been seen in the 1980s when HIV was first discovered is no longer prevalent. Continuing to protect negative HIV tests causes delays and an unnecessary burden to veterans when VA tries to share electronic medical information with the veterans' outside providers for their treatment through health information exchange efforts. For this same reason, VA would also eliminate negative test results of sickle cell anemia as protected medical information. This proposed rule would eliminate the current barriers to electronic medical information exchange.
Election Into the Partnership Audit Regime Under the Bipartisan Budget Act of 2015
Document Number: 2016-18638
Type: Rule
Date: 2016-08-05
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains temporary regulations pursuant to section 1101(g)(4) of the Bipartisan Budget Act of 2015 regarding an election to apply the new partnership audit regime enacted by that act to certain returns of a partnership. The regulations provide the time, form, and manner for making this election. The regulations affect any partnership that wishes to elect to have the new partnership audit regime apply to its returns filed for certain taxable years beginning before January 1, 2018.
Election Into the Partnership Audit Regime Under the Bipartisan Budget Act of 2015
Document Number: 2016-18632
Type: Proposed Rule
Date: 2016-08-05
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations pursuant to section 1101(g)(4) of the Bipartisan Budget Act of 2015 regarding an election to apply the new partnership audit regime enacted by that act to certain returns of a partnership. The regulations provide the time, form, and manner for making this election. The regulations affect any partnership that wishes to elect to have the new partnership audit regime apply to its returns filed for certain taxable years beginning before January 1, 2018.
Safety Zone; M/V Zhenhuan 14 Wando Terminal Crane Movement; Charleston, SC
Document Number: 2016-18599
Type: Rule
Date: 2016-08-05
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a 100 yard temporary moving safety zone around the M/V Zhenhuan 14 during its inbound and outbound transit as well as all movements in between the Charleston Harbor entrance buoy and the Wando Welch Terminal on the Charleston Harbor, and Wando River, Charleston, SC. The M/V Zhenhuan 14 will be transporting 5 gantry cranes between the dates of August 5, 2016 through August 17, 2016. The safety zone is necessary to protect the public from hazards associated with transporting the large cranes. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative.
Children's Sleepwear Seminar
Document Number: 2016-18597
Type: Proposed Rule
Date: 2016-08-05
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (CPSC, Commission, or we) staff is holding a 1-day Flammable Fabrics Act (FFA) Children's Sleepwear Seminar (the Seminar). The Seminar will focus on testing, certification, and other compliance guidance relating to mandatory FFA standards and requirements for children's sleepwear. The Seminar will be held on October 20, 2016, at the CPSC offices in Bethesda Towers, Bethesda, MD. We invite interested parties to participate in or attend the Seminar.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Document Number: 2016-18593
Type: Rule
Date: 2016-08-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS closes the northern area Angling category fishery for large medium and giant (``trophy'' (i.e., measuring 73 inches curved fork length or greater)) Atlantic bluefin tuna (BFT). This action is being taken to prevent any further overharvest of the Angling category northern area trophy BFT subquota.
Safety Zone; Annual Roy Webster Cross-Channel Swim, Columbia River, Hood River, OR
Document Number: 2016-18589
Type: Rule
Date: 2016-08-05
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a safety zone on the Columbia River in Hood River, OR. This safety zone is necessary to help ensure the safety of the maritime public during a cross channel swim and will do so by prohibiting unauthorized persons and vessels from entering the safety zone unless authorized by the Sector Columbia River Captain of the Port or his designated representatives.
Marine Mammals; Incidental Take During Specified Activities
Document Number: 2016-18583
Type: Rule
Date: 2016-08-05
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Marine Mammal Protection Act of 1972, as amended, and its implementing regulations, we, the U.S. Fish and Wildlife Service, finalize incidental take regulations (ITR) that authorize the nonlethal, incidental, unintentional take of small numbers of Pacific walruses and polar bears during oil and gas industry activities in the Beaufort Sea and adjacent northern coast of Alaska. Industry operations include similar types of activities covered by the previous 5-year Beaufort Sea ITRs effective from August 3, 2011, through August 3, 2016. This rule is also effective for 5 years from the date of issuance.
Disabled Veteran Leave and Other Miscellaneous Changes
Document Number: 2016-18516
Type: Rule
Date: 2016-08-05
Agency: Office of Personnel Management
The Office of Personnel Management is issuing final regulations to implement the Wounded Warriors Federal Leave Act of 2015, which establishes a separate new leave category, to be known as ``disabled veteran leave,'' available during a 12-month period beginning on the first day of employment to be used by an employee who is a veteran with a service-connected disability rated at 30 percent or more for purposes of undergoing medical treatment for such disability. We are also rescinding two obsolete leave-related regulations.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes
Document Number: 2016-18500
Type: Proposed Rule
Date: 2016-08-05
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier proposed airworthiness directive (AD) for certain Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145MP, and -145EP airplanes. The NPRM proposed to require a detailed inspection for chafing on the electrical harness of each electrical fuel pump in the fuel tanks, replacement of the affected electrical fuel pump with a new or serviceable pump if necessary, and installation of clamps on the fuel pump electrical harnesses. The NPRM was prompted by a report of chafing found between the fuel pump electrical harness and the fuel pump tubing during scheduled maintenance. This action revises the NPRM by expanding the proposed applicability and revising the compliance time for the detailed inspection. We are proposing this supplemental NPRM (SNPRM) to detect and correct chafing of the fuel pump harnesses with other parts inside the fuel tank, which could present a potential ignition source that could result in a fire or fuel tank explosion. Since certain actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.
Airworthiness Directives; Airbus Airplanes
Document Number: 2016-18492
Type: Proposed Rule
Date: 2016-08-05
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede Airworthiness Directive (AD) 2003-18- 06, for certain Airbus Model A319-131 and -132 airplanes; Model A320- 231, -232, and -233 airplanes; and Model A321-131 and -231 airplanes. AD 2003-18-06 currently requires installing new anti-swivel plates and weights on the engine fan cowl door (FCD) latches and a new cowl door hold-open device. Since we issued AD 2003-18-06, we have received reports of additional engine FCD in-flight losses, and a new FCD front latch and keeper assembly has been developed to address this unsafe condition. This proposed AD would retain the current actions and require modifying the engine FCDs, installing placards, and re- identifying the FCDs with the new part numbers. This proposed AD would also revise the applicability to include all Model A319-131 and -132 airplanes; Model A320-231, -232, and -233 airplanes; and Model A321-131 and -231 airplanes. We are proposing this AD to prevent in-flight loss of an engine FCD and possible consequent damage to the airplane and hazards to persons or property on the ground.
Airworthiness Directives; Airbus Airplanes
Document Number: 2016-18486
Type: Proposed Rule
Date: 2016-08-05
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all Airbus Model A300 series airplanes; and 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). This proposed AD was prompted by reports of cracks in certain pins in the main landing gear (MLG). This proposed AD would require repetitive detailed visual inspections of the pins for cracks, and replacing the MLG leg if necessary. We are proposing this AD to detect and correct cracking of certain pins in the MLG, which could result in a MLG collapse, and consequent damage to the airplane and injury to the airplane occupants.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2016-18482
Type: Proposed Rule
Date: 2016-08-05
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede Airworthiness Directive (AD) 2012-08- 11 for certain Bombardier, Inc. Model DHC-8-400 series airplanes. AD 2012-08-11 currently requires repetitive detailed inspections for defects and damage of the retract port flexible hoses on the left and right Main Landing Gear (MLG) retraction actuator, and replacement of the flexible hoses if necessary. Since we issued AD 2012-08-11, we determined that the orientation of the retraction actuator ports must be revised to address the identified unsafe condition. This proposed AD would continue to require the actions required by AD 2012-08-11, and would require reorientation of the retraction actuator of the MLG, which would terminate the repetitive inspections. This proposed AD would also remove airplanes from the applicability. We are proposing this AD to prevent hydraulic fluid leakage in the event of a damaged retract port flexible hose failure; this condition could lead to an undamped extension of the MLG and could result in MLG structural failure, leading to an unsafe, asymmetric landing configuration.
Energy Conservation Program: Energy Conservation Standards for Uninterruptible Power Supplies
Document Number: 2016-18446
Type: Proposed Rule
Date: 2016-08-05
Agency: Department of Energy
The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including battery chargers. In this notice, the U.S. Department of Energy (DOE) proposes new energy conservation standards for uninterruptible power supplies, a class of battery chargers, and also announces a public meeting to receive comment on these proposed standards and associated analyses and results.
Suspension of Community Eligibility
Document Number: 2016-18431
Type: Rule
Date: 2016-08-05
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.
Commodity Pool Operator Annual Report
Document Number: 2016-18400
Type: Proposed Rule
Date: 2016-08-05
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (Commission or CFTC) is proposing to amend certain of its regulations applicable to the Annual Report that each person registered or required to be registered as a commodity pool operator (CPO) must distribute for each commodity pool that it operates (Proposal). Specifically, the Proposal addresses the use of additional alternative generally accepted accounting principles, standards or practices, and the Annual Report audit requirement where the first fiscal year of a pool consists of a period of three months or less from the date of formation of the pool.
Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Extension of Compliance Deadlines for Certain Inactive Surface Impoundments; Response to Partial Vacatur
Document Number: 2016-18353
Type: Rule
Date: 2016-08-05
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or the Agency) is taking direct final action to extend for certain inactive coal combustion residuals (CCR) surface impoundments the compliance deadlines established by the regulations for the disposal of CCR under subtitle D of the Resource Conservation and Recovery Act (RCRA). These revisions are taken in response to a partial vacatur ordered by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) on June 14, 2016.
Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Extension of Compliance Deadlines for Certain Inactive Surface Impoundments; Response to Partial Vacatur
Document Number: 2016-18325
Type: Proposed Rule
Date: 2016-08-05
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or the Agency) is proposing to extend for certain inactive coal combustion residuals (CCR) surface impoundments the compliance deadlines established by the regulations for the disposal of CCR under subtitle D of the Resource Conservation and Recovery Act (RCRA). These revisions are being proposed in response to a partial vacatur ordered by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) on June 14, 2016.
Medicare Program; FY 2017 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements
Document Number: 2016-18221
Type: Rule
Date: 2016-08-05
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule will update the hospice wage index, payment rates, and cap amount for fiscal year (FY) 2017. In addition, this rule changes the hospice quality reporting program, including adopting new quality measures. Finally, this final rule includes information regarding the Medicare Care Choices Model (MCCM).
Exemption From Registration for Certain Foreign Persons
Document Number: 2016-18210
Type: Proposed Rule
Date: 2016-08-05
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``Commission'') is proposing to amend one of its regulations. The proposed amendment would amend the conditions under which persons located outside the United States (``U.S.'') acting in the capacity of a futures commission merchant (``FCM''), an introducing broker (``IB''), commodity trading advisor (``CTA''), or commodity pool operator (``CPO'') in connection with commodity interest transactions solely on behalf of persons located outside the U.S., or on behalf of certain international financial institutions, would qualify for an exemption from registration with the Commission.
Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2017
Document Number: 2016-18196
Type: Rule
Date: 2016-08-05
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule will update the prospective payment rates for inpatient rehabilitation facilities (IRFs) for federal fiscal year (FY) 2017 as required by the statute. As required by section 1886(j)(5) of the Act, this rule includes the classification and weighting factors for the IRF prospective payment system's (IRF PPS's) case-mix groups and a description of the methodologies and data used in computing the prospective payment rates for FY 2017. This final rule also revises and updates quality measures and reporting requirements under the IRF quality reporting program (QRP).
Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska
Document Number: 2016-18117
Type: Rule
Date: 2016-08-05
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service or FWS), are amending regulations for National Wildlife Refuges (NWRs) in Alaska that govern predator control and public participation and closure procedures. The amendments to the regulations are designed to clarify how our existing mandates for the conservation of natural and biological diversity, biological integrity, and environmental health on refuges in Alaska relate to predator control; prohibit several particularly effective methods and means for take of predators; and update our public participation and closure procedures. This rule does not change Federal subsistence regulations or restrict the taking of fish or wildlife for subsistence uses under Federal subsistence regulations.
Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities for FY 2017, SNF Value-Based Purchasing Program, SNF Quality Reporting Program, and SNF Payment Models Research
Document Number: 2016-18113
Type: Rule
Date: 2016-08-05
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule updates the payment rates used under the prospective payment system (PPS) for skilled nursing facilities (SNFs) for fiscal year (FY) 2017. In addition, it specifies a potentially preventable readmission measure for the Skilled Nursing Facility Value- Based Purchasing Program (SNF VBP), and implements requirements for that program, including performance standards, a scoring methodology, and a review and correction process for performance information to be made public, aimed at implementing value-based purchasing for SNFs. Additionally, this final rule includes additional polices and measures in the Skilled Nursing Facility Quality Reporting Program (SNF QRP). This final rule also responds to comments on the SNF Payment Models Research (PMR) project.
Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports (2016 Amendments)
Document Number: 2016-18109
Type: Rule
Date: 2016-08-05
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is amending the Cotton Board Rules and Regulations, decreasing the value assigned to imported cotton for the purposes of calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. This amendment is required each year to ensure that assessments collected on imported cotton and the cotton content of imported products will be the same as those paid on domestically produced cotton.
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