August 19, 2016 – Federal Register Recent Federal Regulation Documents

These special conditions are issued for the Boeing Company (Boeing) Model 737-8 airplane. This airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. This design feature is associated with non-rechargeable lithium battery installations. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The Coast Guard will enforce special local regulations for the Southern Professional Outboard Racing Tour (S.P.O.R.T.) boat races to be held on the Sabine River in Orange, TX, September 16-18, 2016, to provide for the safety of life on navigable waterways during high speed boat races. Our regulation for Recurring Marine Events in Sector Houston-Galveston identifies the regulated area for this regatta. During the enforcement periods, no vessel may transit this regulated area without approval from the Captain of the Port or a designated representative.

This final rule revises the regulations that currently require persons surgically implanting or externally affixing archival tags on Atlantic highly migratory species (HMS) to obtain written authorization from NMFS, and that require fishermen to report their catches of Atlantic HMS with such tags to NMFS. Archival tags are tags that record scientific information about the movement and behavior of a fish and include tags that are surgically implanted in a fish, as well as tags that are externally affixed, such as pop-up satellite archival tags (PSAT) and smart position and temperature tags (SPOT). Specifically, this final rule removes the requirement for researchers to obtain written authorization from NMFS to implant or affix an archival tag but would continue to allow persons who catch a fish with a surgically implanted archival tag to retain the fish only if they return the tag to the person indicated on the tag or to NMFS. Persons retaining such fish would no longer be required to submit to NMFS an archival tag landing report or make the fish available for inspection and tag recovery by a NMFS scientist, enforcement agent, or other person designated in writing by NMFS. Any persons who land an Atlantic HMS with an externally-affixed archival tag would be encouraged, but not required, to follow the instructions on the tag to return the tag to the appropriate research entity or to NMFS. This action will affect any researchers wishing to place archival tags on Atlantic HMS and any fishermen who might catch such a tagged fish.

The Environmental Protection Agency (EPA) is proposing a limited approval and limited disapproval of revisions to the Butte County Air Quality Management District (BCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern the District's New Source Review (NSR) permitting program for new and modified sources of air pollution. We are proposing action on these local rules under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

The OCC is proposing to add a new part to its rules to enhance the resilience and the safety and soundness of federally chartered and licensed financial institutions by addressing concerns relating to the exercise of default rights of certain financial contracts that could interfere with the orderly resolution of certain systemically important financial firms. Under this proposed rule, a covered bank would be required to ensure that a covered qualified financial contract (1) contains a contractual stay-and-transfer provision analogous to the statutory stay-and-transfer provision imposed under Title II of the Dodd-Frank Act and in the Federal Deposit Insurance Act, and (2) limits the exercise of default rights based on the insolvency of an affiliate of the covered bank. In addition, this proposed rule would make conforming amendments to the OCC's Capital Adequacy Standards and the Liquidity Risk Measurement Standards in its regulations. The requirements of this proposed rule are substantively identical to those contained in a notice of proposed rulemaking issued by the Board of Governors of the Federal Reserve System on May 3, 2016.

We are superseding Airworthiness Directive (AD) 2003-25-07 for certain Airbus Model A319 and A320 series airplanes, and AD 2005-13-39 for certain Airbus Model A321 series airplanes. AD 2003-25-07 required a revision to the airplane flight manual (AFM) and replacement of both elevator aileron computers (ELACs) having L80 standards with new ELACs having L81 standards. AD 2005-13-39 required a revision to the AFM, replacement of existing ELACs with ELACs having L83 or L91 standards, as applicable; and a concurrent action. Since we issued AD 2003-25-07 and AD 2005-13-39, we have determined that new ELAC standards must be incorporated. The ELAC standards have been upgraded to version L97+, which implements enhanced angle-of-attack (AOA) monitoring to better detect AOA blockage, including multiple AOA blockages. This AD requires replacing existing ELACs with new ELACs having L97+ standards or revising the software in an existing ELAC to the L97+ standards, as applicable, which terminates the requirements of AD 2003-25-07 and AD 2005-13-39. This AD also expands the applicability to include all Airbus Model A318, A319, A320, and A321 series airplanes. We are issuing this AD to prevent inadvertent activation of the AOA protections. Inadvertent activation of the AOA protections could result in a continuous nose-down pitch rate that could result in reduced controllability of the airplane.

We are superseding Airworthiness Directive (AD) 2013-20-11, for all Airbus Model A318, A319, A320, and A321 series airplanes. AD 2013-20-11 required modifying the passenger emergency oxygen container assembly. This new AD expands the affected group of oxygen containers to include those labeled ``DAe Systems.'' This AD was prompted by a determination that the unsafe condition also affects oxygen containers labeled ``DAe Systems.'' We are issuing this AD to prevent a high temperature oxygen generator and mask from falling down and possibly resulting in an ignition source in the passenger compartment, injury to passengers, and reduced availability of supplemental oxygen.

The Secretary establishes regulations to implement changes to the Adult Education and Family Literacy Act (AEFLA) resulting from the enactment of the Workforce Innovation and Opportunity Act of 2014 (WIOA or the Act). These final regulations clarify new provisions in AEFLA. The Secretary also updates the regulations that establish procedures for determining the suitability of tests used for measuring State performance on accountability measures that assess the effectiveness of AEFLA programs and activities. The Secretary also removes specific parts of title 34 of the Code of Federal Regulations (CFR) that are no longer in effect.

The Secretary amends the regulations governing the State Vocational Rehabilitation Services program and the State Supported Employment Services program to implement changes to the Rehabilitation Act of 1973, as amended by the Workforce Innovation and Opportunity Act (WIOA) signed into law on July 22, 2014. The Secretary also updates, clarifies, and improves the prior regulations. Finally, the Secretary issues new regulations regarding limitations on the use of subminimum wages that are added by WIOA and under the purview of the Department.

The Department of Labor (DOL or the Department) issues this Final Rule to implement titles I and III of the Workforce Innovation and Opportunity Act (WIOA). Through these regulations, the Department reforms and modernizes our nation's workforce development system. This rule provides the framework for changes for statewide and local workforce development systems to increase the employment, retention, earnings, and occupational skill attainment of U.S. workers, particularly those individuals with barriers to employment, so they can move into good jobs and careers and provide businesses with the skilled workforce needed to make the United States more competitive in the 21st Century global economy.