August 26, 2016 – Federal Register Recent Federal Regulation Documents

Administrative Exemption on Value Increased for Certain Articles
Document Number: 2016-20581
Type: Rule
Date: 2016-08-26
Agency: Department of Homeland Security, U.S. Customs and Border Protection, Department of the Treasury
This document amends the U.S. Customs and Border Protection regulations to implement section 901 of the Trade Facilitation and Trade Enforcement Act of 2015 by raising from $200 to $800 the value of certain articles that may be imported by one person on one day free of duty and tax. This document also makes clarifying and conforming amendments to the regulations.
Extension of Comment Period for Modernization of Property Disclosures for Mining Registrants
Document Number: 2016-20548
Type: Proposed Rule
Date: 2016-08-26
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission is extending the comment period for a release proposing revisions to the property disclosure requirements for mining registrants and related guidance [Release Nos. 33-10098 and 34-78086 (June 16, 2016)], published June 27, 2016. The original comment period is scheduled to end on August 26, 2016. The Commission is extending the time period in which to provide the Commission with comments until September 26, 2016. This action will allow interested persons additional time to analyze the issues and prepare their comments.
Security Zone; Kailua Bay, Oahu, HI
Document Number: 2016-20530
Type: Rule
Date: 2016-08-26
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary security zone for the protection of a very important person (VIP). This VIP will be staying on beachfront property in close proximity to Kailua Bay. It is necessary to restrict waterway access to vessels and persons to prevent waterside threats to the VIP. The security zone encompasses two primary areas from the surface of the water to the ocean floor from the navigable waters of the Kawainui Canal, beginning 150 yards south of the N. Kalaheo Avenue Road Bridge and continuing into Kailua Bay; and the navigable waters of Kailua Bay beginning at Kapoho Point and extending in a southwesterly direction to the shore boundary of a property located at 123 Kailuana Loop, Kailua, HI 96734. Entry of persons or vessels into the security zone is prohibited unless authorized by the Captain of the Port (COTP) Honolulu or a designated representative.
Importation of Fresh Persimmons From New Zealand Into the United States
Document Number: 2016-20508
Type: Proposed Rule
Date: 2016-08-26
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the regulations concerning the importation of fruits and vegetables to allow the importation of fresh persimmons from New Zealand into the United States. As a condition of entry, the persimmons would have to be produced in accordance with a systems approach that would include requirements for orchard certification, orchard pest control, post harvest safeguards, fruit culling, traceback, sampling, and treatment with either hot water or modified atmosphere treatment. The persimmons would also have to be accompanied by a phytosanitary certificate with an additional declaration stating that they were produced under, and meet all the components of, the systems approach and were inspected and found to be free of quarantine pests in accordance with the proposed requirements. This action would allow the importation of fresh persimmons from New Zealand while continuing to protect against the introduction of plant pests into the United States.
Importation of Fresh Raspberry Fruit From Morocco Into the Continental United States
Document Number: 2016-20507
Type: Proposed Rule
Date: 2016-08-26
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the regulations concerning the importation of fruits and vegetables to allow the importation of fresh raspberry fruit from Morocco into the continental United States. As a condition of entry, the raspberries would have to be produced under a systems approach to mitigate for the fungus Monilinia fructigena and would have to be inspected prior to exportation from Morocco and found free of this pest. The raspberries would have to be imported in commercial consignments only, produced at registered places of production, and field inspected for signs of M. fructigena infection no more than 30 days prior to harvest in registered packinghouses. The raspberries would also have to be accompanied by a phytosanitary certificate with an additional declaration stating that the conditions for importation have been met. Raspberry consignments would be subject to further inspection at the port of entry into the continental United States. This action would allow the importation of raspberries from Morocco while continuing to protect against the introduction of plant pests into the United States.
Importation of Lemons From Chile Into the Continental United States
Document Number: 2016-20506
Type: Proposed Rule
Date: 2016-08-26
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are reopening the comment period for our proposed rule that would amend the fruits and vegetables regulations to list lemon (Citrus limon (L.) Burm. f.) from Chile as eligible for importation into the continental United States subject to a systems approach. This action will allow interested persons additional time to prepare and submit comments.
Television Broadcasting Services; Seaford, Delaware
Document Number: 2016-20504
Type: Rule
Date: 2016-08-26
Agency: Federal Communications Commission, Agencies and Commissions
In this Memorandum Opinion and Order, the Commission denies the application for review of the Media Bureau's dismissal of a petition for reconsideration of decisions that allotted VHF television channel 5 to Seaford, Delaware. The Media Bureau had dismissed the petition for reconsideration challenging the Seaford allotment because it was untimely filed and the Commission concludes that there is no basis to waive the statutory deadline for the filing of petitions for reconsideration.
Military Lending Act Limitations on Terms of Consumer Credit Extended to Service Members and Dependents
Document Number: 2016-20486
Type: Rule
Date: 2016-08-26
Agency: Department of Defense, Office of the Secretary
The Department of Defense (Department) is interpreting its regulation implementing the Military Lending Act (the MLA). The MLA as implemented by the Department, limits the military annual percentage rate (MAPR) that a creditor may charge to a maximum of 36 percent, requires certain disclosures, and provides other substantive consumer protections on ``consumer credit'' extended to Service members and their families. On July 22, 2015, the Department amended its regulation primarily for the purpose of extending the protections of the MLA to a broader range of closed-end and open-end credit products (the July 2015 Final Rule). This interpretive rule provides guidance on certain questions the Department has received regarding compliance with the July 2015 Final Rule.
Fisheries of the Northeastern United States; Monkfish; Framework Adjustment 9
Document Number: 2016-20483
Type: Rule
Date: 2016-08-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We are partially approving Framework Adjustment 9 to the Monkfish Fishery Management Plan. This action is necessary to better achieve the goals and objectives of the management plan and achieve optimum yield. It is intended to increase monkfish landings by enhancing the operational and economic efficiency of existing management measures.
Drawbridge Operation Regulation; Chester River, Chestertown, MD
Document Number: 2016-20482
Type: Rule
Date: 2016-08-26
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has issued a temporary deviation from the operating schedule that governs the S213 (MD 213) Bridge across the Chester River, mile 26.8, at Chestertown, MD. The deviation is necessary to facilitate bridge maintenance. This deviation allows the bridge to remain in the closed-to-navigation position.
Safety Zone; Portland Dragon Boat Races, Portland, OR
Document Number: 2016-20480
Type: Rule
Date: 2016-08-26
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce its Portland Dragon Boat Races safety zone regulations on September 10 and 11, 2016. Our regulations for this safety zone identifies the regulated area for this event. During the enforcement period, no person or vessel may enter or remain in the safety zone without permission from the Sector Columbia River Captain of the Port.
Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List Chambered Nautilus as Threatened or Endangered Under the Endangered Species Act
Document Number: 2016-20478
Type: Proposed Rule
Date: 2016-08-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, announce a 90-day finding on a petition to list the chambered nautilus (Nautilus pompilius) as a threatened species or an endangered species under the Endangered Species Act (ESA). We find that the petition, along with information readily available in our files, presents substantial scientific or commercial information indicating that the petitioned action may be warranted. We will conduct a status review of this species to determine whether the petitioned action is in fact warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information pertaining to the chambered nautilus from any interested party.
Longshore and Harbor Workers' Compensation Act: Maximum and Minimum Compensation Rates
Document Number: 2016-20467
Type: Proposed Rule
Date: 2016-08-26
Agency: Department of Labor, Office of Workers' Compensation Programs
The Office of Workers' Compensation Programs is proposing rules to implement the Longshore and Harbor Workers' Compensation Act's maximum and minimum compensation provisions. Some of these provisions, which cap the amounts of compensation and death benefits payable to entitled claimants and provide a floor below which compensation may not fall, have become the topic of litigation. The proposed rules would clarify how the Department interprets and applies these provisions. In addition, the proposed rules would implement the Act's annual compensation-adjustment mechanism for permanent total disability compensation and death benefits.
Schedules of Controlled Substances: Placement of Thiafentanil Into Schedule II
Document Number: 2016-20463
Type: Rule
Date: 2016-08-26
Agency: Drug Enforcement Administration, Department of Justice
The Drug Enforcement Administration is placing the substance thiafentanil (4-(methoxycarbonyl)-4-(N-phenmethoxyacetamido)-1-[2- (thienyl)ethyl]piperidine), including its isomers, esters, ethers, salts and salts of isomers, esters and ethers as possible, into schedule II of the Controlled Substances Act. This scheduling action is pursuant to the Controlled Substances Act, as revised by the Improving Regulatory Transparency for New Medical Therapies Act which was signed into law on November 25, 2015.
Partial Approval and Partial Disapproval of Air Quality Implementation Plans; New York; Interstate Transport Infrastructure SIP Requirements for the 2008 Ozone NAAQS
Document Number: 2016-20411
Type: Rule
Date: 2016-08-26
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is partially approving and partially disapproving elements of a New York State Implementation Plan (SIP) submittal pertaining to the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2008 ozone National Ambient Air Quality Standard (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. This action pertains specifically to infrastructure requirements concerning interstate transport provisions.
Airworthiness Directives; Airbus Airplanes
Document Number: 2016-20381
Type: Rule
Date: 2016-08-26
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Airbus Model A318 and A319 series airplanes, Model A320-211, -212, - 214, -231, -232, and -233 airplanes, and Model A321 series airplanes. This AD was prompted by a report of a partial loss of the no-back brake (NBB) efficiency during endurance qualification tests on the trimmable horizontal stabilizer actuator (THSA). This AD requires inspecting certain THSAs to determine the number of total flight cycles the THSA has accumulated, and replacing the THSA if necessary. We are issuing this AD to prevent premature wear of the carbon friction disks on the NBB of the THSA, which could lead to reduced braking efficiency in certain load conditions, and, in conjunction with the inability of the power gear train to keep the ball screw in its last commanded position, could result in uncommanded movements of the trimmable horizontal stabilizer and loss of control of the airplane.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2016-20378
Type: Proposed Rule
Date: 2016-08-26
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This proposed AD was prompted by reports of two cases where the main landing gear (MLG) failed to fully extend; it was determined that interference between the MLG door and the MLG fairing seal prevented the MLG door from opening fully. This proposed AD would require repetitive detailed inspections of the MLG fairing, fairing seal, door, and adjacent structures; and replacement or repair of affected parts and fasteners, or removal of the door, if necessary. This proposed AD would also require installation of a safety guide in the MLG fairing and an increase of the spacing between the MLG door and the fairing, which would terminate the repetitive inspections. We are proposing this AD to detect and correct interference between the MLG door and the MLG fairing seal. Such interference could result in a MLG failing to fully extend, which could cause an unsafe asymmetric landing configuration.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2016-20376
Type: Rule
Date: 2016-08-26
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705) and CL- 600-2D24 (Regional Jet Series 900) airplanes. This AD was prompted by two in-service incidents reported on Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes regarding a loss of all air data information in the flight deck. This AD requires revision of the airplane flight manual (AFM) to provide procedures to guide the crew to stabilize the airplane's airspeed and attitude for continued safe flight. We are issuing this AD to prevent loss of air data information that may affect continued safe flight.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2016-20375
Type: Rule
Date: 2016-08-26
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 777 airplanes. This AD was prompted by a report of an incident involving a landing in which the pilots needed to input corrections due to airplane yaw and roll to the right; the main landing gear (MLG) aft trunnion pin was later found to be fractured. This AD requires identification and replacement of certain MLG aft trunnion pins. We are issuing this AD to prevent a fractured MLG aft trunnion pin, which could result in collapse of the MLG and consequent loss of control of the airplane during landing.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2016-20374
Type: Rule
Date: 2016-08-26
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 requires a one-time inspection of the engine pylon wiring bracket on the left wing for the presence of an existing corner relief fillet, and corrective action if necessary. This AD was prompted by a report indicating that the engine pylon wiring bracket on certain airplanes was missing a corner relief fillet, which could result in stress concentration and cracking in the engine pylon wiring bracket. We are issuing this AD to detect and correct cracking in the engine pylon wiring bracket. Such cracking could result in damage to adjacent power feeders, subsequent electrical arcing in a flammable leakage zone, and consequent uncontrollable fire.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Sierra Nevada Yellow-Legged Frog, the Northern DPS of the Mountain Yellow-Legged Frog, and the Yosemite Toad
Document Number: 2016-20352
Type: Rule
Date: 2016-08-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Sierra Nevada yellow-legged frog (Rana sierrae), the northern distinct population segment (DPS) of the mountain yellow-legged frog (Rana muscosa), and the Yosemite toad (Anaxyrus canorus) under the Endangered Species Act of 1973, as amended (Act). There is significant overlap in the critical habitat designations for these three species. The designated area, taking into account overlap in the critical habitat designations for these three species, is in total approximately 733,357 hectares (ha) (1,812,164 acres (ac)) in Alpine, Amador, Calaveras, El Dorado, Fresno, Inyo, Lassen, Madera, Mariposa, Mono, Nevada, Placer, Plumas, Sierra, Tulare, and Tuolumne Counties, California. All critical habitat units and subunits are occupied by the respective species. The effect of this rule is to designate critical habitat under the Act for the conservation of the Sierra Nevada yellow-legged frog, the northern DPS of the mountain yellow-legged frog, and the Yosemite toad.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Control of Emissions of Volatile Organic Compounds From the Reynolds Consumer Products LLC-Bellwood Printing Plant
Document Number: 2016-20299
Type: Rule
Date: 2016-08-26
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Commonwealth of Virginia (Virginia) state implementation plan (SIP). The revision would remove a consent agreement and order (consent order) previously included in the Virginia SIP to address reasonably available control technology (RACT) requirements for volatile organic compounds (VOCs) control at the Reynolds Consumer Product LLC (Reynolds) plant and include a state operating permit in the SIP to continue to address RACT requirements for the Reynolds plant. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Virginia; State Operating Permit Conditions for the Control of Emissions of Volatile Organic Compounds from the Reynolds Consumer Products LLC-Bellwood Printing Plant
Document Number: 2016-20297
Type: Proposed Rule
Date: 2016-08-26
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) proposes to approve the state implementation plan (SIP) revision submitted by the Commonwealth of Virginia (Virginia) for the purpose of removing a consent agreement and order (consent order) previously included in the Virginia SIP to address reasonably available control technology (RACT) requirements for volatile organic compounds (VOCs) control at Reynolds Consumer Product LLC (Reynolds) plant and include a state operating permit for the Reynolds plant in the SIP to continue to address RACT requirements. In the Final Rules section of this Federal Register, EPA is approving the Commonwealth's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. A more detailed description of the state submittal and EPA's evaluation is included in a technical support document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document or is also available electronically within the Docket for this rulemaking action. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2016-20075
Type: Rule
Date: 2016-08-26
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 767-200 and -300 series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the aft pressure bulkhead web to pressure chord joint is subject to widespread fatigue damage (WFD). This AD requires repetitive high frequency eddy current (HFEC) inspections of the aft pressure bulkhead web at fasteners common to the bulkhead web and pressure chord, around the entire circumference of the pressure chord, for any crack, and repair of cracks. We are issuing this AD to detect and correct cracks in the aft pressure bulkhead web. Such cracking could result in the loss of structural integrity of the airplane.
Airworthiness Directives; PILATUS Aircraft Ltd. Airplanes
Document Number: 2016-20074
Type: Rule
Date: 2016-08-26
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for PILATUS Aircraft Ltd. Model PC-7 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as stress corrosion cracking on the main frame on frame 11 left and right fittings. We are issuing this AD to require actions to address the unsafe condition on these products.
Airworthiness Directives; Textron Aviation, Inc. Airplanes
Document Number: 2016-20073
Type: Rule
Date: 2016-08-26
Agency: Federal Aviation Administration, Department of Transportation
We are superseding Airworthiness Directive (AD) 2016-07-24 for all Textron Aviation, Inc. Models 310 through 310R, E310H, E310J, T310P through T310R, 310J-1, 320 through 320F, 320-1, 335, 340, 340A, 401 through 401B, 402 through 402C, 411, 411A, 414, 414A, and 421 through 421C airplanes (type certificates 3A10, 3A25, and A7CE previously held by Cessna Aircraft Company). AD 2016-07-24 required replacement and repetitive inspections of the hardware securing the elevator trim tab push-pull rod. This AD retains the actions for AD 2016-07-24 but revises the repetitive inspection intervals and allows for a longer bolt for the attachment of the elevator trim tab actuator rod end to the push-pull tube connection and/or for the elevator trim tab horn end to the push-pull tube connection. This AD was prompted by comments indicating difficulties with bolt installation and requesting a revision to repetitive inspection intervals to coincide with established inspection intervals. We are issuing this AD to prevent jamming of the elevator trim tab in a position outside the normal limits of travel due to the loss of the attachment hardware connecting the elevator trim tab actuator to the elevator trim tab push-pull rod, which could result in loss of control.
Airworthiness Directives; RUAG Aerospace Services GmbH Airplanes
Document Number: 2016-20072
Type: Rule
Date: 2016-08-26
Agency: Federal Aviation Administration, Department of Transportation
We are superseding Airworthiness Directive (AD) 2009-13-04 for RUAG Aerospace Services GmbH Models 228-100, 228-101, 228-200, 228-201, 228-202, and 228-212 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as excessive wear on the guide pin of the power lever or condition lever, which could cause functional loss of the flight idle stop. We are issuing this AD to require actions to address the unsafe condition on these products.
Privacy Act Procedures
Document Number: 2016-19749
Type: Proposed Rule
Date: 2016-08-26
Agency: Department of the Interior, National Indian Gaming Commission
The purpose of this document is to propose amendments to the procedures followed by the National Indian Gaming Commission (Commission) when processing a request under the Privacy Act of 1974. The proposed amendments make the following changes to the current regulations. These changes will serve to update certain Commission information, streamline how the Commission processes its Privacy Act requests, and aligns those processes with its procedures for processing Freedom of Information Act requests.
Notice of Adoption of the Health and Human Services Acquisition Regulations (HHSAR) and OIG Class Deviations
Document Number: 2016-18790
Type: Rule
Date: 2016-08-26
Agency: Department of Health and Human Services
This announcement establishes that the OIG contracting activity will follow the requirements of the HHSAR, subject to three deviations establishing that OIG personnel shall seek legal guidance from the Office of Counsel to the Inspector General instead of the Office of the General Counsel.
Agriculture and Food Research Initiative Competitive Federal Grants Program-General Administration Provisions
Document Number: 2016-18422
Type: Rule
Date: 2016-08-26
Agency: Department of Agriculture, National Institute of Food and Agriculture
The National Institute of Food and Agriculture (NIFA) is publishing as a final rule a revision to the general administrative guidelines applicable to the Agriculture and Food Research Initiative (AFRI) competitive grant program. The purpose of this final rule is to implement the Agriculture and Food Research Initiative commodity board provision added by section 7404 of the Agricultural Act of 2014 making it necessary to modify the AFRI regulations.
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