September 19, 2016 – Federal Register Recent Federal Regulation Documents

Revised Medical Criteria for Evaluating Respiratory System Disorders
Document Number: C1-2016-13275
Type: Rule
Date: 2016-09-19
Agency: Social Security Administration, Agencies and Commissions
Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food and Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food for Animals; Definition of Qualified Auditor; Announcement of Effective Date
Document Number: 2016-22494
Type: Rule
Date: 2016-09-19
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or we) is announcing the effective date for the definition of qualified auditor in the two final rules that appeared in the Federal Register of September 17, 2015.
Security Zone; 22nd International Seapower Symposium, Goat Island, Newport, RI
Document Number: 2016-22464
Type: Rule
Date: 2016-09-19
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary security zone along the western shore of Goat Island, Newport, Rhode Island, including the vicinity of Newport Harbor Light at the northeastern point of Goat Island to and around the Goat Island Connector between Goat Island and Newport, Rhode Island, in conjunction with the 22nd International Seapower Symposium. Entry into this zone by any vessel or persons is prohibited unless specifically authorized by the Captain of the Port (COTP), Southeastern New England or the COTP's designated on- scene representative.
Security Zone; 22nd International Seapower Symposium Special Events, Rosecliff Mansion and Newport Marriott Hotel, Newport, RI
Document Number: 2016-22463
Type: Rule
Date: 2016-09-19
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary 500-yard security zone on the waters adjacent to Rosecliff Mansion and the Newport Marriott Hotel, in Newport, Rhode Island, in conjunction with special events of the U.S. Navy's 22nd International Seapower Symposium. Vessels and people are prohibited from entering these security zones.
Endangered and Threatened Wildlife and Plants: Proposed Rule To List the Maui's Dolphin as Endangered and the South Island Hector's Dolphin as Threatened Under the Endangered Species Act
Document Number: 2016-22451
Type: Proposed Rule
Date: 2016-09-19
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, propose to list the Maui's dolphin (Cephalorhynchus hectori maui) as endangered and the South Island Hector's dolphin (C. hectori hectori) as threatened under the Endangered Species Act (ESA). We have reviewed the best available scientific and commercial data and completed a comprehensive status review for these two subspecies of Hector's dolphin (C. hectori). The Maui's dolphin faces serious demographic risks due to critically low abundance, a low population growth rate, a restricted range, low genetic diversity, and ongoing threats such as bycatch in commercial and recreational gillnets. We have determined Maui's dolphin is currently in danger of extinction throughout its range and, therefore, meets the definition of an endangered species. The relatively more abundant and more widely distributed South Island Hector's dolphin has experienced large historical declines and is expected to continue to slowly decline due to bycatch and other lesser threats, such as disease and impacts associated with tourism. We have determined that this subspecies 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; and therefore, it meets the definition of a threatened species. Both subspecies occur only in New Zealand. We are authorized to designate critical habitat within U.S. jurisdiction only, and we are not aware of any areas within U.S jurisdiction that may meet the definition of critical habitat under the ESA. Therefore, we are not proposing to designate critical habitat. We are soliciting public comments on our status review report and proposal to list these two subspecies.
Endangered and Threatened Wildlife and Plants; Proposed Rule To List Two Guitarfishes as Threatened
Document Number: 2016-22450
Type: Proposed Rule
Date: 2016-09-19
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, have completed a comprehensive status review under the Endangered Species Act (ESA) for the common guitarfish (Rhinobatos rhinobatos) and the blackchin guitarfish (Rhinobatos cemiculus). We have determined that, based on the best scientific and commercial data available, and after taking into account efforts being made to protect these species, both species meet the definition of a threatened species under the ESA. Therefore, we propose to list both species as threatened species under the ESA. We are not proposing to designate critical habitat for either of the species proposed for listing because the geographical areas occupied by these species are entirely outside U.S. jurisdiction. We are soliciting comments on our proposal to list these two foreign marine guitarfish species.
Country-by-Country Reporting; Correction
Document Number: 2016-22440
Type: Rule
Date: 2016-09-19
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to final regulations (TD 9773) that were published in the Federal Register on Thursday, June 30, 2016 (81 FR 42482). This document contains final regulations that require annual country-by-country reporting by certain United States persons that are the ultimate parent entity of a multinational enterprise group.
Airworthiness Directives; Airbus Airplanes
Document Number: 2016-22435
Type: Proposed Rule
Date: 2016-09-19
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A319-115, A319-132, A320-214, A320-232, A321-211, A321-213, and A321-231 airplanes. This proposed AD was prompted by a report of certain tie rod assemblies installed on the hinged fairing assembly of the main landing gear (MLG) with no cadmium plating on the rod end threads. This proposed AD would require a detailed inspection of certain tie rod assemblies installed on the hinged fairing assembly of the MLG for the presence of cadmium plating, and replacement of tie rod assemblies without cadmium plating. We are proposing this AD to detect and correct the absence of cadmium plating on the rod end threads of the tie rod assemblies. The absence of cadmium plating could lead to galvanic corrosion of the tie rod end threads, resulting in rod end failure, loss of a MLG door, and consequent damage to the airplane.
Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes
Document Number: 2016-22434
Type: Proposed Rule
Date: 2016-09-19
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede Airworthiness Directive (AD) 2013-23- 02, for all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN- 235-200, CN-235-300, and C-295 airplanes. AD 2013-23-02 currently requires an inspection of the feeder cables of certain fuel booster pumps for damage (including, but not limited to, signs of electrical arcing and fuel leaks), and replacement if necessary. Since we issued AD 2013-23-02, we have determined that a modification is necessary to address the identified unsafe condition. This proposed AD would retain the requirements of AD 2013-23-02 and would also require modification of the electrical installation of the fuel booster pumps. We are proposing this AD to prevent damage to certain fuel booster pumps, which could create an ignition source in the fuel tank vapor space, and result in a fuel tank explosion and consequent loss of the airplane.
System Safeguards Testing Requirements for Derivatives Clearing Organizations
Document Number: 2016-22413
Type: Rule
Date: 2016-09-19
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``Commission'') is adopting enhanced requirements for testing by a derivatives clearing organization (``DCO'') of its system safeguards, as well as additional amendments to reorder and renumber certain paragraphs within the regulations and make other minor changes to improve the clarity of the rule text.
Privacy Act of 1974; Implementation
Document Number: 2016-22412
Type: Proposed Rule
Date: 2016-09-19
Agency: Department of Justice
Elsewhere in this issue of the Federal Register, the Federal Bureau of Investigation (FBI), a component of the United States Department of Justice (``Department'' or ``DOJ''), has published a notice of a new Privacy Act system of records, ``FBI Insider Threat Program Records (ITPR),'' JUSTICE/FBI-023. In this notice of proposed rulemaking, the FBI proposes to exempt this system from certain provisions of the Privacy Act in order to avoid interference with efforts to detect, deter, and/or mitigate insider threats to national security or to the FBI and its personnel, facilities, resources, and activities. For the reasons provided below, the Department proposes to amend its Privacy Act regulations by establishing an exemption for records in this system from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). Public comment is invited.
Qualification Standards for Enlistment, Appointment, and Induction
Document Number: 2016-22408
Type: Rule
Date: 2016-09-19
Agency: Department of Defense, Office of the Secretary
This rule updates policies and responsibilities for basic entrance qualification standards for enlistment, appointment, and induction into the Armed Forces and delegates the authority to specify certain standards to the Secretaries of the Military Departments. It establishes the age, aptitude, character/conduct, citizenship, dependents, education, medical, physical fitness, and other disqualifying conditions that are causes for rejection from military service. Other standards may be prescribed in the event of mobilization or national emergency. This rule sets standards designed to ensure that individuals under consideration for enlistment, appointment, and/or induction are able to perform military duties successfully, and to select those who are the most suitable for Service life.
Partial Approval and Partial Disapproval of Air Quality Implementation Plans; NJ; Infrastructure SIP Requirements for 2008 Lead, 2008 Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 PM2.5
Document Number: 2016-22400
Type: Rule
Date: 2016-09-19
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is partially approving and partially disapproving elements of a New Jersey State Implementation Plan (SIP) submittal pertaining to the infrastructure requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA) for the 2008 Lead, 2008 Ozone, 2010 Nitrogen Dioxide (NO2), 2010 Sulfur Dioxide (SO2), 2011 Carbon Monoxide (CO), 2006 Particulate Matter of ten microns or less (PM10), and 2012 Particulate Matter of 2.5 microns or less (PM2.5) National Ambient Air Quality Standards (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 relating to interstate transport provisions concerning the Prevention of Significant Deterioration of Air Quality (PSD) regulations, and visibility protection.
Air Plan Approval; Ohio; Infrastructure SIP Requirements for the 2012 PM2.5
Document Number: 2016-22360
Type: Rule
Date: 2016-09-19
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving elements of the state implementation plan (SIP) submission from Ohio regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 fine particulate matter (PM2.5) National Ambient Air Quality Standards (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. The proposed rule associated with this final action was published on June 23, 2016, and we received no comments.
Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates-Passport Services Fee Changes
Document Number: 2016-22215
Type: Proposed Rule
Date: 2016-09-19
Agency: Department of State
The Department of State proposes an adjustment to the Schedule of Fees for Consular Services of the Department of State's Bureau of Consular Affairs (``Schedule of Fees'' or ``Schedule'') for the execution fee for passport books and cards. The Department is adjusting this fee in light of the findings of the most recent annual update to the Cost of Service Model to better align the fees for consular services with the costs of providing those services.
Airworthiness Directives; Airbus Airplanes
Document Number: 2016-22191
Type: Rule
Date: 2016-09-19
Agency: Federal Aviation Administration, Department of Transportation
We are superseding Airworthiness Directive (AD) 2005-15-07 for certain Airbus Model A320-111 airplanes and Model A320-200 series airplanes. AD 2005-15-07 required installing insulator and cable ties to the electrical cables of the S routes at the gaps in the raceway in the wing trailing edge and the wing tip and wing root areas. This new AD requires additional modifications in the trailing edges of both wings. This new AD also removes airplanes from the applicability. This AD was prompted by reports of wire chafing in the left-hand wing trailing edge. We are issuing this AD to prevent wire chafing in the trailing edge of the wings, which could result in a short circuit in the vicinity of the fuel tanks, consequently resulting in a potential source of ignition in a fuel tank vapor space and consequent fuel tank explosion.
Airworthiness Directives; Fokker Services B.V. Airplanes
Document Number: 2016-22186
Type: Rule
Date: 2016-09-19
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Fokker Services B.V. Model F28 Mark 0070 and Mark 0100 airplanes. This AD was prompted by reports of cracking in a certain area of the pressure bulkhead webplate and skin connection angle. This AD requires a one-time inspection of the affected pressure bulkhead webplate and skin connection angle, and corrective actions if necessary. We are issuing this AD to detect and correct cracking of the pressure bulkhead webplate and skin connection angle that could lead to sudden inflight decompression of the airplane, resulting in injury to occupants.
Airworthiness Directives; Viking Air Limited Airplanes
Document Number: 2016-22183
Type: Rule
Date: 2016-09-19
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for Viking Air Limited Models DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III 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 corrosion of the elevator control rod and of the elevator actuating lever on the control column. We are issuing this AD to detect and correct corrosion and/or cracking of the elevator control rod assemblies and the elevator actuating lever, which if not detected and corrected, could cause these components to fail. This failure could result in loss of control.
System Safeguards Testing Requirements
Document Number: 2016-22174
Type: Rule
Date: 2016-09-19
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is adopting final rules amending its current system safeguards rules for designated contract markets, swap execution facilities, and swap data repositories, by enhancing and clarifying current provisions relating to system safeguards risk analysis and oversight and cybersecurity testing, and adding new provisions concerning certain aspects of cybersecurity testing. The final rules clarify the Commission's current system safeguards rules for all designated contract markets, swap execution facilities, and swap data repositories by specifying and defining the types of cybersecurity testing essential to fulfilling system safeguards testing obligations. These testing types are vulnerability testing, penetration testing, controls testing, security incident response plan testing, and enterprise technology risk assessment. The final rules also clarify current rule provisions respecting: The categories of risk analysis and oversight that statutorily-required programs of system safeguards- related risk analysis and oversight must address; system safeguards- related books and records obligations; the scope of system safeguards testing; internal reporting and review of testing results; and remediation of vulnerabilities and deficiencies. In addition, the final rules adopt new provisions set forth in the Commission's Notice of Proposed Rulemaking, applicable to covered designated contract markets (as defined) and all swap data repositories, establishing minimum frequency requirements for conducting certain types of cybersecurity testing, and requiring performance of certain tests by independent contractors.
Voluntary Disclosure Reporting Program
Document Number: 2016-21966
Type: Proposed Rule
Date: 2016-09-19
Agency: Federal Aviation Administration, Department of Transportation
This notice describes a proposed order through which the Federal Aviation Administration plans to designate a certain category of information as protected from public disclosure pursuant to a Voluntary Disclosure Reporting Program. The Federal Aviation Administration is required to protect the information from disclosure to the public, including disclosure required by statute, such as the Freedom of Information Act, following issuance of an order designating the information as protected. The instant designation is intended to encourage participation in the Voluntary Disclosure Reporting Program.
Access to Classified Information by Historical Researchers and Certain Former Government Personnel
Document Number: 2016-21825
Type: Rule
Date: 2016-09-19
Agency: Central Intelligence Agency, Executive Office of the President
Consistent with Executive Order 13526, the Central Intelligence Agency (CIA) is providing greater clarity about the procedures under which it may provide historical researchers and certain former Government personnel with access to classified CIA information. This rule is being issued as a final rule without prior notice of proposed rulemaking as allowed by the Administrative Procedure Act for rules of agency procedure and interpretation.
Small Business Investment Companies (SBIC); Early Stage Initiative
Document Number: 2016-21509
Type: Proposed Rule
Date: 2016-09-19
Agency: Small Business Administration, Agencies and Commissions
In this proposed rule, SBA is making changes to its Early Stage Small Business Investment Company (SBIC) initiative, which was launched in 2012 as a 5-year effort as part of President Obama's Startup America Initiative. The intent of the initiative was to license and provide SBA-guaranteed leverage to Early Stage SBICs that would focus on making investments in early stage small businesses. Although 62 investment funds applied to the program, few satisfied SBA's licensing criteria. To date, SBA has only licensed five Early Stage SBICs. In an attempt to attract more qualified early stage fund managers, this rule proposes changes to the initiative with respect to licensing, non-SBA borrowing, and leverage eligibility. These proposed changes are based in part on feedback SBA received on an Advance Notice of Proposed Rulemaking (ANPRM) that was published in March 2015. In addition, this rule reflects SBA's intention to continue licensing and providing SBA-guaranteed leverage to Early Stage SBICs beyond the 5- year term of the initiative, and proposes certain technical changes to SBA's Early Stage regulations.
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