September 23, 2016 – Federal Register Recent Federal Regulation Documents

Proposed Revision of Annual Information Return/Reports; Proposed Rule
Document Number: 2016-22989
Type: Proposed Rule
Date: 2016-09-23
Agency: Department of Labor
The purpose of this Notice is to announce an extension of the comment period on the Notice of Proposed Revision of Annual Information Return/Reports published in the Federal Register on July 21, 2016, by the Department of Labor, the Internal Revenue Service, and the Pension Benefit Guaranty Corporation, and the separate but related Notice of Proposed Rulemaking published in the Federal Register on July 21, 2016, by the Department of Labor.
Flupyradifurone; Pesticide Tolerances
Document Number: 2016-22976
Type: Rule
Date: 2016-09-23
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of flupyradifurone in or on multiple commodities which are identified and discussed later in this document. Bayer CropScience LP requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Hours of Service of Drivers; Parts and Accessories: ArcelorMittal Indiana Harbor, LLC, Application for Exemptions
Document Number: 2016-22963
Type: Rule
Date: 2016-09-23
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant ArcelorMittal Indiana Harbor, LLC (ArcelorMittal) exemptions from the hours of service (HOS) and parts and accessories rules. One exemption will allow ArcelorMittal's employee-drivers with commercial driver's licenses (CDLs) who transport steel coils between their production and shipping locations on public roads to work up to 16 hours per day and return to work with less than the mandatory 10 consecutive hours off duty. The other exemption will allow ArcelorMittal to use coil carriers that do not meet the ``heavy hauler trailer'' definition, height of rear side marker lights restrictions, tire loading restrictions, and the coil securement requirements.
Method of Accounting for Gains and Losses on Shares in Money Market Funds; Broker Returns With Respect to Sales of Shares in Money Market Funds; Correction
Document Number: 2016-22950
Type: Rule
Date: 2016-09-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to final regulations (TD 9774) that were published in the Federal Register on July 8, 2016 (81 FR 44508). The final regulations provide a simplified method of accounting for gains and losses on shares in money market funds (MMFs). The final regulations also provide guidance regarding information reporting requirements for shares in MMFs.
Income Inclusion When Lessee Treated as Having Acquired Investment Credit Property; Correction
Document Number: 2016-22945
Type: Rule
Date: 2016-09-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to temporary regulations (TD 9776) that were published in the Federal Register on July 22, 2016 (81 FR 47701). The temporary regulations provide guidance regarding the income inclusion rules under section 50(d)(5) of the Internal Revenue Code (Code) that are applicable to a lessee of investment credit property when a lessor of such property elects to treat the lessee as having acquired the property.
Requirement To Notify the IRS of Intent To Operate as a Section 501(c)(4) Organization; Correction
Document Number: 2016-22939
Type: Rule
Date: 2016-09-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to final and temporary regulations (TD 9775) that were published in the Federal Register on July 12, 2016 (81 FR 45008). The final and temporary regulations are relating to the requirement, added by the Protecting Americans from Tax Hikes Act of 2015, that organizations must notify the IRS of their intent to operate under section 501(c)(4) of the Internal Revenue Code.
Parts and Accessories Necessary for Safe Operation; Windshield-Mounted Technologies
Document Number: 2016-22923
Type: Rule
Date: 2016-09-23
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to allow the voluntary mounting of certain devices on the interior of the windshields of commercial motor vehicles (CMVs), including placement within the area that is swept by the windshield wipers. Section 5301 of the Fixing America's Surface Transportation (FAST) Act directs the Agency to amend the FMCSRs to allow devices to be mounted on the windshield that utilize ``vehicle safety technology,'' as defined in the Act. In addition, the section 5301 states that all windshield mounted devices/technologies with a limited 2-year exemption in effect on the date of enactment, shall be considered to meet the equivalent-or-greater safety standard required for the initial exemption. Promulgation of this final rule is a nondiscretionary, ministerial action that does not require prior notice and public comment under the Administrative Procedure Act (APA).
Safety Zone; South Branch of the Chicago River and Chicago Sanitary and Ship Canal, Chicago, IL
Document Number: 2016-22919
Type: Rule
Date: 2016-09-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the South Branch of the Chicago River and the Chicago Sanitary and Ship Canal. This action is necessary to protect spectators, participants, and vessels from the hazards associated with the Tough Cup event on these navigable waters in Chicago, IL, on September 24, 2016. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Lake Michigan or a designated representative.
Drawbridge Operation Regulation; North Landing River, Chesapeake, VA
Document Number: 2016-22916
Type: Rule
Date: 2016-09-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has modified a temporary deviation from the operating schedule that governs the S165 (North Landing Road) Bridge across the North Landing River, mile 20.2, at Chesapeake, VA. This modified deviation is necessary to perform emergency bridge repairs and provide for safe navigation. This modified deviation allows the bridge to remain in the closed-to-navigation position.
Drawbridge Operation Regulation; New River, Fort Lauderdale, FL
Document Number: 2016-22915
Type: Rule
Date: 2016-09-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is changing the operating schedule that governs the Florida East Coast Railway (FEC) Railroad Bridge across the New River, mile 2.5, at Fort Lauderdale, FL. This rule implements requirements for the operator to ensure that adequate notice of bridge closure times are available to the waterway traffic. It also changes the schedule from requiring openings ``on demand'' to an operating regulation requiring the bridge to be open no fewer than 60 minutes in every 2 hour period. Changing the bridge operating schedule will allow the bridge owner to operate the Bridge remotely with assistance from the onsite bridge tender.
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Program
Document Number: 2016-22911
Type: Proposed Rule
Date: 2016-09-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a proposed rule to implement Amendment 47 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP) and to make minor clarifications to regulations implementing the Crab FMP. This proposed rule addresses how individual processing quota (IPQ) use caps apply to the Bering Sea Chionoecetes bairdi Tanner crab fisheries: The eastern C. bairdi Tanner (EBT) and the western C. bairdi Tanner (WBT). This proposed rule would exempt EBT and WBT IPQ crab that is custom processed at a facility through contractual arrangements with the processing facility owners from being applied against the IPQ use cap of the processing facility owners, thereby allowing a facility to process more crab without triggering the IPQ use cap. This proposed exemption is necessary to allow all of the EBT and WBT Class A individual fishing quota crab to be processed at the facilities currently processing EBT and WBT crab, and would have significant positive economic effects on the fishermen, processors, and communities that participate in the EBT and WBT fisheries. This proposed rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Crab FMP, and other applicable law.
Evidence From Excluded Medical Sources of Evidence
Document Number: 2016-22909
Type: Rule
Date: 2016-09-23
Agency: Social Security Administration, Agencies and Commissions
In accordance with section 812 of the Bipartisan Budget Act of 2015 (BBA section 812), these rules explain how we will address evidence furnished by medical sources that meet one of BBA section 812's exclusionary categories (excluded medical sources of evidence) as described below. Under these new rules, we will not consider evidence furnished by an excluded medical source of evidence unless we find good cause to do so. We identify five circumstances in which we may find good cause. In these rules, we also require excluded medical sources of evidence to notify us of their excluded status under section 223(d)(5)(C)(i) of the Social Security Act (Act), as amended, in writing each time they furnish evidence to us that relates to a claim for initial or continuing benefits under titles II or XVI of the Act. These rules will allow us to fulfill obligations that we have under BBA section 812.
Metropolitan Planning Organization Coordination and Planning Area Reform
Document Number: 2016-22907
Type: Proposed Rule
Date: 2016-09-23
Agency: Federal Highway Administration, Department of Transportation, Federal Transit Administration
The FHWA and FTA are reopening the comment period for the NPRM that was published on June 27, 2016, at 81 FR 41473, in order to receive additional public comment on targeted issues. The NPRM proposes revisions to the transportation planning regulations to promote more effective regional planning by States and metropolitan planning organizations (MPO). The original comment period closed on August 26, 2016. The FHWA and FTA received a number of requests to extend the comment period. The FHWA and FTA recognize that those interested in commenting on this important program may not have had the opportunity to provide comments and that the comment period should be reopened. Therefore, the comment period is being reopened.
Payment of Premiums; Late Payment Penalty Relief
Document Number: 2016-22901
Type: Rule
Date: 2016-09-23
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
The Pension Benefit Guaranty Corporation (PBGC) is lowering the rates of penalty charged for late payment of premiums by all plans, and providing a waiver of most of the penalty for plans with a demonstrated commitment to premium compliance.
Proposed Amendment of Class E Airspace for the Following Iowa Towns; Algona, IA; Ankeny, IA; Atlantic, IA; Belle Plane, IA; Creston, IA; Estherville, IA; Grinnell, IA; Guthrie Center, IA; and Oelwein, IA
Document Number: 2016-22889
Type: Proposed Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify Class E surface area at Ankeny Regional Airport, Ankeny, IA; and Class E airspace extending upward from 700 feet above the surface at Algona Municipal Airport, Algona, IA; Ankeny Regional Airport; Atlantic Municipal Airport, Atlantic, IA; Belle Plaine Municipal Airport, Belle Plaine, IA; Creston Municipal Airport, Creston, IA; Estherville Municipal Airport, Estherville, IA; Grinnell Regional Airport, Grinnell, IA; Guthrie County Regional Airport, Guthrie Center, IA; and Oelwein Municipal Airport, Oelwein, IA. Decommissioning of non- directional radio beacons (NDB), cancellation of NDB approaches, and implementation of area navigation (RNAV) procedures have made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the above airports. Additionally, the geographic coordinates for Algona Municipal Airport, Atlantic Municipal Airport, and Grinnell Regional Airport would be adjusted to coincide with the FAA's aeronautical database. The name of Belle Plaine, IA, would also be adjusted to correct a misspelling in the legal description.
Approval of California Air Plan Revisions, Ventura County Air Pollution Control District; Prevention of Significant Deterioration
Document Number: 2016-22883
Type: Proposed Rule
Date: 2016-09-23
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Ventura County Air Pollution Control District (VCAPCD or District) portion of the California State Implementation Plan (SIP). The State of California (State) is required under the Clean Air Act (CAA or Act) to adopt and implement a SIP-approved Prevention of Significant Deterioration (PSD) permit program. These proposed SIP revisions would incorporate a PSD rule for the VCAPCD into the SIP to establish a PSD permit program for pre-construction review of certain new and modified major stationary sources in attainment and unclassifiable areas within the District. We are taking public comments on this proposal and plan to follow with a final action following consideration of the public comments received.
Freedom of Information Act Policies and Procedures
Document Number: 2016-22863
Type: Proposed Rule
Date: 2016-09-23
Agency: Office of the United States Trade Representative
As part of a comprehensive review of agency practices related to the disclosure of records and information, the Office of the United States Trade Representative (USTR) is updating its implementing rule under the Freedom of Information Act (FOIA). The proposed rule, which is modeled after a template provided by the U.S. Department of Justice, describes how to make a FOIA request to USTR and how the FOIA Office, which includes the USTR officials who are authorized to work on FOIA requests, processes requests for records. We are in the process of renaming and reorganizing part 2004 to include all of the rules governing disclosure of USTR records and information, and with this proposed rule, we are moving the FOIA rule into a new subpart B to part 2004.
Minerals Management: Adjustment of Cost Recovery Fees
Document Number: 2016-22841
Type: Rule
Date: 2016-09-23
Agency: Department of the Interior, Bureau of Land Management
This final rule updates the fees set forth in the Bureau of Land Management (BLM) mineral resources regulations for the processing of certain minerals program-related actions. It also adjusts certain filing fees for minerals-related documents. These updated fees include those for actions such as lease renewals and mineral patent adjudications.
Airworthiness Directives; B-N Group Ltd. Airplanes
Document Number: 2016-22831
Type: Proposed Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for B-N Group Ltd. Models BN-2, BN-2A, BN-2A-2, BN-2A-3, BN-2A-6, BN-2A-8, BN- 2A-9, BN-2A-20, BN-2A-21, BN-2A-26, BN-2A-27, BN-2B-20, BN-2B-21, BN- 2B-26, BN-2B-27, BN-2T-4R, BN-2T, BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3 (all models on Type Certificate Data Sheets A17EU and A29EU) airplanes that would supersde AD 2016-06-01. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated 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 cracks in the inner shell of certain pitot/ static pressure heads. We are issuing this proposed AD to change the model applicability due to errors found in AD 2016-06-01.
Amendment of Class E Airspace; Indiana, PA
Document Number: 2016-22749
Type: Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E Airspace at Indiana, PA, to accommodate the new runway at Indiana County Airport (Jimmy Stewart Field). This action enhances the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also updates the geographic coordinates of the airport.
Amendment of Class D and E Airspace, Falmouth, MA
Document Number: 2016-22748
Type: Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace designated as an extension at Cape Cod Coast Guard Air Station, (formerly Otis ANGB), Falmouth, MA, as the Otis TACAN has been decommissioned, requiring airspace reconfiguration. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport. This action also updates the geographic coordinates of the airport in the existing Class D and E airspace areas, as well as Falmouth Airpark, Barnstable Municipal Airport-Boardman/Polando Field, Chatham Municipal Airport, Martha's Vineyard Airport, (formerly Martha's Vineyard Municipal Airport), and the BOGEY LOM.
Amendment of Class E Airspace; Glasgow, KY
Document Number: 2016-22746
Type: Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E Airspace at Glasgow, KY as the Beaver Creek Non-Directional Beacon (NDB) has been decommissioned, requiring airspace reconfiguration at Glasgow Municipal Airport. This action enhances the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also updates the geographic coordinates of the airport.
Amendment of Class D and Class E Airspace; Hagerstown, MD
Document Number: 2016-22744
Type: Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E Airspace Designated as an Extension to a Class D Surface Area by eliminating the Notice to Airmen (NOTAM) part time status for Hagerstown Regional Airport-Richard A. Henson Field, Hagerstown, MD, for the safety and management of IFR operations. Also, this action recognizes the name change to Hagerstown Regional Airport-Richard A. Henson Field, (formerly Washington County Regional Airport), Hagerstown, MD, and updates the geographic coordinates of the airport listed in Class D and E airspace.
Federal Civil Penalties Adjustment Act Amendments
Document Number: 2016-22732
Type: Rule
Date: 2016-09-23
Agency: Department of Veterans Affairs
The Federal Civil Monetary Penalties Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, sets forth a formula increasing the maximum statutory amounts for civil monetary penalties and requires federal agencies to give notice of the new maximum amounts by regulation. This final rule of the Department of Veterans Affairs (VA) adopts without change VA's interim final rule, which increased maximum civil monetary penalties from $10,000 to $21,563 for false loan guaranty certifications and from $5,500 to $10,781 for fraudulent claims or fraudulent statements in any VA program.
Defense Federal Acquisition Regulation Supplement: Amendment to Mentor-Protégé Program (DFARS Case 2016-D011)
Document Number: 2016-22574
Type: Proposed Rule
Date: 2016-09-23
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2016 that provides amendments to the DoD Pilot Mentor-Prot[eacute]g[eacute] Program.
Defense Federal Acquisition Regulation Supplement: Temporary Extension of Test Program for Comprehensive Small Business Subcontracting Plans (DFARS Case 2015-D013)
Document Number: 2016-22573
Type: Proposed Rule
Date: 2016-09-23
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2015 and a section of the National Defense Authorization Act for Fiscal Year 2016, both of which provide revisions to the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans.
Defense Federal Acquisition Regulation Supplement; Technical Amendments
Document Number: 2016-22572
Type: Rule
Date: 2016-09-23
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes.
Defense Federal Acquisition Regulation Supplement: New Designated Country-Moldova (DFARS Case 2016-D028)
Document Number: 2016-22571
Type: Rule
Date: 2016-09-23
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add Moldova as a new designated country under the World Trade Organization Government Procurement Agreement.
Defense Federal Acquisition Regulation Supplement: Rights in Technical Data (DFARS Case 2016-D008)
Document Number: 2016-22570
Type: Rule
Date: 2016-09-23
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2016 that addresses rights in technical data relating to major weapon systems, expanding application of the presumption that a commercial item has been developed entirely at private expense.
Defense Federal Acquisition Regulation Supplement: Prohibition on Use of Any Cost-Plus System of Contracting for Military Construction and Military Family Housing Projects (DFARS Case 2015-D040)
Document Number: 2016-22569
Type: Rule
Date: 2016-09-23
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2012 that amended title 10 of the United States Code by prohibiting any form of cost-plus contracting for military construction projects or military family housing projects.
Energy Conservation Program: Energy Conservation Standards for Residential Furnaces
Document Number: 2016-22080
Type: Proposed Rule
Date: 2016-09-23
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 residential furnaces. EPCA also requires the U.S. Department of Energy (DOE) to periodically determine whether more-stringent, amended standards would be technologically feasible and economically justified, and would save a significant amount of energy. On March 12, 2015, DOE published in the Federal Register a notice of proposed rulemaking (NOPR), in which DOE proposed amendments to the energy conservation standards for residential non-weatherized gas furnaces and mobile home gas furnaces. In response to the NOPR, DOE received comment expressing concern regarding DOE's proposed approach and encouraging the Department to examine establishing a separate product class for small furnaces. In response, DOE published a notice of data availability (NODA) in the Federal Register on September 14, 2015 that contained an analysis of a potential product class for small non-weatherized gas furnaces. In this supplemental notice of rulemaking (SNOPR), DOE responds to comments received on the NOPR and NODA and is making a modified proposal regarding amended energy conservation standards for the subject residential furnaces (including a separate small furnaces product class), which supersedes DOE's earlier proposal, as set forth in the March 12, 2015 NOPR. The notice also requests comment on the SNOPR's proposed standards and associated analyses and results. The SNOPR also proposes clarifications to the certification and reporting requirements of standby mode and off mode values for non-weatherized oil furnaces (including mobile home oil furnaces) and electric furnaces, to provide direction on the rounding of standby mode and off mode values, generally, and to clarify the level of precision for the furnace and boiler standards.
Amendment To Improve Access to Private Land Mobile Radio Spectrum
Document Number: 2016-21638
Type: Proposed Rule
Date: 2016-09-23
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission or FCC) proposes and seeks comment on proposals to revise the Commission's rules governing private land mobile radio (PLMR) services, such as allowing 806-824/851-869 MHz (800 MHz) band incumbent licensees in a market a window in which to apply for Expansion Band and Guard Band frequencies before the frequencies are made available to applicants for new systems, extending conditional licensing authority to applicants for site-based licenses in the 800 MHz and 896-901/935- 940 MHz (900 MHz) bands, making available for PLMR use frequencies that are on the band edge between the Industrial/Business (I/B) Pool and either General Mobile Radio Service (GMRS) or Broadcast Auxiliary Service (BAS) spectrum, making certain frequencies that are designated for central station alarm operations available for other PLMR uses, and accommodating certain railroad operations.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2016-21397
Type: Proposed Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 727 airplanes. This proposed AD was prompted by fuel system reviews conducted by the manufacturer. This proposed AD would require modifying the fuel quantity indicating system (FQIS) to prevent development of an ignition source inside the body-mounted auxiliary fuel tanks due to electrical fault conditions. As an alternative to the modification, this proposed AD would allow deactivating the body-mounted auxiliary fuel tanks. We are proposing this AD to prevent ignition sources inside the body-mounted auxiliary fuel tanks, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2016-21396
Type: Proposed Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 707 airplanes and Model 720 and 720B series airplanes. This proposed AD was prompted by fuel system reviews conducted by the manufacturer. This proposed AD would require modifying the fuel quantity indicating system (FQIS) to prevent development of an ignition source inside the center fuel tank due to electrical fault conditions. We are proposing this AD to prevent ignition sources inside the center fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
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