October 2016 – Federal Register Recent Federal Regulation Documents

The Bureau of Consumer Financial Protection (Bureau) is making certain clerical and non-substantive corrections to errors it has identified in Regulation E, which implements the Electronic Fund Transfer Act.

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Wyoming in two submittals on May 28, 2015 and one submittal on November 6, 2015. The final amendments update the version of the Code of Federal Regulations (CFR) incorporated by reference into the Wyoming Air Quality Standards and Regulations (WAQSR) for Chapter 2, Ambient Standards, Sections 12; Chapter 3, General Emission Standards, Section 9; and Chapter 6, Prevention of Significant Deterioration, Section 4. The EPA also approves the revision in one of the May 28, 2015 submittals that updates a citation to a Federal Register article (i.e., Federal Register notice) under the definition of ``tpy CO2 equivalent emissions (CO2e),'' and lists a new minor source baseline date for fine particulate. The EPA also approves the updates to the primary air quality standards for particulate matter (PM2.5) to reflect federal updates that went into effect in January 2013. The updated primary PM2.5 standard is 12 micrograms per cubic meter ([micro]g/m\3\) annual arithmetic mean concentration, which is lowered from its previous level of 15 [micro]g/ m\3\. The EPA is also approving portions of the State's February 6, 2014 2008 ozone National Ambient Air Quality Standards (NAAQS) infrastructure certification regarding prevention of significant deterioration (PSD). The EPA is not taking action in this final rule on the Chapter 6, Permitting Requirements, Section 14 portion of a May 24, 2012 submittal or one of the May 28, 2015 submittals because it has been superseded by a November 6, 2015 submittal that the EPA approved in a separate action. The EPA is not taking action on a May 24, 2012 submittal or a March 8, 2013 submittal because they have been superseded by one of the May 28, 2015 submittals.

The Food and Drug Administration (FDA or Agency) is amending its regulations on the definition of a custom device so as to include new enumerated statutory requirements for custom devices under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) as amended by the Food and Drug Administration Safety and Innovation Act (FDASIA). This new provision, under FDASIA, amends the existing custom device exemption and introduces new concepts and procedures applicable to custom devices. This action is being taken to align the regulations with the FD&C Act.

This final rule describes how articles the President determines no longer warrant control under Category XII (Fire Control, Laser, Imaging, and Guidance Equipment) of the United States Munitions List (USML) of the International Traffic in Arms Regulations (ITAR) will be controlled under the Commerce Control List (CCL) of the Export Administration Regulations (EAR) by amending Export Control Classification Number (ECCN) 7A611 and creating new ``600 series'' ECCNs 7B611, 7D611, and 7E611. In addition, for certain dual-use infrared detection items, this final rule expands controls for certain software and technology, eliminates the use of some license exceptions, revises licensing policy, and expands license requirements for certain transactions involving military end users or foreign military commodities. This final rule also harmonizes provisions within the EAR by revising controls related to certain quartz rate sensors.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Butte County Air Quality Management District (BCAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of particulate matter (PM) from open burning. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).

This regulation establishes tolerances for residues of S-2200 (here after referred to within this document as mandestrobin) in or on multiple commodities which are identified and discussed later in this document. Valent U.S.A., Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Coast Guard is canceling the temporary deviation concerning the James River Bridge (US17) across the James River, mile 5.0, at Isle of Wight and Newport News, VA. The deviation was necessary to perform bridge maintenance and repairs, which have been completed. The deviation allowed the bridge to remain in the closed-to-navigation position.

NMFS proposes regulations under the Tuna Conventions Act to implement provisions of two Resolutions adopted by the Inter-American Tropical Tuna Commission (IATTC) in 2016: Resolution C-16-01 (Collection and Analyses of Data On Fish-Aggregating Devices) and Resolution C-16-06 (Conservation Measures for Shark Species, with Special Emphasis on the Silky Shark (Carcharhinus Falciformis) for the Years 2017, 2018, and 2019). Per Resolution C-16-01, these regulations would require the owner or operator of a U.S. purse seine vessel to ensure characters of a unique code be marked indelibly on each fish aggregating device (FAD) deployed or modified on or after January 1, 2017, in the IATTC Convention Area. The vessel owner or operator would also be required to record and submit information about the FAD, as described in Annex I of the Resolution C-16-01. Per Resolution C-16-06, these regulations would prohibit the owner or operator of a U.S. purse seine vessel from retaining on board, transshipping, landing, or storing, in part or whole, carcasses of silky sharks caught by purse- seine vessels in the IATTC Convention Area. These regulations would also provide limits on the retained catch of silky sharks caught in the IATTC Convention Area. This proposed rule is necessary for the United States to satisfy its obligations as a member of the IATTC.

This determination of acceptability expands the list of acceptable substitutes pursuant to the U.S. Environmental Protection Agency's (EPA) Significant New Alternatives Policy (SNAP) program. This action lists as acceptable additional substitutes for use in the refrigeration and air conditioning sector and fire suppression and explosion protection sectors.

Environmental Protection Agency (EPA) is taking direct final action to approve revisions to Missouri's State Implementation Plan (SIP), Operating Permits Program, and 112(l) Plan. The April 6, 2016, request from Missouri revises fees for permitting services provided by the air quality program, including construction permit applications and operating permit applications. Missouri also removed the basic operating permit requirement in their ``Operating Permits'' rule for incinerators with emissions less than the de minimis levels. While EPA has never approved the basic operating permit program into Missouri's SIP or Missouri's Operating Permits Program, one statement on incinerators in the approved SIP and Operating Permits Program is removed by the submission. This statement applied the ``Operating Permits'' rule to all incinerators within the State. Any permittees with incinerators already required to have either Intermediate State Operating Permits or part 70 Operating Permits will still have the same permitting requirements. This revision does not exempt any incinerators from appropriate permitting. Likewise, any future permittees with incinerators under the former version of the SIP and Operating Permits Program would have required either an Intermediate State Operating Permit or a part 70 Operating Permit will still have the same permitting requirement under the revised SIP and Operating Permits Program. Finally the submission from Missouri makes non-substantive style changes.

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the District of Columbia state implementation plan (SIP). The revision pertains to the update of the District of Columbia Municipal Regulations (DCMR) to lower the sulfur content of fuel oil. This action is being taken under the Clean Air Act (CAA).

The Department of Homeland Security (Department or DHS) is seeking comments from the public on specific existing significant DHS regulations that the Department should consider as candidates for streamlining or repeal. These efforts will help us ensure that DHS satisfies its statutory obligations and achieves its regulatory objectives without imposing unwarranted costs. DHS is seeking this input pursuant to the process identified in DHS's Final Plan for the Retrospective Review of Existing Regulations. According to the Final Plan, DHS will initiate its retrospective review process, on a three-year cycle, by seeking input from the public. Input that will be most helpful to DHS is input that identifies specific regulations and includes actionable data supporting the nomination of specific regulations for retrospective review.

We propose to adopt a new airworthiness directive (AD) for all Airbus Defense and Space S.A. Model C-212 airplanes. This proposed AD was prompted by multiple reports of damaged and cracked rudder torque tube shafts. This proposed AD would require repetitive general visual and high frequency eddy current (HFEC) inspections of the inner rudder torque tube shaft for cracks, deformation, and damage; repetitive detailed inspections, and HFEC inspections if necessary, of the inner and outer rudder torque tube shaft for cracks, deformation, and damage; and corrective actions if necessary. This proposed AD also provides a modification which terminates the repetitive inspections. We are proposing this AD to detect and correct damaged and cracked rudder torque tube shafts, which could lead to structural failure of the affected rudder torque tube shaft and possible reduced control of the airplane.

We, the U.S. Fish and Wildlife Service (Service), propose threatened species status under the Endangered Species Act of 1973 (Act), as amended, for Sideroxylon reclinatum ssp. austrofloridense (Everglades bully), Digitaria pauciflora (Florida pineland crabgrass) and Chamaesyce deltoidea ssp. pinetorum (pineland sandmat), and endangered species status for Dalea carthagenensis var. floridana (Florida prairie-clover). All four plants are from south Florida. If we finalize this rule as proposed, it would extend the Act's protections to these plants. The effect of this regulation will be to add these species to the List of Endangered and Threatened Plants.

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) for the State of Nebraska as submitted on March 6, 2014, and July 14, 2014. This action will amend the SIP to include revisions to title 129 of the Nebraska Air Quality Regulations, chapter 4, ``Ambient Air Quality Standards''; chapter 19, ``Prevention of Significant Deterioration of Air Quality''; and chapter 22, ``Incinerators; Emission Standards''. This amendment makes the state regulation consistent with the National Ambient Air Quality Standards (NAAQS) for particulate matter 10 micrometers or less (PM10), fine particulate matter 25 micrometers or less (PM2.5), Sulfur dioxide, Nitrogen dioxide, Carbon monoxide, Ozone, and Lead, as of the date of the state submittal. This action also makes formatting and grammatical corrections to title 129, chapters 19 and 22.

These special conditions are issued for the Beechcraft, Model A36, Bonanza airplane. This airplane, as modified by Avionics Design Services, Ltd., will have a novel or unusual design feature associated with the use of a replacement option of a lithium battery instead of nickel-cadmium and lead-acid rechargeable batteries. 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 Food and Drug Administration (FDA or the Agency) is amending its regulations to revise the list of drug products that have been withdrawn or removed from the market because the drug products or components of such drug products have been found to be unsafe or not effective. Drugs appearing on this list may not be compounded under the exemptions provided by sections 503A and 503B of the Federal Food, Drug, and Cosmetic Act (the FD&C Act). Specifically, the rule adds 24 entries to this list of drug products, modifies the description of one entry on this list, and revises the list's title and introductory language. These revisions are necessary because information has come to the Agency's attention since March 8, 1999, when FDA published the original list as a final rule.

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the NAC International (NAC), MAGNASTOR[supreg] Cask System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 6 to Certificate of Compliance (CoC) No. 1031. Amendment No. 6 revises NAC-MAGNASTOR technical specifications (TSs) to align with the NAC Multi-Purpose Canister (MPC) and NAC Universal MPC System (UMS) TSs. The CoC No. 1031 TSs require that a program be established and maintained for loading, unloading, and preparing fuel for storage without any indication of duration for the program. Amendment No. 6 limits maintenance of this program until all spent fuel is removed from the spent fuel pool and transport operations are completed. Related training and radiation protection program requirements are modified accordingly. Additionally, Amendment No. 6 incorporates the change to Limiting Condition for Operation (LCO) 3.1.1 previously approved by the NRC in CoC No. 1031 Amendment No. 4.

The Farm Credit Administration (FCA, we, Agency or our) amended our regulations to reflect changes to the FCA's organizational structure and correct the zip code for the field office located in Irving, TX. In addition, references in our regulations to various FCA offices, which have changed, have been revised. We also re-ordered the list of FCA offices into a more logical progression that is consistent with FCA's organizational chart. In accordance with the law, the effective date of the rule is no earlier than 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session.

The Federal Election Commission has received a Petition for Rulemaking that asks the Commission to amend its regulations to implement amendments to the Federal Election Campaign Act made by the Consolidated and Further Continuing Appropriations Act, 2015, which established certain new accounts for national party committees. The petition also asks the Commission to amend its regulations regarding convention committees. The Commission seeks comments on this petition.

The U.S. Small Business Administration (SBA) is proposing to amend the rules of practice of its Office of Hearings and Appeals (OHA) to implement Section 869 of the National Defense Authorization Act for Fiscal Year 2016. This legislation authorizes OHA to decide Petitions for Reconsideration of Size Standards. This rule also proposes to revise the rules of practice for OHA appeals of agency employee grievances.

The Food and Drug Administration (FDA or we) is announcing that we have filed a petition, submitted by Wm. Wrigley Jr. Company, proposing that the color additive regulations be amended to provide for the safe use of calcium carbonate to color hard and soft candy, mints, and chewing gum.

The Environmental Protection Agency (EPA) is approving revisions to the Texas State Implementation Plan (SIP). The revisions to the SIP were submitted in 2015. These revisions are related to the implementation of the state's motor vehicle emissions Inspection and Maintenance (I/M) Program. The EPA is approving these revisions pursuant to the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is approving portions of State Implementation Plan (SIP) submittals from the State of Texas pertaining to Clean Air Act (CAA) section 110(a)(2)(J): Consultation with Government Officials, Public Notification, and Prevention of Significant Deterioration and Visibility Protection for the 2008 Ozone (O3) and 2010 Nitrogen Dioxide (NO2) National Ambient Air Quality Standards (NAAQS). These submittals address how the existing SIP provides for implementation, maintenance, and enforcement of the 2008 O3 and 2010 NO2 NAAQS (infrastructure SIPs or i-SIPs). These i-SIPs ensure that the SIP is adequate to meet the State's responsibilities under the CAA. This direct final rule and the accompanying proposal will complete the rulemaking process started in our February 8, 2016, proposal, approve Section 110(a)(2)(J), and confirm that the SIP has adequate infrastructure to implement, maintain and enforce this section of the CAA with regard to the 2008 O3 and 2010 NO2 NAAQS.