December 1, 2016 – Federal Register Recent Federal Regulation Documents

Privacy Act Regulations
Document Number: 2016-28897
Type: Rule
Date: 2016-12-01
Agency: Council of the Inspectors General on Integrity and Efficiency
The Council of the Inspectors General on Integrity and Efficiency (CIGIE) is issuing this final rule to establish its procedures relating to access, maintenance, disclosure, and amendment of records that are in a CIGIE system of records under the Privacy Act of 1974 (Privacy Act). This final rule also establishes rules of conduct for CIGIE personnel who have responsibilities under the Privacy Act.
Temporary Exports to Mexico Under License Exception TMP
Document Number: 2016-28893
Type: Rule
Date: 2016-12-01
Agency: Department of Commerce, Bureau of Industry and Security
This final rule aligns the time limit of License Exception Temporary Imports, Exports, Reexports, and Transfers (in-country) (TMP), which authorizes, among other things, certain temporary exports to Mexico, with the time limit of Mexico's Decree for the Promotion of Manufacturing, Maquiladora and Export Services (IMMEX) program. Currently, TMP allows for the temporary export and reexport of various items subject to the Export Administration Regulations (EAR), as long as the items are returned no later than one year after export, reexport, or transfer if not consumed or destroyed during the period of authorized use. Other than a four-year period for certain personal protective equipment, the one-year limit extends to all items shipped under license exception TMP. However, the one-year period does not align with the time constraints of Mexico's IMMEX program, which allows imports of items for manufacturing operations on a time limit that may exceed 18 months. This rule amends TMP to complement the timeline of the IMMEX program. Under this amendment, items temporarily exported or reexported under license exception TMP and imported under the provisions of the IMMEX program would be authorized to remain in Mexico for up to four years from the date of export or reexport.
Muscodor albus Strain SA-13 and the Volatiles Produced on Rehydration; Exemption From the Requirement of a Tolerance
Document Number: 2016-28884
Type: Rule
Date: 2016-12-01
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of Muscodor albus strain SA-13 and the volatiles produced on rehydration in and on all food commodities when used in accordance with label directions and good agricultural practices. Marrone Bio Innovations, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Muscodor albus strain SA-13 and the volatiles produced on rehydration under FFDCA.
Quizalofop Ethyl; Pesticide Tolerances
Document Number: 2016-28873
Type: Rule
Date: 2016-12-01
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of quizalofop ethyl in or on crayfish and rice grain. Nissan Chemical Industries, Ltd. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; 2017-2019 Atlantic Deep-Sea Red Crab Specifications
Document Number: 2016-28854
Type: Proposed Rule
Date: 2016-12-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We are proposing specifications for the 2017Atlantic deep-sea red crab fishery, including an annual catch limit and total allowable landings limit. We are also proposing projected quotas for 2018-2019. This action is necessary to establish allowable red crab harvest levels that will prevent overfishing and allow harvesting of optimum yield. The proposed action is intended to establish the allowable 2017 harvest levels, consistent with the Atlantic Deep-Sea Red Crab Fishery Management Plan.
Drawbridge Operation Regulation; New Jersey Intracoastal Waterway (NJICW), Point Pleasant Canal, Point Pleasant, NJ
Document Number: 2016-28852
Type: Rule
Date: 2016-12-01
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has issued a temporary deviation from the operating schedule that governs the S.R. 88/Veterans Memorial Bridge across the NJICW (Point Pleasant Canal), mile 3.0, at Point Pleasant, NJ. The deviation is necessary to facilitate and complete urgent bridge maintenance. This deviation allows the bridge to remain in the closed- to-navigation position.
Air Plan Approval and Designation of Areas; KY; Redesignation of the Campbell County, 2010 1-Hour Sulfur Dioxide Nonattainment Area to Attainment
Document Number: 2016-28821
Type: Proposed Rule
Date: 2016-12-01
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve two separate but related submissions (one of which includes multiple components) provided by the Commonwealth of Kentucky, through the Kentucky Division of Air Quality (KDAQ), in relation to attainment of the 2010 Sulfur Dioxide (SO2) national ambient air quality standards (NAAQS) for the Kentucky portion of the Campbell- Clermont, Kentucky-Ohio 2010 1-hour SO2 nonattainment area (hereafter referred to as the ``Campbell-Clermont, KY-OH Area'' or ``Area''). On March 31, 2015, KDAQ submitted a request for EPA to determine that the Campbell-Clermont, KY-OH Area attained the 2010 1- hour SO2 NAAQS per EPA's ``Clean Data Policy.'' Subsequently, on February 22, 2016, KDAQ submitted a request for EPA to redesignate the Campbell County portion of Kentucky that is within the Campbell-Clermont, KY-OH Area to attainment for the 2010 1-hour SO2 NAAQS, and to approve a State Implementation Plan (SIP) revision containing a maintenance plan, base year inventory, and reasonably available control measures (RACM) determination for the Kentucky portion of the Area. EPA is proposing to approve the Commonwealth's RACM determination and incorporate it into the SIP; to approve the base year emissions inventory for the Kentucky portion of the Area and incorporate it into the SIP; to approve the Commonwealth's request for a clean data determination; to approve the Commonwealth's plan for maintaining attainment of the 2010 1-hour SO2 NAAQS and incorporate it into the SIP; and to redesignate the Kentucky portion of the Area to attainment for the 2010 1-hour SO2 NAAQS.
FOIA Improvement Act; Rules of General Application
Document Number: 2016-28819
Type: Rule
Date: 2016-12-01
Agency: International Trade Commission, Agencies and Commissions
The United States International Trade Commission (``Commission'') issues a final rule amending its Rules of Practice and Procedure concerning rules of general application to reflect amendments to the Freedom of Information Act (``FOIA'') made by the FOIA Improvement Act of 2016 (``Improvement Act''). Among other things, the Improvement Act requires the Commission to amend its FOIA regulations to extend the deadline for administrative appeals for FOIA decisions, to add information on dispute resolution services, and to amend the way the Commission charges fees for FOIA requests.
Regulations Implementing the FOIA Improvement Act of 2016 and Clarifying the FOIA Regulations
Document Number: 2016-28811
Type: Rule
Date: 2016-12-01
Agency: Department of Energy, Federal Energy Regulatory Commission
On June 30, 2016, President Obama signed the Freedom of Information Act Improvement Act of 2016. The Act requires agencies to revise their regulations within 180 days to account for the new statutory mandates. After undertaking a review of Commission regulations in accordance with Section 3 of the Act, the Commission is revising its FOIA regulations to incorporate the statutory mandates. Additionally, this rule updates the delegation regulations with respect to determinations made by the General Counsel in response to FOIA administrative appeals.
Federal Employees Health Benefits Program: Removal of Ineligible Individuals From Existing Enrollments
Document Number: 2016-28788
Type: Proposed Rule
Date: 2016-12-01
Agency: Office of Personnel Management
The United States Office of Personnel Management (OPM) is issuing a notice of proposed rulemaking to amend Federal Employees Health Benefits (FEHB) Program regulations to provide a process for removal from FEHB enrollments of certain identified individuals who are found not to be eligible as family members. This process would apply to individuals for whom there is a failure to provide adequate documentation of eligibility when requested.
Removal of Eligible Family Members From Existing Self and Family Enrollments
Document Number: 2016-28787
Type: Proposed Rule
Date: 2016-12-01
Agency: Office of Personnel Management
This action would amend Federal Employees Health Benefits (FEHB) Program rules. This proposed rule is in response to enrollee requests to remove family members from existing enrollments. The intended effect of this action is to allow certain eligible family members to be removed from self and family or self plus one enrollments.
Prevailing Rate Systems; Redefinition of Certain Appropriated Fund Federal Wage System Wage Areas
Document Number: 2016-28784
Type: Rule
Date: 2016-12-01
Agency: Office of Personnel Management
The U.S. Office of Personnel Management (OPM) is issuing a final rule to redefine the geographic boundaries of several appropriated fund Federal Wage System (FWS) wage areas for pay-setting purposes. Based on reviews of Metropolitan Statistical Area (MSA) boundaries in a number of wage areas, OPM is redefining the following wage areas: Salinas-Monterey, CA; San Francisco, CA; New London, CT; Central and Western Massachusetts; Cincinnati, OH: Dayton, OH, Southeastern Washington-Eastern Oregon; and Spokane, WA.
Recruitment, Selection, and Placement (General) and Suitability
Document Number: 2016-28782
Type: Rule
Date: 2016-12-01
Agency: Office of Personnel Management
The U.S. Office of Personnel Management (OPM) is issuing a final rule revising its regulations pertaining to when, during the hiring process, a hiring agency can request information typically collected during a background investigation from an applicant for Federal employment. OPM is making this change to promote compliance with Merit System Principles as well as the goals of the Federal Interagency Reentry Council and the President's Memorandum of January 31, 2014, ``Enhancing Safeguards to Prevent the Undue Denial of Federal Employment Opportunities to the Unemployed and Those Facing Financial Difficulty Through No Fault of Their Own.'' In addition, the final rule will help agencies comply with the President's Memorandum of April 29, 2016, ``Promoting Rehabilitation and Reintegration of Formerly Incarcerated Individuals.'' The intended effect of this rule is to encourage more individuals with the requisite knowledge, skills, and ability to apply for Federal positions by making it more clear that the Government provides a fair opportunity to compete for Federal employment to applicants from all segments of society, including those with prior criminal histories or who have experienced financial difficulty through no fault of their own.
Supplemental Information Regarding the Final Rule Imposing the Fifth Special Measure Against FBME Bank, Ltd.
Document Number: 2016-28752
Type: Rule
Date: 2016-12-01
Agency: Department of the Treasury, Financial Crimes Enforcement Network
In its September 20, 2016 order, the U.S. District Court for the District of Columbia remanded to FinCEN the final rule imposing a prohibition on covered financial institutions from opening or maintaining correspondent accounts for, or on behalf of, FBME Bank, Ltd. In its memorandum opinion accompanying that order, the Court stated that the agency had not responded meaningfully to FBME's comments regarding the agency's treatment of aggregate Suspicious Activity Report (SAR) data. The Court found that those comments challenged FinCEN's interpretation of SAR data on at least four distinct grounds. In this supplement to the final rule, FinCEN provides further explanation addressing FBME's comments.
Process for Department of Veterans Affairs (VA) Physicians To Be Added to the National Registry of Certified Medical Examiners
Document Number: 2016-28746
Type: Proposed Rule
Date: 2016-12-01
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA proposes amendments to the Federal Motor Carrier Safety Regulations (FMCSRs) to establish an alternate process for qualified physicians employed in the Department of Veterans Affairs (VA) (qualified VA physicians) to be listed on the Agency's National Registry of Certified Medical Examiners (National Registry). After training and testing, they become certified VA medical examiners that can perform medical examinations of commercial motor vehicle (CMV) operators who are military veterans, and issue Medical Examiner's Certificates (MECs) to those same operators as required by the Fixing America's Surface Transportation (FAST) Act.
Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District
Document Number: 2016-28741
Type: Proposed Rule
Date: 2016-12-01
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Yolo-Solano Air Quality Management District (YSAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) and particulate matter (PM) from confined animal facilities (CAFs). We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
Proposed Amendment of VOR Federal Airways; Eastern United States
Document Number: 2016-28728
Type: Proposed Rule
Date: 2016-12-01
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify VOR Federal airways V-16, V-94 and V-124, in the eastern United States due to the planned decommissioning of the Jacks Creek, TN, VOR/DME navigation aid.
Amendment of Class C Airspace; El Paso International Airport, TX
Document Number: 2016-28726
Type: Rule
Date: 2016-12-01
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class C airspace at El Paso International Airport, El Paso, TX, by removing a cutout from the Class C airspace area that excludes the airspace within a 2-mile radius of West Texas Airport and the airspace beyond an 8-mile arc from the El Paso International Airport beginning at the 115[deg] bearing from the airport clockwise to the Rio Grande River. Additionally, this rule removes West Texas Airport from the Class C airspace description as the airport is closed, and amends the El Paso International Airport geographic coordinates to coincide with the FAA's aeronautical database. The FAA is taking this action to enable more efficient operations at El Paso International Airport.
Group Registration of Photographs
Document Number: 2016-28706
Type: Proposed Rule
Date: 2016-12-01
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is proposing to update its regulations governing group registration options for photographers to encourage broader participation in the registration system, increase the efficiency of the registration process, and create a more robust record of the claim. First, the Office has created new online registration applications specifically designed for group registrations of published photographs and group registrations of unpublished photographs. The proposed rule would require applicants to use these online applications, in lieu of any existing paper application. Applicants will be allowed to include up to 750 photographs with each application. Second, the proposal would eliminate less-efficient forms of registering photographs that have been adopted over the years namely, the pilot program permitting group registration of published photographs using the electronic application designed for registering a single work, and the option of registering a number of unpublished photographs as an ``unpublished collection.'' The pilot program for photographic databases will remain in effect. Third, the proposed rule will update the deposit requirement for group registrations of photographs and photographic databases by requiring applicants to submit their works in digital form.
Supplementary Registration
Document Number: 2016-28701
Type: Proposed Rule
Date: 2016-12-01
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is proposing to amend the regulation governing supplementary registration to reflect certain technical upgrades that will soon be made to the electronic registration system. In most cases applicants will be required to submit an online application in order to correct or amplify the information set forth in a basic registration. This will increase the efficiency of the supplementary registration process for both applicants and the Office alike. In addition, the Office is amending the regulation to codify and update certain practices that are set forth in the Compendium of U.S. Copyright Office Practices, Third Edition and to improve the readability of the regulation.
Group Registration of Contributions to Periodicals
Document Number: 2016-28700
Type: Proposed Rule
Date: 2016-12-01
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The U.S. Copyright Office is proposing to amend the regulation governing the group registration option for contributions to periodicals to reflect certain upgrades that will soon be made to the electronic registration system. The proposed rule will require groups of contributions to be filed through the Office's electronic registration system. In addition, it will modify the deposit requirement for this option by requiring applicants to submit their contributions in a digital format and to upload those files through the electronic system. The proposed rule will increase the efficiency of the registration process for both the Office and copyright owners alike.
Airworthiness Directives; Rolls-Royce plc Turbofan Engines
Document Number: 2016-28663
Type: Rule
Date: 2016-12-01
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Rolls-Royce plc (RR) RB211-Trent 875-17, RB211-Trent 877-17, RB211- Trent 884-17, RB211-Trent 884B-17, RB211-Trent 892-17, RB211-Trent 892B-17, and RB211-Trent 895-17 turbofan engines. This AD requires repetitive inspections of the engine upper bifurcation fairing and repairing or replacing any fairing that fails inspection. This AD was prompted by a report of cracking and material release from an engine upper bifurcation fairing. We are issuing this AD to prevent failure of the engine fire protection system, engine fire, and damage to the airplane.
Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes
Document Number: 2016-28618
Type: Proposed Rule
Date: 2016-12-01
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 and Model ATR72-102, -202, -212, and -212A airplanes. This proposed AD was prompted by reports of failure of emergency power supply units (EPSUs) in production and in service. This proposed AD would require an inspection to determine the part number and serial number of each EPSU, and replacement if necessary. We are proposing this AD to address the unsafe condition on these products.
Supplemental Nutrition Assistance Program: Student Eligibility, Convicted Felons, Lottery and Gambling, and State Verification Provisions of the Agricultural Act of 2014
Document Number: 2016-28520
Type: Proposed Rule
Date: 2016-12-01
Agency: Department of Agriculture, Food and Nutrition Service
The proposed action would implement four sections of the Agricultural Act of 2014, (2014 Farm Bill), affecting eligibility, benefits, and program administration requirements for the Supplemental Nutrition Assistance Program (SNAP). Section 4007 clarifies that participants in a SNAP Employment & Training (E&T) program are eligible for benefits if they are enrolled or participate in specific programs that will assist SNAP recipients in obtaining the skills needed for the current job market. Section 4008 prohibits anyone convicted of Federal aggravated sexual abuse, murder, sexual exploitation and abuse of children, sexual assault, or similar State laws, and who are also not in compliance with the terms of their sentence or parole or are a fleeing felon, from receiving SNAP benefits. Section 4009 prohibits households containing a member with substantial lottery and gambling winnings from receiving SNAP benefits, until the household meets the allowable financial resources and income eligibility requirements of the program. Section 4009 also provides that State SNAP agencies are required, to the maximum extent practicable, to establish cooperative agreements with gaming entities in the State to identify SNAP recipients with substantial winnings. Section 4015 requires all State agencies to have a system in place to verify income, eligibility and immigration status.
Review of Foreign Ownership Policies for Broadcast, Common Carrier and Aeronautical Radio Licensees
Document Number: 2016-28198
Type: Rule
Date: 2016-12-01
Agency: Federal Communications Commission, Agencies and Commissions
In this Report and Order, the Federal Communications Commission (Commission) extends its streamlined foreign ownership rules and procedures that apply to common carrier and certain aeronautical licensees under Section 310(b)(4) of the Communications Act of 1934, as amended (the ``Act'') to broadcast licensees, with certain modifications to tailor them to the broadcast context. The Commission also reforms the methodology used by both common carrier and broadcast licensees that are, or are controlled by, U.S. public companies to assess compliance with the 20 percent foreign ownership limit in Section 310(b)(3), and the 25 percent foreign ownership benchmark in Section 310(b)(4) of the Act, in order to reduce regulatory burdens on applicants and licensees. Finally, the Commission makes certain technical corrections and clarifications to its foreign ownership rules.
Federal Motor Vehicle Safety Standards
Document Number: 2016-28126
Type: Proposed Rule
Date: 2016-12-01
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document denies a petition for rulemaking, submitted by Ms. Scheryn Bennett, requesting that the National Traffic Safety Administration (NHTSA) require every vehicle to be equipped with an emergency glass breaking tool. The data available to the agency shows there is a great deal of uncertainty surrounding the actual number of occupants that may have died due solely to drowning while trapped in an immersed vehicle. The potential effectiveness of such a tool to successfully aid an occupant's safe exit from an immersed vehicle is also not known. In the absence of a requirement that each vehicle have a glass breaking tool, nothing prevents vehicle manufacturers from providing a tool or other means to allow vehicle evacuation during immersion. Additionally, consumers can purchase their own tool and locate it in the vehicle where they would be likely to access it in an emergency.
Airworthiness Directives; Rolls-Royce plc Turbofan Engines
Document Number: 2016-27923
Type: Proposed Rule
Date: 2016-12-01
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede airworthiness directive (AD) 2015-17- 19 that applies to all Rolls-Royce plc (RR) RB211 Trent 768-60, 772-60, and 772B-60 turbofan engines. AD 2015-17-19 requires inspection of the fan case low-pressure (LP) fuel tubes and associated clips and the fuel oil heat exchanger (FOHE) mounts and associated hardware. Since we issued AD 2015-17-19, fractures on the LP fuel return tube at mid-span locations were found with resulting fuel leaks. This proposed AD would require a modification, which terminates the repetitive inspections. We are proposing this AD to prevent failure of the fan case LP fuel tubes, which could lead to an in-flight shutdown, loss of thrust control, and damage to the airplane.
Protection of Stratospheric Ozone: New Listings of Substitutes; Changes of Listing Status; and Reinterpretation of Unacceptability for Closed Cell Foam Products Under the Significant New Alternatives Policy Program; and Revision of Clean Air Act Section 608 Venting Prohibition for Propane
Document Number: 2016-25167
Type: Rule
Date: 2016-12-01
Agency: Environmental Protection Agency
Pursuant to the U.S. Environmental Protection Agency's (EPA) Significant New Alternatives Policy program, this action lists certain substances as acceptable, subject to use conditions; lists several substances as unacceptable; and changes the listing status for certain substances from acceptable to acceptable, subject to narrowed use limits, or to unacceptable. This action also exempts propane in certain refrigeration end-uses from the Clean Air Act section 608 prohibition on venting, release, or disposal. In addition, this action applies unacceptability determinations for foam-blowing agents to closed cell foam products and products containing closed cell foam that are manufactured or imported using these foam blowing agents.
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