December 8, 2016 – Federal Register Recent Federal Regulation Documents

Instructions for Recording and Reporting Occupational Radiation Dose Data
Document Number: 2016-29391
Type: Notice
Date: 2016-12-08
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 3 to Regulatory Guide (RG) 8.7, ``Instructions for Recording and Reporting Occupational Radiation Dose Data.'' Regulatory Guide 8.7 describes methods that the staff of NRC considers acceptable for licensees to use for the preparation, retention, and reporting of records of occupational radiation doses. Revision 3 addresses changes to applicable NRC regulations and related staff practices since Revision 2 was issued in November 2005. Revision 3 includes changes in the process a licensee needs to follow in order to monitor occupational exposure, determine prior doses, record monitoring results, and report the results, when required. In addition, Revision 3 references revised versions of NRC Form 4, ``Cumulative Occupational Dose History,'' and NRC Form 5, ``Occupational Dose Record for a Monitoring Period.'' The revised forms, which are already available, should be used by NRC licensees beginning in January 2017.
Plant-Specific Applicability of Transition Break Size Specified in 10 CFR 50.46a
Document Number: 2016-29390
Type: Rule
Date: 2016-12-08
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is announcing the discontinuation of further regulatory action on Draft Regulatory Guide (DG) DG-1216, ``Plant-Specific Applicability of Transition Break Size Specified in 10 CFR 50.46a,'' and its withdrawal. Draft Regulatory Guide DG-1216 was a proposed new regulatory guide written to provide implementing guidance for a proposed rule ``Risk-Informed Changes to Loss-of-Coolant Accident Technical Requirements,'' (Emergency core cooling system (ECCS) rulemaking)) that provided a voluntary, alternate approach for evaluating the performance of an ECCS. The NRC is discontinuing further regulatory action on the DG and not publishing the DG in final form because the NRC has discontinued the underlying rulemaking.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Gulf of Mexico
Document Number: 2016-29388
Type: Notice
Date: 2016-12-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received a revised application for ITRs from the Bureau of Ocean Energy Management (BOEM), on behalf of oil and gas industry operators. The specified activity considered in the application is geophysical survey activity conducted in the Gulf of Mexico (GOM), over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of BOEM's request for the development of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on BOEM's application.
Manual for Courts-Martial; Publication of Supplementary Materials
Document Number: 2016-29384
Type: Notice
Date: 2016-12-08
Agency: Department of Defense, Office of the Secretary
The JSC hereby publishes Supplementary Materials accompanying the MCM as amended by Executive Orders 13643, 13669, 13696, 13730, and 13740. These changes have not been coordinated within the Department of Defense under DoD Directive 5500.1, ``Preparation, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters and Testimony,'' June 15, 2007, and do not constitute the official position of the Department of Defense, the Military Departments, or any other Government agency. These Supplementary Materials have been approved by the JSC and the General Counsel of the Department of Defense, and shall be applied in conjunction with the rule with which they are associated. The Discussion is effective insofar as the Rules it supplements are effective, but may not be applied earlier than the date of publication in the Federal Register.
Performance Review Board; Establishment of Members
Document Number: 2016-29383
Type: Notice
Date: 2016-12-08
Agency: Federal Maritime Commission, Agencies and Commissions
Notice is hereby given of the names of the members of the Performance Review Board.
Minnesota Disaster #MN-00059
Document Number: 2016-29382
Type: Notice
Date: 2016-12-08
Agency: Small Business Administration, Agencies and Commissions
This is a Notice of the Presidential declaration of a major disaster for the State of Minnesota (FEMA-4290-DR), dated 11/29/2016. Incident: Severe Storms and Flooding. Incident Period: 09/21/2016 through 09/24/2016. Effective Date: 11/29/2016. Physical Loan Application Deadline Date: 01/30/2017. Economic Injury (EIDL) Loan Application Deadline Date: 08/29/2017.
Surrender of License of Small Business Investment Company
Document Number: 2016-29381
Type: Notice
Date: 2016-12-08
Agency: Small Business Administration, Agencies and Commissions
Agency Information Collection Activities: Proposed Collection; Comment Request; Federal Emergency Management Agency Public Assistance Customer Satisfaction Surveys
Document Number: 2016-29380
Type: Notice
Date: 2016-12-08
Agency: Federal Emergency Management Agency, Department of Homeland Security
The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a revision of a currently approved information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the collection of Public Assistance customer satisfaction survey responses and information for assessment and improvement of the delivery of disaster assistance to States, Local and Tribal governments, and eligible non-profit organizations.
Minnesota; Amendment No. 1 to Notice of a Major Disaster Declaration
Document Number: 2016-29379
Type: Notice
Date: 2016-12-08
Agency: Federal Emergency Management Agency, Department of Homeland Security
This notice amends the notice of a major disaster declaration for the State of Minnesota (FEMA-4290-DR), dated November 2, 2016, and related determinations.
Virginia; Amendment No. 3 to Notice of a Major Disaster Declaration
Document Number: 2016-29378
Type: Notice
Date: 2016-12-08
Agency: Federal Emergency Management Agency, Department of Homeland Security
This notice amends the notice of a major disaster declaration for the Commonwealth of Virginia (FEMA-4291-DR), dated November 2, 2016, and related determinations.
Kansas; Amendment No. 2 to Notice of a Major Disaster Declaration
Document Number: 2016-29377
Type: Notice
Date: 2016-12-08
Agency: Federal Emergency Management Agency, Department of Homeland Security
This notice amends the notice of a major disaster declaration for the State of Kansas (FEMA-4287-DR), dated October 20, 2016, and related determinations.
North Carolina; Amendment No. 15 to Notice of a Major Disaster Declaration
Document Number: 2016-29376
Type: Notice
Date: 2016-12-08
Agency: Federal Emergency Management Agency, Department of Homeland Security
This notice amends the notice of a major disaster declaration for the State of North Carolina (FEMA-4285-DR), dated October 10, 2016, and related determinations.
Volkswagen Group of America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2016-29375
Type: Notice
Date: 2016-12-08
Agency: National Highway Traffic Safety Administration, Department of Transportation
Volkswagen Group of America, Inc. (Volkswagen), has determined that certain model year (MY) 2016 Volkswagen Beetle Convertible passenger cars do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/ Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or Less. Volkswagen filed a defect report dated February 23, 2016. Volkswagen then petitioned NHTSA on March 15, 2016, for a decision that the subject noncompliance is inconsequential to motor vehicle safety.
Beginning Farmers and Ranchers Advisory Committee
Document Number: 2016-29374
Type: Notice
Date: 2016-12-08
Agency: Department of Agriculture
Pursuant to the Federal Advisory Committee Act (FACA), the Office of Advocacy and Outreach (OAO) is announcing a meeting of the Beginning Farmers and Ranchers Advisory Committee (BFRAC). The committee is being convened to consider issues involving barriers for beginning farmers and ranchers, including lending and access to U.S. Department of Agriculture (USDA) programs, resources, and land. The members will continue deliberations on recommendations to be prepared for USDA Secretarial consideration as discussed during the recent in- person meeting held in Cleveland, Ohio, September 29-30, 2016.
Submission for OMB Review; Comment Request
Document Number: 2016-29373
Type: Notice
Date: 2016-12-08
Agency: Department of Health and Human Services, Administration for Children and Families
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/United States Coast Guard-031 USCG Law Enforcement (ULE) System of Records
Document Number: 2016-29342
Type: Proposed Rule
Date: 2016-12-08
Agency: Department of Homeland Security, Office of the Secretary
The Department of Homeland Security is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/United States Coast Guard-031 USCG Law Enforcement (ULE) System of Records'' and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974; Department of Homeland Security/United States Coast Guard-031 USCG Law Enforcement (ULE) System of Records
Document Number: 2016-29341
Type: Notice
Date: 2016-12-08
Agency: Department of Homeland Security, Office of the Secretary
In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to establish a new Department of Homeland Security system of records titled, ``Department of Homeland Security/ United States Coast Guard031 USCG Law Enforcement (ULE) System of Records.'' This system of records allows the Department of Homeland Security/United States Coast Guard to collect and maintain records related to maritime law enforcement, marine environmental protection, and the determinations supporting enforcement action taken by the United States Coast Guard. Additionally, the Department of Homeland Security is issuing a Notice of Proposed Rulemaking to exempt this system of records from certain provisions of the Privacy Act, elsewhere in the Federal Register. This newly established system will be included in the Department of Homeland Security's inventory of record systems.
Dicamba; Pesticide Tolerances
Document Number: 2016-29245
Type: Rule
Date: 2016-12-08
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of dicamba in or on cotton, gin byproducts; cotton, undelinted seed; soybean, forage; and soybean, hay. Monsanto Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Airworthiness Directives; M7 Aerospace LLC
Document Number: 2016-29242
Type: Rule
Date: 2016-12-08
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all M7 Aerospace LLC Models SA226-AT, SA226-T, SA226-T(B), SA226-TC, SA227-AC (C-26A), SA227-AT, SA227-BC (C-26A), SA227-CC, SA227-DC (C-26B), and SA227-TT airplanes. This AD was prompted by corrosion and stress corrosion cracking of the pitch trim actuator upper attach fittings of the horizontal stabilizer front spar. This AD requires repetitive inspections with replacement of fittings as necessary. We are issuing this AD to correct the unsafe condition on these products.
Waste Prevention, Production Subject to Royalties, and Resource Conservation; Correction
Document Number: 2016-29205
Type: Rule
Date: 2016-12-08
Agency: Department of the Interior, Bureau of Land Management
The Bureau of Land Management (BLM) is correcting a final rule that appeared in the Federal Register on November 18, 2016. The document promulgated new regulations to reduce waste of natural gas from venting, flaring, and leaks during oil and natural gas production activities on onshore Federal and Indian (other than Osage Tribe) leases. The regulations also clarify when produced gas lost through venting, flaring, or leaks is subject to royalties, and when oil and gas production may be used royalty-free on-site. This document corrects several minor errors that were introduced by the Office of the Federal Register during formatting, as well as one erroneous cross-reference, in the text of the final rule.
Tongass National Forest Land and Resource Management Plan Amendment
Document Number: 2016-29188
Type: Notice
Date: 2016-12-08
Agency: Department of Agriculture
M. Earl Stewart, the Forest Supervisor for the Tongass National Forest, Alaska Region, signed the final Record of Decision (ROD) for the Tongass National Forest Land and Resource Management Plan Amendment (Forest Plan Amendment). The Final ROD documents the rationale for approving the Forest Plan Amendment and is consistent with the Reviewing Officer's response to objections and instructions.
Title I-Improving the Academic Achievement of the Disadvantaged-Academic Assessments
Document Number: 2016-29128
Type: Rule
Date: 2016-12-08
Agency: Department of Education
The Secretary amends the regulations implementing academic assessment requirements under title I, part A of the Elementary and Secondary Education Act of 1965 (ESEA) to implement changes to the ESEA by the Every Student Succeeds Act (ESSA) enacted on December 10, 2015.
Every Student Succeeds-Innovative Assessment Demonstration Authority
Document Number: 2016-29126
Type: Rule
Date: 2016-12-08
Agency: Department of Education
The Secretary issues final regulations under title I, part B of the Elementary and Secondary Education Act of 1965 (ESEA) to implement changes made to the ESEA by the Every Student Succeeds Act (ESSA) enacted on December 10, 2015, including the ability of the Secretary to provide demonstration authority to a State educational agency (SEA) to pilot an innovative assessment and use it for accountability and reporting purposes under title I, part A of the ESEA before scaling such an assessment statewide.
Privacy Act of 1974; Notice To Establish an Exempt System of Records
Document Number: 2016-29059
Type: Notice
Date: 2016-12-08
Agency: Department of Health and Human Services, National Institutes of Health
In accordance with the requirements of the Privacy Act of 1974, as amended, the National Institutes of Health (NIH) proposes to establish a new system of records, to be numbered and titled: SORN 09- 25-0225 ``NIH Electronic Research Administration (eRA) Records, HHS/ NIH/OD/OER,'' which will be related to, but separate from, the system of records covered in SORN 09-25-0036 ``NIH Extramural Awards and Chartered Advisory Committee (IMPAC II), Contract Information (DCIS), and Cooperative Agreement Information, HHS/NIH.'' The new system of records will cover records used by NIH throughout the research and development award lifecycle, from application to scientific peer review, post-award monitoring, and close-out. Elsewhere in today's Federal Register, NIH has published a Notice of Proposed Rulemaking (NPRM) proposing to exempt confidential source- identifying material in the new system of records (i.e., material that would inappropriately reveal the identities of referees who provide letters of recommendation and peer reviewers who provide written evaluative input and recommendations to NIH about particular funding applications under an express promise by the government that their identities in association with the written work products they authored and provided to the government will be kept confidential) from certain requirements of the Privacy Act, specifically, from the provisions pertaining to providing an accounting of disclosures, access and amendment and notification. The exemptions and the promises of confidentiality are necessary to protect the integrity of NIH extramural peer review and award processes and ensure that NIH efforts to obtain accurate and objective assessments and evaluations of funding applications from referees and peer reviewers is not hindered. The exemptions will become effective when NIH publishes a Final Rule, which will not occur until the 60-day comment period provided in the NPRM has expired and any comments received on the NPRM (or on this System of Records Notice) have been addressed.
Privacy Act; Implementation
Document Number: 2016-29058
Type: Proposed Rule
Date: 2016-12-08
Agency: Department of Health and Human Services
The Department of Health and Human Services (HHS or Department), through the National Institutes of Health (NIH), proposes to exempt, from certain requirements of the Privacy Act, a subset of records in a new system of records, System No. 09-25-0225, NIH Electronic Research Administration (eRA) Records (NIH eRA Records), which covers records used in managing NIH research and development applications and awards throughout the award lifecycle. Elsewhere in today's Federal Register, HHS has published a proposed System of Records Notice (SORN) for System No. 09-25-0225 for public notice and comment. The subset of records proposed to be exempted is material that would inappropriately reveal the identities of referees who provide letters of recommendation and peer reviewers who provide written evaluative input and recommendations to NIH about particular funding applications under an express promise by the government that their identities in association with the written work products they authored and provided to the government will be kept confidential. Only material that would inappropriately reveal a particular referee or peer reviewer as the author of a specific work product (e.g., reference or recommendation letters, reviewer critiques, preliminary or final individual overall impact/priority scores, and/or assignment of peer reviewers to an application and other evaluative materials and data compiled by NIH/OER) is proposed to be exempted. The exemptions would protect not only an author's name in association with their written work product but any content that could enable the author to be identified from context. The Privacy Act provisions from which the material is proposed to be exempted are those that require the agency to provide an accounting of disclosures, access and amendment, and notification, which are contained in subsections (c)(3) and (d) of the Privacy Act.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2016-28602
Type: Rule
Date: 2016-12-08
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-102, -103, and -106 airplanes, Model DHC- 8-200 series airplanes, and Model DHC-8-300 series airplanes. This AD was prompted by several occurrences of loss of airspeed data on both pilot and co-pilot air speed indicators due to the accumulation of ice on the pitot probes caused by inoperative pitot probe heaters. This AD requires replacing the existing circuit breakers in the pitot heater system. We are issuing this AD to address the unsafe condition on these products.
Income and Currency Gain or Loss With Respect to a Section 987 QBU
Document Number: 2016-28381
Type: Rule
Date: 2016-12-08
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations that provide guidance under section 987 of the Internal Revenue Code (Code) regarding the determination of the taxable income or loss of a taxpayer with respect to a qualified business unit (QBU) subject to section 987, as well as the timing, amount, character, and source of any section 987 gain or loss. Taxpayers affected by these regulations are corporations and individuals that own QBUs subject to section 987. In addition, published elsewhere in this issue of the Federal Register, temporary and proposed regulations (the temporary regulations) are being issued under section 987 to address aspects of the application of section 987 not addressed in these final regulations.
Recognition and Deferral of Section 987 Gain or Loss
Document Number: 2016-28380
Type: Rule
Date: 2016-12-08
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains temporary regulations under section 987 of the Internal Revenue Code (Code) relating to the recognition and deferral of foreign currency gain or loss under section 987 with respect to a qualified business unit (QBU) in connection with certain QBU terminations and certain other transactions involving partnerships. This document also contains temporary regulations under section 987 providing: an annual deemed termination election for a section 987 QBU; an elective method, available to taxpayers that make the annual deemed termination election, for translating all items of income or loss with respect to a section 987 QBU at the yearly average exchange rate; rules regarding the treatment of section 988 transactions of a section 987 QBU; rules regarding QBUs with the U.S. dollar as their functional currency; rules regarding combinations and separations of section 987 QBUs; rules regarding the translation of income used to pay creditable foreign income taxes; and rules regarding the allocation of assets and liabilities of certain partnerships for purposes of section 987. Finally, this document contains temporary regulations under section 988 requiring the deferral of certain section 988 loss that arises with respect to related-party loans. The text of these temporary regulations also serves as the text of the proposed regulations set forth in the Proposed Rules section in this issue of the Federal Register. In addition, in the Rules and Regulations section of this issue of the Federal Register, final regulations are being issued under section 987 to provide general guidance under section 987 regarding the determination of the taxable income or loss of a taxpayer with respect to a QBU.
Recognition and Deferral of Section 987 Gain or Loss
Document Number: 2016-28377
Type: Proposed Rule
Date: 2016-12-08
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
Published elsewhere in this issue of the Federal Register, the Treasury Department and the IRS are issuing temporary regulations under section 987 of the Code relating to the recognition and deferral of foreign currency gain or loss under section 987 with respect to a qualified business unit (QBU) in connection with certain QBU terminations and certain other transactions involving partnerships. The temporary regulations also contain rules providing: An annual deemed termination election for a section 987 QBU; an elective method, available to taxpayers that make the annual deemed termination election, for translating all items of income or loss with respect to a section 987 QBU at the yearly average exchange rate; rules regarding the treatment of section 988 transactions of a section 987 QBU; rules regarding QBUs with the U.S. dollar as their functional currency; rules regarding combinations and separations of section 987 QBUs; rules regarding the translation of income used to pay creditable foreign income taxes; and rules regarding the allocation of assets and liabilities of certain partnerships for purposes of section 987. Finally, the temporary regulations contain rules under section 988 requiring the deferral of certain section 988 loss that arises with respect to related-party loans. The text of the temporary regulations serves as the text of these proposed regulations.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2016-28210
Type: Rule
Date: 2016-12-08
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted by reports of cracked and corroded barrel nuts found at the mid-spar location of the horizontal-stabilizer-to-vertical-stabilizer attachment joint. This AD requires repetitive detailed inspections of each barrel nut and cradle, a check of the bolt torque of the preload indicating (PLI) washers, and corrective action if necessary. We are issuing this AD to address the unsafe condition on these products.
Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators
Document Number: 2016-28012
Type: Rule
Date: 2016-12-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA establishes new minimum training standards for certain individuals applying for their commercial driver's license (CDL) for the first time; an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A CDL); or a hazardous materials (H), passenger (P), or school bus (S) endorsement for the first time. These individuals are subject to the entry-level driver training (ELDT) requirements and must complete a prescribed program of instruction provided by an entity that is listed on FMCSA's Training Provider Registry (TPR). FMCSA will submit training certification information to State driver licensing agencies (SDLAs), who may only administer CDL skills tests to applicants for the Class A and B CDL, and/or the P or S endorsements, or knowledge test for the H endorsement, after verifying the certification information is present in the driver's record.