December 13, 2016 – Federal Register Recent Federal Regulation Documents

Safety Zone; United Illuminating Company Housatonic River Crossing Project; Housatonic River, Milford and Stratford, CT
Document Number: 2016-29909
Type: Rule
Date: 2016-12-13
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the Housatonic River near Milford and Stratford, CT. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the United Illuminating Company Housatonic River Crossing Project. This regulation prohibits entry of vessels or people into the safety zone unless authorized by the Captain of the Port Sector Long Island Sound.
Radio Broadcasting Services; Pima, Arizona
Document Number: 2016-29903
Type: Proposed Rule
Date: 2016-12-13
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division dismisses the petition for rulemaking filed by 1TV.Com, Inc., (Petitioner), licensee of KIKO(FM), Claypool, Arizona, proposing to amend the FM Table of Allotments, by substituting noncommercial educational Channel *278A for Channel *296A at Pima, Arizona, to accommodate a hybrid application, requesting modification of the license for Station KIKO(FM) to specify operation on Channel 243C2 rather than Channel 247C2 at Claypool, Arizona. No comments or counterproposals were received by any parties. Petitioner did not file comments expressing a continuing interest in the proposed Pima allotment. It is the Commission's policy to refrain from making an allotment to a community absent an expression of interest. We will not allot Channel *278A at Pima, Arizona.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of the Commercial Sector for South Atlantic Vermilion Snapper
Document Number: 2016-29893
Type: Rule
Date: 2016-12-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the re-opening of the commercial sector for vermilion snapper in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. The most recent commercial landing data for vermilion snapper indicate the commercial annual catch limit (ACL) for the July through December 2016 fishing season has not yet been reached. Therefore, NMFS re-opens the commercial sector for vermilion snapper in the South Atlantic EEZ for 2 days to allow the commercial ACL to be caught, while minimizing the risk of the commercial ACL being exceeded.
Production or Disclosure of Records, Information and Employee Testimony in Legal Proceedings
Document Number: 2016-29875
Type: Rule
Date: 2016-12-13
Agency: Office of the United States Trade Representative
This rule adds subparts A and D to part 2004 of the Office of the United States Trade Representative's (USTR) regulations. Subpart A contains definitions used throughout part 2004. Subpart D governs how USTR responds to official demands and informal requests for records, information or employee testimony in connection with legal proceedings in which neither the United States nor USTR is a party. It includes the requirements and procedures for demanding or requesting parties to submit demands or requests, and factors for USTR to consider in determining whether USTR employees will provide records, information or testimony relating to their official duties.
Provisions for Removing Commodity Research and Promotion Board Members and Staff
Document Number: 2016-29852
Type: Proposed Rule
Date: 2016-12-13
Agency: Agricultural Marketing Service, Department of Agriculture
Notice is hereby given that the comment period on proposed amendments to the provisions for removal of board and council members or staff of the research and promotion ordersor the regulations under the ordersoverseen by the Agricultural Marketing Service (AMS) is extended to December 23, 2016. The proposed rule would provide uniform authority for the U.S. Department of Agriculture (USDA) to initiate action to remove board members and staff who fail to perform their duties or who engage in dishonest actions or willful misconduct. Such action is necessary to ensure the boards can continue to fulfill their intended purposes with minimal disruption.
Safety Standard for Portable Generators; Notice of Extension of Comment Period
Document Number: 2016-29845
Type: Proposed Rule
Date: 2016-12-13
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (Commission or CPSC) voted to publish a notice of proposed rulemaking (NPR) in the Federal Register on November 2, 2016, concerning portable generators. The NPR invited the public to submit written comments during a comment period that would close 75 days after the date of publication of the NPR in the Federal Register. In response to a request for an extension, the Commission is extending the comment period.
Proposed Amendment to the Puerto Rico Coastal Zone Management Program
Document Number: 2016-29842
Type: Proposed Rule
Date: 2016-12-13
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration's (NOAA) Office for Coastal Management is requesting comments on the preliminary findings and draft environmental assessment for a request from the Commonwealth of Puerto Rico for approval of amendments to the Puerto Rico Coastal Zone Management Program (PRCZMP). NOAA has determined that the amendments to the PRCZMP do not meet the requirements for approval. This determination is subject to change depending on public comments and further information that may be submitted by the Commonwealth. As part of its review of the amendments, NOAA developed a draft environmental assessment pursuant to the requirements of the National Environmental Policy Act for which comments are also requested.
Supplemental Nutrition Assistance Program: Photo Electronic Benefit Transfer (EBT) Card Implementation Requirements
Document Number: 2016-29841
Type: Rule
Date: 2016-12-13
Agency: Department of Agriculture, Food and Nutrition Service
The Food and Nutrition Service (FNS) is updating the Supplemental Nutrition Assistance Program (SNAP or ``Program'') regulations to set implementation parameters, prerequisites and operational standards required of State agencies that intend to implement the photo Electronic Benefit Transfer (EBT) card option provided under Section 7(h)(9) of the Food and Nutrition Act of 2008 (``the Act''). The updated regulations establish procedures to ensure State implementation is consistent with all Federal requirements as they relate to photo EBT cards, including establishing procedures to ensure: Any other appropriate member of the household or authorized representative (including any individual permitted by the household to purchase food on its behalf) who is not pictured on the photo EBT card may use the card; placing photos on EBT cards does not affect the eligibility process and does not impose additional conditions of eligibility or adversely impact the ability of appropriate household members to access the nutrition assistance they need. Failure by a State agency to adhere to the provisions of this rule may result in penalties, including loss of federal funding. The rule will also codify several other program updates to reflect the current operations of the program.
Safety Zone; James River, Newport News, VA
Document Number: 2016-29840
Type: Rule
Date: 2016-12-13
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the navigable waters of the James River within 1500-foot radius of the M/V SS DEL MONTE, in the vicinity of the James River Reserve Fleet, in support of United States Navy explosive training on the M/V SS DEL MONTE. This action is necessary to provide for the safety of life and property on the surrounding navigable waters during the United States Navy explosives training. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Hampton Roads.
Petition for Partial Reconsideration of Action in Rulemaking Proceeding
Document Number: 2016-29827
Type: Proposed Rule
Date: 2016-12-13
Agency: Federal Communications Commission, Agencies and Commissions
A Petition for Reconsideration (Petition) has been filed in the Commission's rulemaking proceeding, Chuck Powers, on behalf of Motorola Solutions, Inc.
National Standards for Traffic Control Devices; the Manual on Uniform Traffic Control Devices for Streets and Highways; Request for Information Related to Use of Clearview Font
Document Number: 2016-29819
Type: Proposed Rule
Date: 2016-12-13
Agency: Federal Highway Administration, Department of Transportation
The Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) is incorporated by reference in regulation, approved by FHWA, and recognized as the national standard for traffic control devices used on all streets, highways, bikeways, and private roads open to public travel. This document is a Request for Information (RFI) related to the use of the Clearview letter style on highway signs.
Drawbridge Operation Regulation; Columbia River, Kennewick, WA
Document Number: 2016-29809
Type: Rule
Date: 2016-12-13
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe (BNSF) Railroad Bridge (Kennewick-Pasco Railroad Bridge) across the Columbia River, mile 328, at Kennewick, WA. This deviation is necessary to accommodate maintenance to replace a lift motor and install span controls. This deviation allows the bridge to remain in the closed position during installation activities.
Drawbridge Operation Regulation; Willamette River, Portland, OR
Document Number: 2016-29775
Type: Rule
Date: 2016-12-13
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has issued a temporary deviation from the operating schedule that governs the upper deck and lower deck of the Steel Bridge across the Willamette River, mile 12.1, at Portland, OR. The deviation is necessary to allow work crews to upgrade the electrical power and controls system. This deviation allows both upper and lower spans of the Steel Bridge to remain in the closed-to- navigation position to allow for the safe replacement of bridge operating equipment.
Requirements for Foreign and Domestic Establishment Registration and Listing for Human Drugs, Including Drugs That Are Regulated Under a Biologics License Application, and Animal Drugs; Correction
Document Number: 2016-29774
Type: Rule
Date: 2016-12-13
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is correcting a final rule entitled ``Requirements for Foreign and Domestic Establishment Registration and Listing for Human Drugs, Including Drugs That Are Regulated Under a Biologics License Application, and Animal Drugs'' that appeared in the Federal Register of August 31, 2016 (81 FR 60169). That final rule amended current regulations concerning who must register establishments and list human drugs, human drugs that are also biological products, and animal drugs. The final rule was published with an incorrect statement in the preamble about the rule's effect on establishments at which investigational drugs are manufactured. This document corrects that error.
Special Conditions: DAHER-SOCATA, Model TBM 700; Inflatable Four-Point Restraint Safety Belt With an Integrated Airbag Device
Document Number: 2016-29769
Type: Rule
Date: 2016-12-13
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the installation of an inflatable four-point restraint safety belt with an integrated airbag device at the pilot and copilot seats on the DAHER-SOCATA, Model TBM 700 airplane. These airplanes, as modified by the installation of these inflatable safety belts, will have novel and unusual design features associated with the upper-torso restraint portions of the four-point safety belts, which contain an integrated airbag device. 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.
Notice and Recordkeeping for Use of Sound Recordings Under Statutory License; Technical Amendment
Document Number: 2016-29761
Type: Rule
Date: 2016-12-13
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
On August 10, 2016, the Copyright Royalty Judges (Judges) published in the Federal Register for comment proposed amendments to regulations governing reporting requirements for noncommercial webcasters, including noncommercial educational webcasters, that pay no more than the minimum fee for their use of sound recordings under the applicable statutory licenses. The Judges received three comments. The Judges hereby publish the final rule.
Determination of Attainment of the 2012 Annual Fine Particulate Matter Standard; Pennsylvania; Delaware County Nonattainment Area
Document Number: 2016-29751
Type: Rule
Date: 2016-12-13
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is making a final determination that the Delaware County, Pennsylvania moderate nonattainment area (the Delaware County Area) has attained the 2012 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). This determination of attainment, also known as a clean data determination, is based upon quality assured, certified, and complete ambient air quality monitoring data showing that this area has monitored attainment of the 2012 annual PM2.5 NAAQS based on the 2013-2015 data available in EPA's Air Quality System (AQS) database. As a result of this determination, the requirements for the Delaware County Area to submit an attainment demonstration, associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning state implementation plan (SIP) revisions related to attainment of the standard shall be suspended for so long as the area continues to meet the 2012 annual PM2.5 NAAQS. This action is being taken under the Clean Air Act (CAA).
Determination of Attainment of the 2012 Annual Fine Particulate Matter Standard; Pennsylvania; Delaware County Nonattainment Area
Document Number: 2016-29747
Type: Proposed Rule
Date: 2016-12-13
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to determine that the Delaware County, Pennsylvania moderate nonattainment area (the Delaware County Area) has attained the 2012 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). This determination of attainment, also known as a clean data determination, is based upon quality assured, certified, and complete ambient air monitoring data showing that this area has monitored attainment of the 2012 annual PM2.5 NAAQS based on the 2013-2015 data available in EPA's Air Quality System (AQS) database. If this determination is finalized, the requirements for the Delaware County Area to submit an attainment demonstration, associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning state implementation plan (SIP) revisions related to attainment of the standard shall be suspended for so long as the area continues to meet the 2012 annual PM2.5 NAAQS. This action is being taken under the Clean Air Act (CAA). In the Final Rules section of this Federal Register, EPA is making this determination of attainment as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.
Treatment of Certain Domestic Entities Disregarded as Separate From Their Owners as Corporations for Purposes of Section 6038A
Document Number: 2016-29641
Type: Rule
Date: 2016-12-13
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations that treat a domestic disregarded entity wholly owned by a foreign person as a domestic corporation separate from its owner for the limited purposes of the reporting, record maintenance and associated compliance requirements that apply to 25 percent foreign-owned domestic corporations under section 6038A of the Internal Revenue Code.
Proposed Amendment of Class D and Class E Airspace; Elmira, NY
Document Number: 2016-29632
Type: Proposed Rule
Date: 2016-12-13
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E Airspace designated as an extension to a Class D surface area at Elmira/Corning Regional Airport, Elmira, NY, as the ERINN Outer Marker has been decommissioned, requiring airspace reconfiguration at the airport. This action also would eliminate the Notice to Airmen (NOTAM) part time status of this Class E Airspace area. Additionally, this action would update the geographic coordinates of the airport for the Class D and Class E airspace areas listed in this proposal, and would enhance the safety and management of Instrument Flight Rules (IFR) operations.
Regulation Regarding Nondiscrimination on the Basis of Race, Color, or National Origin in Programs or Activities Receiving Federal Financial Assistance From the Department of the Treasury
Document Number: 2016-29629
Type: Rule
Date: 2016-12-13
Agency: Department of the Treasury
This final rule provides for the enforcement of Title VI of the Civil Rights Act of 1964, as amended (``Title VI'') to the end that no person in the United States shall on the grounds of race, color, or national origin be denied participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that receives federal financial assistance from the Department of the Treasury. The promulgation of this final regulation will provide guidance to the Department's recipients of federal financial assistance in complying with the provisions of Title VI and will also promote consistent and appropriate enforcement of Title VI by the Department's components. Through this final rule, the Department also notifies beneficiaries of its programs offering financial assistance of the protections against discrimination based on race, color, and national origin.
Air Quality Designations for the 2010 Sulfur Dioxide (SO2
Document Number: 2016-29561
Type: Rule
Date: 2016-12-13
Agency: Environmental Protection Agency
This rule establishes the initial air quality designations for four areas in Texas for the 2010 primary sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). The Environmental Protection Agency (EPA) is designating three of the areas as nonattainment because they do not meet the NAAQS. One area is being designated unclassifiable because it cannot be classified on the basis of available information as meeting or not meeting the NAAQS. The designations are based on the weight of evidence for each area, including available air quality monitoring data and air quality modeling. For the areas designated nonattainment by this rule, the Clean Air Act (CAA) directs the state of Texas to undertake certain planning and pollution control activities to attain the SO2 NAAQS as expeditiously as practicable. This action is a supplement to the final rule addressing the second round of area designations for the 2010 SO2 NAAQS, which the EPA Administrator signed on June 30, 2016.
Energy Conservation Program: Energy Conservation Standards for Residential Dishwashers
Document Number: 2016-29328
Type: Rule
Date: 2016-12-13
Agency: Department of Energy
The Energy Policy and Conservation Act of 1975 (EPCA or the Act), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential dishwashers. 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. In this final rule, DOE has determined that more stringent residential dishwasher standards would not be economically justified, and, thus, does not amend its energy conservation standards for residential dishwashers. DOE also eliminates an obsolete dishwasher test procedure that is no longer used to demonstrate compliance with the existing energy conservation standards.
Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems
Document Number: 2016-28714
Type: Rule
Date: 2016-12-13
Agency: Federal Aviation Administration, Department of Transportation
Prior to this final rule, persons could only use an Enhanced Flight Vision System (EFVS) in lieu of natural vision to descend below the decision altitude, decision height, or minimum descent altitude (DA/DH or MDA) down to 100 feet above the touchdown zone elevation (TDZE) using certain straight-in landing instrument approach procedures (IAPs). This final rule permits operators to use an EFVS in lieu of natural vision to continue descending from 100 feet above the TDZE to the runway and to land on certain straight-in IAPs under instrument flight rules (IFR). This final rule also revises and relocates the regulations that permit operators to use an EFVS in lieu of natural vision to descend to 100 feet above the TDZE using certain straight-in IAPs. Additionally, this final rule addresses provisions that permit operators who conduct EFVS operations under parts 121, 125, or 135 to use EFVS-equipped aircraft to dispatch, release, or takeoff under IFR, and revises the regulations for those operators to initiate and continue an approach, when the destination airport weather is below authorized visibility minimums for the runway of intended landing. This final rule establishes pilot training and recent flight experience requirements for operators who use EFVS in lieu of natural vision to descend below the DA/DH or MDA. EFVS-equipped aircraft conducting operations to touchdown and rollout are required to meet additional airworthiness requirements. This final rule also revises pilot compartment view certification requirements for vision systems using a transparent display surface located in the pilot's outside field of view. The final rule takes advantage of advanced vision capabilities, thereby achieving the Next Generation Air Transportation System (NextGen) goals of increasing access, efficiency, and throughput at many airports when low visibility is the limiting factor. Additionally, it enables EFVS operations in reduced visibilities on a greater number of approach procedure types while maintaining an equivalent level of safety.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2016-28622
Type: Proposed Rule
Date: 2016-12-13
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier proposal to supersede Airworthiness Directive (AD) 2014-16-02 for certain Bombardier, Inc. Model CL-600- 1A11 (CL-600) airplanes. This action revises the notice of proposed rulemaking (NPRM) by reducing the compliance time to modify the thrust reversers, and adding new modification procedures. We are proposing this AD to address the unsafe condition on these products. Since these actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.
Airworthiness Directives; BAE Systems (Operations) Limited Airplanes
Document Number: 2016-28060
Type: Proposed Rule
Date: 2016-12-13
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier proposal to supersede Airworthiness Directive (AD) 2011-24-06. AD 2011-24-06 applies to all BAE Systems (Operations) Limited Model Bae 146-100A, -200A, and -300A airplanes; and Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes. This action revises the NPRM by adding airplanes to the applicability. We are proposing this AD to address the unsafe condition on these products. Since these actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.
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