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Federal Register Highlights – 2/12/16

EDITOR’S NOTE: No items in today’s Federal Register that fit my usual criteria of unpublished, time-sensitive or proposed regulations. Please remember that Monday, February 15, 2016, is a Federal holiday and there will be no Federal Register published that day.

Federal Register Highlights – 2/11/16

Unpublished, time-sensitive and proposed rules for February 11, 2016:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe Railroad swing span drawbridge across Des Allemands Bayou, mile 14.0, at Des Allemands, St. Charles and Lafourche Parishes, Louisiana. The deviation is necessary to perform a swing span change out to the bridge. This deviation allows the bridge to remain closed-to-navigation continuously for 42 days. This deviation is effective from February 21, 2016 through April 1, 2016.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Galveston Causeway Railroad Vertical Lift Bridge across the Gulf Intracoastal Waterway, mile 357.2 west of Harvey Locks, at Galveston, Galveston County, Texas. The deviation is necessary to conduct maintenance on the bridge. This deviation allows the bridge to remain temporarily closed to navigation for two four-hour periods, on five consecutive days during day-light hours. This deviation is effective from March 7 through March 11, 2016.

PROPOSED RULE: We, the Fish and Wildlife Service (Service), propose to revise the regulations governing the annual Migratory Bird Hunting and Conservation Stamp Contest (also known as the Federal Duck Stamp Contest (contest)). Our amendments would update our contact information; update common names and spelling of species on our list of contest design subjects; correct minor grammar errors; and specify the requirement to include a second, appropriate, migratory bird species in the artwork design beginning with the 2016 contest. We will accept comments that we receive on or before March 14, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FWS–HQ–MB–2015–0161.)

PROPOSED RULE: The Multiemployer Pension Reform Act of 2014 (‘‘MPRA’’), which was enacted by Congress as part of the Consolidated and Further Continuing Appropriations Act of 2015, relates to multiemployer defined benefit pension plans that are projected to have insufficient funds, within a specified timeframe, to pay the full plan benefits to which individuals will be entitled (referred to as plans in ‘‘critical and declining status’’). Under MPRA, the sponsor of such a plan is permitted to reduce the pension benefits payable to plan participants and beneficiaries if certain conditions and limitations are satisfied (referred to in MPRA as a ‘‘suspension of benefits’’). One specific limitation governs the application of a suspension of benefits under any plan that includes benefits directly attributable to a participant’s service with any employer that has withdrawn from the plan in a complete withdrawal, paid its full withdrawal liability, and, pursuant to a collective bargaining agreement, assumed liability for providing benefits to participants and beneficiaries equal to any benefits for such participants and beneficiaries reduced as a result of the financial status of the plan. This document contains proposed regulations that would provide guidance relating to this specific limitation. These regulations affect active, retired, and deferred vested participants and beneficiaries under any such multiemployer plan in critical and declining status as well as employers contributing to, and sponsors and administrators of, those plans. Comments must be received by March 15, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. IRS–REG–101701–16.)

Federal Register Highlights – 2/10/16

Unpublished, time-sensitive and proposed rules for February 10, 2016:

PROPOSED RULE: The Environmental Protection Agency (EPA) today proposes to amend federal regulations that designated, and placed restrictions on the use of, the Central Long Island Sound and Western Long Island Sound dredged material disposal sites, located offshore from New Haven and Stamford, Connecticut, respectively. The amended regulation incorporates standards and procedures for the use of those sites as recommended in the Long Island Sound Dredged Material Management Plan, which was completed by the U.S. Army Corps of Engineers on January 11, 2016. The Dredged Material Management Plan identifies a wide range of alternatives to open-water disposal and recommends standards and procedures for determining which alternatives to pursue for different dredging projects, so as to reduce or eliminate wherever practicable the open-water disposal of dredged material. Comments must be received on or before March 25, 2016. (Submit written comments to: Stephen Perkins, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square, Suite 100, Mail Code: OEP06–3, Boston, MA 02109–3912 or electronically to CLDS@epa.gov.)

TEMPORARY RULE: NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2016 Pacific cod total allowable catch allocated to catcher vessels less than 60 feet (18.3 m) LOA using hook- and-line or pot gear in the BSAI. Effective 1200 hours, Alaska local time (A.l.t.), February 5, 2016, through 2400 hours, A.l.t., December 31, 2016.

 

Federal Register Highlights – 2/9/16

Unpublished, time-sensitive and proposed rules for February 9, 2016:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Oregon State highway bridge across Youngs Bay foot of Fifth Street, mile 2.4, at Astoria, OR. The common name of this bridge is Old Youngs Bay Bridge. The deviation is necessary to accommodate extensive maintenance and restoration efforts on this bridge. This deviation allows the double bascule span to operate in a single leaf mode when at least a three-hour advance notification is given by marine vessels that require an opening, and the vertical clearance of the bridge to be reduced. This deviation is effective from 7 a.m. on February 15, 2016 to 11 p.m. on June 15, 2016.

PROPOSED RULE: This action proposes amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) Refinery MACT 1 and Refinery MACT 2 regulations and the New Source Performance Standards (NSPS) for petroleum refineries, which were published on December 1, 2015. In that action, as a result of a risk and technology review, the Environmental Protection Agency (EPA) finalized amendments to Refinery MACT 1 and Refinery MACT 2. In this action, the EPA is proposing to amend the compliance date in Refinery MACT 1 for maintenance vent standards that apply during periods of startup, shutdown, maintenance or inspection for sources constructed or reconstructed on or before June 30, 2014. In this action, the EPA is also proposing to revise the compliance dates in Refinery MACT 2 for the standards that apply during startup, shutdown, or hot standby for fluid catalytic cracking units (FCCU) and startup and shutdown for sulfur recovery units (SRU) constructed or reconstructed on or before June 30, 2014. These proposed revisions do not affect requirements that apply during normal operations. Finally, the EPA is proposing technical corrections and clarifications to the NESHAP and the NSPS for petroleum refineries. This action will have an insignificant effect on emissions reductions and costs. Comments must be received on or before March 25, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. EPA–HQ–OAR–2010–0682.)

RULE: We are superseding airworthiness directive (AD) 2014–13– 01 for Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB–BK 117 C–2 helicopters with a certain Goodrich rescue hoist damper unit (damper unit) installed. AD 2014– 13–01 required repairing or replacing the damper unit or deactivating the rescue hoist. AD 2014–13–01 was prompted by a report of an uncommanded detachment of a damper unit from the cable. This new AD retains the optional requirement of deactivating the rescue hoist, expands the applicability, and requires either replacing or modifying the damper unit with a newly developed single-piece retainer. These actions are intended to prevent the hoist damper unit detaching from the cable resulting in loss of an external load or person from the helicopter hoist and injury to persons being lifted by the hoist. This AD becomes effective February 24, 2016.

RULE: We are adopting a new airworthiness directive (AD) for all Rolls-Royce plc (RR) RB211–535E4–37, RB211–535E4–B–37, and RB211– 535E4–C–37 turbofan engines. This AD requires recalculating the cyclic life for certain engine life-limited rotating parts and removing those parts that have exceeded their cyclic life limit within specified compliance times. This AD was prompted by a review of operational data that determined certain RR RB211–535E4–37 engines have been operated to a more severe flight profile than is consistent with the flight profile used to establish the cyclic life limits for the rotating parts. We are issuing this AD to prevent failure of life-limited rotating parts, uncontained parts release, damage to the engine, and damage to the airplane. This AD becomes effective March 15, 2016.

RULE: We are adopting a new airworthiness directive (AD) for all Turbomeca S.A. ARRIEL 2C, 2C1, 2C2, 2S1, and 2S2 turboshaft engines with modification TU34 or TU34A installed. This AD requires inspecting the torque conformation box (TCB) for correct resistance values and removing TCBs that fail inspection before further flight. This AD was prompted by TCB failures. We are issuing this AD to prevent failure of the TCB, loss of engine thrust control, and damage to the helicopter. This AD becomes effective March 15, 2016.

PROPOSED RULE: This proposed rule addresses changes to the Confidentiality of Alcohol and Drug Abuse Patient Records regulations. This proposal was prompted by the need to update and modernize the regulations. These laws and regulations governing the confidentiality of substance abuse records were written out of great concern about the potential use of substance abuse information against an individual, preventing those individuals with substance use disorders from seeking needed treatment. The last substantive update to these regulations was in 1987. Over the last 25 years, significant changes have occurred within the U.S. health care system that were not envisioned by the current regulations, including new models of integrated care that are built on a foundation of information sharing to support coordination of patient care, the development of an electronic infrastructure for managing and exchanging patient information, and a new focus on performance measurement within the health care system. SAMHSA wants to ensure that patients with substance use disorders have the ability to participate in, and benefit from new integrated health care models without fear of putting themselves at risk of adverse consequences. These new integrated models are foundational to HHS’s triple aim of improving health care quality, improving population health, and reducing unnecessary health care costs. SAMHSA strives to facilitate information exchange within new health care models while addressing the legitimate privacy concerns of patients seeking treatment for a substance use disorder. These concerns include: The potential for loss of employment, loss of housing, loss of child custody, discrimination by medical professionals and insurers, arrest, prosecution, and incarceration. This proposal is also an effort to make the regulations more understandable and less burdensome. We welcome public comment on this proposed rule. To be assured consideration, comments must be received no later than 5 p.m. on April 11, 2016. (To submit comments, visit www.regulations.gov, reference File Code SAMHSA–4162–20.)

PROPOSED RULE: This rulemaking proposes to revise the exemption for recreational vehicles that are not self-propelled from HUD’s Manufactured Housing Procedural and Enforcement Regulations. This proposed rule is based on a recommendation adopted by the Manufactured Housing Consensus Committee (MHCC) which would define a recreational vehicle as one built on a vehicular structure, not certified as a manufactured home, designed only for recreational use and not as a primary residence or for permanent occupancy, and built and certified in accordance with either the National Fire Protection Association (NFPA) 1192–15 or American National Standards Institute (ANSI) A119.5–09 consensus standards for recreational vehicles. HUD is adopting the MHCC’s recommendation but modifying it to require certification with the updated ANSI standard, A119.5–15, and by including a requirement that units claiming the ANSI A119.5–15 exemption prominently display a notice stating that the unit is designed only for recreational use, and not as a primary residence or permanent dwelling. Comment Due Date: April 11, 2016. (To submit comments, visit www.regulations.gov, reference RIN 2502–AJ33.)

PROPOSED RULE: This proposed rule would modify the Commerce Control List (CCL) entries for two types of items: Military aircraft and related items, and military gas turbine engines and related items. The rule would add clarifying text to the descriptions of the types of military aircraft controlled on the CCL. The lists of items that are subject only to the anti-terrorism reason for control would be clarified and expanded. This proposed rule is based on a review of the military aircraft and gas turbine engine related entries that were added to the CCL on October 15, 2013. That review was intended to ensure that the regulatory changes made by the October 15, 2013 rule are clear, do not inadvertently control items in normal commercial use, account for technological developments, and properly implement the national security and foreign policy objectives of the export control reform effort. This proposed rule is being published simultaneously with a proposed rule by the Department of State, which is based on a review of Categories VIII and XIX of the United States Munitions List (USML). This document also furthers the retrospective regulatory review directed by the President in Executive Order 13563. Comments must be received by March 25, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. BIS–2016–0009.)

PROPOSED RULE: The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC is revising its regulations to reflect the fees and charges levied by the SLSMC in Canada starting in the 2016 navigation season, which are effective only in Canada. An amendment to increase the minimum charge per lock for those vessels that are not pleasure craft or subject in Canada to tolls under items 1 and 2 of the Tariff for full or partial transit of the Seaway will apply in the U.S. Comments are due March 10, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. SLSDC–2016–0003.)

PROPOSED RULE: As part of the President’s Export Control Reform (ECR) effort, the Department of State proposes to amend the International Traffic in Arms Regulations (ITAR) to revise Categories VIII (aircraft and related articles) and XIX (gas turbine engines and associated equipment) of the U.S. Munitions List (USML) to describe more precisely the articles warranting control on the USML. The revisions contained in this rule are part of the Department of State’s retrospective plan under E.O. 13563. The Department of State will accept comments on this proposed rule until March 25, 2016. (To submit comments, visit www.regulations.gov, reference RIN 1400–AD89.)

Federal Register Highlights – 2/8/16

Unpublished, time-sensitive and proposed rules for February 8, 2016:

PROPOSED RULE: This proposed rule establishes the Financial Assistance Interior Regulation (FAIR). The FAIR supplements the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Omni-Circular), which was adopted The Department of the Interior (Department) on December 19, 2014. This proposed rule would consolidate the Department’s financial assistance regulations and policies derived from the OMB Omni-Circular. Submit comments on or before April 8, 2016. (To submit comments, visit www.regulations.gov, reference RIN 1090–AB11.)

PROPOSED RULE: The Bureau of Land Management (BLM) is proposing 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 leases. The regulations would also clarify when produced gas lost through venting, flaring, or leaks is subject to royalties, and when oil and gas production used on site would be royalty-free. These proposed regulations would be codified at new 43 CFR subparts 3178 and 3179. They would replace the existing provisions related to venting, flaring, and royalty-free use of gas contained in the 1979 Notice to Lessees and Operators of Onshore Federal and Indian Oil and Gas Leases, Royalty or Compensation for Oil and Gas Lost (NTL–4A), which are over 3 decades old. Send your comments on this proposed rule to the BLM on or before April 8, 2016. (To submit comments, visit www.regulations.gov, reference RIN 1004–AE14.)

TEMPORARY RULE: NMFS is prohibiting directed fishing with trawl gear, other than pelagic trawl gear for walleye pollock, by American Fisheries Act (AFA) trawl catcher processors in Bycatch Limitation Zone 1 of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the sideboard limit of the 2016 bycatch allowance of red king crab in Zone 1 specified for AFA trawl catcher processors in the BSAI. Effective 1200 hrs, Alaska local time (A.l.t.), February 3, 2016, though 2400 hrs, A.l.t., December 31, 2016.

TEMPORARY RULE: NMFS is opening directed fishing for Pacific cod by catcher/processors using trawl gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the A season allowance of the 2016 total allowable catch apportioned to catcher/processors using trawl gear in the Western Regulatory Area of the GOA. Effective 1200 hours, Alaska local time (A.l.t.), February 4, 2016, through 1200 hours, A.l.t., June 10, 2016.

PROPOSED RULE: NMFS issues a proposed rule that would implement Amendment 109 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). If approved, this proposed rule would amend regulations governing the Western Alaska Community Development Quota (CDQ) Program to support increased participation in the groundfish CDQ fisheries (primarily Pacific cod) by catcher vessels less than or equal to 46 feet (ft) (14.0 meters (m)) length overall (LOA) using hook-and- line gear. Specifically, this proposed rule would exempt operators of registered catcher vessels greater than 32 ft (9.8 m) LOA and less than or equal to 46 ft LOA using hook-and-line gear from the requirement to obtain and carry a License Limitation Program license when groundfish CDQ fishing. The proposed rule also would reduce observer coverage requirements for catcher vessels less than or equal to 46 ft LOA when groundfish CDQ fishing, and implement new in-season management and catch accounting requirements to properly account for the harvest of groundfish and halibut and the accrual of halibut prohibited species catch in these fisheries. In addition to the proposed regulations necessary to implement Amendment 109, NMFS proposes to remove a table in the regulations because it is no longer necessary. This action is intended to facilitate increased participation by residents of CDQ communities in the groundfish fisheries in the Bering Sea and Aleutian Islands Management Area, and to support economic development in western Alaska. This action is necessary to promote the goals of the CDQ Program, and to promote the goals and objectives of the FMP, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable laws. Submit comments on or before March 9, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. NOAA–NMFS–2015–0060.)

PROPOSED RULE: The Office of Personnel Management is issuing proposed regulations that introduce updated systems and regulatory definitions for managing human resources in the Federal Government. The rulemaking also proposes to reduce and clarify the reporting procedures that agencies are required to follow, creates a data-driven review process (HRStat); and describes workforce planning methods that agencies are required to follow. Additionally, the proposed regulation aligns Strategic Human Capital Management to the Government Performance and Results Act Modernization Act of 2010 (Pub. L. 111– 352). It also sets forth the new Human Capital Framework (HCF), which replaces the Human Capital Assessment Accountability Framework (HCAAF). Comments must be received on or before April 8, 2016. (To submit comments, visit www.regulations.gov, reference RIN 3206–AL98.)

PROPOSED RULE: The Department of Veterans Affairs (VA) is proposing to remove its medical regulation that governs medications provided in Alaska and territories and possessions of the United States because this regulation is otherwise subsumed by another VA medical regulation related to provision of medications that are prescribed by non-VA providers. Comments must be received by VA on or before April 8, 2016. (To submit comments, visit www.regulations.gov, reference RIN 2900–AP42.)

Federal Register Highlights – 2/5/16

Unpublished, time-sensitive and proposed rules for February 5, 2016:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Norfolk and Western railroad bridge (Norfolk Southern V6.8 Bridge) across the South Branch of the Elizabeth River, mile 3.6, at Portsmouth-Chesapeake, VA. The deviation is necessary to perform bridge maintenance and repairs. This deviation allows the bridge to remain in the closed-to-navigation position. This deviation is effective from 7 a.m. on February 5, 2016 to 7 p.m. on February 7, 2016.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on all navigable waters within a 750 foot radius around the center of the Boudreaux Canal Flood Gates in Chauvin, LA. This safety zone is necessary to protect persons, property, and infrastructure from potential damage and safety hazards associated with repair work on the Boudreaux Canal Sector Flood Gates located on Bayou Petite Caillou. During the periods of enforcement, entry into and transiting or anchoring within this safety zone is prohibited unless specifically authorized by Captain of the Port (COTP) Morgan City or other designated representative. This rule is effective without actual notice from February 5, 2016 until February 27, 2016.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone in the waters of the Hudson River in the vicinity of Anchorage Ground 19–W. This zone is intended to restrict vessels from a portion of the Hudson River due to the presence of a dielectric oil leak from a submerged power cable, and the hazards associated with the cable repair vessels. This temporary safety zone is necessary to protect people and vessels from the hazards associated with this event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port New York. This rule is effective without actual notice from February 5, 2016 through July 9, 2016.

PROPOSED RULE: The Drug Enforcement Administration proposes placing quinolin-8-yl 1-pentyl-1H-indole-3- carboxylate (PB-22; QUPIC), quinolin-8- yl 1-(5-fluoropentyl)-1H-indole-3- carboxylate (5-fluoro-PB-22; 5F-PB-22), N-(1-amino-3-methyl-1-oxobutan-2-yl)- 1-(4-fluorobenzyl)-1H-indazole-3- carboxamide (AB-FUBINACA) and N-(1- amino-3,3-dimethyl-1-oxobutan-2-yl)-1- pentyl-1H-indazole-3-carboxamide (ADB-PINACA), including their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, into schedule I of the Controlled Substances Act. This proposed scheduling action is pursuant to the Controlled Substances Act which requires that such actions be made on the record after opportunity for a hearing through formal rulemaking. If finalized, this action would impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess), or propose to handle PB-22, 5F-PB-22, AB-FUBINACA, or ADB- PINACA. Interested persons may file written comments on this proposal in accordance with 21 CFR 1308.43(g). Comments must be submitted electronically or postmarked on or before March 7, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. DEA–433.)

PROPOSED RULE: The Environmental Protection Agency (EPA) is proposing to approve portions of the State Implementation Plan (SIP) submission, submitted by the State of Georgia, through the Georgia Department of Natural Resources (DNR), Environmental Protection Division (GAEPD), on October 22, 2013, and supplemented on July 25, 2014, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1- hour sulfur dioxide (SO2) national ambient air quality standard (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ‘‘infrastructure’’ SIP. GAEPD certified that the Georgia SIP contains provisions that ensure the 2010 1-hour SO2 NAAQS is implemented, enforced, and maintained in Georgia. EPA is proposing to determine that Georgia’s infrastructure submission, submitted on October 22, 2013, and supplemented on July 25, 2014, addresses certain required infrastructure elements for the 2010 1- hour SO2 NAAQS. Written comments must be received on or before March 7, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. EPA–R04–OAR–2015–0152.)

PROPOSED RULE: The Federal Transit Administration (FTA) is proposing requirements for Public Transportation Agency Safety Plans as authorized by Section 20021 of the Moving Ahead for Progress in the 21st Century Act (MAP– 21). This proposed rule would require operators of public transportation systems that receive Federal financial assistance under 49 U.S.C. Chapter 53 to develop and implement Public Transportation Agency Safety Plans based on the Safety Management System approach. Development and implementation of agency safety plans will help ensure that public transportation systems are safe nationwide. FTA seeks public comments on all aspects of this proposed rule, including information related to its benefits and costs, as well as alternative approaches that may more cost-effectively satisfy the statutory requirements and help ensure the safety of the nation’s public transportation system. Comments must be received by April 5, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FTA–2015–0021.)

PROPOSED RULE: Pursuant to the Magnuson- Stevens Fishery Conservation and Management Act (MSA), this proposed rule would establish filing and recordkeeping procedures relating to the importation of certain fish and fish products, in order to implement the MSA’s prohibition on the import and trade, in interstate or foreign commerce, of fish taken, possessed, transported or sold in violation of any foreign law or regulation. The information to be filed is proposed to be collected at the time of entry, and makes use of an electronic single window consistent with the Safety and Accountability for Every (SAFE) Port Act of 2006 and other applicable statutes. Specifically, NMFS proposes to integrate collection of catch and landing documentation for certain fish and fish products within the government-wide International Trade Data System (ITDS) and require electronic information collection through the Automated Commercial Environment (ACE) maintained by the Department of Homeland Security, Customs and Border Protection (CBP). Under these procedures, NMFS would require an annually renewable International Fisheries Trade Permit (IFTP) and specific data for certain fish and fish products to be filed and retained as a condition of import to enable the United States to exclude the entry into commerce of products of illegal fishing activities. The information to be collected and retained will help authorities verify that the fish or fish products were lawfully acquired by providing information that traces each import shipment from point of harvest to entry-into commerce. The rule will also decrease the incidence of seafood fraud by collecting information at import and requiring retention of documentation so that the information reported (e.g., regarding species and harvest location) can be verified. This proposed rule stipulates the catch and landing data for imports of certain fish and fish products which would be required to be submitted electronically to NMFS through ACE and the requirements for recordkeeping concerning such imports. Written comments must be received by April 5, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. NOAA–NMFS–2015–0122.)

PROPOSED RULE: The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Seaway Regulations and Rules in various categories. The changes will update the following sections of the Regulations and Rules: Condition of Vessels; Seaway Navigation; and, Information and Reports. These amendments are necessary to take account of updated procedures and will enhance the safety of transits through the Seaway. Several of the amendments are merely editorial or for clarification of existing requirements. Comments are due March 7, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. SLSDC–2016–0004.)

Federal Register Highlights – 2/4/16

Unpublished, time-sensitive and proposed rules for February 4, 2016:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe (BNSF) Railway Bridge across the Columbia River, mile 105.6, at Vancouver, WA. This deviation is necessary to accommodate maintenance to replace movable rail joints. This deviation allows the bridge to remain in the closed position during maintenance activities. This deviation is effective from 7 a.m. on March 8, 2016, to 7 p.m. on March 17, 2016.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the James River Bridge (US17) across the James River, mile 5.0, at Isle of Wight and Newport News, VA. The deviation is necessary to perform bridge maintenance and repairs. This deviation allows the bridge to remain in the closed-to-navigation position. This deviation is effective from 5 a.m. on February 7, 2016 to 7 p.m. on February 14, 2016.

RULE: We are superseding Airworthiness Directive (AD) 2004–20– 14, for all Airbus Model A300 B4–2C, B4–103, and B4–203 airplanes; and all Airbus Model A300 B4–600, B4–600R, and F4–600R series airplanes. AD 2004– 20–14 required repetitive inspections to detect cracking of the splice fitting at fuselage frame (FR) 47 between stringers 24 and 26 (left- and right-hand sides), and corrective actions if necessary. This new AD reduces the inspection compliance time and repetitive inspection intervals, and adds Airbus Model A300 C4–605R Variant F airplanes to the applicability. This AD was prompted by a determination that the inspection compliance time and repetitive inspection interval must be reduced to allow timely detection of cracks in the splice fitting at fuselage FR 47. We are issuing this AD to detect and correct cracking of the splice fitting at fuselage FR 47; such cracking could result in reduced structural integrity of the airplane. This AD becomes effective March 10, 2016.

RULE: We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737–100, –200, –200C, –300, –400, and –500 series airplanes. This AD was prompted by a report of a crack of the forward leg of the left front spar lower chord and cracks on the lower wing skin at three fastener holes common to the nacelle outboard side load fitting. This AD requires repetitive inspections for cracks on the front spar lower chord, inspar skin, and wing skin, and corrective action if necessary. We are issuing this AD to detect and correct fatigue cracking of the forward leg of the front spar lower chord, inspar skin, and wing skin common to the nacelle outboard side load fitting, which could adversely affect the structural integrity of the wing. This AD is effective March 10, 2016.

PROPOSED RULE: In this document, the Commission seeks comment on a proposal to adopt rules that would require manufacturers and MVPDs to ensure that consumers are able to readily access user display settings for closed captioning. Comments are due on or before February 24, 2016; reply comments are due on or before March 7, 2016. (To submit comments, visit www.regulations.gov, reference MB Docket No. 12–108.)

PROPOSED RULE: On July 13, 2015, the FDIC published a notice of proposed rulemaking in the Federal Register proposing to amend 12 CFR part 327 to refine the deposit insurance assessment system for small insured depository institutions that have been federally insured for at least 5 years (established small banks). In response to comments received regarding the notice, the FDIC is issuing this revised notice of proposed rulemaking (revised NPR or revised proposal) that would: Use a brokered deposit ratio (that treats reciprocal deposits the same as under current regulations) as a measure in the financial ratios method for calculating assessment rates for established small banks instead of the previously proposed core deposit ratio; remove the existing brokered deposit adjustment for established small banks; and revise the previously proposed one-year asset growth measure. The FDIC proposes that a final rule would take effect the quarter after the Deposit Insurance Fund (DIF) reserve ratio has reached 1.15 percent (or the first quarter after a final rule is adopted that the rule can take effect, whichever is later). Comments must be received by the FDIC no later than March 7, 2016. (To submit comments, visit www.regulations.gov, reference RIN 3064–AE37.)

PROPOSED RULE: The Federal Energy Regulatory Commission is proposing to revise its regulations to require that each regional transmission organization (RTO) and independent system operator (ISO) cap each resource’s incremental energy offer to the higher of $1,000/ MWh or that resource’s verified cost- based incremental energy offer. Comments are due April 4, 2016. (To submit comments, visit www.ferc.gov, reference Docket No. RM16–5–000. Documents created electronically using word processing software should be filed in native applications or print-to-PDF format and not in a scanned format.)

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