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Federal Register Highlights – 1/19/16

January 19, 2016

Unpublished, time-sensitive and proposed rules for January 19, 2016:

PROPOSED RULE: This proposed rule would implement a recommendation from the Peanut Standards Board (Board) to revise the minimum quality and handling standards for domestic and imported peanuts marketed in the United States (Standards). The Board advises the Secretary of Agriculture regarding potential changes to the Standards and is comprised of producers and industry representatives. This proposed rule would revise the minimum quality, positive lot identification, and reporting and recordkeeping requirements under the Standards. It would also make numerous other changes to better reflect current industry practices and to revise outdated language. The Board believes these changes would make additional peanuts available for sale, help increase efficiencies, and reduce costs to the industry. Comments must be received by March 21, 2016. (To submit comments, visit, reference Docket Number AMS–FV–15–0066.)

PROPOSED RULEL In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are proposing to amend and republish the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. The Act requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. This action would implement the findings of the fourth biennial review of the list. In addition, we are proposing several amendments to the regulations, including the addition of provisions to address the inactivation of select agents, provisions addressing biocontainment and biosafety, and clarification of regulatory language concerning security, training, incident response, and records. These changes would increase the usability of the select agent regulations as well as provide for enhanced program oversight. We will consider all comments that we receive on or before March 21, 2016. (To submit comments, visit, reference Docket Number APHIS–2014–0095.)

TEMPORARY RULE: The Coast Guard is establishing a temporary moving safety zone for navigable waters within a 1000- yards ahead of the Dry-Dock RICHLAND and its towing vessel and 500 yards abeam and 500 yards astern of the dry- dock. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the movement of the dry-dock from Guam waters. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Guam. This rule is effective without actual notice from January 19, 2016 through 6:00 p.m. January 31, 2016. For the purposes of enforcement, actual notice will be used from 8:00 a.m. December 30, 2015 through January 19, 2016.

PROPOSED RULE: In section 518(e) of the Clean Water Act (CWA), Congress authorized EPA to treat eligible federally recognized Indian tribes in a similar manner as states for purposes of administering section 303 and certain other provisions of the CWA, and directed the agency to promulgate regulations effectuating this authorization. EPA has issued regulations establishing a process for federally recognized tribes to obtain treatment in a similar manner as states (TAS) for several provisions of the CWA; 50 tribes, for example, have obtained TAS authority to issue water quality standards under CWA section 303(c). EPA, however, has not yet promulgated regulations expressly establishing a process for such tribes to obtain TAS authority to administer the water quality restoration provisions of CWA section 303(d), including issuing lists of impaired waters and developing total maximum daily loads (TMDLs) under CWA section 303(d), as states routinely do. EPA is now proposing to remedy this gap. By establishing regulatory procedures for eligible tribes to obtain TAS for the CWA Section 303(d) Impaired Water Listing and TMDL Program, the proposed rule would enable eligible tribes to obtain authority to identify impaired waters on their reservations and to establish TMDLs, which serve as plans for attaining and maintaining applicable water quality standards (WQS). The proposal is comparable to similar regulations that EPA issued in the 1990s for the CWA Section 303(c) WQS and CWA Section 402 and 404 Permitting Programs, and includes features designed to minimize paperwork and unnecessary reviews. EPA requests comments on all aspects of the proposed rule. EPA must receive comments on or before March 21, 2016. (To submit comments, visit, reference Docket Number EPA–HQ–OW–2014–0622.)

PROPOSED RULE: In this document, the Commission adopted a Further Notice of Proposed Rulemaking (FNPRM), in which it sought comment on several proposals designed to revitalize the AM broadcast radio service, or to reduce burdens on AM broadcasters. The Commission further adopted a Notice of Inquiry (NOI), in which it sought comment on two proposals designed to revitalize the AM broadcast radio service. One of the proposals, regarding increased utilization of the AM expanded band, was suggested by several commenters in response to the NPRM in this proceeding, The second proposal, for relaxation of the Commission’s main studio rules for AM stations, was suggested by a commenter and supported by others. Comments may be filed on or before March 21, 2016 and reply comments may be filed on or before April 18, 2016. (To submit comments, visit, reference MB Docket No. 13–249.)

PROPOSED RULE: The Chattooga Wild and Scenic River is located in the Nantahala National Forest in North Carolina, the Sumter National Forest in South Carolina and the Chattahoochee National Forest in Georgia. Forest Service regulations generally prohibit floating activities on the Chattooga Wild and Scenic River unless authorized by a permit. On January 31, 2012, the U.S. Department of Agriculture (USDA), Forest Service issued decisions to change some of the locations where, and conditions under which, boating would be allowed. Consequently, the Forest Service proposes to amend the regulations to more accurately reflect the new management direction for the Chattooga Wild and Scenic River. Comments on this proposed rule must be received in writing by March 21, 2016. (To submit comments, visit, reference RIN 0596–AD24.)

PROPOSED RULE: This proposed rule would revise scale requirements for processing vessels that are required to weigh fish at sea, i.e. mothership and catcher/ processor vessels, and Shore-based Individual Fishery Quota Program (IFQ) first receivers. For motherships and catcher/processors that weigh fish at sea, the proposed action would require the use of updated scale technology, require enhanced daily scale testing for flow scales (also known as belt scales), and require the use of video to monitor the flow scale and the area around the flow scale. For Shore-based IFQ first receivers, the proposed action would add criteria for inseason flow scale tests. In addition, the action includes housekeeping changes that are intended to better align the regulations with defined terms, and to provide clarity and consistency between paragraphs. Action is needed to provide precise and accurate catch estimates and to reduce the likelihood that vessels will under report harvests. Comments on this proposed rule must be received by February 18, 2016. (To submit comments, visit, reference Docket Number  NOAA–NMFS–2015–0150.)


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