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Federal Register Highlights – 5/5/16

May 6, 2016

Unpublished, time-sensitive and proposed rules for May 5, 2016:

PROPOSED RULE: In this document, the U.S. Department of Energy (DOE) proposes to prescribe new definitions, sampling provisions, and test procedures for compressors in a new subpart of DOE regulations. The proposed test procedure would provide instructions for determining the full-load package isentropic efficiency for certain fixed- speed compressors and the part-load package isentropic efficiency for certain variable-speed compressors based on test methods described in International Organization for Standardization (ISO) Standard 1217:2009, ‘‘Displacement compressors—Acceptance tests,’’ (ISO 1217:2009). This document also proposes certain modifications and additions to ISO 1217:2009 to increase the specificity of certain testing methods and improve the repeatability of tested and measured values. In this notice, DOE also announces a public meeting to discuss and receive comments on issues presented in this notice of proposed rulemaking. DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) before and after the public meeting, but no later than July 5, 2016. (To submit comments, visit, reference Docket No. EERE–2014–BT–TP–0054.)

PROPOSED RULE: Elsewhere in the Federal Register, the Federal Bureau of Investigation (FBI), a component of the Department of Justice (Department or DOJ), has published a notice of a modified Privacy Act system of records, “The Next Generation Identification (NGI) System,” JUSTICE/FBI–009. In this notice of proposed rulemaking, the FBI proposes to exempt this system from certain provisions of the Privacy Act in order to prevent interference with the FBI’s mission to detect, deter, and prosecute crimes and to protect the national security, which includes the use of criminal history record information and biometric identifiers. For the reasons provided below, the Department proposes to amend its Privacy Act regulations by establishing an exemption for records in this system from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). Public comment is invited. Comments must be received by June 6, 2016. (To submit comments, visit, reference CPCLO Order No. 003–2016.)

PROPOSED RULE: The U.S. Office of Special Counsel (OSC) seeks public comment on a proposed rule that would update and clarify the procedures for submitting Freedom of Information Act (FOIA) requests and appeals, and would modify the manner in which FOIA requests qualify for expedited processing at OSC. The proposed rule would describe additional methods for submitting FOIA requests and appeals. It would also promote efficiency in FOIA administration by enhancing OSC’s ability to respond to certain requests on an expedited basis. The proposed rule makes minor technical revisions to the name of an OSC unit and to OSC’s Internet and physical address information. OSC also seeks public comment on a proposed rule that would establish procedures that requesters must follow when making demands on or requests to an OSC employee to produce official records or provide testimony relating to official information in connection with a legal proceeding in which the OSC is not a party. The proposed rule would also establish procedures to respond to such demands and requests in an orderly and consistent manner. The proposed rule will promote uniformity in decisions, protect confidential information, provide guidance to requesters, and reduce the potential for both inappropriate disclosures of official information and wasteful allocation of agency resources. Written or electronic comments must be received on or before July 5, 2016. (To submit comments, visit, reference “FOIA/Touhy Regulation”.)

PROPOSED RULE: We propose to implement provisions of the NICS Improvement Amendments Act of 2007 (NIAA) that require Federal agencies to provide relevant records to the Attorney General for inclusion in the National Instant Criminal Background Check System (NICS). Under the proposed rule, we would identify, on a prospective basis, individuals who receive Disability Insurance benefits under title II of the Social Security Act (Act) or Supplemental Security Income (SSI) payments under title XVI of the Act and also meet certain other criteria, including an award of benefits based on a finding that the individual’s mental impairment meets or medically equals the requirements of section 12.00 of the Listing of Impairments (Listings) and receipt of benefits through a representative payee. We propose to provide pertinent information about these individuals to the Attorney General on not less than a quarterly basis. As required by the NIAA, at the commencement of the adjudication process we would also notify individuals, both orally and in writing, of their possible Federal prohibition on possessing or receiving firearms, the consequences of such inclusion, the criminal penalties for violating the Gun Control Act, and the availability of relief from the prohibitions imposed by Federal law. Finally, we also propose to establish a program that permits individuals to request relief from the Federal firearms prohibitions based on our adjudication. The proposed rule would allow us to fulfill responsibilities that we have under the NIAA. To ensure that your comments are considered, we must receive them no later than July 5, 2016. (To submit comments, visit, reference Docket No. SSA–2016–0011.)

PROPOSED RULE: Through this Supplemental Notice of Proposed Rulemaking (SNPR), the Board is proposing to establish new regulations requiring all Class I railroads and the Chicago Transportation Coordination Office (CTCO), through its Class I members, to report certain service performance metrics on a weekly basis. Comments are due by May 31, 2016. Reply comments are due by June 28, 2016. (To submit comments, visit, reference Docket No. EP 724 (Sub-No. 4).)


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