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Federal Register Highlights – 9/20/16

September 20, 2016

Unpublished, time-sensitive and proposed rules for September 20, 2016:

PROPOSED RULE: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to expand the approximately 2.25 million-acre “Outer Coastal Plain” viticultural area in southeastern New Jersey by approximately 32,932 acres. The established Outer Coastal Plain viticultural area and the proposed expansion area do not lie within any other viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on this proposed addition to its regulations. Comments must be received by November 21, 2016. (To submit comments, visit, reference Docket No. TTB–2016–0008.)

PROPOSED RULE: This proposed rule would amend the regulation governing State Medicaid Fraud Control Units (MFCUs or Units). The proposed rule would incorporate statutory changes affecting the MFCUs as well as policy and practice changes that have occurred since the regulation was initially issued in 1978. These changes include a codification of OIG’s delegated authority, MFCU authority, functions, and responsibilities; disallowances; and issues related to organization, prosecutorial authority, staffing, recertification, and the MFCUs’ relationship with Medicaid agencies. To ensure consideration, comments must be delivered no later than 5 p.m. Eastern Standard Time on November 21, 2016. (To submit comments, visit, reference file code OIG–406–P.)

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs three Multnomah County, Oregon bridges: the Broadway Bridge; the Burnside Bridge; and the Hawthorne Bridge; all crossing the Willamette River at Portland, OR. The deviation is necessary to accommodate the Portland Marathon foot race event. This deviation allows the bridges to remain in the closed-to-navigation position to allow for the safe movement of event participants. This deviation is effective from 5 a.m. to 3 p.m. on October 9, 2016.

PROPOSED RULE: The Coast Guard is temporarily changing the enforcement date of the special local regulation for the annual International Jet Sports Boating Association event held on the navigable waters of the Colorado River near Lake Havasu City, Arizona. The change of enforcement date for the special local regulation is necessary to provide for the safety of life on navigable waters during the event. This action will restrict vessel traffic in the waters of the Colorado River near Lake Havasu, Arizona, from 6:30 a.m. to 6:30 p.m. from October 1, 2016, to October 9, 2016. We invite your comments on this proposed rulemaking. This rule is effective from October 1, 2016, through October 9, 2016. (To submit comments, visit, reference Docket No. USCG–2016–0733.)

PROPOSED RULE: The U.S. Department of Energy (DOE) proposes to establish new definitions, a new test procedure for dedicated-purpose pool pumps, new sampling and rating requirements, and new enforcement provisions for such equipment. Specifically, DOE proposes a test procedure for measuring the weighted energy factor (WEF) for certain varieties of dedicated-purpose pool pumps. The proposed test method incorporates by reference certain sections of the industry test standard Hydraulic Institute (HI) 40.6–2014, “Methods for Rotodynamic Pump Efficiency Testing.” The proposed definitions, test procedures, certification requirements, enforcement testing procedures, and labeling provisions are based on the recommendations of the dedicated-purpose pool pump (DPPP) Working Group, which was established under the Appliance Standards Rulemaking Federal Advisory Committee (ASRAC). DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) before and after the public meeting, but no later than November 21, 2016. (To submit comments, visit, reference Docket Number EERE–2016–BT–TP–0002.)

PROPOSED RULE: The Federal Housing Finance Agency (FHFA) is issuing a Notice of Proposed Rulemaking that would establish standards for identifying whether an indemnification payment by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, any of the Federal Home Loan Banks (regulated entities), or the Federal Home Loan Bank System’s Office of Finance (OF) to an entity-affiliated party in connection with an administrative proceeding or civil action instituted by FHFA is prohibited or permissible. This proposed rule would not apply to a regulated entity operating in conservatorship or receivership, or to a limited-life regulated entity. It would apply to all regulated entities, each Federal Home Loan Bank, the OF, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Association, when not in conservatorship or receivership. This proposed rule takes into account public comments received by FHFA at various stages of the regulation’s rulemaking process, including after the initial proposal published in 2009. Comments must be received on or before November 21, 2016. (To submit comments, visit, reference RIN 2590–AA68.)

PROPOSED RULE: We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the iiwi (Drepanis coccinea), a bird species from the Hawaiian Islands, as a threatened species under the Endangered Species Act (Act). After review of all best available scientific and commercial information, we find that listing the iiwi as a threatened species under the Act is warranted. Accordingly, we propose to list the iiwi as a threatened species throughout its range. If we finalize this rule as proposed, it would extend the Act’s protections to this species. The effect of this regulation will be to add this species to the Federal List of Endangered and Threatened Wildlife. We will accept comments received or postmarked on or before November 21, 2016. (To submit comments, visit, reference Docket No. FWS–R1–ES–2016–0057.)

PROPOSED RULE: This rulemaking would revise the regulations that the Department of the Interior (Department) follows in processing records under the Freedom of Information Act in part to comply with the FOIA Improvement Act of 2016. The revisions would clarify and update procedures for requesting information from the Department and procedures that the Department follows in responding to requests from the public. Comments on the rulemaking must be submitted on or before November 21, 2016. (To submit comments, visit, reference RIN 1093–AA21.)

PROPOSED RULE: The Pension Benefit Guaranty Corporation (PBGC) administers a program to hold retirement benefits for missing participants and beneficiaries in terminated retirement plans and to help those participants and beneficiaries find and receive the benefits being held for them. The program is currently limited to single-employer defined benefit pension plans covered by the pension insurance system under title IV of the Employee Retirement Income Security Act of 1974 (ERISA). PBGC proposes to make changes to its existing program and, as authorized by the Pension Protection Act of 2006, to establish similar programs for multiemployer plans covered by title IV, certain defined benefit plans that are not covered by title IV, and most defined contribution plans. PBGC seeks public comment on its proposal. Comments must be submitted on or before November 21, 2016. (To submit comments, visit, reference RIN 1212–AB13.)


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