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Federal Register Highlights – 9/29/16

October 4, 2016

Unpublished, time-sensitive and proposed rules for September 29, 2016:

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone in the navigable waters at Capitola Wharf in Capitola, CA in support of Monte Foundation Fireworks Extravaganza on October 9, 2016. This safety zone is established to ensure the safety of mariners and spectators from the dangers associated with the pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative. This rule is effective from 8:30 p.m. to 9 p.m. on October 9, 2016.

PROPOSED RULE: The Danny Keysar Child Product Safety Notification Act, section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), requires the United States Consumer Product Safety Commission (Commission or CPSC) to promulgate consumer product safety standards for durable infant or toddler products. These standards must be substantially the same as applicable voluntary standards or more stringent than the voluntary standard if the Commission determines that more stringent requirements would further reduce the risk of injury associated with a product. Pursuant to the direction under section 104(b) of the CPSIA, the Commission is proposing a safety standard for baby changing products. The proposed rule would incorporate by reference ASTM F2388–16, Standard Consumer Safety Specification for Baby Changing Tables for Domestic Use (ASTM F2388–16) into our regulations and impose more stringent requirements for structural integrity, restraint system integrity, and warnings on labels and in instructional literature. In addition, the Commission proposes to amend our regulations include the proposed safety standard for baby changing products in the list of notice of requirements (NORs) issued by the Commission. Submit comments by December 13, 2016. (To submit comments, visit, reference Docket No. CPSC–2016–0023.)

PROPOSED RULE: The Environmental Protection Agency (EPA) is proposing to amend the electronic reporting requirements for the National Emission Standards for Hazardous Air Pollutants: Coal- and Oil- Fired electric utility steam generating units (also known as the Mercury and Air Toxics Standards (MATS)). This proposed rule would revise and streamline the electronic data reporting requirements of MATS (both for owners or operators of electric utility steam generating units (EGUs) who use performance stack testing and EGU owners or operators who use continuous monitoring to demonstrate compliance) and would increase data transparency. EGU owners or operators would use one familiar electronic reporting system, instead of two separate systems, reducing their burden. In addition, the public and regulatory authorities would have enhanced access to MATS data. Finally, no new continuous monitoring requirements are proposed by this action. Overall, this proposed rule would serve to ease burden, increase MATS data flow and usage, make it easier for inspectors and auditors to assess compliance, and encourage wider use of continuous emissions monitoring systems (CEMS) for MATS compliance. Comments must be received on or before October 31, 2016. (To submit comments, visit, reference Docket No. EPA–HQ–OAR–2009–0234.)

RULE: We are adopting a new airworthiness directive (AD) for all Gulfstream Aerospace Corporation Model G–1159, G–1159A, G–1159B, and G–IV airplanes. This AD requires revision of the maintenance or inspection program to establish the life limit of all elevator assemblies and skins on affected airplanes. This AD was prompted by the need to establish life limits for certain elevator assemblies and skins. We are issuing this AD to prevent failure of the elevator assembly and consequent loss of control of the airplane. This AD is effective October 14, 2016.

PROPOSED RULE: This rulemaking proposes to harmonize the FAA’s regulations regarding the North Atlantic (NAT) Minimum Navigation Performance Specifications (MNPS) with those of the International Civil Aviation Organization (ICAO). ICAO’s NAT Region is transitioning from the decades-old MNPS navigation specification to a more modern, Performance-Based Navigation (PBN) specification. This proposed rule would also correct and update the incorporation by reference of ICAO Annex 2 in the FAA’s regulations. Send comments on or before October 31, 2016. (To submit comments, visit, reference Docket No.: FAA–2016–9154.)

PROPOSED RULE: The Food and Nutrition Service (FNS) is proposing changes to the Supplemental Nutrition Assistance Program (SNAP) issuance regulations in accordance with the Food, Conservation and Energy Act of 2008, Public Law 110–234 (“the 2008 Farm Bill”). The proposal would implement several provisions of the 2008 Farm Bill to: Clarify that monthly SNAP benefits must be issued in one lump sum; require SNAP accounts to be inactive for a minimum of 6 months before taking benefits off-line; require benefits taken off-line to be restored within 48 hours of the recipient’s request; and require permanent expungement of unused benefits after 12 months of account inactivity. This proposal also addresses the requirement to notify households when benefits are taken off-line. Finally, FNS is updating SNAP definitions in 7 CFR part 271, to reflect the Program’s new name and the issuance of benefits through Electronic Benefit Transfer (EBT) systems. Written comments must be received on or before November 28, 2016 to be assured of consideration. (To submit comments, visit, reference RIN 0584–AE02.)

TEMPORARY RULE: NMFS announces its approval of a transfer of a portion of the 2016 commercial bluefish quota from the State of North Carolina to the Commonwealth of Massachusetts. This approval of the transfer complies with the Atlantic Bluefish Fishery Management Plan quota transfer provision. This announcement also informs the public of the revised commercial quotas for North Carolina and Massachusetts. Effective September 28, 2016, through December 31, 2016.


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