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Federal Register Highlights – 11/10/16

December 5, 2016

EDITOR’S NOTE: Sorry I’ve been a little behind. Needed to catch up on some of the actual changes to the CFR documents posted elsewhere on this blog. Those are all up to date now and I’m going to focus on keeping them up to date, even if it does mean falling behind on these postings a bit. Editorial decision, nothing more. That having been said…

Unpublished, time-sensitive and proposed rules for November 10, 2016:

PROPOSED RULE: The Department of the Army proposes to revise its regulation concerning policies and procedures for the conduct of Army law enforcement operations and investigations. This regulation was last published in the Federal Register on June 22, 2005 (70 FR 36029). At that time, the entire regulation was codified. The proposed revisions remove a large portion of the currently codified part that does not apply to the public and is now included in DoD internal guidance. The proposed revision also adds guidance on the requirements for the detention of civilians by Army law enforcement to fill a void in published guidance. Consideration will be given to all comments received by: January 9, 2017. (To submit comments, visit www.regulations.gov, reference Docket No. USA–2016–HQ–0017.)

PROPOSED RULE: The Coast Guard proposes to modify the operating schedule that governs the CSX Railroad Bridge across the Rice Creek, mile 0.8, in Palatka, Putnam County, FL. This proposed rule would change the existing open on demand during the day and 24 hour advance notice for a bridge opening during the night, to 24 hour advance notice for an opening at all times. This proposal is being made due to the minimal drawbridge openings requested over the past several years. This modification would allow the bridge owner to leave the bridge unmanned other than when an opening is requested and it would have little to no effect on navigation. Comments and related material must reach the Coast Guard on or before January 9, 2017. (To submit comments, visit www.regulations.gov, reference Docket No. USCG–2016–0523.)

PROPOSED RULE: The Environmental Protection Agency (EPA) is proposing to withdraw the federal implementation plan (FIP) provisions that require affected electricity generating units (EGUs) in Texas to participate in Phase 2 of the Cross-State Air Pollution Rule (CSAPR) trading programs for annual emissions of sulfur dioxide (SO2) and nitrogen oxides (NOX). Withdrawal of the FIP requirements is intended to address a decision of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) remanding the CSAPR Phase 2 SO2 budget for Texas to the EPA for reconsideration. The EPA is also proposing to determine that, following withdrawal of the FIP requirements, sources in Texas will not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with regard to the 1997 national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5), and that the EPA therefore will have no obligation to issue new FIP requirements for Texas sources to address transported PM2.5 pollution under Clean Air Act (CAA) section 110(a)(2)(D)(i)(I) with regard to that NAAQS. Finally, the proposal includes a sensitivity analysis showing that the set of actions the EPA has taken or expects to take in response to the D.C. Circuit’s decision, including the removal of Texas EGUs from the two CSAPR trading programs as well as the recent removal of Florida EGUs from Phase 2 of the CSAPR trading programs for ozone-season NOX emissions, would not adversely impact the analytic demonstration for the Agency’s 2012 determination that CSAPR participation meets the Regional Haze Rule’s criteria to qualify as an alternative to the application of best available retrofit technology (BART). No changes to the Regional Haze Rule are proposed as part of this rulemaking. Comments must be received on or before December 12, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. EPA–HQ–OAR–2016–0598.)

RULE: We are superseding Airworthiness Directive (AD) 2010–04– 03 for all Airbus Model A310 series airplanes. AD 2010–04–03 required accomplishing repetitive detailed inspections for cracking around the fastener holes in certain wing top skin panels between the front and rear spars on the left- and right-hand sides of the fuselage, and repair if necessary. This new AD continues to require the repetitive detailed inspections, and also requires supplemental repetitive ultrasonic inspections for cracking around the fastener holes in wing top skin panels 1 and 2 at ribs 2 and 3, and repair if necessary. This AD was prompted by development of an ultrasonic inspection program to allow for earlier crack detection and extended repetitive inspection intervals. We are issuing this AD to detect and correct fatigue cracking around the fastener holes, which could result in reduced structural integrity of the airplane. This AD is effective December 15, 2016.

TEMPORARY RULE: NMFS implements accountability measures (AMs) for commercially harvested king mackerel in the Florida west coast northern subzone of the eastern zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary rule. NMFS has determined that the commercial quota for king mackerel in the eastern zone, Florida west coast northern subzone of the Gulf EEZ will be reached by November 10, 2016. Therefore, NMFS closes the Florida west coast northern subzone to commercial fishing for king mackerel on November 10, 2016, to protect the Gulf king mackerel resource. The closure is effective at noon, local time, November 10, 2016, until 12:01 a.m., local time, on October 1, 2017.

TEMPORARY RULE: This action closes the Witch Flounder Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels fishing with trawl gear for the remainder of Trimester 2, through December 31, 2016. The common pool fishery is projected to have caught 90 percent of its Trimester 2 quota for witch flounder. The closure is intended to prevent an overage of the common pool’s quota for this stock. This action is effective November 9, 2016, through December 31, 2016.

PROPOSED RULE: We are proposing amendments to the federal proxy rules to require the use of universal proxies in all non-exempt solicitations in connection with contested elections of directors other than those involving registered investment companies and business development companies. Our proposal would require the use of universal proxies that include the names of both registrant and dissident nominees and thus allow shareholders to vote by proxy in a manner that more closely resembles how they can vote in person at a shareholder meeting. We further propose amendments to the form of proxy and proxy statement disclosure requirements to specify clearly the applicable voting options and voting standards in all director elections. Comments should be received on or before January 9, 2017. (To submit comments. visit www.regulations.gov, reference File No. S7–24–16.)

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