Skip to content

Federal Register Highlights – 11/7/16

Unpublished, time-sensitive and proposed rules for November 7, 2016:

PROPOSED RULE: The Agricultural Marketing Service (AMS) proposes to amend its regulations to better reflect the current needs of Quality Systems Verification Program (QSVP) activities and to implement changes created by the merger of the AMS Livestock and Seed Program and the AMS Poultry Programs. These proposed changes include amending the Livestock, Meat, and Other Agricultural Commodities QSVP to expand the commodities under the QSVP to include those authorized under the Agricultural Marketing Act of 1946 (hereafter referred to as “the Act”), remove reference to “Livestock, Meat, and Other Commodities” in the title, more clearly identify and define the types of programs and services offered under QSVP, and make other technical and administrative changes. Simultaneously, AMS proposes to make conforming changes to the regulations pertaining to the Voluntary Grading of Shell Eggs and Voluntary Grading of Poultry Products and Rabbit Products to remove references to audit activities. Comments must be received by January 6, 2017. (To submit comments, visit www.regulations.gov, reference Doc. # AMS–LPS–15–0057.)

PROPOSED RULE: The Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), the Federal Deposit Insurance Corporation (FDIC), the Farm Credit Administration (FCA), and the National Credit Union Administration (NCUA) are issuing a new proposal to amend their regulations regarding loans in areas having special flood hazards to implement the private flood insurance provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 (Biggert- Waters Act). Specifically, the proposed rule would require regulated lending institutions to accept policies that meet the statutory definition of private flood insurance in the Biggert-Waters Act and permit regulated lending institutions to accept flood insurance provided by private insurers that does not meet the statutory definition of “private flood insurance” on a discretionary basis, subject to certain restrictions. Comments must be received on or before January 6, 2017. (To submit comments, visit www.regulations.gov, reference Docket ID OCC–2016–0005.)

PROPOSED RULE: This notice of proposed rulemaking (NPRM) is the first of a sequence of six NPRM documents in this issue of the Federal Register that collectively establish for DoD grants and cooperative agreements an updated interim implementation of Governmentwide guidance on administrative requirements, cost principles, and audit requirements for Federal awards. This NPRM removes a part of the DoD Grant and Agreement Regulations (DoDGARs) and replaces it with a new DoDGARs part containing a revised interim implementation of the guidance and establishes seven subchapters within DoD’s chapter of the Grants and Agreements title of the Code of Federal Regulations. The purpose of this NPRM is to provide an organizing framework for the DoDGARs to make it easier for users of the regulations to locate the content that they need. To ensure that they can be considered in developing the final rule, comments must be received by February 6, 2017. (To submit comments, visit www.regulations.gov, reference Docket No. DOD–2016–OS–0048.)

PROPOSED RULE: This notice of proposed rulemaking (NPRM) is the second of a sequence of six NPRM documents in this issue of the Federal Register that collectively establish for DoD grants and cooperative agreements an updated interim implementation of Governmentwide guidance on administrative requirements, cost principles, and audit requirements for Federal awards and make other needed updates to the DoD Grant and Agreement Regulations (DoDGARs). This NPRM adds a new DoDGARs part to establish a standard format for organizing the content of DoD Components’ grant and cooperative agreement awards and modifications to them. To ensure that they can be considered in developing the final rule, comments must be received by February 6, 2017. (To submit comments, visit www.regulations.gov, reference Docket No. DOD–2016–OS–0052.)

PROPOSED RULE: This notice of proposed rulemaking (NPRM) is the third of a sequence of six NPRM documents in this section of this issue of the Federal Register that propose updates to the Department of Defense Grant and Agreement Regulations (DoDGARs). This NPRM proposes to add seven new DoDGARs parts to address the administrative requirements included in general terms and conditions of DoD cost-type grants and cooperative agreements awarded to institutions of higher education, nonprofit organizations, States, local governments, and Indian tribes. The administrative requirements are in areas such as financial and program management; property administration; recipient procurement procedures; financial, programmatic, and property reporting; and subawards. The proposed new parts establish a uniform way for approximately 100 DoD Component awarding offices to organize the administrative requirements in their general terms and conditions. The proposed new parts also provide standard wording of terms and conditions for the administrative requirements, with associated regulatory prescriptions for DoD Components to provide latitude to vary from the standard wording where variation is appropriate. To ensure that they can be considered in developing the final rule, comments must be received by February 6, 2017. (To submit comments, visit www.regulations.gov, reference Docket No. DOD–2016–OS–0054.)

PROPOSED RULE: This notice of proposed rulemaking (NPRM) is the fourth of a sequence of six NPRM documents in this issue of the Federal Register. This NPRM proposes to add a new Department of Defense Grant and Agreement Regulations (DoDGARs) part to establish a consistent way for DoD Components to organize the portion of their general terms and conditions covering national policy requirements in areas such as nondiscrimination, environmental protection, and live organisms. The new part also provides standard wording of terms and conditions for national policy requirements that apply generally to DoD programs and awards. To ensure that they can be considered in developing the final rule, comments must be received by February 6, 2017. (To submit comments, visit www.regulations.gov, reference Docket No. DOD–2016–OS–0053.)

PROPOSED RULE: This Notice of Proposed Rulemaking (NPRM) is the fifth of a sequence of six NPRMs in this section of this issue of the Federal Register that propose updates to the DoD Grant and Agreement Regulations (DoDGARs). In this NPRM, DoD is proposing definitions of terms that are common to most portions of those regulations, as well as a central location for the definitions. To ensure that they can be considered in developing the final rule, comments must be received by February 6, 2017. (To submit comments, visit www.regulations.gov, reference Docket No. DOD–2016–OS–0051.)

PROPOSED RULE: This notice of proposed rulemaking (NPRM) is the last in a sequence of six NPRM documents in this Federal Register that collectively establishes for DoD grants and cooperative agreements an updated interim implementation of Governmentwide guidance on administrative requirements, cost principles, and audit requirements for Federal awards and make other needed updates to the DoD Grant and Agreement Regulations (DoDGARs). This NPRM removes two existing DoDGARs parts and revises four others in order to conform them with the 11 parts of the DoDGARs proposed in the NPRMs preceding this one in this section of this Federal Register. To ensure that they can be considered in developing the final rule, comments must be received by February 6, 2017. (To submit comments, visit www.regulations.gov, reference Docket No. DOD–2016–OS–0055.)

PROPOSED RULE: The National Institute of Standards and Technology (NIST) requests comments on proposed revisions to regulations. The proposed revisions make technical corrections, update certain sections to conform with changes in the patent laws, clarify the role of provisional patent application filing, create a new Determination of Exceptional Circumstances, increase the role of Funding Agencies in the Bayh-Dole process, address subject inventions as to which a Federal laboratory employee is a co-inventor, and streamline the licensing application process for some Federal laboratory collaborators. NIST will hold a public meeting and simultaneous webinar regarding the proposed changes on November 21, 2016. Comments must be received no later than December 9, 2016. (To submit comments, visit www.regulations.gov, reference Docket No.: 160311229–6229–01.)

Federal Register Highlights – 11/4/16

Unpublished, time-sensitive and proposed rules for November 4, 2016:

PROPOSED RULE: This proposed rule would update fire safety standards for Medicare and Medicaid participating ESRD facilities, adopt the 2012 edition of the Life Safety Code and eliminate references in our regulations to all earlier editions of the Life Safety Code and adopt the 2012 edition of the Health Care Facilities Code, with some exceptions. To be assured consideration, comments must be received no later than 5 p.m. on January 3, 2017. (To submit comments, visit www.regulations.gov, reference file code CMS–3334–P.)

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the State Route 22 Bridge (Madisonville (SR22) swing span bridge) across the Tchefuncta River, mile 2.5, at Madisonville, St. Tammany Parish, Louisiana. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This deviation will allow the bridge to only open for vessels on the hour during the day and to not open for vessels during the weekday peak traffic hours. This deviation is effective from 6 a.m. on November 21, 2016 through midnight on May 18, 2017.

PROPOSED RULE: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to ensure that substantial future independent research and development expenses, as a means to reduce evaluated bid prices in competitive source selections, are evaluated in a uniform way during competitive source selections. Comments on the proposed rule should be submitted in writing on or before January 3, 2017, to be considered in the formation of a final rule. (To submit comments, visit www.regulations.gov, reference DFARS Case 2016–D017.)

PROPOSED RULE: DoD is issuing a proposed rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2016 related to costs associated with indirect offsets under foreign military sales agreements. Comments on the proposed rule should be submitted in writing on or before January 3, 2017, to be considered in the formation of a final rule. (To submit comments, visit www.regulations.gov, reference DFARS Case 2015–D028.)

PROPOSED RULE: On July 1, 2016, the U.S. Department of Energy (DOE) published a final rule adopting a test procedure for integrated light-emitting diode (LED) lamps (hereafter referred to as “LED lamps”) to support the implementation of labeling provisions by the Federal Trade Commission, as well as the ongoing general service lamps rulemaking, which includes LED lamps. This notice of proposed rulemaking (NOPR) proposes to amend the LED lamps test procedure by allowing for time to failure measurements to be taken at elevated temperatures. DOE will accept comments, data, and information regarding this NOPR no later than December 5, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. EERE–2016–BT–TP–0037.)

RULE: We are adopting a new airworthiness directive (AD) for all Pilatus Aircraft Ltd. Models PC–6, PC– 6–H1, PC–6–H2, PC–6/350, PC–6/350– H1, PC–6/350–H2, PC–6/A, PC–6/A–H1, PC–6/A–H2, PC–6/B–H2, PC–6/B1–H2, PC–6/B2–H2, PC–6/B2–H4, PC–6/C–H2, and PC–6/C1–H2 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as wear and cracks on the stabilizer-trim attachment and structural components. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective November 4, 2016.

RULE: We are superseding Airworthiness Directive (AD) 2012–24– 06 for certain Saab AB, Saab Aeronautics Model 340A (SAAB/ SF340A) and SAAB 340B airplanes. AD 2012–24–06 required replacing the stall warning computer (SWC) with a new SWC that provides an artificial stall warning in icing conditions, and modifying the airplane for the replacement of the SWC. This new AD adds airplanes to the applicability, and adds requirements to replace the existing SWCs with new, improved SWCs, and to modify the airplane for the new replacement of the SWC. This new AD also reduces the compliance time for replacing the SWCs. This AD was prompted by a determination that airplanes with certain modifications were excluded from the applicability in AD 2012–24–06, and are affected by the identified unsafe condition; and that the SWC required by AD 2012–24–06 contained erroneous logic. We are issuing this AD to prevent natural stall events during operation in icing conditions, which could result in loss of control of the airplane. This AD is effective December 9, 2016.

RULE: We are superseding Airworthiness Directive (AD) 2006–20– 11 for certain The Boeing Company Model 757–200, –200CB, and –200PF series airplanes. AD 2006–20–11 required initial and repetitive detailed or high frequency eddy current (HFEC) inspections for cracks around the rivets at the upper fastener row of the skin lap splice of the fuselage, and repair of any crack found. This new AD no longer allows the detailed inspections and instead requires repetitive external HFEC inspections for cracking of the skin lap splices of the fuselage, and repair if necessary. This AD was prompted by an evaluation done by the design approval holder (DAH) indicating that the fuselage skin lap splice is subject to widespread fatigue damage (WFD). We are issuing this AD to detect and correct fatigue cracking at certain skin lap splice locations of the fuselage, which could result in reduced structural integrity and rapid decompression of the airplane. This AD is effective December 9, 2016.

RULE: We are adopting a new airworthiness directive (AD) for all The Boeing Company Model MD–90–30 airplanes. This AD requires a detailed inspection of the forward and aft surfaces on the left and right sides at the cant station 1520 bulkhead for any crack in the upper cap and (cap) doubler, webs and doublers, stiffeners, and the lower tee cap between longerons 3 through 11, and repairs if necessary. This AD was prompted by a report of cracking in various structures in the fuselage cant station 1520 bulkhead. We are issuing this AD to detect and correct cracking in the bulkhead, which could result in reduced structural integrity of the airplane. This AD is effective November 21, 2016.

TEMPORARY RULE: NMFS closes the coastwide General category fishery for large medium and giant Atlantic bluefin tuna (BFT) for 2016. This action is being taken to prevent any further overharvest of the available adjusted General category quota of 676.7 metric tons (mt). Effective 11:30 p.m., local time, November 4, 2016, through December 31, 2016.

TEMPORARY RULE: NMFS is exchanging unused flathead sole and rock sole Amendment 80 allocations of the total allowable catch for yellowfin sole Amendment 80 acceptable biological catch (ABC) reserves. This action is necessary to allow the 2016 total allowable catch of flathead sole, rock sole, and yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested. Effective November 4, 2016, through December 31, 2016.

Federal Register Highlights – 11/3/16

Unpublished, time-sensitive and proposed rules for November 3, 2016:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Spuyten Duyvil Bridge across the Harlem River, mile 7.9, New York City, New York. This deviation is necessary to allow the bridge owner to perform a test of the submarine cables at the bridge. This deviation is effective from 10 p.m. on December 9, 2016 to 7 a.m. on December 11, 2016.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Canadian National (CN) Railroad automated bascule span drawbridge across Pass Manchac, mile 6.7 at Manchac, between St. John and Tangipahoa Parishes, Louisiana. The deviation is necessary to accommodate bridge repair work essential for the continued operation of the bridge. This deviation allows the bridge to remain closed-to-navigation for eight hours on three consecutive days, allowing vessels to pass with a one-hour advance notice. This deviation is effective from November 15, 2016 through November 17, 2016 from 5 a.m. through 2 p.m.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone for all waters of the Arkansas River beginning at mile marker 118.6 and ending at mile marker 119.6. The safety zone is necessary to protect persons, property, and infrastructure from potential damage and safety hazards associated with the demolition of the Broadway Bridge. This rulemaking prohibits persons and vessels from entering the safety zone area during certain operations unless authorized by the Captain of the Port Memphis or a designated representative. This rule is effective without actual notice from November 3, 2016 until 10 p.m. on December 1, 2016.

TEMPORARY RULE: NMFS is reallocating the projected unused amount of Pacific cod from catcher vessels using trawl gear and American Fisheries Act (AFA) trawl catcher processors (C/Ps) to catcher vessels less than 60 feet (18.3 meters (m)) LOA using hook-and-line or pot gear, C/Ps using hook-and-line gear, and Amendment 80 (A80) C/Ps in the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to allow the 2016 total allowable catch (TAC) of Pacific cod to be harvested. Effective upon November 2, 2016 through 2400 hours, Alaska local time (A.l.t.), December 31, 2016.

Federal Register Highlights – 11/2/16

Unpublished, time-sensitive and proposed rules for November 2, 2016:

PROPOSED RULE: This rulemaking establishes implementation guidelines for DS Logon to provide a secure means of authentication to applications containing personally identifiable information (PII) and personal health information (PHI). This will allow beneficiaries and other individuals with a continuing affiliation with DoD to update pay or health-care information in a secure environment. This service can be accessed by active duty, National Guard and Reserve, and Commissioned Corps members of the uniformed services when separating from active duty or from the uniformed service. Comments must be received by January 3, 2017. (To submit comments, visit www.regulations.gov, reference Docket ID: DOD–2015–OS–0054.)

PROPOSED RULE: The Federal Election Commission requests comment on proposed changes to its regulations to address contributions and expenditures that are made by electronic means, such as through internet-based payment processors or text messaging; to eliminate and update references to outdated technologies; and to address similar issues. The Commission has not made any final decisions about the issues and proposals presented in this rulemaking. Comments must be received on or before December 2, 2016. (All comments must be in writing. Commenters are encouraged to submit comments electronically via the Commission’s Web site at http://www.fec.gov/fosers, reference REG 2013–01, or by email to techmod@fec.gov.)

 

Federal Register Highlights – 11/1/16

Unpublished, time-sensitive, and proposed rules for November 1, 2016:

PROPOSED RULE: The Environmental Protection Agency (EPA or the Agency) is proposing to issue amendments to the Non-Hazardous Secondary Materials rule, initially promulgated on March 21, 2011, and amended on February 7, 2013 and February 8, 2016, under the Resource Conservation and Recovery Act. The Non-Hazardous Secondary Materials rule generally established standards and procedures for identifying whether non-hazardous secondary materials are solid wastes when used as fuels or ingredients in combustion units. In the February 7, 2013 amendments, the EPA listed particular non-hazardous secondary materials as “categorical non-waste fuels” provided certain conditions are met. Persons burning these non- hazardous secondary materials do not need to evaluate them under the general self-implementing case-by-case standards and procedures that would otherwise apply to non-hazardous secondary materials used in combustion units. The February 8, 2016 amendments added three materials including creosote treated railroad ties to the list of categorical non-waste fuels. This action proposes to add other treated railroad ties to the list, which are processed creosote-borate, copper naphthenate and copper naphthenate- borate treated railroad ties, under certain conditions depending on the chemical treatment. Comments must be received on or before January 3, 2017. (To submit comments, visit www.regulations.gov, reference Docket No. EPA–HQ–OLEM–2016–0248)

RULE: We are superseding airworthiness directive (AD) 2013–02– 06 for all Engine Alliance (EA) GP7270 and GP7277 turbofan engines with certain part number (P/N) high-pressure turbine (HPT) stage 2 nozzle segments installed. AD 2013–02–06 required initial and repetitive borescope inspections (BSI) and removal from service of these nozzles before further flight if one or more burn holes were detected in any HPT stage 2 nozzle segment. AD 2013–02–06 also required removal from service of these HPT stage 2 nozzle segments at the next engine shop visit. This AD requires the same inspections as AD–2013–02–06, requires removal of affected HPT stage 2 nozzles at next piece-part exposure, and adds certain P/Ns to the applicability. This AD was prompted by another report of inadequate cooling of the HPT stage 1 shroud and stage 2 nozzle, leading to damage to the HPT stage 2 nozzle, burn- through of the turbine case, and in-flight shutdown. We are issuing this AD to prevent HPT stage 2 nozzle failure, uncontrolled fire, in-flight shutdown, and damage to the airplane. This AD is effective November 16, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain Pratt & Whitney (PW) PW4164, PW4164–1D, PW4168, PW4168–1D, PW4168A, PW4168A–1D, and PW4170 turbofan engines. This AD was prompted by several instances of fuel leaks on PW engines installed with the Talon IIB combustion chamber configuration. This AD requires initial and repetitive inspections of the affected fuel nozzles and their replacement with parts eligible for installation. We are issuing this AD to prevent failure of the fuel nozzles, which could lead to engine fire and damage to the airplane. This AD is effective December 6, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain Turbomeca S.A. Arriel 1, 1A, 1A1, 1A2, 1B, 1B2, 1C, 1C1, 1C2, 1D, 1D1, 1E, 1E2, 1K1, 1S, and 1S1 turboshaft engines. This AD requires removing the centrifugal impeller and replacing with a part eligible for installation. This AD was prompted by an anomaly that occurred during the grinding operation required by modification TU376, which increases the clearance between the rear curvic coupling of the centrifugal impeller and the fuel injection manifold. We are issuing this AD to prevent failure of the centrifugal impeller, uncontained centrifugal impeller release, damage to the engine, and damage to the helicopter. This AD becomes effective December 6, 2016.

PROPOSED RULE: In this notice of proposed rulemaking (“NPR” or “Proposed Rule”), the Federal Deposit Insurance Corporation (“FDIC”) proposes to rescind and remove a part from the Code of Federal Regulations entitled “Security Procedures” and to amend FDIC regulations to make the removed Office of Thrift Supervision (“OTS”) regulations applicable to state savings associations. Comments must be received on or before January 3, 2017. (To submit comments, visit www.regulations.gov, reference RIN 3064–AE47.)

TEMPORARY RULE: NMFS is exchanging unused flathead sole and rock sole Community Development Quota (CDQ) for yellowfin sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2016 total allowable catch of yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested. Effective November 1, 2016 through December 31, 2016.

Federal Register Highlights – 10/31/16

Unpublished, time-sensitive and proposed rules for October 31, 2016:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Pulaski Bridge across the Newtown Creek, mile 0.6, between Brooklyn and Queens, New York. This deviation is necessary to allow the bridge owner to perform span locks adjustment at the bridge. This deviation is effective from 12:01 a.m. on November 8, 2016 to 5 a.m. on December 2, 2016.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs three drawbridges crossing the Upper Mississippi River in Iowa: The Illinois Central Railroad Drawbridge, mile 579.9, Dubuque, IA; the Sabula Railroad Drawbridge, mile 535.0, Sabula, IA; and the Clinton Railroad Drawbridge, mile 518.0, Clinton, IA. The deviation is necessary to allow the bridge owners time to perform preventive maintenance that is essential to the continued safe operation of the drawbridges and allows for a seasonal deviation issued for these bridges each year. Maintenance is scheduled in the winter, when there is less impact on navigation due to less traffic. This deviation allows the bridges to open on signal if at least 24 hours’ advance notice is given. This deviation is effective from 5 p.m., December 13, 2016 until 9 a.m., March 2, 2017.

PROPOSED RULE: This rulemaking establishes policy, assigns responsibilities, and prescribes procedures for the dissemination and withholding of certain unclassified technical data and technology subject to the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). It applies to DoD components, their contractors and grantees and is meant to control the transfer of technical data and technology contributing to the military potential of any country or countries, groups, or individuals that could prove detrimental to U.S, national security or critical interests. Comments must be received by December 30, 2016. (To submit comments, visit www.regulations.gov, reference Docket ID: DOD–2015–OS–0126.)

TEMPORARY RULE: NMFS is opening directed fishing for groundfish by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary to fully use the 2016 groundfish total allowable catch in the GOA. Effective 1200 hours, Alaska local time (A.l.t.), October 28, 2016, through 2400 hours, A.l.t., December 31, 2016.

Federal Register Highlights – 10/28/16

Unpublished, time-sensitive and proposed rules for October 28, 2016:

PROPOSED RULE: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the 202,476-acre “Petaluma Gap” viticultural area in portions of Sonoma and Marin Counties in California. TTB also proposes to expand the boundary of the existing 3 million- acre North Coast viticultural area by 28,077 acres in order to include the entire proposed Petaluma Gap viticultural area within it. The proposed Petaluma Gap viticultural area would also partially extend outside of the established Sonoma Coast viticultural area, but TTB is not proposing to modify the boundary of the Sonoma Coast 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 these proposals. TTB must receive your comments on or before December 27, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. TTB–2016–0009.)

PROPOSED RULE: In this document the Media Bureau of the Federal Communications Commission (Commission) seeks comment on updates to the catalog of eligible reimbursement expenses (Catalog) which contains costs for equipment and services that broadcasters and multichannel-video- programming-distributors (MVPDs) may incur as a result of the post-incentive auction repack and channel reassignment. In order to disburse money from the $1.75 billion TV Broadcaster Relocation Fund in accordance with the Spectrum Act and the Incentive Auction Report and Order, the Media Bureau seeks comment on changes to the Catalog, which include: Increases to the baseline costs previously proposed, the addition of new categories of reimbursement expenses, and the removal of other categories of expenses due to discontinuance or technological advancements. The Media Bureau also seeks comment on a proposed economic methodology for adjusting the baseline costs listed in the Catalog annually throughout the three-year reimbursement period. Comments are due on November 14, 2016. Reply Comments are due on November 29, 2016. (To submit comments, visit www.regulations.gov, reference GN Docket No. 12–268.)

PROPOSED RULE: The Food and Drug Administration (FDA or we) is proposing to amend our 2012 document entitled “New Animal Drugs; Updating Tolerances for Residues of New Animal Drugs in Food.” The document proposed to revise the animal drug regulations regarding tolerances for residues of approved and conditionally approved new animal drugs in food by standardizing, simplifying, and clarifying the determination standards and codification style. We also proposed to add definitions for key terms. We are taking this action to more clearly explain our current thinking about certain provisions of the 2012 document based on comments from stakeholders, and to more accurately reflect the rationale FDA relied on in the past to approve certain new animal drugs without a tolerance. We are reopening the comment period only with respect to the specific issues identified in this supplemental proposed rule. Submit either electronic or written comments on this proposed rule by December 27, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FDA–2012–N–1067.)

PROPOSED RULE: This proposed rule would revise HUD’s regulations governing floodplain management to require, as part of the decision making process established to ensure compliance with Executive orders on Floodplain Management and Federal Flood Risk Management, that a HUD assisted or financed (including mortgage insurance) project involving new construction or substantial improvement that is situated in an area subject to floods be elevated or floodproofed between 2 and 3 feet above the base flood elevation as determined by best available information. The proposed rule would also revise HUD’s Minimum Property Standards for one-to-four unit housing under HUD mortgage insurance and low-rent public housing programs. Building to the proposed standards will, consistent with the Executive orders, increase resiliency to flooding, reduce the risk of flood loss, minimize the impact of floods on human safety, health, and welfare, and promote sound, sustainable, long-term planning informed by a more accurate evaluation of flood risk that takes into account possible sea level rise and increased development associated with population growth. This document also proposes to revise a categorical exclusion available when HUD performs the environmental review under the National Environmental Policy Act (NEPA) and related Federal laws by making it consistent with changes to a similar categorical exclusion that is available to HUD grantees or other responsible entities when they perform these environmental reviews. This change will make the review standard identical regardless of whether HUD or a grantee is performing the review. Comment Due Date: December 27, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FR–5717–P–01.)

PROPOSED RULE: The Legal Services Corporation (LSC or Corporation) is issuing this notice of proposed rulemaking to request comment on the Corporation’s proposed revisions to its Definitions and Cost Standards and Procedures rules and the creation of a new part from LSC’s Property Acquisition and Management Manual (PAMM). Comments must be submitted by December 27, 2016. (Submit written comments via e-mail to: lscrulemaking@lsc.gov. Include “Parts 1630/1631 Rulemaking” in the subject line.)

PROPOSED RULE: This proposed rule would establish the 2017–2018 harvest specifications and management measures for groundfish taken in the U.S. exclusive economic zone off the coasts of Washington, Oregon, and California, consistent with the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the Pacific Coast Groundfish Fishery Management Plan (PCGFMP). This proposed rule would also revise the management measures that are intended to keep the total catch of each groundfish species or species complex within the harvest specifications. This action also includes regulations to implement Amendment 27 to the PCGFMP, which adds deacon rockfish to the PCGFMP, reclassifies big skate as an actively managed stock, add a new inseason management process for commercial and recreational in California, and makes several clarifications. Comments must be received no later than November 28, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. NOAA–NMFS–2016–0094.)

PROPOSED RULE: The United States Patent and Trademark Office (Office or PTO) is proposing revisions to the materiality standard for the duty to disclose information in patent applications and reexamination proceedings (duty of disclosure) in light of a 2011 decision by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit). The Office previously issued a notice of proposed rulemaking on July 21, 2011, and due to the passage of time since the comment period closed in 2011, the Office considers it appropriate to seek additional comments from our stakeholders before issuing a final rulemaking. In the current notice of proposed rulemaking, the Office is seeking public comments on the rules of practice, as revised in response to the comments received from our stakeholders. Comment Deadline Date: The Office is soliciting comments from the public on this proposed rule change. Written comments must be received on or before December 27, 2016 to ensure consideration. No public hearing will be held. (To submit comments, visit www.regulations.gov, reference Docket No. PTO–P–2011–0030.)

PROPOSED RULE: The United States Patent and Trademark Office (Office or USPTO) proposes to amend its rules regarding petitions to revive an abandoned application and petitions to the Director of the USPTO (Director) regarding other matters, and to codify USPTO practice regarding requests for reinstatement of abandoned applications and cancelled or expired registrations. The proposed changes will permit the USPTO to provide more detailed procedures regarding the deadlines and requirements for requesting revival, reinstatement, or other action by the Director. These rules will thereby ensure that the public has notice of the deadlines and requirements for making such requests, facilitate the efficient and consistent processing of such requests, and promote the integrity of application/registration information in the trademark electronic records system as an accurate reflection of the status of applications and registrations. Comments must be received by December 27, 2016 to ensure consideration. (To submit comments, visit www.regulations.gov, reference Docket No. PTO–T–2010–0016.)

Federal Register Highlights – 10/27/16

Unpublished, time-sensitive and proposed rules for October 27, 2016:

PROPOSED RULE: We are proposing to amend the fruits and vegetables regulations to allow the importation of Hass avocados from Colombia into the continental United States. As a condition of entry, Hass avocados from Colombia would have to be produced in accordance with a systems approach that would include requirements for importation in commercial consignments; registration and monitoring of places of production and packinghouses; pest-free places of production; grove sanitation, monitoring, and pest control practices; lot identification; and inspection for quarantine pests by the Colombian national plant protection organization. Additionally, avocados from Colombia would be required to be accompanied by a phytosanitary certificate with an additional declaration stating that the avocados have been produced in accordance with the proposed requirements. This action would allow for the importation of Hass avocados from Colombia into the continental United States while continuing to provide protection against the introduction of plant pests. We will consider all comments that we receive on or before December 27, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. APHIS–2016–0022.)

PROPOSED RULE: We are proposing to amend the regulations governing the importation of plants for planting to add orchid plants of the genus Dendrobium from Taiwan to the list of plants that may be imported into the United States in an approved growing medium, subject to specified growing, inspection, and certification requirements. We are taking this action in response to a request from the Taiwanese Government and after determining that the plants could be imported, under certain conditions, without resulting in the introduction into, or the dissemination within, the United States of a plant pest or noxious weed. We will consider all comments that we receive on or before December 27, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. APHIS–2016–0005.)

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento, CA. The deviation is necessary to allow the community to participate in the Run Because You Can 5K event. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period. This deviation is effective from 8 a.m. to 10:30 a.m. on November 6, 2016.

PROPOSED RULE: EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for three chemical substances which were the subject of premanufacture notices (PMNs). The applicable review periods for the PMNs submitted for these chemical substances all ended prior to June 22, 2016, the date on which President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act which amends TSCA). This action would require persons who intend to manufacture (defined by statute to include import) or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA’s evaluation of the intended use within the applicable review period. Manufacture and processing for the significant new use is unable to commence until EPA has conducted a review of the notice, made an appropriate determination on the notice, and take such actions as are required with that determination. Comments must be received on or before November 28, 2016. (To submit comments, visit www.regulations.gov, refence Docket No. EPA–HQ–OPPT–2015–0810.)

RULE: We are adopting a new airworthiness directive (AD) for Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB–BK 117 C–2 helicopters. This AD requires inspecting each terminal lug and replacing any lug that has discoloration, corrosion, incorrect crimping, or incorrect installation. This AD was prompted by the discovery that terminal lugs with incorrect crimping may have been installed on these helicopters. The actions of this AD are intended to detect incorrectly installed or crimped terminal lugs and prevent contact resistance and reduced gas-tightness between the wire and terminal lug, subsequent loss of electrical power, and an electrical fire. This AD is effective December 1, 2016.

RULE: We are adopting a new airworthiness directive (AD) for all Diamond Aircraft Industries GmbH Models DA 40 NG, DA 42 NG, and DA 42 M–NG airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracked autopilot bridle cable clamps. We are issuing this AD to correct the unsafe condition on these products This AD is effective November 16, 2016.

RULE: We are adopting a new airworthiness directive (AD) for Embraer S.A. Models EMB–500 and EMB–505 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as incorrect installation of passenger seat attachment fittings. We are issuing this AD to correct the unsafe condition on these products. This AD is effective December 1, 2016.

RULE: We are adopting a new airworthiness directive (AD) for Schempp-Hirth Flugzeugbau GmbH Models Discus–2a, Discus–2b, Discus– 2c, Discus 2cT, Ventus–2a, and Ventus–2b gliders. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition insufficient overlap of the airbrake panels. We are issuing this AD to correct the unsafe condition on these products. This AD is effective December 1, 2016.

PROPOSED RULE: The Federal Housing Finance Agency (FHFA or Agency) is issuing notice and providing an opportunity for the public to comment on proposed amendments to its regulations on minority and women inclusion. Those regulations, require the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac) (together, Enterprises), and the Federal Home Loan Banks (Banks or Bank System) (collectively, the regulated entities) and the Bank System’s Office of Finance to promote diversity and ensure the inclusion and utilization of minorities, women, and individuals with disabilities and minority-, women-, and disabled-owned businesses in all business and activities at all levels, including management, employment, and contracting. The proposed amendments would clarify the scope of the regulated entities’ obligation to promote diversity and ensure the inclusion and utilization of minorities, women, and individuals with disabilities in all business and activities; require each regulated entity to develop and adopt strategies for promoting diversity and ensuring the inclusion of minorities, women, and individuals with disabilities; and improve the usefulness and comparability of the information the regulated entities report to FHFA about their efforts to advance diversity and inclusion. Written comments must be received on or before December 27, 2016. (To submit comments, visit www.regulations.gov, reference RIN 2590–AA78.)

Federal Register Highlights – 10/26/16

Unpublished, time-sensitive and proposed rules for October 26, 2016:

RULE: We are superseding Airworthiness Directive (AD) 75–26–05 for Bell Helicopter Textron (Bell) Model 204B, 205A–1 and 212 helicopters. AD 75–26–05 required removing and visually inspecting each main rotor (M/R) blade and, depending on the inspection’s outcome, repairing or replacing the M/R blades. This new AD requires more frequent inspections of certain M/R blades and applies to Model 205A helicopters. This AD does not require that helicopter blades be removed to conduct the initial visual inspections. We are issuing this AD to detect a crack and prevent failure of an M/R blade and subsequent loss of helicopter control. This AD is effective November 30, 2016.

RULE: We are adopting a new airworthiness directive (AD) for all Bombardier, Inc. Model DHC–8–400 series airplanes. This AD was prompted by a revision by the manufacturer to the Certification Maintenance Requirements (CMR) of the Airworthiness Limitation Items (ALI), in the Maintenance Requirement Manual (MRM), that introduces a new CMR task that requires repetitive operational checks of the propeller overspeed governor. This AD requires revising the airplane maintenance or inspection program, as applicable, to incorporate a new CMR task. We are issuing this AD to prevent dormant failure of the propeller overspeed governor, which may lead to a loss of propeller overspeed protection and result in high propeller drag in flight. This AD is effective November 30, 2016.

PROPOSED RULE: This rule proposes to codify HUD’s policy regarding enhanced vouchers, a type of tenant-based voucher provided for under section 8 of the U.S. Housing Act of 1937 in the following four scenarios, which are prescribed and limited by statute: The prepayment of certain mortgages, the voluntary termination of the insurance contract for the mortgage, the termination or the expiration of a project-based section 8 rental assistance contract, and the transaction under which a project that receives or has received assistance under the Flexible Subsidy Program is preserved as affordable housing. Specifically, this rule would codify existing policy concerning the eligibility criteria for enhanced vouchers, as well as provide rental payment standards and subsidy standards applicable to enhanced vouchers, the right of enhanced voucher holders to remain in their units, procedures for addressing over-housed families, and the calculation of the enhanced voucher housing assistance payment. Comment Due Date: December 27, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FR–5585–P–01.)

TEMPORARY RULE: NMFS is prohibiting directed fishing for groundfish by vessels using trawl gear in the Gulf of Alaska (GOA), except for directed fishing for pollock by vessels using pelagic trawl gear in those portions of the GOA open to directed fishing for pollock. This closure also does not apply to fishing by vessels participating in the cooperative fishery in the Rockfish Program for the Central GOA. This action is necessary to prevent exceeding the 2016 Pacific halibut prohibited species catch limit specified for vessels using trawl gear in the GOA. Effective 1200 hrs, Alaska local time (A.l.t.), October 22, 2016, through 2400 hrs, A.l.t., December 31, 2016.

TEMPORARY RULE: NMFS announces its approval of two transfers of 2016 commercial bluefish quota from the States of New Hampshire and North Carolina to the State of New York. The approval of these transfers complies with the Atlantic Bluefish Fishery Management Plan quota transfer provision. This announcement also informs the public of the revised commercial quotas for New Hampshire, North Carolina, and New York. Effective October 25, 2016, through December 31, 2016.

PROPOSED RULE: This document proposes to amend the Department of Veterans Affairs (VA) Loan Guaranty Service (LGY) regulations to establish reasonable fees that VA may charge in connection with the origination and servicing of vendee loans made by VA. Fees proposed in this rulemaking are consistent with those charged in the private mortgage industry, and such fees would help VA to ensure the sustainability of this vendee loan program. The loans that would be subject to the fees are not veterans’ benefits. This rule would also ensure that all direct and vendee loans made by the Secretary are safe harbor qualified mortgages. Comments must be received by VA on or before December 27, 2016. (To submit comments, visit www.regulations.gov, reference RIN 2900–AP32.)

Federal Register Highlights – 10/25/16

Unpublished, time-sensitive and proposed rules for October 25, 2016:

PROPOSED RULE: In this document, the Federal Communications Commission (Commission) proposes to adopt rules that prohibit certain practices some multichannel video programming distributors (MVPDs) use in their negotiations for carriage of video programming that may impede competition, diversity, and innovation in the video marketplace. Specifically, the document proposes to prohibit the inclusion of “unconditional” most favored nation (MFN) provisions and unreasonable alternative distribution method (ADM) provisions in program carriage agreements between MVPDs and independent video programming vendors. Comments are due on or before December 27, 2016; reply comments are due on or before January 23, 2017. (To submit comments, visit www.regulations.gov, reference MB Docket No. 16–41.)

PROPOSED RULE: This document withdraws a proposed regulation relating to the user fee for the special enrollment examination to become an enrolled agent. This document also proposes a new regulation to increase the user fee for the examination to recover the cost to the IRS of overseeing the administration of the examination. The withdrawal and proposal affect individuals taking the enrolled agent special enrollment examination. This document also contains a notice of public hearing on the new proposed regulation. Written or electronic comments must be received by December 27, 2016. (To submit comments, visit www.regulations.gov, reference IRS–REG–134122–15.)