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Federal Register Highlights – 4/29/16

Unpublished, time-sensitive and proposed rules for April 29, 2016:

PROPOSED RULE: The U.S. Department of Labor (DOL) is proposing to remove its regulations implementing the government-wide common rule on nonprocurement debarment and suspension, currently located in part 98 of title 29 of the Code of Federal Regulations (CFR), and adopting the Office of Management and Budget’s (OMB) guidance at title 2 of the CFR. This regulatory action implements the OMB’s initiative to streamline and consolidate into one title of the CFR all Federal regulations on nonprocurement debarment and suspension. These changes constitute an administrative simplification that would make no substantive change in DOL policy or procedures for nonprocurement debarment and suspension. Submit comments on the proposed rule by or before May 31, 2016. (To submit comments, visit www.regulations.gov, reference RIN 1291–AA38.)

TEMPORARY RULE: NMFS is prohibiting directed fishing for Greenland turbot in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2016 Greenland turbot initial total allowable catch (ITAC) in the Aleutian Islands subarea of the BSAI. Effective 1200 hrs, Alaska local time (A.l.t.), May 1, 2016, through 2400 hrs, A.l.t., December 31, 2016.

TEMPORARY RULE: NMFS is prohibiting retention of longnose skate in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2016 total allowable catch of longnose skate in the Western Regulatory Area of the GOA will be reached. Effective 1200 hours, Alaska local time (A.l.t.), April 26, 2016, through 2400 hours, A.l.t., December 31, 2016.

PROPOSED RULE: This SNPRM proposes to incorporate and allow the use of the 2015 edition of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, Section XII— Rules for Construction and Continued Service of Transport Tanks for the construction and continued service of cargo tank motor vehicles (CTMVs), cryogenic portable tanks, and multi-unit tank car tanks (“ton tanks”). The PHMSA also proposes to incorporate and authorize the use of the 2015 edition of the National Board of Boiler and Pressure Vessel Inspectors National Board Inspection Code, in our regulations as it applies to the continued service of CTMVs, cryogenic portable tanks, and ton tanks constructed to ASME Section XII standards, as well as for existing CTMVs constructed in accordance with the current hazardous materials regulations. If adopted, these amendments will allow for flexibility regarding selection of authorized packaging, in addition to qualification and maintenance for continued service of the packaging, without compromising safety. Submit comments by June 28, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. PHMSA–2010–0019 (HM–241).)

Federal Register Highlights – 4/28/16

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

PROPOSED RULE: This proposed rule would update the hospice wage index, payment rates, and cap amount for fiscal year (FY) 2017. In addition, this rule proposes changes to the hospice quality reporting program, including proposing new quality measures. The proposed rule also solicits feedback on an enhanced data collection instrument and describes plans to publicly display quality measures and other hospice data beginning in the middle of 2017. Finally, this proposed rule includes information regarding the Medicare Care Choices Model (MCCM). To be assured consideration, comments must be received no later than 5 p.m. on June 20, 2016. (To submit comments, visit www.regulations.gov, reference file code CMS–1652–P.)

TEMPORARY RULE: NMFS announces the 2016 recreational fishing seasons for the private angling and Federal charter vessel/headboat (for-hire) components for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through this temporary rule. The Federal recreational seasons for red snapper in the Gulf EEZ begin at 12:01 a.m., local time, on June 1, 2016. For recreational harvest by the private angling component, the season closes at 12:01 a.m., local time, on June 10, 2016. For recreational harvest by the Federal for-hire component, the season closes at 12:01 a.m., local time, on July 17, 2016. These closures are necessary to prevent the private angling and Federal for-hire components from exceeding their respective quotas (annual catch limits (ACLs)) for the fishing year and prevent overfishing of the Gulf red snapper resource. The closure is effective at 12:01 a.m., local time, June 10, 2016, until 12:01 a.m., local time, January 1, 2017, for the private angling component. The closure is effective at 12:01 a.m., local time, July 17, 2016, until 12:01 a.m., local time, January 1, 2017, for the Federal for-hire component. The 2017 Federal recreational fishing seasons for the respective components begin on June 1, 2017.

Federal Register Highlights – 4/27/16

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

PROPOSED RULE: We are proposing to revise the Medicare hospital inpatient prospective payment systems (IPPS) for operating and capital-related costs of acute care hospitals to implement changes arising from our continuing experience with these systems for FY 2017. Some of the proposed changes would implement certain statutory provisions contained in the Pathway for Sustainable Growth (SGR) Reform Act of 2013, the Improving Medicare Post-Acute Care Transformation Act of 2014, the Notice of Observation Treatment and Implications for Care Eligibility Act of 2015, and other legislation. We also are providing the estimated market basket update to apply to the rate-of-increase limits for certain hospitals excluded from the IPPS that are paid on a reasonable cost basis subject to these limits for FY 2017. We are proposing to update the payment policies and the annual payment rates for the Medicare prospective payment system (PPS) for inpatient hospital services provided by long-term care hospitals (LTCHs) for FY 2017. In addition, we are proposing to make changes relating to direct graduate medical education (GME) and indirect medical education (IME) payments to hospitals with rural track training programs. We are proposing to establish new requirements or revise requirements for quality reporting by specific providers (acute care hospitals, PPS-exempt cancer hospitals, LTCHs, and inpatient psychiatric facilities) that are participating in Medicare, including related provisions for eligible hospitals and critical care hospitals (CAHs) participating in the Electronic Health Record (EHR) Incentive Program. We are proposing to update policies relating to the Hospital Value-Based Purchasing (VBP) Program, the Hospital Readmissions Reduction Program, and the Hospital-Acquired Condition (HAC) Reduction Program. We also are proposing to: Implement statutory provisions that require hospitals and CAHs to furnish notification to Medicare beneficiaries, including Medicare Advantage enrollees, when the beneficiaries receive outpatient observation services for more than 24 hours; announce the implementation of the Frontier Community Health Integration Project Demonstration; and make technical corrections and changes to regulations relating to costs to organizations and Medicare cost reports. To be assured consideration, comments must be received no later than 5 p.m. EDT on June 17, 2016. (To submit comments, visit www.regulations.gov, reference file code CMS–1655–P.)

PROPOSED RULE: The Environmental Protection Agency (EPA) proposes to designate one dredged material disposal site, the Eastern Long Island Sound Disposal Site (ELDS) located offshore from New London, Connecticut, for the disposal of dredged material from harbors and navigation channels in eastern Long Island Sound in the states of Connecticut and New York. This action is necessary to provide a long-term, open-water dredged material disposal site as an alternative for the possible future disposal of such material. This disposal site designation is subject to various restrictions designed to support the goal of reducing or eliminating the disposal of dredged material in Long Island Sound. While EPA is currently proposing to designate the ELDS as its preferred alternative, EPA also has concluded, based on the analysis in the Draft Supplemental Environmental Impact Statement for the Designation of Dredged Material Disposal Site(s) in Eastern Long Island Sound, Connecticut and New York (DSEIS), that two other alternatives, the Niantic Bay and Cornfield Shoals disposal sites (NBDS and CSDS), or portions thereof, could potentially be designated in addition to, or instead of, the ELDS. EPA is not currently recommending the NBDS and CSDS as preferred alternatives, but is inviting public comments on the option of designating one or both of these sites instead of, or as a complement to, the ELDS. Comments must be received on or before June 27, 2016. (Submit written comments via email to: ELIS@epa.gov.)

RULE: We are adopting a new airworthiness directive (AD) for all General Electric Company (GE) CF6– 80C2A1, CF6–80C2A2, CF6–80C2A3, CF6–80C2A5, CF6–80C2A5F, CF6– 80C2A8, CF6–80C2B1, CF6–80C2B1F, CF6–80C2B1F1, CF6–80C2B1F2, CF6– 80C2B2, CF6–80C2B2F, CF6–80C2B3F, CF6–80C2B4, CF6–80C2B4F, CF6– 80C2B5F, CF6–80C2B6, CF6–80C2B6F, CF6–80C2B6FA, CF6–80C2B7F, CF6– 80C2B8F, CF6–80C2D1F, CF6–80C2L1F, CF6–80C2K1F and CF6–80E1A1, CF6– 80E1A2, CF6–80E1A3, CF6–80E1A4, and CF6–80E1A4/B turbofan engines. This AD was prompted by reports of a burn-through of the accessory heat shield during an engine fire, propagating the fire into the accessory compartment and igniting additional flammable fuel source. This AD requires replacing the accessory heat shield assembly. We are issuing this AD to prevent fires from propagating into the accessory compartment, resulting in an uncontrolled engine fire, and damage to the airplane. This AD is effective June 1, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain Pratt & Whitney Division (PW) PW4000–94 inch and PW4000–100 inch model turbofan engines. This AD was prompted by a report of a crack found in the high-pressure compressor (HPC) 10th stage disk. This AD requires performing an ultrasonic inspection (USI) or an eddy current inspection (ECI) of the HPC 10th stage disk. We are issuing this AD to prevent failure of the HPC 10th stage disk, uncontained disk release, damage to the engine, and damage to the airplane. This AD is effective June 1, 2016.

PROPOSED RULE: The Commission has before it a petition for rulemaking filed by Sunbelt-South TeleCommunications, Ltd. (Sunbelt), the licensee of WSST– TV, channel 51, Cordele, Georgia, requesting the substitution of channel 22 for channel 51 at Cordele. While the Commission instituted a freeze on the acceptance of full power television rulemaking petitions requesting channel substitutions in May 2011, it subsequently announced that it would lift the freeze to accept such petitions for rulemaking seeking to relocate from channel 51 pursuant to a voluntary relocation agreement with Lower 700 MHz A Block licensees. Sunbelt has entered into such a voluntary relocation agreement with T-Mobile USA, Inc. and states that operation on channel 22 would remove any potential interference with authorized wireless operations in the Lower 700 MHZ A Block adjacent to channel 51. Comments must be filed on or before May 27, 2016, and reply comments on or before June 13, 2016. (Submit written comments to: Federal Communications Commission, Office of the Secretary, 445 12th Street SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for petitioner as follows: Scott C. Cinnamon, Esq., Law Offices of Scott C. Cinnamon, PLLC, 1250 Connecticut Avenue NW., Suite 200, #144, Washington, DC 20036.)

PROPOSED RULE: The Commission has before it a petition for rulemaking filed by America 51, L.P. (America 51), the licensee of KPPX–TV, channel 51, Tolleson, Arizona, requesting the substitution of channel 31 for channel 51 at Tolleson. While the Commission instituted a freeze on the acceptance of full power television rulemaking petitions requesting channel substitutions in May 2011, it subsequently announced that it would lift the freeze to accept such petitions for rulemaking seeking to relocate from channel 51 pursuant to a voluntary relocation agreement with Lower 700 MHz A Block licensees. America 51 has entered into such a voluntary relocation agreement with T-Mobile and states that operation on channel 31 would remove any potential interference with authorized wireless operations in the Lower 700 MHZ A Block adjacent to channel 51 in the Phoenix, Arizona market, permitting those operations to expand to additional consumers sooner than would otherwise be possible. Comments must be filed on or before May 27, 2016, and reply comments on or before June 13, 2016. (To submit comments, visit www.regulations.gov, reference MB Docket No. 16–93.)

PROPOSED RULE: NASA is proposing to amend the NASA regulation, titled Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to modify the requirements related to information contained in a Federal award for commercial firms with no cost sharing requirement and to add new or modify existing terms and conditions related to indirect cost charges and access to research results. Comments on the proposed rule should be submitted in writing on or before June 27, 2016, to be considered in the formation of a final rule. (To submit comments, visit www.regulations.gov, reference NASA Case 2015–N030.)

PROPOSED RULE: As part of NCUA’s Regulatory Modernization Initiative, the NCUA Board (Board) is issuing for public comment a proposed rule to amend its regulation governing federal credit union (FCU) occupancy, planning, and disposal of acquired and abandoned premises, and its regulation regarding incidental powers. To provide regulatory relief to FCUs, the proposal eliminates a requirement in the current occupancy rule (formerly known as the fixed assets rule) that an FCU must plan for, and eventually achieve, full occupancy of acquired premises. The proposal generally retains the current regulatory timeframes for partial occupancy. However, it modifies the definition of ‘‘partially occupy’’ to mean occupation and use, on a full-time basis, of at least fifty percent of the premises by the FCU, or by a combination of the FCU and a credit union service organization (CUSO) in which the FCU has a controlling interest in accordance with Generally Accepted Accounting Principles (GAAP). The proposal also amends the excess capacity provision in NCUA’s incidental powers rule to clarify that an FCU may lease or sell excess capacity in its facilities, but it need not anticipate that such excess capacity will be fully occupied by the FCU in the future. However, the sale or lease of excess capacity in equipment or services, including employee-sharing and data processing for third parties, continues to be limited to circumstances where an FCU reasonably anticipates that such excess capacity will be taken up by the future expansion of services to members. Comments must be received on or before June 27, 2016. (To submit comments, visit www.regulations.gov, reference RIN 3133–AE54.)

TEMPORARY RULE: NMFS announces that the Commonwealth of Virginia is transferring a portion of its 2016 commercial summer flounder quota to the Commonwealth of Massachusetts. These quota adjustments are necessary to comply with the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan quota transfer provision. This announcement informs the public of the revised commercial quotas for Virginia and Massachusetts. Effective April 26, 2016, through December 31, 2016.

PROPOSED RULE: NMFS seeks comments on this proposed rule issued under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act). The proposed rule would, first, require that U.S. purse seine vessels carry observers on fishing trips in the western and central Pacific Ocean (WCPO); second, establish restrictions in 2016 and 2017 on the use of fish aggregating devices (FADs) by U.S. purse seine vessels in the WCPO; and third, establish limits in 2016 and 2017 on the amount of bigeye tuna that may be captured by U.S. longline vessels in the WCPO. This action is necessary to satisfy the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party. Comments on the proposed rule must be submitted in writing by May 12, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. NOAA–NMFS–2016–0031.)

PROPOSED RULE: The U.S. Office of Personnel Management (OPM) is issuing a proposed rule that would redefine the geographic boundaries of the Asheville, NC, and Charlotte, NC, appropriated fund Federal Wage System (FWS) wage areas. The proposed rule would redefine Alexander and Catawba Counties, NC, from the Charlotte wage area to the Asheville wage area. These changes are based on a recent consensus recommendation of the Federal Prevailing Rate Advisory Committee (FPRAC) to best match the counties proposed for redefinition to a nearby FWS survey area. There are no FWS employees stationed in Alexander or Catawba Counties. We must receive comments on or before May 27, 2016. (To submit comments, visit www.regulations.gov, reference RIN 3206–AN37.)

Federal Register Highlights – 4/26/16

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

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Norfolk Southern #7 Railroad Bridge across the Atlantic Intracoastal Waterway, South Branch of the Elizabeth River, mile 5.8, at Chesapeake, VA. The deviation is necessary to perform urgent bridge repairs. This deviation allows the bridge to remain in the closed-to-navigation position. This deviation is effective without actual notice from April 26, 2016 through 1 p.m. on June 9, 2016.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Highway 160 drawbridge across Three Mile Slough, mile 0.1, at Rio Vista, CA. The deviation is necessary to allow the bridge owner to complete the necessary sand blasting and painting rehabilitation. This deviation allows the bridge to be secured in the closed-to-navigation position during the deviation period. This deviation is effective without actual notice from April 26, 2016 through 11:59 p.m. on April 30, 2016.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the upper deck of the Steel Bridge across the Willamette River, mile 12.1, at Portland, OR. The deviation is necessary to accommodate the route of the annual Starlight Parade event. This deviation allows the upper deck of the Steel Bridge to remain in the closed-to-navigation position to allow for the safe movement of event participants. This deviation is effective from 7 p.m. to 11:30 p.m. on June 4, 2016.

PROPOSED RULE: The Copyright Royalty Judges (Judges) publish for comment proposed regulations governing royalty rates and terms for the distant retransmission of over-the-air television and radio broadcast stations by cable television systems to their subscribers. Comments are due no later than May 17, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. 15–CRB–0010–CA.)

PROPOSED RULE: The Department of Energy (DOE) is proposing to amend the Department of Energy Acquisition Regulation (DEAR) to address the applicability of Executive Order 13495 as implemented by Federal Acquisition Regulation (FAR) subpart 22.12 to its management and operating contracts and subcontracts under such contracts. DOE is also proposing to increase dollar thresholds in its contractor purchasing system clause for management and operating contracts to conform to FAR subpart 28.1. Finally, DOE is revising the DEAR in accordance with a class deviation addressing Buy American Act non-availability determinations. Written comments on the proposed rulemaking must be received on or before close of business May 26, 2016. (To submit comments, visit www.regulations.gov, reference RIN 1991–AC03.)

RULE: We are superseding Airworthiness Directive (AD) 2014–03– 14 for all Airbus Model A330–200 and –300 series airplanes, and Model A340– 200, –300, –500, and –600 series airplanes. AD 2014–03–14 required removing bulb-type maintenance lights; installing a drain mast on certain airplanes; and installing muffs on connecting bleed elements on certain airplanes. For certain Model A340–200 and –300 series airplanes, this new AD also requires replacing certain insulation sleeves with new insulation sleeves. This AD results from fuel system reviews conducted by the airplane manufacturer. We are issuing this AD to prevent ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. This AD is effective May 31, 2016.

RULE: We are adopting a new airworthiness directive (AD) for all Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by reports of multiple cases of ram air turbine (RAT) blade damage. This AD requires deployment of the RAT, replacement of the RAT placard with a new RAT placard, and re-identification of the RAT. We are issuing this AD to prevent blade damage to the RAT, which could prevent RAT deployment in flight during an emergency, possibly resulting in reduced control of the airplane. This AD is effective May 31, 2016.

PROPOSED RULE: The Legal Services Corporation (LSC or Corporation) proposes to revise its regulations governing subgrants to third parties. LSC published a Notice of Proposed Rulemaking (NPRM) on April 20, 2015, 80 FR 21692. In response to the NPRM, LSC received comments from five organizations. The commenters requested that LSC reconsider some of the proposed changes to the regulations. LSC has considered the comments and now proposes additional revisions to the rules. In this Further Notice of Proposed Rulemaking (FNPRM), LSC seeks comments on five proposed revisions to the NPRM. Comments must be submitted by June 10, 2016. (Submit written comments to: SubgrantRulemaking@lsc.gov. Include “Part 1627 FNPRM” in the subject line of the message. Electronic submissions are preferred via email with attachments in Acrobat PDF format.)

Federal Register Highlights – 4/25/16

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

PROPOSED RULE: This proposed rule would update the prospective payment rates for inpatient rehabilitation facilities (IRFs) for federal fiscal year (FY) 2017 as required by the statute. As required by section 1886(j)(5) of the Act, this rule includes the classification and weighting factors for the IRF prospective payment system’s (IRF PPS’s) case-mix groups and a description of the methodologies and data used in computing the prospective payment rates for FY 2017. We are also proposing to revise and update quality measures and reporting requirements under the IRF quality reporting program (QRP). DATES: To be assured consideration, comments must be received not later than 5 p.m. on June 20, 2016. (To submit comments, visit www.regulations.gov, reference file code CMS–1647–P.)

PROPOSED RULE: This proposed rule would update the payment rates used under the prospective payment system (PPS) for skilled nursing facilities (SNFs) for fiscal year (FY) 2017. In addition, it includes a proposal to specify a potentially preventable readmission measure for the Skilled Nursing Facility Value-Based Purchasing Program (SNF VBP), and other proposals for that program aimed at implementing value- based purchasing for SNFs. Additionally, this proposed rule proposes additional polices and measures in the Skilled Nursing Facility Quality Reporting Program (SNF QRP). This proposed rule also includes an update on the SNF Payment Models Research (PMR) project. To be assured consideration, comments must be received no later than 5 p.m. on June 20, 2016. (To submit comments, visit www.regulations.gov, reference file code CMS–1645–P.)

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the US 165 (Jackson Street) Drawbridge across the Red River, mile 88.6, at Alexandria, Louisiana. The deviation is necessary to allow the bridge owner time to install new pinion bearings essential to the continued safe operation of the drawbridge. This deviation allows the bridge to remain in the closed-to-navigation position for approximately 6 days spanning a 2-week period. This deviation is effective from May 31, 2016 through June 9, 2016.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone in the waters of the Newport Harbor Grand Canal on Balboa Island. This temporary safety zone is being established to provide for the safety of the waterway users during bridge construction over a 10-month period. Transiting through or within this temporary safety zone is prohibited unless specifically authorized by the Captain of the Port, Los Angeles-Long Beach, or her designated representative. This rule is effective without actual notice from April 25, 2016 through January 31, 2017.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone for the navigable waters of the North Shore of Oahu approximately 2.5NM Northwest of Haleiwa small boat harbor. The safety zone will encompass all waters extending one nautical mile in all directions around the location of ongoing salvage operations, as described below. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with ongoing operations to salvage the remains of two downed helicopters in this area. A temporary safety zone was previously enforced in the same area from March 4, 2016 through April 01, 2016 to protect personnel, vessels, and the marine environment from the potential hazards associated with these salvage operations. A new temporary safety zone in the area is necessary to complete recovery of the debris from the helicopters. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Honolulu or his designated representative. This rule is effective without actual notice from April 25, 2016 through 3:00 p.m. (HST) on April 29, 2016.

RULE: We are superseding Airworthiness Directive (AD) 2010–19– 51 for Bell Helicopter Textron Canada (Bell) Model 222, 222B, 222U, 230, and 430 helicopters. AD 2010–19–51 required inspecting parts of the main rotor hydraulic servo actuator (servo actuator) for certain conditions and replacing any unairworthy parts before further flight. This new AD requires installing a servo actuator with a new stainless steel piston rod. This AD was prompted by a collective servo actuator malfunction. We are issuing this AD to detect corrosion on a piston rod, which could result in failure of the servo actuator and consequent loss of helicopter control. This AD is effective May 31, 2016.

RULE: We are adopting a new airworthiness directive (AD) for Kaman Aerospace Corporation (Kaman) Model K–1200 helicopters. This AD requires revising the “Flight Limitations—NO LOAD” and “Flight Limitations—LOAD” sections of the rotorcraft flight manual (RFM). This AD was prompted by a report of certain flight maneuvers that may lead to main rotor (M/R) blade to opposing hub contact. These actions are intended to prevent damage to the M/R flight controls and subsequent loss of control of the helicopter. This AD is effective May 31, 2016.

PROPOSED RULE: The Food and Drug Administration (FDA or we) is proposing to ban electrical stimulation devices used to treat aggressive or self- injurious behavior. FDA has determined that these devices present an unreasonable and substantial risk of illness or injury that cannot be corrected or eliminated by labeling. FDA is proposing to include in this ban both new devices and devices already in distribution and use. Submit either electronic or written comments on the proposed rule by May 25, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FDA–2016–N–1111.)

Federal Register Highlights – 4/22/16

Unpublished, time-sensitive and proposed rules for April 22, 2016:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Arthur Kill (AK) Railroad Bridge across Arthur Kill, mile 11.6, between Staten Island, New York and Elizabeth, New Jersey. This deviation allows the bridge to remain in the closed position to facilitate bridge inspection. This deviation is effective from 7:28 a.m. on July 16, 2016, to 5:41 p.m. July 24, 2016.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Lehigh Valley Drawbridge across the Newark Bay, mile 4.3, at Jersey City, New Jersey. This deviation is necessary to allow the bridge owner to replace rails and ties at the bridge. This deviation allows the bridge to remain closed for 26 hours for two days. This deviation is effective from 7 a.m. on June 5, 2016 to 7 p.m. on June 13, 2016.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on the waters of the Intracoastal Waterway in Myrtle Beach, South Carolina on Sunday, April 24, 2016 for the Xterra Swim. The temporary safety zone is necessary for the safety of the swimmers, participant vessels, spectators, and the general public during the event. The temporary safety zone will restrict vessel traffic in a portion of the Intracoastal Waterway, preventing non-participant vessels from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Charleston or a designated representative. This rule is effective on April 24, 2016.

RULE: We are superseding Airworthiness Directive (AD) 2012–17– 13, which applied to certain The Boeing Company Model 707 airplanes, and Model 720 and 720B series airplanes. For certain airplanes, AD 2012–17–13 required using redefined flight cycle counts; determining the type of material of the horizontal stabilizer, rear spar, and upper and lower chords on the inboard and outboard ends of the rear spar; repetitively inspecting for cracking of the horizontal stabilizer components; and repairing or replacing the chord, or modifying chord segments made of 7079 aluminum, if necessary. For all airplanes, AD 2012–17–13 required inspecting certain structurally significant items, and repairing discrepancies if necessary. This new AD adds a requirement to replace all chord segments made of 7079 aluminum with new, improved chord segments made of 7075 aluminum. This AD was prompted by a determination that all chord segments made of 7079 aluminum must be replaced with new, improved chord segments made of 7075 aluminum. We are issuing this AD to detect and correct stress corrosion and potential early fatigue cracking in the horizontal stabilizer, which could result in reduced structural integrity of the horizontal stabilizer. This AD is effective May 27, 2016.

RULE: We are adopting a new airworthiness directive (AD) for The Boeing Company Model 787–8 and 787– 9 airplanes powered by General Electric (GE) GEnx–1B engines. This AD requires revising the airplane flight manual (AFM) to provide the flight crew a revised fan ice removal procedure and a new associated mandatory flight crew briefing to reduce the likelihood of engine damage due to fan ice shedding. This AD also removes certain dispatch relief. For airplanes with certain engines, this AD also requires reworking or replacing at least one engine. This AD was prompted by a recent engine fan blade rub event that caused an in-flight non-restartable power loss. We are issuing this AD to prevent susceptibility to heavy fan blade rubs, which could result in engine damage and a possible in-flight non-restartable power loss of one or both engines. This AD is effective May 9, 2016.

PROPOSED RULE: This NPRM is the third in a series of three related NPRMs that together establishes a set of performance measures for State departments of transportation (State DOT) and Metropolitan Planning Organizations (MPO) to use as required by Moving Ahead for Progress in the 21st Century Act (MAP–21). The measures proposed in this third NPRM would be used by State DOTs and MPOs to assess the performance of the Interstate and non- Interstate National Highway System (NHS) for the purpose of carrying out the National Highway Performance Program (NHPP); to assess freight movement on the Interstate System; and to assess traffic congestion and on-road mobile source emissions for the purpose of carrying out the Congestion Mitigation and Air Quality Improvement (CMAQ) Program. This third performance measure NPRM also includes a discussion that summarizes all three of the national performance management measures proposed rules and the comprehensive regulatory impact analysis (RIA) to include all three NPRMs. Comments must be received on or before August 20, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FHWA–2013–0054.)

PROPOSED RULE: NASA is proposing to amend the NASA Federal Acquisition Regulation Supplement (NFS) to clarify NASA’s award fee process by incorporating terms used in award fee contracting; guidance relative to final award fee evaluations; release of source selection information; and the calculation of the provisional award fee payment percentage in NASA end-item award fee contracts. Comments on the proposed rule should be submitted in writing on or before June 21, 2016, to be considered in the formation of a final rule. (To submit comments, visit www.regulations.gov, reference NFS Case 2016–N008.)

PROPOSED RULE: NMFS proposes regulations under the Tuna Conventions Act to implement Resolution C–15–04 (Resolution on the Conservation of Mobulid Rays Caught in Association with Fisheries in the IATTC Convention Area) of the Inter-American Tropical Tuna Commission (IATTC). Per the Resolution, this rule would prohibit any part or whole carcass of mobulid rays (i.e., the family Mobulidae, which includes manta rays (Manta spp.) and devil rays (Mobula spp.)) caught in the IATTC Convention Area from being retained on board, transshipped, landed, stored, sold, or offered for sale. In accordance with the Resolution, the proposed rule also includes requirements for release of mobulid rays. This proposed rule would also revise related codified text for consistency with the recent amendments to the Tuna Conventions Act. This action is necessary for the United States to satisfy its obligations as a member of the IATTC. Comments on the proposed rule and supporting documents must be submitted in writing by May 23, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. NOAA–NMFS–2016–0035.)

Federal Register Highlights – 4/21/16

Unpublished, time-sensitive and proposed rules for April 21, 2016:

TEMPORARY RULE: The Coast Guard is establishing a temporary special local regulation controlling movement of vessels for certain waters of the Detroit River, Trenton Channel. This action is necessary and is intended to ensure safety of life on navigable waters to be used for a rowing event immediately prior to, during, and immediately after this event. This regulation requires vessels to maintain a minimum speed for safe navigation and maneuvering. This temporary final rule is effective from 7:30 a.m. until 4:30 p.m. on May 7, 2016.

PROPOSED RULE: We, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services), announce revisions to the May 21, 2015, proposed rule that would revise the regulations pertaining to submission of petitions and the reopening of the public comment period. In this document, we are setting forth modified proposed amendments to the regulations based on comments and information we received during the May 21, 2015, proposed rule’s public comment period. We are reopening the comment period to allow all interested parties an opportunity to comment on these revisions, as described in this document, and on the information collection requirements. Comments previously submitted need not be resubmitted, as they have been considered in development of this revised proposed rule and will be fully considered in preparation of the final rule. We will consider comments received or postmarked on or before May 23, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FWS–HQ–ES– 2015–0016.)

TEMPORARY RULE: NMFS has determined that the Atlantic bluefin tuna (BFT) daily retention limit that applies to vessels permitted in the Highly Migratory Species (HMS) Angling category and the HMS Charter/Headboat category (when fishing recreationally for BFT) should be adjusted for the remainder of 2016, based on consideration of the regulatory determination criteria regarding inseason adjustments. NMFS is adjusting the Angling category BFT daily retention limit to two school BFT and one large school/small medium BFT per vessel per day/trip for private vessels (i.e., those with HMS Angling category permits); and three school BFT and one large school/small medium BFT per vessel per day/trip for charter vessels (i.e., those with HMS Charter/ Headboat permits when fishing recreationally). These retention limits are effective in all areas, except for the Gulf of Mexico, where NMFS prohibits targeted fishing for BFT. Effective April 23, 2016 through December 31, 2016.

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