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Federal Register Highlights – 8/3/15

August 3, 2015

Unpublished, time-sensitive and proposed rules for August 3, 2015:

PROPOSED RULE: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2013 that requires the issuance of guidance on the use of the authority to require the submission of other than cost or pricing data. Comments on the proposed rule should be submitted in writing on or before October 2, 2015, to be considered in the formation of the final rule. (To submit comments, visit www.regulations.gov, click here to be taken directly to the commenting page.)

RULE: We are adopting a new airworthiness directive (AD) for certain Airbus Model A318, A319, and A320 series airplanes modified by a particular supplemental type certificate (STC). This AD was prompted by reports of cracks found during inspections of the in-flight entertainment system radome assembly. This AD requires repetitive detailed inspections for cracks in the radome assembly, and replacement of the radome if necessary. We are issuing this AD to detect and correct cracks in the radome assembly, which could result in the radome (or pieces) separating from the airplane and striking the tail, consequently reducing the controllability of the airplane. This AD is effective September 8, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain Airbus Model A319 series airplanes; Model A320–211, –212, –214, –231, –232, and –233 airplanes; and Model A321 series airplanes. This AD was prompted by reports of cracks that could be initiated at the waste water service panel area and the potable water service panel area. This AD requires modification of the potable water service panel and waste water service panel, including doing applicable related investigative and corrective actions. We are issuing this AD to prevent any cracking at the waste water service panel area and the potable water service panel area, which could affect the structural integrity of the airplane. This AD becomes effective September 8, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 777–200, 777–200LR, 777–300ER, and 777F series airplanes. This AD was prompted by a report indicating that sealant might not have been applied in production to the wing skin panel gaps above certain underwing fittings. This AD would require an inspection for missing sealant, and applicable other specified, related investigative, and corrective actions. We are proposing this AD to detect and correct missing sealant from the wing skin panel gaps above the underwing fittings, which could result in corrosion and fatigue cracking in the wing skin panel, and consequent loss of limit load capability of the wing skin and potential subsequent structural failure of the wings. This AD is effective September 8, 2015.

PROPOSED RULE: This document proposes, at the request of Katherine Pyeatt (“Pyeatt”), the allotment of FM Channel 286A at Grant, Oklahoma. The document also treats a conflicting application (File No. BPH– 20141028AAK) filed by Liberman Broadcasting of Dallas Licensee LLC (“Liberman”), licensee of Station KZMP–FM, Pilot Point, Texas, for a construction permit to implement a previously granted upgrade in KZMP’s channel class from Channel 285C1 to 285C0 (“Pilot Point Application”) as a counterproposal. Finally, to accommodate Pyeatt’s proposal, an Order to Show Cause is issued to Liberman as to why KZMP’s channel class should not be involuntarily downgraded. See SUPPLEMENTARY INFORMATION, supra. Comments must be filed on or before August 31, 2015, and reply comments on or before September 15, 2015. Submit comments in writing to: Secretary, Federal Communications Commission, 445 Twelfth Street SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the rule making petitioner and the counter proponent as follows: Katherine Pyeatt, 2215 Cedar Springs Rd., #1605, Dallas, Texas 75201; James R. Bayes, Esq., Mark N. Lipp, Esq., and Marnie K. Sarver, Esq., Wiley Rein LLP, 1776 K Street NW., Washington, DC 20006 (Counsel to Liberman).

PROPOSED RULE: In this document, the Wireline Competition Bureau seeks to refresh the record on pending issues related to Eligible Telecommunications Carrier (ETC) designations and obligations in areas served by price cap carriers. Comments are due on or before September 2, 2015 and reply comments are due on or before September 17, 2015. To submit comments, visit www.regulations.gov, click here to be taken directly to the commenting page.)

PROPOSED RULE: This document contains proposed regulations regarding the determination of a partner’s distributive share of certain allocable cash basis items and items attributable to an interest in a lower-tier partnership during a partnership taxable year in which a partner’s interest changes. These proposed regulations affect partnerships and their partners. Written or electronic comments and requests for a public hearing must be received by November 2, 2015. (To submit comments, visit www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: We, the National Marine Fisheries Service (NMFS), propose regulations to amend the Code of Federal Regulations (CFR) to implement the Endangered Species Act (ESA) regarding experimental populations. The CFR would be amended to establish definitions and procedures for: establishing and/or designating certain populations of species otherwise listed as endangered or threatened as experimental populations; determining whether experimental populations are “essential” or “nonessential;” and promulgating appropriate protective measures for experimental populations. We seek public comment on this proposal. To allow us adequate time to consider your comments on this proposed rule, they must be received no later than October 2, 2015. (To submit comments, visit www.regulations.gov, click here to be taken directly to the commenting page.)

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