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Federal Register Highlights – 9/2/15

September 2, 2015

Unpublished, time-sensitive and proposed rules for September 2, 2015:

PROPOSED RULE: This proposed rule would implement a recommendation from the Raisin Administrative Committee (committee) to increase the assessment rate established for the 2015–16 and subsequent crop years from $14.00 to $17.00 per ton of California raisins handled under the marketing order (order). The committee locally administers the order and is comprised of producers and handlers of raisins operating within the area of production. Assessments upon raisin handlers are used by the committee to fund reasonable and necessary expenses of the program. The crop year begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated. Comments must be received by October 2, 2015. (To submit comments, visit www.regulations.gov, reference docket number AMS-FV-15-0032.)

PROPOSED RULE: This document proposes an increase in the fees the Agricultural Research Service’s (ARS) Patent Culture Collection charges, and a revision of the method of payment. Submit comments on or before November 2, 2015. (To submit comments, visit www.regulations.gov, reference RIN 0518-AA05.)

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Metropolitan Ave. Bridge, across the English Kills, mile 3.4, at Brooklyn, New York. This deviation is necessary to remove lead based paint in the bridge control house electrical room. This deviation allows the bridge to remain in the closed position for 3 days. This deviation is effective from 12:01 a.m. on September 10, 2015 through 11:59 p.m. on September 12, 2015.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Rock Island Railroad and Highway Drawbridge across the Upper Mississippi River, mile 482.9, at Rock Island, Illinois. The deviation is necessary to allow the Quad City Marathon to cross the bridge. This deviation allows the bridge to be maintained in the closed-to-navigation position for four and a half hours. This deviation is effective from 7:00 a.m. to 11:30 a.m. on September 27, 2015.

TEMPORARY RULE: The Coast Guard is establishing a Special Local Regulation for the “Swim the Loop” and “Motts Channel Sprint” swim event, to be held on the waters adjacent to and surrounding Harbor Island in Wrightsville Beach, North Carolina. This Special Local Regulation is necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic on the Atlantic Intracoastal Waterway within 550 yards north and south of the U.S. 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North Carolina, during the swim event. This rule is effective on September 27, 2015 only.

TEMPORARY RULE: The Coast Guard is temporarily changing the enforcement date of the special local regulation on the navigable waters of San Diego Bay, San Diego, California in support of the annual TriRock San Diego Triathlon. This temporary interim rule adjusts the date for the established special local regulations listed in 33 CFR 100.1101 (table 1, item 11). This temporary interim rule provides public notice and is necessary to ensure the safety of participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Unauthorized persons and vessels are prohibited from entering into, transiting through, or anchoring within the regulated area unless authorized by the Captain of the Port (COTP), or his designated representative. The Coast Guard requests public comments on the temporary interim rule. This rule is effective from 6:30 a.m. through 10:30 a.m. on September 20, 2015.

PROPOSED RULE: The Consumer Product Safety Commission (“Commission” or “CPSC”) is proposing to amend the regulations for Safety Standard for Automatic Residential Garage Door Operators to reflect changes made by Underwriters Laboratories, Inc. (“UL”), in the entrapment protection provisions in UL’s standard UL 325, Sixth Edition, “Standard for Safety for Door, Drapery, Gate, Louver, and Window Operators and Systems.” Submit comments by November 16, 2015. (To submit comments, visit www.regulations.gov, reference docket number CPSC-2015-0025.)

RULE: We are adopting a new airworthiness directive (AD) for all Airbus Model A330–243, A330–243F, A330–341, A330–342, and A330–343 airplanes. This AD was prompted by reports indicating that certain hinge sleeves on the cowl doors of the thrust reverser units (TRUs) were not heat treated. This AD requires replacing the sleeves of certain hinges on the cowl doors of the TRUs with new parts. We are issuing this AD to prevent, in the event of a fan-blade-off event due to high vibration, in-flight loss of TRU heavy components, which might damage airplane structure or control surfaces and consequently reduce controllability of the airplane. This AD becomes effective October 7, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC–8–400, –401, and –402 airplanes. This AD was prompted by a report of a main landing gear (MLG) parking brake becoming dislodged from its mounting bracket due to an improperly installed quick release pin of the hand pump lever. This AD requires removing the hand pump lever of the parking brake from the right-hand side nacelle. We are issuing this AD to prevent an unsecured lever from migrating from its stowed position, fouling against the MLG, and subsequently puncturing the nacelle structure, which could adversely affect the safe landing of the airplane. This AD becomes effective October 7, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC–8–400 series airplanes. This AD was prompted by reports of chafing of the fuel lines due to contact with the surrounding structures in the fuel tank. This AD requires replacing and modifying fuel lines, revising the maintenance or inspection program, as applicable, to include critical design configuration control limitations (CDCCL) and airworthiness limitation (AWL) items, and, for certain airplanes, removing certain clamps and mounting hardware. We are issuing this AD to prevent chafing of the fuel lines in the fuel tank, which could result in potential ignition sources in the fuel tank in the event of a lightning strike and consequent fire or explosion. This AD becomes effective October 7, 2015.

RULE: We are adopting a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB–135BJ airplanes. This AD was prompted by a determination that more restrictive fuel limitations are needed. This AD requires revising the maintenance or inspection program to incorporate new compliance times and fuel limitations. We are issuing this AD to detect and correct fatigue cracking of various structural elements and prevent ignition sources in the fuel system. This AD becomes effective October 7, 2015.

RULE: We are adopting a new airworthiness directive (AD) for all Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G airplanes. This AD requires replacing the center wing box (CWB) and certain outer wings. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the CWB and outer wings are subject to widespread fatigue damage (WFD). We are issuing this AD to prevent fatigue cracking of the outer wings and the lower surface of the CWB, which could result in reduced structural integrity of the airplane. This AD is effective September 17, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 777–200 and –300 series airplanes equipped with Pratt and Whitney engines. This AD was prompted by reports of blocked drain lines at the engine forward strut that caused flammable fluid to accumulate in a flammable leakage zone. This AD requires repetitive functional checks for blockage of the forward strut drain line and doing corrective actions if necessary, and a one-time cleaning of certain forward strut drain lines. This AD also provides an optional replacement of the drain lines and installation of insulation blankets, and a revision of the maintenance or inspection program, as applicable, to incorporate a certain airworthiness limitation, which would terminate the repetitive checks of the forward strut drain line. We are issuing this AD to detect and correct blockage of forward strut drain lines, which could cause flammable fluids to collect in the forward strut area and potentially cause an uncontrolled fire or cause failure of engine attachment structure and consequent airplane loss. This AD is effective October 7, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 787–8 airplanes. This AD was prompted by numerous reports of failures of the proximity sensor within the slat skew detection mechanism assembly (DMA) leading to slats up landing events. This AD requires replacing the slat skew DMAs with new slat skew DMAs, and marking the existing identification plates on the slat with the new part number. We are issuing this AD to prevent failure of the proximity sensor, which could result in the slats being shut down and a slats up high speed landing. This condition, in combination with abnormal landing conditions such as a short runway or adverse weather conditions, could result in a runway excursion. This AD is effective October 7, 2015.

RULE: We are adopting a new airworthiness directive (AD) for Vulcanair S.p.A. Model P.68R 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 a discrepancy in the climb performance reported in the airplane flight manual and in the actual performance of the airplane. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective September 22, 2015.

PROPOSED RULE: This proposed rulemaking would expand the temporary flight restriction provisions for launch, reentry, and amateur rocket operations and make such temporary flight restrictions applicable to all aircraft — including non-U.S. registered aircraft. The FAA also proposes revised language for consistency with other temporary flight restriction provisions and commercial space regulations and definitions. This proposed action would enhance safety in the affected airspace and would improve the readability of temporary flight restriction requirements. Send comments on or before November 2, 2015. (To submit comments, visit www.regulations.gov, reference docket number FAA-2015-3304.)

PROPOSED RULE: The Department of Homeland Security is giving concurrent notice for the newly established “Department of Homeland Security/U.S. Customs and Border Protection—DHS/CBP–020, Export Information System, System of Records” and this proposed rulemaking. This system of records will collect and maintain records on cargo exported from the United States, as well as information pertaining to the filer, transmitter, exporter, U.S. Principal Party in Interest (USPPI), freight forwarder, shipper, consignee, other U.S. authorized agent filing for the USPPI, and individuals related to the specific cargo that is the subject of the export transaction. In accordance with the Privacy Act of 1974 and this proposed rulemaking, the Department of Homeland Security concurrently proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. Comments must be received on or before October 2, 2015. (To submit comments, visit www.regulations.gov, reference docket number DHS-2015-0053.)

PROPOSED RULE: The Mine Safety and Health Administration (MSHA) is proposing to require underground coal mine operators to equip coal hauling machines and scoops with proximity detection systems. Miners working near these machines face pinning, crushing, and striking hazards that result in accidents involving life threatening injuries and death. The proposal would strengthen protections for miners by reducing the potential for pinning, crushing, or striking accidents in underground coal mines. MSHA is also interested in the application of these proposed requirements to underground metal and nonmetal mines. Comments must be received or postmarked by midnight Eastern Daylight Saving Time on December 1, 2015. (To submit comments, visit www.regulations.gov, reference docket number MSHA-2014-0019.)

TEMPORARY RULE: NMFS approves the transfer of 2015 commercial Atlantic bluefish quota from the State of North Carolina and the Commonwealth of Virginia to the State of Rhode Island. These transfers comply with the Bluefish Fishery Management Plan quota transfer provisions, specified in federal regulations. This announcement also informs the public of the revised commercial quota for each state involved. Effective September 1, 2015, through December 31, 2015.

PROPOSED RULE: In January 2011, NMFS implemented the groundfish trawl rationalization program (a catch share program) for the Pacific coast groundfish limited entry trawl fishery. The program was implemented through Amendment 20 to the Pacific Coast Groundfish Fishery Management Plan and the corresponding implementing regulations. Amendment 20 established the trawl rationalization program, which includes an Individual Fishing Quota program for limited entry trawl participants. Under current regulations, quota share (QS) permit owners must divest quota share holdings that exceed accumulation limits by November 30, 2015. This proposed action would make minor procedural modifications to the program regulations to clarify how divestiture and revocation of excess quota share could occur in November, 2015, and establish procedures applicable in the future if divestiture becomes necessary. Comments on this proposed rule must be received on or before October 2, 2015. (To submit comments, visit www.regulations.gov, reference docket number NOAA-NMFS-2015-0086.)

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