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Federal Register Highlights – 10/8/15

October 8, 2015

Unpublished, time-sensitive and proposed rules for October 8, 2015:

RULE: We are adopting a new airworthiness directive (AD) for all Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes; Model MYSTERE–FALCON 200 airplanes; and Model MYSTERE– FALCON 20–C5, 20–D5, 20–E5, and 20– F5 airplanes. This AD was prompted by reports of defective fire extinguisher tubes. It was determined the defects were caused by corrosion. This AD requires repetitive general visual inspections of the fire extinguisher tubes for cracking and corrosion, and replacement of any cracked tube with a serviceable tube, if necessary. We are issuing this AD to detect and correct cracking and corrosion in the fire extinguisher tubes, which could impact the capability to extinguish an engine fire, and possibly result in damage to the airplane and injury to the passengers. This AD becomes effective November 12, 2015.

PROPOSED RULE: We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Kentucky arrow darter (Etheostoma spilotum) under the Endangered Species Act (Act). In total, approximately 395 stream kilometers (skm) (246 stream miles (smi)) are being proposed for designation of critical habitat for the Kentucky arrow darter in Breathitt, Clay, Harlan, Jackson, Knott, Lee, Leslie, Owsley, Perry, and Wolfe Counties, Kentucky. If we finalize this rule as proposed, it would extend the Act’s protections to this species’ critical habitat. We also announce the availability of our draft economic analysis of the proposed designation. We will accept comments on the proposed rule or draft economic analysis that are received or postmarked on or before December 7, 2015. (To submit comments, visit www.regulations.gov, reference docket number FWS-R4-ES-2015-0133.)

PROPOSED RULE: Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), propose to reclassify the Columbia River distinct population segment (DPS) of Columbian white-tailed deer (Odocoileus virginianus leucurus) from endangered to threatened, and we propose a rule under section 4(d) of the Act to enhance conservation of the species through range expansion and management flexibility. This proposal is based on a thorough review of the best available scientific data, which indicate that the species’ status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range. We seek information, data, and comments from the public regarding the Columbian white-tailed deer and this proposal. We will accept comments received or postmarked on or before December 7, 2015. (To submit comments, visit www.regulations.gov, reference docket number FWS-R1-ES-2014-0045.)

PROPOSED RULE: We, the U.S. Fish and Wildlife Service (Service), propose to list the Kentucky arrow darter (Etheostoma spilotum), a fish species from the upper Kentucky River basin in Kentucky, as a threatened species under the Endangered Species Act (Act). If we finalize this rule as proposed, it would extend the Act’s protections to this species. We will accept comments received or postmarked on or before December 7, 2015. (To submit comments, visit www.regulations.gov, reference docket number FWS-R4-ES-2015-0132.)

PROPOSED RULE: The Food and Drug Administration (FDA) is proposing to rename pediatric hospital beds as pediatric medical cribs and establish special controls for these devices. FDA is also proposing to establish a separate classification regulation for medical bassinets, previously under the pediatric hospital bed classification regulation, as a class II (special controls) device. The proposed regulation for both pediatric medical cribs and medical bassinets would also include the Consumer Product Safety Commission’s (CPSC) mattress flammability standards for the mattresses intended for use with these devices. In addition, this proposed rule would require prescription use of pediatric medical cribs and bassinets. Submit either electronic or written comments by December 7, 2015. (To submit comments, visit www.regulations.gov, reference docket number FDA-2015-N-0701.)

PROPOSED RULE: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement section 814 of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 that requires the head of the contracting activity to approve any determinations to select more than five offerors to submit phase-two proposals for a two-phase design-build construction acquisition that is valued at greater than $4 million. Interested parties should submit written comments to the Regulatory Secretariat on or before December 7, 2015 to be considered in the formulation of a final rule. (To submit comments, visit www.regulations.gov, reference FAR Case No. 2015-018.)

PROPOSED RULE: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement a higher simplified acquisition threshold for overseas acquisitions in support of humanitarian or peacekeeping operations. Interested parties should submit written comments to the Regulatory Secretariat on or before December 7, 2015 to be considered in the formulation of a final rule. (To submit comments, visit www.regulations.gov, reference FAR Case No. 2015-020.)

TEMPORARY RULE: NMFS is reallocating the projected unused amount of the 2015 Atka mackerel incidental catch allowance (ICA) for the Bering Sea subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80 cooperative allocations in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2015 total allowable catch of Atka mackerel in the BSAI to be fully harvested. Effective 12 hrs Alaska local time (A.l.t.), October 5, 2015 through 2400 hrs, A.l.t., December 31, 2015.

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