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Federal Register Highlights – 11/20/15

November 20, 2015

Unpublished, time-sensitive, and proposed rules for November 20, 2015:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the S168 Bridge (Battlefield Boulevard) across the Atlantic Intracoastal Waterway, Albemarle and Chesapeake Canal, mile 12.0, at Chesapeake (Great Bridge), VA. This deviation allows the bridge to remain in the closed-to-navigation position to facilitate the annual Chesapeake Christmas Parade. This deviation is effective from 4 p.m. on December 5, 2015 until 10 p.m. on December 5, 2015.

PROPOSED RULE: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify how the clause prescription addresses applicability when an exception to the Buy American statute or Balance of Payments Program applies. Comments on the proposed rule should be submitted in writing on or before January 19, 2016, to be considered in the formation of a final rule. (To submit comments, visit www.regulations.gov, reference DFARS Case No. 2015-D037.)

PROPOSED RULE: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the contract term for shared energy savings contract services. Comments on the proposed rule should be submitted in writing on or before January 19, 2016, to be considered in the formation of a final rule. (To submit comments, visit www.regulations.gov, reference DFARS Case No. 2015-D018.)

PROPOSED RULE: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update the threshold for duty-free entry on foreign supplies that are not qualifying country supplies or eligible foreign supplies. Comments on the proposed rule should be submitted in writing on or before January 19, 2016, to be considered in the formation of the final rule. (To submit comments, visit www.regulations.gov, reference DFARS Case No. 2015-D036.)

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 2015, which amended a section of the National Defense Authorization Act for Fiscal Year 2010, to extend and modify contract authority for advanced component development and prototype units. Comments on the proposed rule should be submitted in writing on or before January 19, 2016, to be considered in the formation of a final rule. (To submit comments, visit www.regulations.gov, reference DFARS Case No.2015-D008.)

PROPOSED RULE: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add a definition of “long-haul telecommunications.” Comments on the proposed rule should be submitted in writing on or before January 19, 2016, to be considered in the formation of a final rule. (To submit comments, visit www.regulations.gov, reference DFARS Case No. 2015-D023.)

PROPOSED RULE: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to stipulate that DoD contracting officers shall request a limited-scope audit, unless a full-scope audit is appropriate for the circumstances, in the interest of promoting voluntary contractor disclosure of defective pricing identified by the contractor after contract award. Comments on the proposed rule should be submitted in writing on or before January 19, 2016, to be considered in the formation of a final rule. (To submit comments, visit www.regulations.gov, reference DFARS Case No. 2015-D030.)

PROPOSED RULE: The Environmental Protection Agency (EPA) is proposing revisions to certain sections within the regulations that govern the exclusion of event- affected air quality data from regulatory decisions. The EPA is also providing a notice of availability of a draft version of the non-binding guidance document titled Draft Guidance on the Preparation of Exceptional Events Demonstrations for Wildfire Events that May Influence Ozone Concentrations. Written comments on this proposal and draft guidance must be received by January 19, 2016. (To submit comments, visit www.regulations.gov, reference Docket Number EPA-HQ-OAR-2013-0572.)

RULE: We are adopting a new airworthiness directive (AD) for all Airbus Model A330–200, A330–200 Freighter, and A330–300 series airplanes; and Model A340–200 and A340–300 series airplanes. This AD was prompted by reports of cracked support strut body ends at a certain frame location of the trimmable horizontal stabilizer (THS). This AD requires repetitive inspections for cracking of the strut ends of the THS support located at a certain frame in the tail cone, and replacement if necessary; and reinstallation or installation of reinforcing clamps on certain strut ends. We are issuing this AD to detect and correct cracked support strut body ends of the THS, which could lead to the loss of all four THS support struts, making the remaining structure unable to carry limit loads, resulting in the loss of the horizontal tail plane. This AD becomes effective December 28, 2015.

RULE: We are superseding Airworthiness Directive (AD) 2011–09– 04 for all Lockheed Martin Corporation/ Lockheed Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G airplanes. AD 2011–09–04 required repetitive inspections for damage to the lower surface of the center wing box (CWB), and corrective actions if necessary. This new AD adds related investigative actions, and corrective actions if necessary. This AD was prompted by an evaluation by the design approval holder (DAH) that indicated that the CWB is subject to widespread fatigue damage (WFD). We are issuing this AD to detect and correct fatigue cracking of the lower surface of the CWB, which could result in structural failure of the wings. This AD is effective December 28, 2015.

RULE: We are adopting a new airworthiness directive (AD) for REIMS AVIATION S.A. Model F406 airplanes. This AD revises AD 2015–16–07, which required inspection of the left-hand and right-hand rudder control pedal torque tubes, and, depending on findings, replacement with a serviceable part. This AD retains the actions of AD 2015– 16–07 and adds additional acceptable serviceable replacement parts. The AD was prompted by reports of detachment of the pilot’s rudder control pedal in flight. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective December 28, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747–100, 747–100B, 747–100B SUD, 747–200B, 747–300, 747SR, and 747SP series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that certain fuselage skin lap joints are subject to widespread fatigue damage (WFD). This AD requires repetitive post-modification inspections for cracking of the skin or internal doubler along the edge fastener rows of the modification, and repair if necessary. We are issuing this AD to detect and correct fatigue cracking in certain fuselage skin lap joints, which could result in rapid depressurization of the airplane. This AD is effective December 28, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747–8 series airplanes. This AD was prompted by a report of improperly installed outboard stowage bin modules in the passenger compartment found during maintenance. Further investigation revealed that certain attachment bracket bushings were missing or had moved out of the holes. This AD requires installing a spacer on the end of each quick-release pin that attaches the outboard stowage bin module to the lateral support tie rods of the main deck passenger compartment. We are issuing this AD to prevent detachment of the quick-release pin, which could result in separation of the lateral support tie rod and subsequent detachment of the module and consequent injuries to passengers or flightcrew. This AD is effective December 28, 2015.

RULE: We are adopting a new airworthiness directive (AD) for certain Zodiac Aerotechnics (formerly Intertechnique Aircraft Systems) flightcrew oxygen mask regulators as installed on, but not limited to, various transport and small airplanes. This AD was prompted by a report that improper maintenance on oxygen mask regulators was found. This AD requires the identification and replacement of all potentially affected units. This AD also requires installation of a placard and revision of the airplane flight manual to include an operational procedure for use in case of depressurization. We are issuing this AD to detect and correct affected oxygen mask regulators, which could lead to inadequate protection to the affected flightcrew against hypoxia. Hypoxia can start from a headache and drowsiness and lead eventually to unconsciousness with severe consequence in terms of airplane controllability. This AD becomes effective December 28, 2015.

PROPOSED RULE: This NPRM provides interested parties with the opportunity to comment on proposed revisions to the FHWA and FTA joint regulations that implement the National Environmental Policy Act (NEPA) and Section 4(f) of the Department of Transportation Act. The revisions are prompted by the enactment of the Moving Ahead for Progress in the 21st Century Act (MAP–21), which requires rulemaking to address programmatic approaches. This NPRM proposes to revise the FHWA/FTA Environmental Impact and Related Procedures and Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites regulations due to MAP–21 changes to the environmental review process that FHWA and FTA have not previously captured in other rulemakings, such as the use of programmatic agreements and the use of single final environmental impact statement/record of decision documents. In addition, FHWA and FTA propose changes to the regulatory text to improve readability and to reflect current practice, consistent with an Executive order to improve regulations and regulatory review. The FHWA and FTA seek comments on the proposals contained in this notice. Comments must be received on or before January 19, 2016. (To submit comments, visit www.regulations.gov, reference Docket Number FHWA-2014-0011.)

PROPOSED RULE: The U.S. Department of Agriculture (USDA) is proposing to reinstate the North Fork Coal Mining Area exception of the Colorado Roadless Rule. The Colorado Roadless Rule is a State-specific rule that provides direction for conserving and managing approximately 4.2 million acres of Colorado Roadless Areas (CRAs) on National Forest System (NFS) lands within the state of Colorado. The North Fork Coal Mining Area exception allowed for temporary road construction for coal exploration and/or coal-related surface activities in an area defined as the North Fork Coal Mining Area, which was inadvertently reported as 19,100 acres in 2012, and was actually 19,500 acres. The Forest Service, on behalf of the Department, has prepared a supplemental environmental impact statement (SEIS) addressing specific environmental disclosure deficiencies identified by the District Court of Colorado. In addition, the Department is proposing to correct certain CRA boundaries associated with the North Fork Coal Mining Area based on updated information. The Forest Service invites written comments on both the proposed rule and supplemental draft environmental impact statement. Comments on this proposed rule must be received in writing by January 4, 2016. (To submit comments, visit www.regulations.gov, reference RIN 0596-AD26.)

PROPOSED RULE: As the Nation’s housing agency, HUD administers programs designed to meet the goal of ensuring decent housing and a suitable living environment for all. In furtherance of this goal, in February 2012, HUD promulgated a final rule entitled ‘‘Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity’’ (Equal Access Rule), which requires that HUD-assisted and HUD-insured housing be made available without regard to actual or perceived sexual orientation, gender identity, or marital status, and which generally prohibits inquiries into sexual orientation or gender identity for the purpose of determining eligibility for such housing or otherwise making such housing available. HUD’s Equal Access Rule provides a limited exception for inquiries about the sex of an individual to determine eligibility for housing provided or to be provided to the individual when the housing is a temporary, emergency shelter that involves the sharing of sleeping areas or bathrooms, or for inquiries made for the purpose of determining the number of bedrooms to which a household may be entitled. At that time, HUD decided not to set national policy regarding how transgender persons would be accommodated in temporary, emergency shelters that involve shared sleeping quarters or shared bathing facilities, but instead decided to monitor and review its programs to determine if transgender individuals had greater access to temporary, emergency shelters as a result of the rule or if additional guidance or a national policy was warranted. HUD also committed to review the prohibition on inquiries contained in the Equal Access Rule. HUD has now monitored and reviewed its programs and, based on that review, is proposing this rule to require recipients and subrecipients of assistance from HUD’s Office of Community Planning and Development (CPD), as well as owners, operators, and managers of shelters, buildings, and other facilities and providers of services covered by CPD’s programs, to provide transgender persons and other persons who do not identify with the sex they were assigned at birth with access to programs, benefits, services, and accommodations in accordance with their gender identity. This proposed rule would also amend the definition of ‘‘gender identity’’ included in HUD’s Equal Access Rule so the definition more clearly reflects the difference between actual and perceived gender identity. Finally, HUD has completed its review of the inquiries provision, and the proposed rule would eliminate the Equal Access Rule’s current prohibition on inquiries related to sexual orientation or gender identity, while maintaining the prohibition against discrimination on those bases. Comment Date: January 19, 2016. (To submit comments, visit www.regulations.gov, reference RIN 2506-AC40.)

PROPOSED RULE: This document contains proposed regulations relating to relief from joint and several liability under section 6015 of the Internal Revenue Code (Code). The regulations reflect changes in the law made by the Tax Relief and Health Care Act of 2006 as well as changes in the law arising from litigation. The regulations provide guidance to married individuals who filed joint returns and later seek relief from joint and several liability. Written or electronic comments and requests for a public hearing must be received by February 18, 2016. (To submit comments, visit www.regulations.gov, reference Docket Number IRS-REG-134219-08.)

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