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Federal Register Highlights – 12/22/15

December 22, 2015

Unpublished, time-sensitive and proposed rules for December 22, 2015:

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone within the Coast Guard Sector Long Island Sound (LIS) Captain of the Port (COTP) Zone. This temporary final rule is necessary to provide for the safety of life on navigable waters. Entry into, transit through, mooring or anchoring within the safety zone is prohibited unless authorized by COTP Sector LIS. This rule is effective without actual notice from 12:01 a.m. on December 22, 2015 until 12 a.m. on January 01, 2016. For the purposes of enforcement, actual notice will be used from the date the rule was signed, December 10, 2015, until December 22, 2015.

PROPOSED RULE: This rulemaking codifies in the Code of Federal Regulations the policy for restrictions on the sale or rental of sexually explicit materials on property under the jurisdiction of the DoD, or by Service members or DoD civilian employees acting in their official capacities based on 10 U.S.C. 2495b. It also establishes the Resale Activities Review Board (referred to in this rule as the “Board”). Comments must be received by February 22, 2016. (To submit comments, visit www.regulations.gov, reference docket number DOD-2013-OS-0220.)

RULE: We are adopting a new airworthiness directive (AD) for certain Airbus Model A330–200, –200 Freighter, and –300 series airplanes; and all Airbus Model A340–200, –300, –500, and –600 series airplanes. This AD was prompted by reports of cracks at certain frames of the forward cargo door. This AD requires a detailed inspection for cracking of certain forward cargo doors, and repair if necessary. We are issuing this AD to detect and correct cracking at certain frames, which could result in the loss of structural integrity of the forward cargo door. This AD becomes effective January 26, 2016.

RULE: We are adopting a new airworthiness directive (AD) for Airbus Helicopters Model AS332C1, AS332L1, AS332L2, EC225LP, AS–365N2, AS 365 N3, EC 155B, and EC155B1 helicopters with an energy absorbing seat (seat). This AD requires inspecting for the presence of labels that prohibit stowing anything under the seat. If a label is missing or not clearly visible to each occupant, we require installing a label. This AD was prompted by the discovery that required labels had not been systematically installed. The actions of this AD are intended to prevent objects from being stowed under the seat as these objects could reduce the energy- absorbing function of the seat, resulting in injury to the seat occupants during an accident. This AD is effective January 26, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 757–200, 757–200CB, and 757–200PF airplanes. This AD was prompted by a report that a forward-most cam latch of the forward center cam latch pair on a main cargo door (MCD) broke during flight. This AD requires doing a general visual inspection for broken or missing cam latches, latch pins, and latch pin cross bolts; torqueing the cross bolts in the latch pins; measuring the extension of the latch pins; replacing all alloy steel cross bolts through the latch pins with corrosion resistant steel (CRES) cross bolts; doing a general visual inspection of all cam latches for lip deformation; doing an inspection of cam latch 1 and cam latch 2 for cracks and replacing all cracked or broken parts; checking the rig of the MCD and re-rigging as applicable; and doing related investigative and corrective actions, if necessary. This AD also requires doing certain repetitive inspections until MCD rigging is done. This AD also requires repetitive MCD post-rigging inspections and corrective actions if necessary. We are issuing this AD to detect and correct discrepancies of the cam latches, latch pins, and latch pin cross bolts, which could reduce the structural integrity of the MCD, and result in potential loss of the cargo door and rapid decompression of the airplane. This AD is effective January 26, 2016.

PROPOSED RULE: The FDIC is proposing to amend its regulations requiring insured State nonmember banks, or subsidiaries of such banks, that act as transfer agents for qualifying securities under section 12 of the Securities Exchange Act of 1934 (’34 Act) to register with the FDIC. First, the proposed amendments would require insured State savings associations and subsidiaries of such State savings associations that act as transfer agents for qualifying securities to register with the FDIC, similar to the registration requirements applicable to insured State nonmember banks and subsidiaries of such banks. Second, the proposed amendments would revise the definition of qualifying securities to reflect statutory changes to the ’34 Act made by the Jumpstart Our Business Startups Act (JOBS Act). The proposed amendments are consistent with the FDIC’s continuing review of its regulations under the Economic Growth and Regulatory Paperwork Reduction Act of 1996. Comments must be received by February 22, 2016. (To submit comments, visit www.regulations.gov, reference RIN 3064-AE41.)

PROPOSED RULE: We, the U.S. Fish and Wildlife Service (Service), propose to list the Miami tiger beetle (Cicindelidia floridana) as an endangered species throughout its range under the Endangered Species Act of 1973, as amended (Act). If we finalize this rule as proposed, it would extend the Act’s protections to this species. This document also serves as the 90- day and 12-month findings on a petition to list the species as an endangered or threatened species. Written Comments: We will accept comments received or postmarked on or before February 22, 2016. (To submit comments, visit www.regulations.gov, reference docket number FWS-R4-ES-2015-0164.)

PROPOSED RULE: The Food and Drug Administration (FDA or the Agency) is proposing to establish device restrictions for sunlamp products, which would restrict their use to individuals age 18 and older, require prospective users to sign a risk acknowledgement certification before use, and require the provision of user manuals. Submit either electronic or written comments on the proposed rule by March 21, 2016. (To submit comments, visit www.regulations.gov, reference docket number FDA-2015-N-1765.)

PROPOSED RULE: The Food and Drug Administration (FDA or Agency) is proposing to amend the performance standard for sunlamp products and ultraviolet (UV) lamps intended for use in these products. This standard was last amended in 1985. The current amendments seek to improve consumer safety by requiring more effective communication regarding the risks posed by these products. They also would reduce risks to consumers by updating technical requirements to reflect current science, and by adopting and incorporating by reference certain elements from the International Electrotechnical Commission (IEC) International Standard 60335–2–27, Ed. 5.0: 2009–12. Submit either electronic or written comments on the proposed rule by March 21, 2016. (To submit comments, visit, www.regulations.gov, reference docket number FDA-1998-N-0880.)

PROPOSED RULE: The Department of Homeland Security is giving notice of proposed rulemaking pursuant to the Privacy Act of 1974 in connection with a current system of records titled “Department of Homeland Security/U.S. Customs and Border Protection-007 Border Crossing Information (BCI) System of Records.” The exemptions for the system of records notice published May 28, 2013, continue to apply for the updated system of records for those categories of records listed in the previous System of Records Notice. This document proposes to exempt portions of certain new categories of records ingested from the Advance Passenger Information System (APIS) claimed for those records in that system pursuant to the United States Code. Comments must be received on or before January 21, 2016. (To submit comments, visit www.regulations.gov, reference docket number DHS-2015-0075.)

TEMPORARY RULE: NMFS announces that the States of North Carolina and Maine and the Commonwealth of Virginia are transferring portions of their 2015 commercial summer flounder quotas to the State of Connecticut. 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 quota for each state involved. Effective December 21, 2015, through December 31, 2015.

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