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Federal Register Highlights – 1/26/16

January 26, 2016

Unpublished, time-sensitive and proposed rules for January 26, 2016:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Chicago and Northwestern Railroad Drawbridge across the Mississippi River, mile 839.2, at St. Paul, Minnesota. The deviation is necessary to allow the bridge owner time to perform preventive maintenance that is essential to the continued safe operation of the drawbridge, and is scheduled in the winter when there is less impact on navigation. This deviation allows the bridge to be closed to navigation. This deviation is effective without actual notice from January 26, 2016 until 11:59 p.m., February 6, 2016. For the purposes of enforcement, actual notice will be used from 12:01 a.m., January 18, 2016 until 11:59 p.m., February 6, 2016.

RULE: We are adopting a new airworthiness directive (AD) for all Airbus Model A318–111 and –112 airplanes; Model A319–111, –112, and –115 airplanes; Model A320–214 airplanes; and Model A321–111, –112, –211, –212, and –213 airplanes. This AD was prompted by reports of cracked cadmium-plated lock nuts that attach the hinge to the fan cowl door. This AD requires inspecting to determine the serial number of each engine fan cowl door, inspecting for cracking of the hinge lock nuts of any affected door, and replacing the lock nuts if necessary. We are issuing this AD to detect and correct cracking of the hinge lock nuts, which could result in separation of the hinge from the fan cowl door, in-flight loss of the door, and consequent damage to the airplane. This AD becomes effective March 1, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain Airbus Model A319–113, A319–114, A320–211, and A320–212 airplanes. This AD was prompted by a report that the aft mount pylon bolts of the CFM56– 5 engines may have been installed using the wrong torque values. This AD requires identification of engines that were installed using the wrong torque values and re-torque of the four aft mount pylon bolts of those engines. We are issuing this AD to detect and correct improper torque of the aft mount pylon bolts, which, if combined with any maintenance damage, could lead to aft engine mount failure, possibly resulting in engine detachment and consequent reduced control of the airplane. This AD becomes effective March 1, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain CFM International S.A. (CFM) CFM56– 5B series turbofan engines. This AD was prompted by a corrected lifing analysis by the engine manufacturer that shows the need to identify an initial and repetitive inspection threshold for certain part number (P/N) turbine rear frames (TRFs). This AD requires initial and repetitive inspections of certain P/ N TRFs on the low-pressure turbine (LPT) frame assembly. We are issuing this AD to prevent failure of the TRF on the LPT frame assembly, which could lead to engine separation, damage to the engine, and damage to the airplane. This AD is effective March 1, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain Engine Alliance (EA) GP7270 turbofan engines. This AD was prompted by the manufacturer informing us that the inspection criteria and repair procedures in the maintenance manual for aft bolt holes of the high-pressure compressor (HPC) cone shaft on the affected engines is incorrect. This AD requires inspection of the HPC cone shaft and repair of affected parts, if needed. We are issuing this AD to prevent failure of the HPC cone shaft, which could lead to uncontained engine failure and damage to the airplane. This AD is effective March 1, 2016.

PROPOSED RULE: The Indian Health Service (IHS) administers the Catastrophic Health Emergency Fund, The purpose of CHEF is to meet the extraordinary medical costs associated with the treatment of victims of disasters or catastrophic illnesses who are within the responsibility of the Service. This proposed rule: Proposes definitions governing the CHEF; establishes that a Service Unit shall not be eligible for reimbursement for the cost of treatment until the episode of care’s cost has reached a certain threshold; establishes a procedure for reimbursement for certain services exceeding a threshold cost; establishes a procedure for payment for certain cases; and, establishes a procedure to ensure payment will not be made from CHEF if other sources of payment (Federal, state, local, private) are available. To be assured consideration, written comments must be received no later than 5 p.m. on March 11, 2016. (To submit comments, visit www.regulations.gov, reference RIN 0905-AC97.)

PROPOSED RULE: This document contains proposed amendments to the regulation relating to the user fee for the special enrollment examination to become an enrolled agent. The charging of user fees is authorized by the Independent Offices Appropriations Act (IOAA) of 1952. This document also contains a notice of public hearing on this proposed regulation. The proposed regulation affects individuals taking the enrolled agent special enrollment examination. Written or electronic comments must be received by February 24, 2016. (To submit comments, visit www.regulations.gov, reference Docket Number IRS–REG–134122–15.)

PROPOSED RULE: The U.S. Department of Labor (Department) is proposing to issue nondiscrimination and equal opportunity regulations replacing its regulation which implemented Section 188 of the Workforce Innovation and Opportunity Act (WIOA). Signed by President Obama on July 22, 2014, WIOA supersedes the Workforce Investment Act of 1998 (WIA) as the Department’s primary mechanism for providing financial assistance for a comprehensive system of job training and placement services for adults and eligible youth. Section 188 of WIOA prohibits the exclusion of an individual from participation in, denial of the benefits of, discrimination in, or denial of employment in the administration of or in connection with, any programs and activities funded or otherwise financially assisted in whole or in part under Title I of WIOA because of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and for beneficiaries only, citizenship status, or participation in a program or activity that receives financial assistance under Title I of WIOA. These proposed regulations would update the nondiscrimination and equal opportunity regulation consistent with current law and address its application to current workforce development and workplace practices and issues. Most of the provisions of WIOA took effect on July 1, 2015, except where otherwise specified in the law. WIOA contains the identical provisions of Section 188 as appeared in WIA, and these WIOA provisions took effect on July 1, 2015. To ensure no regulatory gap while this proposed rulemaking progresses toward a final rule, the Department issued a final rule implementing Section 188 of WIOA, which applies until issuance of the final rule based on this NPRM. The final rule issued separately in July 2015 retains the provisions in part 37 but substitutes all references to WIA with WIOA to reflect the proper statutory authority. This NPRM revises the final rule issued in July 2015. This NPRM generally carries over the policies and procedures found in Department regulations, which implement the equal opportunity and nondiscrimination provisions of WIA and WIOA. Like the final rule issued separately in July 2015, this rule is organized by the same subparts A through E, and refers to “changes” or “revisions” made to the final rule. Certain sections in each subpart have significant revisions. To be assured of consideration, comments must be received on or before March 28, 2016. (To submit comments, visit www.regulations.gov, reference RIN 1291–AA36.)

TEMPORARY RULE: This rule addresses how individual processing quota (IPQ) use caps apply to Bering Sea Chionoecetes bairdi Tanner crab fisheries: The eastern C. bairdi Tanner (EBT) and the western C. bairdi Tanner (WBT). This rule exempts EBT and WBT IPQ crab that is custom processed at a facility through contractual arrangements with the facility owners from being applied against the IPQ use cap of the facility owners. This rule applies to EBT and WBT IPQ crab received for custom processing during the 2015/2016 crab fishing year. Without this rule, substantial amounts of EBT and WBT Class A IFQ crab would remain unharvested, and fishermen, shoreside processors, and communities that participate in the EBT and WBT fisheries have no viable alternatives to mitigate the resulting significant, negative economic effects before the fisheries end for the season. This rule is necessary to temporarily relieve a restriction that is preventing the full harvest of EBT and WBT Class A IFQ crab. This rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs, and other applicable law. Effective January 26, 2016 through June 30, 2016.

PROPOSED RULE: The Department of Veterans Affairs (VA) proposes to amend its regulations concerning Fisher House and other temporary lodging furnished by VA while a veteran is experiencing an episode of care at a VA medical facility. Such lodging is generally furnished to veterans’ relatives, close friends, and caregivers at no cost, because VA’s experience has shown that veterans’ treatment outcomes are improved by having loved ones nearby. The proposed rule updates current regulations and better describes the application process for this lodging. The proposed rule generally reflects current VA policy and practice. Comments must be received by VA on or before March 28, 2016. (To submit comments, visit www.regulations.gov, reference RIN 2900–AP45.)

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