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Federal Register Highlights – 3/10/16

March 10, 2016

Unpublished, time-sensitive and proposed rules for March 10, 2016:

PROPOSED RULE: This proposed rule would implement a recommendation from the California Desert Grape Administrative Committee (Committee) to increase the assessment rate established for the 2016 and subsequent fiscal periods from $0.0250 to $0.0300 per 18-pound lug of grapes handled under the marketing order (order). The Committee locally administers the order, and is comprised of producers and handlers of grapes grown in a designated area of southeastern California. Assessments upon grape handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period began on January 1 and ends December 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated. Comments must be received by March 25, 2016. (To submit comments, visit, reference Docket No. AMS–SC–15–0077.)

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone for all waters of the Upper Mississippi River (UMR) from mile 321.4 to mile 321.6. The safety zone is needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with work being completed on new power lines across the river. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP). Deviation from the safety zone may be requested and will be considered on a case-by-case basis as specifically authorized by the COTP or a designated representative. This rule is effective from 7:00 a.m. until 5:00 p.m. daily beginning on March 21, 2016 through April 1, 2016.

RULE: We are superseding airworthiness directive (AD) 2013–11–13 for all Rolls-Royce plc (RR) Viper Mk. 601–22 turbojet engines. AD 2013– 11–13 required reducing the life of certain critical parts. This AD adds two new engine models and additional engine parts to the applicability. This AD was prompted by a determination by RR that additional parts for the RR Viper Mk. 601–22 as well as additional engine models are affected. We are issuing this AD to prevent failure of life-limited parts, which could lead to an uncontained part release, damage to the engine, and damage to the airplane. This AD is effective April 14, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain Turbomeca S.A. Arriel 2B, 2B1, 2C, 2C1, 2C2, 2D, 2E, 2S1, and 2S2 turboshaft engines. This AD requires inspection, and, depending on the results, removal of the engine accessory gearbox (AGB). This AD was prompted by a report of an uncommanded in-flight shutdown (IFSD) of an Arriel 2 engine caused by rupture of the 41-tooth gear, which forms part of the bevel gear in the engine AGB. We are issuing this AD to prevent failure of the engine AGB, which could lead to in-flight shutdown, damage to the engine, and damage to the aircraft. This AD becomes effective April 14, 2016.

PROPOSED RULE: FinCEN, a bureau of the Department of the Treasury (‘‘Treasury’’), is proposing to revise the regulations implementing the Bank Secrecy Act (‘‘BSA’’) regarding Reports of Foreign Bank and Financial Accounts (‘‘FBAR’’). The proposed rule would expand and clarify the exemptions for certain U.S. persons with signature or other authority over foreign financial accounts. In addition, the proposed rule would remove the special rules permitting limited account information to be reported when a U.S. person has financial interest in or signature authority over 25 or more foreign financial accounts. The proposed rule would also make several other changes, including a change to the filing date for FBAR reports due in 2017 and a revision to reflect electronic filing of FBARs. Written comments on the notice of proposed rulemaking may be submitted on or before May 9, 2016. (To submit comments, visit, reference RIN 1506–AB26.)

PROPOSED RULE: The Food and Drug Administration (FDA or Agency) is proposing to classify posterior cervical screw systems into class II (special controls) and to continue to require premarket notification to provide a reasonable assurance of safety and effectiveness of the device. A posterior cervical screw system is a prescription device used to provide immobilization and stabilization in the cervical spine as an adjunct to spinal fusion surgery. The term “posterior cervical screw systems” is used to distinguish these devices from currently classified pedicle screw spinal systems cleared for use in other spinal regions. Submit either electronic or written comments by June 8, 2016. (To submit comments, visit, reference Docket No. FDA–2015–N–3785.)

PROPOSED RULE: NHTSA is proposing to amend Federal Motor Vehicle Safety Standard (FMVSS) No. 305, “Electric- powered vehicles: Electrolyte spillage and electrical shock protection,” to adopt various electrical safety requirements in Global Technical Regulation (GTR) No. 13, “Hydrogen and fuel cell vehicles.” To expand the standard’s performance requirements beyond post-crash conditions, NHTSA proposes to adopt electrical safety requirements to protect against direct and indirect contact of high voltage sources during everyday operation of electric-powered vehicles. Also, NHTSA proposes to adopt an optional method of meeting post-crash electrical safety requirements consistent with that set forth in GTR No. 13 involving use of physical barriers to prevent direct or indirect contact (by occupants or emergency services personnel) with high voltage sources. Today’s proposal would facilitate the introduction of new technologies including hydrogen fuel cell vehicles and 48-volt mild hybrid technologies, and responds not only to GTR No. 13 but also to petitions for rulemaking from Toyota Motor North America Inc. (Toyota) and the Auto Alliance (Alliance). Comments must be received on or before May 9, 2016. (To submit comments, visit, reference Docket No. NHTSA–2016–0029.)

TEMPORARY RULE: NMFS is closing the commercial fishery for blacktip sharks and the aggregated large coastal sharks (LCS) and hammerhead shark management groups in the western Gulf of Mexico sub-region. This action is necessary because the commercial landings of aggregated LCS and hammerhead sharks in the western Gulf of Mexico sub-region for the 2016 fishing season have exceeded 80 percent of the available commercial quota as of March 4, 2016, and the aggregated LCS and hammerhead shark management groups are quota-linked under the current regulations. The blacktip shark fishery in the western Gulf of Mexico sub-region will be closed to minimize regulatory discards of aggregate LCS in the western Gulf of Mexico sub-region, which are often caught in conjunction with blacktip sharks in the commercial shark fisheries. This closure will affect anyone commercially fishing for sharks in the western Gulf of Mexico sub- region. The commercial fishery for blacktip sharks and the aggregated LCS and hammerhead shark management groups in the western Gulf of Mexico sub-region are closed effective 11:30 p.m. local time March 12, 2016, until the end of the 2016 fishing season on December 31, 2016, or until and if NMFS announces via a notice in the Federal Register that additional quota is available and the season is reopened.

TEMPORARY RULE: NMFS implements accountability measures (AMs) for Atlantic migratory group cobia that are not sold (recreational) in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects that recreational landings of Atlantic migratory group cobia will reach the recreational annual catch target (ACT) by June 20, 2016. Therefore, NMFS closes the recreational sector for Atlantic migratory group cobia on June 20, 2016, and it will remain closed for the remainder of the fishing year through December 31, 2016. This closure is necessary to protect the resource of Atlantic migratory group cobia. This rule is effective from 12:01 a.m., local time, June 20, 2016, until 12:01 a.m., local time, January 1, 2017.

PROPOSED RULE: NMFS issues this proposed rule for the 2016 Pacific whiting fishery under the authority of the Pacific Coast Groundfish Fishery Management Plan (FMP), the Magnuson Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and the Pacific Whiting Act of 2006. This proposed rule would allocate 17.5% of the U.S. Total Allowable Catch of Pacific whiting for 2016 to Pacific Coast Indian tribes that have a Treaty right to harvest groundfish. Comments on this proposed rule must be received no later than April 11, 2016. (To submit comments, visit, reference NOAA–NMFS–2016–0009.)


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