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Federal Register Highlights – 4/13/16

April 13, 2016

Unpublished, time sensitive and proposed rules for April 13, 2016:

PROPOSED RULE: The United States Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) proposes to amend the organic livestock and poultry production requirements by: adding new provisions for livestock handling and transport for slaughter and avian living conditions; and expanding and clarifying existing requirements covering livestock health care practices and mammalian living conditions. Comments must be received by June 13, 2016. (To submit comments, visit www.regulations.gov, reference docket number AMS–NOP–15–0012; NOP–15–06PR, and/or Regulatory Information Number (RIN) 0581–AD44.)

PROPOSED RULE: The United States Consumer Product Safety Commission (“Commission,” “CPSC,” or “we”) is issuing this notice of proposed rulemaking (“NPR”) to update the Commission’s Rules of Practice for Adjudicative Proceedings, (“Rules of Practice” or “Rules”). We are proposing to modernize the Rules of Practice to reflect changes in civil and administrative litigation since adoption of the Rules in 1980. Specifically, we propose changes to the Rules pertaining to discovery, electronic filing, the use of electronically stored information (“ESI”), and updates to the Federal Rules of Civil Procedure (“Federal Rules”), upon which our Rules are based. We also propose to update requirements for pleadings, motions, and motions for summary decisions, clarifications on the computation of time, and clarification on when amendments or supplemental pleadings require Commission approval. Additionally, we propose allowing a Presiding Officer to exercise discretion to avoid unnecessary delay or wasteful discovery and to consolidate cases in their entirety, or partially, for any purpose that serves the ends of justice. We also propose to set deadlines for the issuance of an Initial or Recommended Decision. Finally, we propose to remove outdated references to the Equal Access to Justice Act. We believe the proposed Rules will increase the efficiency of discovery, minimize the potential for delay in adjudicative proceedings, and ensure that, to the extent possible, Commission adjudicative proceedings address and resolve crucial issues of consumer product safety in a fair and impartial manner. This NPR seeks comments on the proposed changes to the Rules. Submit comments by June 13, 2016. (To submit comments, visit www.regulations.gov, reference CPSC Docket No. 2016–0006.)

PROPOSED RULE: EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for three chemical substances which were the subject of premanufacture notices (PMNs). This action would require persons who intend to manufacture (defined by statute to include import) or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs. Comments must be received on or before May 13, 2016. (To submit comments, visit www.regulations.gov, reference docket identification (ID) number EPA–HQ–OPPT–2015–0388.)

RULE: We are adopting a new airworthiness directive (AD) for all 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 a report of blockage of Angle of Attack (AOA) probes during climb, leading to activation of the Alpha Protection (Alpha Prot) while the Mach number increased. This activation could cause a continuous nose-down pitch rate that cannot be stopped with backward sidestick input, even in the full backward position. For certain airplanes, this AD requires replacing certain AOA sensors (probes) with certain new AOA sensors. For certain other airplanes, this AD also requires inspections and functional heat testing of certain AOA sensors for discrepancies, and replacement if necessary. We are issuing this AD to prevent erroneous AOA information and Alpha Prot activation due to blocked AOA probes, which could result in a continuous nose-down command and loss of control of the airplane. This AD becomes effective May 18, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain Airbus Model A300 B4–600, B4–600R, and F4–600R series airplanes, and Model A300 C4–605R Variant F airplanes (collectively called Model A300–600 series airplanes), modified by a particular supplemental type certificate (STC). This AD was prompted by a report of chafing found on the overflow sensor harness of the surge tank, and subsequent contact between the electrical wiring and fuel tank structure. This AD requires a one-time inspection for damage of the outer tank overflow sensor harness, and repair if necessary. This AD also requires modification of the sensor harness. We are issuing this AD to prevent chafing of the harness and subsequent contact between the electrical wiring and fuel tank structure, which could result in electrical arcing and a fuel tank explosion. This AD becomes effective May 18, 2016.

RULE: We are adopting a new airworthiness directive (AD) for Airbus Helicopters Model SA341G and SA342J helicopters. This AD requires repetitive inspections of a certain part-numbered main rotor hub torsion bar (torsion bar). This AD was prompted by several cases of corrosion in the metal strands of the torsion bar. The actions of this AD are intended to detect corrosion and prevent failure of the torsion bar, loss of a main rotor blade, and subsequent loss of control of the helicopter. This AD is effective May 18, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL–600–2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL–600–2D15 (Regional Jet Series 705) airplanes, Model CL–600–2D24 (Regional Jet Series 900) airplanes, and Model CL– 600–2E25 (Regional Jet Series 1000) airplanes. This AD was prompted by the discovery of a number of incorrectly calibrated angle of attack (AOA) transducers installed in the stall protection system. This AD requires replacement of affected AOA transducers. We are issuing this AD to detect and replace incorrectly calibrated AOA transducers; incorrect calibration of the transducers could result in late activation of the stick pusher. This AD is effective May 18, 2016.

RULE: We are superseding airworthiness directive (AD) 92–06–10 for SOCATA Models MS 880B, MS 885, MS 892A–150, MS 892E–150, MS 893A, MS 893E, MS 894A, MS 894E, Rallye 100S, Rallye 150ST, Rallye 150T, Rallye 235E, and Rallye 235C airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as fatigue failure of the nose landing gear wheel axle. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective May 18, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 787–8 airplanes. This AD was prompted by reports indicating that the ram air turbine (RAT) assembly may fail to operate if deployed at low airspeeds. This AD requires replacing either the RAT pump and control module assembly or the entire RAT assembly. We are issuing this AD to prevent failure of the RAT assembly to operate at low air speeds. The volume fuse on the RAT assembly may be activated in- flight before the RAT is deployed. This may lead to improper pump hydraulic pressure offloading when the RAT is needed. Failure of the RAT to operate in an all engine out event would result in loss of control of the airplane. This AD is effective May 18, 2016.

RULE: We are superseding Airworthiness Directive (AD) 2013–22– 11 for certain The Boeing Company Model 747–400 and –400D series airplanes. AD 2013–22–11 required repetitive inspections to detect cracks in the floor panel attachment fastener holes of certain upper deck floor beam upper chords, repetitive inspections, corrective actions if necessary, and replacement of the upper deck floor beam upper chords. Since we issued AD 2013–22–11, we received a report that certain fastener holes in the upper deck floor beam upper chords may not have been inspected in accordance with AD 2013–22–11. This AD adds additional repetitive inspections for cracks for certain airplanes, and corrective actions if necessary. We are issuing this AD to detect and correct fatigue cracking in certain upper chords of the upper deck floor beam. Such cracks could become large and cause the floor beams to become severed and result in rapid decompression or reduced controllability of the airplane. This AD is effective May 18, 2016.

RULE: We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 777–200, –200LR, –300, and –300ER series airplanes. This AD was prompted by reports of fractured forward attach fittings of the inboard flap outboard aft flap track. The fractured fittings were determined to be the result of corrosion pits forming on the inside diameter of the fittings. This AD requires an inspection for the affected part number and serial number of the main flap; various additional repetitive inspections of the fitting, if necessary; and replacement of the fitting or nested bushing installation, if necessary, which would terminate the inspections. This AD also provides an optional terminating action for the repetitive inspections. We are issuing this AD to detect and correct fracture of the fitting, which could result in the loss of the inboard aft flap and could lead to a punctured fuselage, causing injury to the flightcrew and passengers, and damage to the airplane. This AD is effective May 18, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain Airbus Model A330–223F and –243F airplanes. This AD was prompted by a report of missing fasteners in certain locations of the fuselage during production. This AD would require inspecting for missing, damaged, or incorrectly installed fasteners; and corrective actions if necessary. We are issuing this AD to detect and correct cracking of the fuselage due to missing, damaged, or incorrectly installed fasteners, which could result in reduced structural integrity of the fuselage. This AD is effective May 18, 2016.

PROPOSED RULE: The Food Safety and Inspection Service (FSIS) is proposing to add Honduras to the list of countries eligible to export poultry products to the United States. The FSIS review of Honduras’ laws, regulations, and inspection system demonstrated that its poultry slaughter inspection system is equivalent to the system FSIS has established under the Poultry Products Inspection Act (PPIA) and its implementing regulations. At this time, because Honduras advised FSIS that it intends to export raw poultry products, such as whole carcasses, to the United States, FSIS has only assessed Honduras’ poultry slaughter establishments. Thus, should this proposed rule become final, Honduras would only be eligible to export raw poultry products to the United States. Should Honduras express interest in exporting processed poultry product, such as cooked or canned product, to the United States, they would need to request an equivalence determination. Honduras would be required to submit additional records for FSIS to review and conduct an audit as appropriate. Under this proposal, slaughtered poultry or parts thereof produced in certified Honduran establishments would be eligible for export to the United States. All such products would be subject to re-inspection at United States ports of entry by FSIS inspectors. Submit comments on or before June 13, 2016. (To submit comments, visit www.regulations.gov, reference docket number FSIS–2015–0016.)

PROPOSED RULE: This document contains proposed regulations regarding deemed distributions of stock and rights to acquire stock. The proposed regulations would resolve ambiguities concerning the amount and timing of deemed distributions that are or result from adjustments to rights to acquire stock. The proposed regulations also would provide additional guidance to withholding agents regarding their current withholding and information reporting obligations under chapters 3 and 4 with respect to these deemed distributions. The proposed regulations would affect corporations issuing rights to acquire stock, their shareholders and holders of these rights, and withholding agents with respect to these deemed distributions. Written or electronic comments and requests for a public hearing must be received by July 12, 2016. (To submit comments, visit www.regulations.gov, reference docket number IRS–REG–133673–15.)

TEMPORARY RULE: NMFS is opening directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea subarea of the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the B season apportionment of the 2016 total allowable catch (TAC) of Pacific cod allocated to trawl catcher vessels in the BSAI. Effective 1200 hrs, Alaska local time (A.l.t.), April 11, 2016, through 2400 hrs, A.l.t., June 10, 2016.

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