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Federal Register Highlights – 4/22/16

April 22, 2016

Unpublished, time-sensitive and proposed rules for April 22, 2016:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Arthur Kill (AK) Railroad Bridge across Arthur Kill, mile 11.6, between Staten Island, New York and Elizabeth, New Jersey. This deviation allows the bridge to remain in the closed position to facilitate bridge inspection. This deviation is effective from 7:28 a.m. on July 16, 2016, to 5:41 p.m. July 24, 2016.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Lehigh Valley Drawbridge across the Newark Bay, mile 4.3, at Jersey City, New Jersey. This deviation is necessary to allow the bridge owner to replace rails and ties at the bridge. This deviation allows the bridge to remain closed for 26 hours for two days. This deviation is effective from 7 a.m. on June 5, 2016 to 7 p.m. on June 13, 2016.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone on the waters of the Intracoastal Waterway in Myrtle Beach, South Carolina on Sunday, April 24, 2016 for the Xterra Swim. The temporary safety zone is necessary for the safety of the swimmers, participant vessels, spectators, and the general public during the event. The temporary safety zone will restrict vessel traffic in a portion of the Intracoastal Waterway, preventing non-participant vessels from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Charleston or a designated representative. This rule is effective on April 24, 2016.

RULE: We are superseding Airworthiness Directive (AD) 2012–17– 13, which applied to certain The Boeing Company Model 707 airplanes, and Model 720 and 720B series airplanes. For certain airplanes, AD 2012–17–13 required using redefined flight cycle counts; determining the type of material of the horizontal stabilizer, rear spar, and upper and lower chords on the inboard and outboard ends of the rear spar; repetitively inspecting for cracking of the horizontal stabilizer components; and repairing or replacing the chord, or modifying chord segments made of 7079 aluminum, if necessary. For all airplanes, AD 2012–17–13 required inspecting certain structurally significant items, and repairing discrepancies if necessary. This new AD adds a requirement to replace all chord segments made of 7079 aluminum with new, improved chord segments made of 7075 aluminum. This AD was prompted by a determination that all chord segments made of 7079 aluminum must be replaced with new, improved chord segments made of 7075 aluminum. We are issuing this AD to detect and correct stress corrosion and potential early fatigue cracking in the horizontal stabilizer, which could result in reduced structural integrity of the horizontal stabilizer. This AD is effective May 27, 2016.

RULE: We are adopting a new airworthiness directive (AD) for The Boeing Company Model 787–8 and 787– 9 airplanes powered by General Electric (GE) GEnx–1B engines. This AD requires revising the airplane flight manual (AFM) to provide the flight crew a revised fan ice removal procedure and a new associated mandatory flight crew briefing to reduce the likelihood of engine damage due to fan ice shedding. This AD also removes certain dispatch relief. For airplanes with certain engines, this AD also requires reworking or replacing at least one engine. This AD was prompted by a recent engine fan blade rub event that caused an in-flight non-restartable power loss. We are issuing this AD to prevent susceptibility to heavy fan blade rubs, which could result in engine damage and a possible in-flight non-restartable power loss of one or both engines. This AD is effective May 9, 2016.

PROPOSED RULE: This NPRM is the third in a series of three related NPRMs that together establishes a set of performance measures for State departments of transportation (State DOT) and Metropolitan Planning Organizations (MPO) to use as required by Moving Ahead for Progress in the 21st Century Act (MAP–21). The measures proposed in this third NPRM would be used by State DOTs and MPOs to assess the performance of the Interstate and non- Interstate National Highway System (NHS) for the purpose of carrying out the National Highway Performance Program (NHPP); to assess freight movement on the Interstate System; and to assess traffic congestion and on-road mobile source emissions for the purpose of carrying out the Congestion Mitigation and Air Quality Improvement (CMAQ) Program. This third performance measure NPRM also includes a discussion that summarizes all three of the national performance management measures proposed rules and the comprehensive regulatory impact analysis (RIA) to include all three NPRMs. Comments must be received on or before August 20, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FHWA–2013–0054.)

PROPOSED RULE: NASA is proposing to amend the NASA Federal Acquisition Regulation Supplement (NFS) to clarify NASA’s award fee process by incorporating terms used in award fee contracting; guidance relative to final award fee evaluations; release of source selection information; and the calculation of the provisional award fee payment percentage in NASA end-item award fee contracts. Comments on the proposed rule should be submitted in writing on or before June 21, 2016, to be considered in the formation of a final rule. (To submit comments, visit www.regulations.gov, reference NFS Case 2016–N008.)

PROPOSED RULE: NMFS proposes regulations under the Tuna Conventions Act to implement Resolution C–15–04 (Resolution on the Conservation of Mobulid Rays Caught in Association with Fisheries in the IATTC Convention Area) of the Inter-American Tropical Tuna Commission (IATTC). Per the Resolution, this rule would prohibit any part or whole carcass of mobulid rays (i.e., the family Mobulidae, which includes manta rays (Manta spp.) and devil rays (Mobula spp.)) caught in the IATTC Convention Area from being retained on board, transshipped, landed, stored, sold, or offered for sale. In accordance with the Resolution, the proposed rule also includes requirements for release of mobulid rays. This proposed rule would also revise related codified text for consistency with the recent amendments to the Tuna Conventions Act. This action is necessary for the United States to satisfy its obligations as a member of the IATTC. Comments on the proposed rule and supporting documents must be submitted in writing by May 23, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. NOAA–NMFS–2016–0035.)

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