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Federal Register Highlights – 5/31/16

May 31, 2016

Unpublished, time-sensitive and proposed rules for May 31, 2016:

TEMPORARY RULE: The Coast Guard has modified a temporary deviation from the operating schedule that governs the S213 (MD213) Bridge across the Chester River, mile 26.8, at Chestertown, MD. This modified deviation is necessary to perform bridge maintenance and repairs. This modified deviation allows the bridge to remain in the closed-to- navigation position. This modified deviation is effective without actual notice from May 31, 2016 through 6 p.m. on July 31, 2016.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Norfolk and Western railroad bridge (Norfolk Southern V6.8 Bridge) across the South Branch of the Elizabeth River, mile 3.6, at Portsmouth-Chesapeake, VA. The deviation is necessary to perform bridge maintenance and repairs. This deviation allows the bridge to remain in the closed-to-navigation position. This deviation is effective from 7 a.m. on June 6, 2016, to 5 p.m. on June 23, 2016.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Metro-North Devon Bridge across the Housatonic River, mile 3.9, at Stratford, Connecticut. This deviation is necessary to allow the bridge owner to perform timber ties and headblocks replacement at the bridge. This deviation is effective from 8 a.m. on May 31, 2016 to 8 a.m. on July 18, 2016.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Stillwater Highway Bridge across the St. Croix River, mile 23.4, at Stillwater, Minnesota. The deviation is necessary due to increased vehicular traffic after a local Independence Day fireworks display. This deviation allows the bridge to remain in the closed-to-navigation position to clear increased vehicular traffic congestion. This deviation is effective from 10 p.m. to 11:30 p.m., July 4, 2016.

TEMPORARY RULE: The Coast Guard is establishing a safety zone on the navigable waters of the Chesapeake Bay in Cape Charles, Virginia. This safety zone will restrict vessel movement in the specified area during a fireworks display. This action is necessary to provide for the safety of life and property on the surrounding navigable waters during the fireworks display. This rule is effective and enforced from 8 p.m. through 8:30 p.m. on July 2, 2016.

TEMPORARY RULE: The Coast Guard is establishing four temporary safety zones for two areas of the Upper Mississippi River (UMR); three safety zones between UMR mile 179.2 and 180.5, and one between UMR mile 839.5 to 840. These temporary safety zones are necessary to protect persons and property from potential damage and safety hazards during fireworks displays on or over the navigable waterway. During the period of enforcement, entry into these safety zones is prohibited unless specifically authorized by the Captain of the Port (COTP) Upper Mississippi River or other designated representative. This rule is effective from 7:45 p.m. on June 2, 2016 until 10:30 p.m. on July 4, 2016.

PROPOSED RULE: The Secretary proposes to amend the regulations implementing programs under title I of the Elementary and Secondary Education Act of 1965 (ESEA) to implement changes to the ESEA by the Every Student Succeeds Act (ESSA) enacted on December 10, 2015. The Secretary also proposes to update the current ESEA general regulations to include requirements for the submission of State plans under ESEA programs, including optional consolidated State plans. We must receive your comments on or before August 1, 2016. (To submit comments, visit www.regulations.gov, reference Docket ID ED–2016–OESE–0032.)

PROPOSED RULE: The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including commercial water heaters, hot water supply boilers, and unfired hot water storage tanks (hereinafter referred to as ‘‘commercial water heating (CWH) equipment’’). EPCA also requires that every 6 years, the U.S. Department of Energy (DOE) must determine whether more-stringent, amended standards would be technologically feasible and economically justified, and would save a significant amount of energy. In this action, DOE has tentatively concluded that there is clear and convincing evidence to support more-stringent standards for several classes of the equipment that are the subject of this rulemaking. DOE did not consider more- stringent standards in this action for commercial oil-fired storage water heaters, whose standards were recently amended. Therefore, DOE proposes amended energy conservation standards for certain commercial water heating equipment, and also announces a public meeting to receive comment on these proposed standards and associated analyses and results. DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) before and after the public meeting, but no later than August 1, 2016. (To submit comments, visit www.regulations.gov, reference Docket Number EERE–2014–BT–STD–0042.)

PROPOSED RULE: Under section 211 of the Clean Air Act, the Environmental Protection Agency (EPA) is required to set renewable fuel percentage standards every year. This action proposes the annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel that would apply to all motor vehicle gasoline and diesel produced or imported in the year 2017. The EPA is proposing a cellulosic biofuel volume that is below the applicable volume specified in the Act. Relying on statutory waiver authorities, the EPA is also proposing to reduce the applicable volumes of advanced biofuel and total renewable fuel. The proposed standards are expected to continue driving the market to overcome constraints in renewable fuel distribution infrastructure, which in turn is expected to lead to substantial growth over time in the production and use of renewable fuels. In this action, we are also proposing the applicable volume of biomass-based diesel for 2018. Comments must be received on or before July 11, 2016. (To submit comments, visit www.regulations.gov, reference  Docket ID No. EPA–HQ–OAR–2016–0004.)

RULE: We are adopting a new airworthiness directive (AD) for Turbomeca S.A. Arriel 1D and 1D1 turboshaft engines with a pre- modification (mod) TU357 gas generator module (M03), installed. This AD requires removing the pre-modification (mod) TU357 gas generator module (M03) and replacing with a part eligible for installation. This AD was prompted by reports of divergent rubbing between the piston shaft small diameter labyrinth and the rear bearing support. We are issuing this AD to prevent failure of the labyrinth seal and engine, in-flight shutdown, and loss of control of the helicopter. This AD becomes effective July 5, 2016.

PROPOSED RULE: The General Services Administration (GSA) is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to address common Commercial Supplier Agreement terms that are inconsistent with or create ambiguity with Federal Law. Interested parties should submit written comments to the Regulatory Secretariat Division on or before August 1, 2016 to be considered in the formation of the final rule. (To submit comments, visit www.regulations.gov, reference GSAR Case 2015–G512.)

PROPOSED RULE: This proposed rule would revise the Indian Housing Block Grant (IHBG) Program allocation formula authorized by section 302 of the Native American Housing Assistance and Self- Determination Act of 1996, as amended (NAHASDA). Through the IHBG Program, HUD provides federal housing assistance for Indian tribes in a manner that recognizes the right of Indian self- determination and tribal self- government. HUD negotiated the proposed rule with active tribal participation and using the procedures of the Negotiated Rulemaking Act of 1990. The proposed regulatory changes reflect the consensus decisions reached by HUD and the tribal representatives on ways to improve and clarify the current regulations governing the IHBG Program formula. Comment Due Date: August 1, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FR–5650–P–12.)

TEMPORARY RULE: NMFS implements accountability measures (AMs) for species and species groups in the exclusive economic zone (EEZ) of the U.S. Caribbean off Puerto Rico for the 2016 fishing year through this temporary rule. NMFS has determined that annual catch limits (ACLs) in the EEZ off Puerto Rico were exceeded for spiny lobster; the commercial sectors for triggerfish and filefish, wrasses, Snapper Unit 2, and parrotfishes; and the recreational sector for jacks, based on average landings during the 2012–2014 fishing years. This temporary rule reduces the lengths of the 2016 fishing seasons for these species and species groups by the amounts necessary to ensure that landings do not exceed the applicable ACLs in 2016. NMFS closes the applicable sectors for these species and species groups beginning on the dates specified below (in the DATES section) and continuing until the end of the fishing year, December 31, 2016. These AMs are necessary to protect the Caribbean reef fish and spiny lobster resources in the EEZ off Puerto Rico. This rule is effective June 30, 2016, until 12:01 a.m., local time, January 1, 2017.

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