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Federal Register Highlights – 6/7/16

June 7, 2016

Unpublished, time sensitive and proposed rules for June 7, 2016:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Interstate 5 (I–5) Bridges across the Columbia River, mile 106.5, between Portland, Oregon, and Vancouver, Washington. The deviation is necessary to facilitate the movement of heavier than normal roadway traffic associated with the Independence Day fireworks show near the I–5 Bridges. This deviation allows the bridges to remain in the closed-to- navigation position during the event. This deviation is effective from 9 p.m. to 11:59 p.m. on July 4, 2016.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Hood Canal Floating Drawbridge across Hood Canal (Admiralty Inlet), mile 5.0, near Port Gamble, WA. This deviation allows the bridge to open the Main span half-way, 300 feet; as opposed to a full opening, which is 600 feet to allow for the replacement of bridge anchor cables for this section of the bridge. This deviation is effective from 6 a.m. on August 1, 2016, until 7 p.m. on October 15, 2016.

TEMPORARY RULE: The Coast Guard will establish a special local regulation during the VBC Sprints Regatta event on the James River. The event consists of a series of crew rowing and sculling races to be held on the waters of the James River, near Robious Landing Park in Midlothian, Virginia. This regulated area will restrict vessel traffic and is necessary to provide for the safety of life on the navigable waters during the event. This rule is effective from 8:30 a.m. through 6 p.m. on June 18, 2016.

TEMPORARY RULE: The Coast Guard is establishing two special local regulations for two separate marine events within the Coast Guard Sector Long Island Sound (LIS) Captain of the Port (COTP) Zone. This temporary final rule is necessary to provide for the safety of life on navigable waters during these events. Entry into, transit through, mooring or anchoring within these regulated areas is prohibited unless authorized by COTP Sector Long Island Sound. This rule is effective without actual notice from 12:01 a.m. on June 7, 2016 until 5 p.m. on June 12, 2016.

PROPOSED RULE: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to provide policy and procedures for soliciting offers, evaluating proposals, and awarding contracts for the operation of a military dining facility pursuant to the Randolph-Sheppard Act; the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2007; the Joint Report and Policy Statement issued pursuant to the NDAA for FY 2006; and the Committee for Purchase from People Who Are Blind or Severely Disabled statute. Comments on the proposed rule should be submitted in writing on or before August 8, 2016, to be considered in the formation of the final rule. (To submit comments, visit www.regulations.gov, reference DFARS case 2015–D012.)

PROPOSED RULE: The Department of Energy (DOE or the Department) is proposing to amend its current chronic beryllium disease prevention program regulation. The proposed amendments would improve and strengthen the current provisions and continue to be applicable to DOE Federal and contractor employees who are, were, or potentially were exposed to beryllium at DOE sites. The comment period for this proposed rule will end on September 6, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. AU–RM–11–CBDPP.)

PROPOSED RULE: The Environmental Protection Agency (EPA) proposes to disapprove the portion of a Louisiana State Implementation Plan (SIP) submittal pertaining to interstate transport of air pollution which will significantly contribute to nonattainment or interfere with maintenance of the 2008 ozone National Ambient Air Quality Standards (NAAQS) in other states. Disapproval will establish a 2-year deadline for the EPA to promulgate a Federal Implementation Plan (FIP) for Louisiana to address the Clean Air Act (CAA) interstate transport requirements pertaining to significant contribution to nonattainment and interference with maintenance of the 2008 ozone NAAQS in other states, unless we approve a SIP that meets these requirements. Disapproval does not start a mandatory sanctions clock for Louisiana. Comments must be received on or before July 7, 2016. (To submit comments, visit www.regualtions.gov, reference Docket No. EPA–R06– OAR–2013–0464.)

RULE: We are adopting a new airworthiness directive (AD) for certain Airbus Model A330–200 and –300 series airplanes, Model A330–200 Freighter series airplanes, and Model A340–541 and A340–642 airplanes. This AD was prompted by a report of an under- torqued forward engine mount bolt. This AD requires a one-time torque check of the forward and aft engine mount bolts and corrective actions if necessary. We are issuing this AD to detect and correct improperly torqued engine mount bolts, which could lead to detachment of the engine from the airplane during flight and consequent damage to the airplane and injury to persons on the ground. This AD is effective July 12, 2016.

RULE: We are adopting a new airworthiness directive (AD) for EVEKTOR, spol. s.r.o. Models L 13 SEH VIVAT and L 13 SDM VIVAT gliders (type certificate previously held by AEROTECHNIK s.r.o.). 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 lack of distinct color marking of the elevator drive. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective July 12, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This AD was prompted by a design review that revealed that a wiring failure, external to the center wing fuel tank, could cause a hot short circuit to a maximum level sensor wire, and result in excessive heating of the maximum level sensor element. This AD requires modifying the wiring of the maximum level sensors in the center wing fuel tank, performing after-installation tests, and corrective action if necessary. This AD also requires revising the airplane maintenance or inspection program to incorporate fuel airworthiness limitation items and critical design configuration control limitations. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. This AD becomes effective July 12, 2016.

RULE: We are adopting a new airworthiness directive (AD) for all Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. This AD was prompted by the need for more restrictive fuel system airworthiness limitations. This AD requires revising the maintenance program or inspection program, as applicable, to incorporate certain fuel system airworthiness limitations. We are issuing this AD to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. This AD is effective July 12, 2016.

RULE: We are adopting a new airworthiness directive (AD) for all Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This AD was prompted by the need for more restrictive airworthiness limitations. This AD requires revising the maintenance or inspection program, as applicable, to incorporate certain maintenance requirement tasks, thresholds, and intervals. We are issuing this AD to reduce the potential for significant failure conditions and consequent loss of controllability of the airplane. This AD is effective July 12, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 777–200 and –300 series airplanes equipped with Pratt and Whitney engines. This AD was prompted by reports of blocked drain lines at the engine forward strut that caused flammable fluid to accumulate in a flammable leakage zone. This AD requires doing the following actions on the left strut and right strut: A one-time cleaning of certain forward strut drain lines; installing new forward strut drain lines and insulation blankets; a leak check of the forward strut drain lines; and repair if any leak is found. This AD also requires revising the maintenance or inspection program, as applicable, to incorporate a certain airworthiness limitation. We are issuing this AD to prevent blockage of forward strut drain lines. This condition could cause flammable fluids to collect in the forward strut area and potentially cause an uncontrolled fire or cause failure of engine attachment structure and consequent airplane loss. This AD is effective July 12, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 787–8 airplanes. This AD was prompted by a report of wire chafing caused by a left wing spoiler actuator wire not having enough separation from a certain bracket when the spoiler is in the deployed position. This AD requires measuring the separation between a certain electro-mechanical actuator wire of the left wing, spoiler 4, and the support bracket of the flap variable camber trim unit; and related investigative and corrective actions if necessary. We are issuing this AD to detect and correct wire chafing. Such chafing could result in an electrical short and potential fire in a flammable fluid leakage zone and possible loss of several functions essential for safe flight. This AD is effective July 12, 2016.

RULE: We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 787 airplanes. This AD was prompted by the disclosure that the inner diameters of some batches of landing gear pins were not shot peened in accordance with design specifications, and need to be replaced. This AD requires inspection for improperly manufactured landing gear pins, and replacement if necessary. We are issuing this AD to detect and correct insufficient shot peening that could lead to stress corrosion cracking and failure of the landing gear pin, and cause landing gear collapse and inability to control the airplane at high speeds on the ground. This AD is effective July 12, 2016.

PROPOSED RULE: This document invites interested parties to update and refresh the record on the status of potential sharing solutions between proposed Unlicensed National Information Infrastructure (U–NII) devices and Dedicated Short Range Communications (DSRC) operations in the 5.850–5.925 GHz (U–NII–4) band. The Commission also solicits the submittal of prototype unlicensed interference-avoiding devices for testing, and seeks comment on a proposed FCC test plan to evaluate electromagnetic compatibility of unlicensed devices and DSRC. The collection of relevant empirical data will assist the FCC, the Department of Transportation, and the National Telecommunications and Information Administration in their ongoing collaboration to analyze and quantify the interference potential introduced to DSRC receivers from unlicensed transmitters operating simultaneously in the 5.850–5.925 GHz band. Comments are due on or before July 7, 2016, and reply comments are due on or before July 22, 2016. (Submit comments in writing to: Howard Griboff, Office of Engineering and Technology, (202) 418–0657, email: Howard.Griboff@fcc.gov, or Aole Wilkins, Office of Engineering and Technology, (202) 418–2406, email: Aole.Wilkins@fcc.gov; TTY (202) 418– 2989.)

PROPOSED RULE: FMCSA revises the Federal Motor Carrier Safety Regulations (FMCSRs) by requiring passengers in property-carrying commercial motor vehicles (CMVs) to use the seat belt assembly whenever the vehicles are operated on public roads in interstate commerce. This rule holds motor carriers and drivers responsible for ensuring that passengers riding in the property-carrying CMV are using the seat belts required by the Federal Motor Vehicle Safety Standards (FMVSSs). This rule is effective August 8, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FMCSA–2015–0396.)

PROPOSED RULE: In accordance with the Marine Mammal Protection Act of 1972, as amended, and its implementing regulations, we, the U.S. Fish and Wildlife Service, propose incidental take regulations (ITR) that authorize the nonlethal, incidental, unintentional take of small numbers of Pacific walruses (Odobenus rosmarus divergens) and polar bears (Ursus maritimus) during oil and gas industry activities in the Beaufort Sea and adjacent northern coast of Alaska. Industry operations include similar types of activities covered by the previous 5-year Beaufort Sea ITR effective from August 3, 2011, through August 3, 2016; this rule would also be effective for 5 years. If this rule is finalized, we will issue Letters of Authorization, upon request, for specific proposed activities in accordance with the regulations. We intend that any final action resulting from this proposed rule will be as accurate and as effective as possible. Therefore, we request comments or suggestions on these proposed regulations. We will consider comments we receive on or before July 7, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FWS–R7–ES–2016–0060.)

PROPOSED RULE: In this rule, the Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) to remove the Special Iraq Reconstruction License (SIRL) from the EAR. The action, if published in final form, would further the objectives of the Retrospective Regulatory Review Initiative that directs BIS and other federal agencies to streamline regulations and reduce unnecessary regulatory burdens on the public. Specifically, the SIRL is outdated and seldom used by exporters, who now have more efficient options for exports and re-exports to Iraq and transfers (in- country) in Iraq. This rule also makes conforming changes. Comments must be received by July 7, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. BIS– 2016–0017.)

PROPOSED RULE: In this rule, NMFS proposes to adjust the 2016 fishing season quotas for North and South Atlantic swordfish based upon 2015 commercial quota under-harvests and international quota transfers consistent with the International Commission for the Conservation of Atlantic Tunas (ICCAT) Recommendations 13–02 and 13–03. The rule also discusses our intent to simplify the annual North and South Atlantic quota adjustment process when the adjustment simply applies a previously-adopted formula or measure. Finally, the proposed rule would remove extraneous regulatory text about the percentage of the annual baseline quota allocation that may be carried over in a given year. This proposed rule could affect commercial and recreational fishing for swordfish in the Atlantic Ocean, including the Caribbean Sea and Gulf of Mexico. This action implements ICCAT recommendations, consistent with the Atlantic Tunas Convention Act (ATCA), and furthers domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Written comments must be received by July 7, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. NOAA–NMFS–2016–0051.)

PROPOSED RULE: The Bureau of Prisons (Bureau) proposes changes to its regulations on compassionate release, including changing the title to “Reduction in Sentence in Extraordinary and Compelling Circumstances”; deleting language which indicates that the Bureau will only allow reductions in sentence for circumstances “which could not reasonably have been foreseen by the court at the time of sentencing”; and modifying and adding language to clarify the ineligibility of certain inmates for reductions in sentence and the eligibility of District of Columbia Code felony inmates (D.C. Code felony inmates) for medical and geriatric release. Written comments must be submitted on or before August 8, 2016. (Submit comments in writing to: Rules Unit, Office of General Counsel, Bureau of Prisons, 320 First Street NW., Washington, DC 20534.)

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