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Federal Register Highlights – 6/21/16

June 21, 2016

Unpublished, time-sensitive and proposed rules for June 21, 2016:

PROPOSED RULE: In this document, the Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to amend its regulations governing the importation of distilled spirits, wine, beer and malt beverages, tobacco products, processed tobacco, and cigarette papers and tubes. The proposed amendments are intended to clarify and streamline import procedures, and support the implementation of the International Trade Data System and the filing of import information electronically in conjunction with an electronic import filing with U.S. Customs and Border Protection (CBP). The proposed amendments include providing the option for importers to file import- related data electronically when filing entry or entry summary data electronically with CBP, as an alternative to the current TTB requirements that importers submit paper documents to CBP upon importation. Comments must be received on or before August 22, 2016. (To submit comments, visit, reference Docket No. TTB–2016–0004.)

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone for certain waters of Manchester Bay to be enforced during the Misery Challenge marine event, which will involve swimmers, kayakers, and stand-up paddlers. This safety zone ensures the protection of the event participants, support vessels, and the maritime public from the hazards associated with the event. This regulation prohibits persons and vessels from entering into, transiting through, mooring, or anchoring within this safety zone during periods of enforcement unless authorized by the Coast Guard Sector Boston Captain of the Port (COTP) or the COTP’s designated representative. This rule is effective from 7:00 a.m. to 12:30 p.m. on July 23, 2016.

TEMPORARY RULE: The Coast Guard is establishing a special local regulation on the Atlantic Intracoastal Waterway in Bucksport, South Carolina during the Bucksport/Southeastern Drag Boat Summer Extravaganza, on July 9, 2016 and July 10, 2016. This special local regulation is necessary to ensure the safety of participants, spectators, and the general public during the event. This regulation prohibits persons and vessels from being in the regulated area unless authorized by the Captain of the Port Charleston or a designated representative. This rule is effective from July 9, 2016 through July 10, 2016.

PROPOSED RULE: The Coast Guard proposes to align its commercial fishing industry vessel regulations with the mandatory provisions of 2010 and 2012 legislation passed by Congress that took effect upon enactment. The alignments would change the applicability of current regulations, and add new requirements for safety equipment, vessel examinations, vessel safety standards, the documentation of maintenance, and the termination of unsafe operations. This rule only proposes to implement these legislative mandates, would exercise no Coast Guard regulatory discretion, and would promote the Coast Guard’s maritime safety mission. It does not reflect any provision of the Coast Guard Authorization Act of 2015, but the preamble to this document discusses its likely impact where appropriate. That Act will be the subject of future Coast Guard regulatory action. Comments and related material must be submitted on or before September 19, 2016. (To submit comments, visit, reference Docket No. USCG–2012–0025.)

RULE: We are superseding Airworthiness Directive (AD) 2016–07–30 for all Airbus Model A330–200, –200 Freighter, and –300 series airplanes, and all Airbus Model A340–200, –300, –500, and –600 series airplanes. For certain airplanes, AD 2016–07–30 required replacing certain Angle of Attack (AOA) sensors (probes) with certain new AOA sensors. For certain other airplanes, AD 2016–07–30 also required inspections and functional heat testing of certain AOA sensors for discrepancies, and replacement if necessary. This new AD requires the same actions as AD 2016– 07–30. This new AD was prompted by a report of a typographical error in the regulatory text of AD 2016–07–30. We are issuing this AD to prevent erroneous AOA information and Alpha Protection (Alpha Prot) activation due to blocked AOA probes, which could result in a continuous nose-down command and consequent loss of control of the airplane. This AD is effective July 6, 2016.

RULE: We are superseding airworthiness directive (AD) 2010–11– 10 for all Turbomeca S.A. Astazou XIV B and XIV H turboshaft engines. AD 2010–11–10 requires inspection of certain third stage turbine wheels and removal of any damaged wheel. This AD requires expanding the population and frequency of repetitive inspections. This AD was prompted by a report of a third stage turbine wheel crack detected during engine overhaul. We are issuing this AD to prevent uncontained failure of the third stage turbine wheel, which could result in damage to the engine and damage to the helicopter. This AD is effective July 26, 2016.

PROPOSED RULE: In this document, the Federal Communications Commission (Commission) seeks comment on several specific procedures that will apply in the Phase II auction. Pursuant to the Commission’s existing rules for competitive bidding for universal service support, “[d]etailed competitive bidding procedures shall be established by public notice prior to the commencement of competitive bidding.” With this Further Notice, the Commission begins the process of seeking comment. The Commission seeks comment on three discrete sets of issues relating to the process for determining winning bidders: How to apply weights to the different levels of performance adopted in the Order above; measures to achieve the public interest objective of ensuring appropriate support for all of the states; and measures to achieve the public interest objective of expanding broadband on Tribal lands. Comments are due on or before July 21, 2016 and reply comments are due on or before August 5, 2016. (To submit comments, visit, reference WC Docket No. 10–90, WC Docket No. 14–58 and WC Docket No. 14–259.)

PROPOSED RULE: Congress authorized the Director of the Bureau of Indian Education (BIE) to enter into agreements with third parties to lease the land or facilities of a Bureau-operated school in exchange for funding that benefits the school. This proposed rule establishes standards for the appropriate use of lands and facilities under a lease agreement, provisions for establishment and administration of mechanisms for the acceptance of consideration for the use and benefit of a school, accountability standards to ensure ethical conduct, and provisions for monitoring the amount and terms of consideration received, the manner in which the consideration is used, and any results achieved by such use. Please submit written comments by August 22, 2016. (To submit comments, visit, reference Docket ID: BIA–2014–0007.)

PROPOSED RULE: The NCUA Board (Board) proposes to make several technical amendments to NCUA’s rule governing the Community Development Revolving Loan Fund (CDRLF). The proposed amendments would make the rule more succinct and update it to improve its transparency, organization, and ease of use by credit unions. Comments must be received on or before August 22, 2016. (To submit comments, visit, reference RIN 3133–AE58.)

TEMPORARY RULE: NMFS announces that the State of North Carolina is transferring a portion of its 2016 commercial summer flounder quota to the Commonwealth of Virginia. These quota adjustments are necessary to comply with the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan quota transfer provision. This announcement informs the public of the revised commercial quotas for Virginia and North Carolina. Effective June 20, 2016, through December 31, 2016.

PROPOSED RULE: NMFS proposes regulations to implement the 2016–2018 fishery specifications and management measures for the Atlantic herring fishery. The specifications would set harvest specifications and river herring/ shad catch caps for the herring fishery for the 2016–2018 fishing years as recommended to NMFS by the New England Fishery Management Council. The river herring/shad catch caps are area and gear-specific catch caps for river herring and shad for trips landing more than 6,600 lb (3 mt) of herring. The specifications and management measures are set in order to meet conservation objectives while providing sustainable levels of access to the fishery. Public comments must be received by July 21, 2016. (To submit comments, visit, reference Docket No. NOAA–NMFS–2016–0050.)


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