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Federal Register Highlights – 9/15/16

September 15, 2016

Unpublished, time-sensitive and proposed rules for September 15, 2016:

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone for navigable waters within a 700-yard radius on the surface and 1400-yard radius underwater of the Navy underwater detonation operations in the waters of Apra Outer Harbor, Guam. The Coast Guard believes this safety zone regulation is necessary to protect all persons and vessel that would otherwise transit or be within the affected areas from possible safety hazards associated with underwater detonation operations. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port Guam. This rule is effective without actual notice from September 15, 2016 until September 16, 2016.

TEMPORARY RULE: The Coast Guard is establishing a special local regulation for all navigable waters, near mile marker 4.5 of the Morgan City Port Allen route to extend north and south 1000 feet of Russo’s boat launch on the Atchafalaya River. The special local regulation is necessary to protect participants and spectators from the hazards associated with the Battle of the Basin power boat race. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Morgan City or a designated representative. This rule is effective from 10 a.m. on September 24, 2016 through 7 p.m. September 25, 2016.

PROPOSED RULE: The United States Copyright Office (“Office”) is proposing new rules related to personally identifiable information (“PII”) that may be found in the Office’s registration records. First, the proposed rule will allow an author, claimant of record, or the authorized agent of the author or claimant of record, to request the removal of certain PII that is requested by the Office and collected on a registration application, such as home addresses or personal phone numbers, from the Office’s internet-accessible public catalog, while retaining it in the Office’s offline records as required by law. Second, the proposed rule will codify an existing practice regarding extraneous PII that applicants erroneously include on registration applications even though the Office has not requested it, such as driver’s license numbers, social security numbers, banking information, and credit card information. Under the proposed rule, the Office would, upon request, remove such extraneous PII both from the Office’s internet- accessible public catalog and its offline records. Written comments must be received no later than 11:59 p.m. Eastern Time on October 17, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. 2016–7.)

PROPOSED RULE: The Drug Enforcement Administration is proposing to update its regulations for the import and export of tableting and encapsulating machines, controlled substances, and listed chemicals, and its regulations relating to reports required for domestic transactions in listed chemicals, gamma- hydroxybutyric acid, and tableting and encapsulating machines. In accordance with Executive Order 13563, the Drug Enforcement Administration has reviewed its import and export regulations and reporting requirements for domestic transactions in listed chemicals (and gamma-hydroxybutyric acid) and tableting and encapsulating machines, and evaluated them for clarity, consistency, continued accuracy, and effectiveness. The proposed amendments clarify certain policies and reflect current procedures and technological advancements. The amendments also allow for the implementation, as applicable to tableting and encapsulating machines, controlled substances, and listed chemicals, of the President’s Executive Order 13659 on streamlining the export/ import process and requiring the government-wide utilization of the International Trade Data System. This proposal additionally contains amendments that would implement recent changes to the Controlled Substances Import and Export Act (CSIEA) for reexportation of controlled substances among members of the European Economic Area made by the Improving Regulatory Transparency for New Medical Therapies Act. The proposal includes additional substantive and technical amendments. Electronic comments must be submitted, and written comments must be postmarked, on or before October 17, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. DEA–403.)

RULE: We are adopting a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model A109A, A109A II, A109C, A109E, A109K2, A109S, and AW109SP helicopters. This AD requires visually inspecting the tail rotor drive shaft assembly (drive shaft) for a crack. This AD was prompted by the discovery of three cracks on the drive shaft of a Model A109S helicopter. The actions of this AD are intended to detect a crack on the drive shaft to prevent failure of the driveshaft, failure of the tail rotor, and subsequent loss of helicopter control. This AD is effective October 20, 2016.

RULE: We are superseding Airworthiness Directive (AD) 90–11–05 for certain Airbus Model A300 B2–1C, B2K–3C, B2–203, B4–2C, B4–103, and B4–203 airplanes and Model A300 B4– 600 series airplanes. AD 90–11–05 required repetitive detailed inspections for cracking in the aft hinge brackets of the outer shroud box that is located in the outer wing box, and related investigative and corrective actions if necessary. This new AD changes certain compliance times and adds airplanes to the applicability. This AD was prompted by reports of cracks in the aft hinge brackets of the outer shroud box that is located in the outer wing box, which were found during routine maintenance checks, and our subsequent determination that a change in inspection compliance times is needed. We are issuing this AD to detect and correct cracking of the aft hinge brackets of the outer shroud box; such cracking could affect the structural integrity of the airplane. This AD becomes effective October 20, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain ATR—GIE Avions de Transport Régional Model ATR42–500 and Model ATR72–212A airplanes. This AD was prompted by a report indicating that interference occurred between a Type III Emergency Exit door and the surrounding passenger cabin furnishing during a production check. This AD requires measuring the gap between the Type III Emergency Exit doors and certain overhead stowage compartment fittings; removing certain fittings from the overhead stowage compartments and measuring the gap between the Type III Emergency Exit doors and the overhead stowage compartment hooks, if necessary; re-installing or repairing, as applicable, the Type III Emergency Exit doors; and modifying the overhead stowage compartments. We are issuing this AD to prevent interference between a Type III Emergency Exit door and the overhead stowage compartment fitting installed on the rail, which could result in obstructed opening of a Type III Emergency Exit door during an emergency evacuation. This AD is effective October 20, 2016.

PROPOSED RULE: We, the U.S. Fish and Wildlife Service (Service), propose to list Chorizanthe parryi var. fernandina (San Fernando Valley spineflower), a plant species from southern California, as a threatened species under the Endangered Species Act of 1973, as amended (Act). If we finalize this rule as proposed, it would extend the Act’s protections to this species. This document also serves as the 90-day and 12-month findings on two petitions to list C. parryi var. fernandina as an endangered species. We will accept comments received or postmarked on or before November 14, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. FWS–R8–ES–2016–0078.)

PROPOSED RULE: The Commission is issuing this proposed rulemaking which amends some existing rules concerning attributable costing. The primary purpose of this rulemaking is to make conforming changes to rules that specifically define or describe attributable costs, pursuant to Commission Order No. 3506. This notice informs the public of the docket’s initiation, invites public comment, and takes other administrative steps. Comments are due on or before October 17, 2016. (To submit comments, visit the Postal Regulatory Commission’s Online Filing System at www.prc.gov, reference Docket No. RM2016–13.)

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