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Federal Register Highlights – 10/7/16

October 12, 2016

Unpublished, time-sensitive and proposed rules for October 7, 2016:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Leon C. Simon Blvd. (Seabrook) (aka Senator Ted Hickey) bascule bridge across the Inner Harbor Navigation Canal, mile 4.6, at New Orleans, Orleans Parish, Louisiana. The deviation is necessary to accommodate The USA Triathlon National Championships, a New Orleans event. This deviation allows the bridge to remain closed-to-navigation for ten hours on Saturday and eight hours on Sunday. This deviation is effective from 7 a.m. on November 5, 2016 through 3 p.m. on November 6, 2016.

PROPOSED RULE: The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Defense (DoD) propose discharge performance standards for 11 discharges incidental to the normal operation of a vessel of the Armed Forces into the navigable waters of the United States, the territorial seas, and the contiguous zone. When implemented, the proposed discharge performance standards would reduce the adverse environmental impacts associated with the vessel discharges, stimulate the development of improved vessel pollution control devices, and advance the development of environmentally sound vessels of the Armed Forces. The 11 discharges addressed by the proposed rule are the following: catapult water brake tank and post-launch retraction exhaust, controllable pitch propeller hydraulic fluid, deck runoff, firemain systems, graywater, hull coating leachate, motor gasoline and compensating discharge, sonar dome discharge, submarine bilgewater, surface vessel bilgewater/oil-water separator effluent, and underwater ship husbandry. Comments must be received on or before December 6, 2016. (To submit comments, visit, reference Docket No. EPA–HQ–OW–2016–0351.)

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747–400, 747–400D, and 747–400F series airplanes. This AD was prompted by a determination that a certain fastener type in the fuel tank walls has insufficient bond to the structure, and an electrical wiring short could cause arcing to occur at the ends of fasteners in the fuel tanks. This AD requires the installation of new clamps and polytetrafluoroethylene (TFE) sleeves on the wire bundles of the front spars and rear spars of the wings. This AD also requires inspecting the existing TFE sleeves under the wire bundle clamps for correct installation, and replacement if necessary. We are issuing this AD to prevent potential ignition sources in the fuel tank in the event of a lightning strike or high-powered short circuit, and consequent fire or explosion. This AD is effective November 14, 2016.

PROPOSED RULE: The Federal Aviation Administration proposes to modify the requirements primarily applicable to air carriers conducting domestic, flag and supplemental operations to enhance the professional development of pilots in those operations. The proposal would require air carriers conducting domestic, flag and supplemental operations to provide new-hire pilots with an opportunity to observe flight operations (operations familiarization) to become familiar with procedures before serving as a flightcrew member in operations; revise the upgrade curriculum; provide leadership and command and mentoring training for all pilots in command (PICs); and establish Pilot Professional Development Committees (PPDC). This proposal is responsive to a statutory requirement for the Federal Aviation Administration to convene an aviation rulemaking committee (ARC) to develop procedures for air carriers pertaining to pilot mentoring, professional development, and leadership and command training and to issue an NPRM and final rule based on these recommendations. The proposal also includes a number of additional conforming changes related to flight simulation training devices and second in command (SIC) pilot training and checking, and other miscellaneous changes. The FAA believes that this proposed rule would mitigate incidents of unprofessional pilot behavior which would reduce pilot errors that can lead to a catastrophic event. Send comments on or before January 5, 2017. (To submit comments, visit, reference Docket No.: FAA–2014–0504.)

TEMPORARY RULE: NMFS is temporarily reopening the U.S. pelagic longline fishery for bigeye tuna for vessels over 24 meters in overall length in the eastern Pacific Ocean (EPO) because part of the 500 metric ton (mt) catch limit remains available after NMFS closed the fishery on July 25, 2016. This action will allow U.S. vessels to access the remainder of the catch limit, which was established by the Inter-American Tropical Tuna Commission (IATTC) in Resolution C–13–01. The reopening is effective October 4, 2016 until the effective date of a notice of closure which will be published in the Federal Register, or through 11:59 p.m. local time December 31, 2016, whichever comes first.

PROPOSED RULE: OSHA is proposing to add two modified PortaCount® quantitative fit-testing protocols to its Respiratory Protection Standard. The proposed protocols would apply to employers in general industry, shipyard employment, and the construction industry. Both proposed protocols are variations of the existing OSHA-accepted PortaCount® protocol, but differ from it by the exercise sets, exercise duration, and sampling sequence. If approved, the modified PortaCount® protocols would be alternatives to the existing quantitative fit-testing protocols already listed in an appendix of the Respiratory Protection Standard. In addition, OSHA is proposing to amend an appendix to clarify that PortaCount® fit test devices equipped with the N95-Companion™ Technology are covered by the approved PortaCount® protocols. Submit comments to this proposal, including comments to the information collection (paperwork) requirements, by December 6, 2016. (To submit comments, visit, reference Docket No. OSHA–2015–0015.)

PROPOSED RULE: The U.S. Small Business Administration (SBA) is proposing to amend the rules of practice of its Office of Hearings and Appeals (OHA) to implement Section 869 of the National Defense Authorization Act for Fiscal Year 2016. This legislation authorizes OHA to decide Petitions for Reconsideration of Size Standards. This rule also proposes to revise the rules of practice for OHA appeals of agency employee grievances. Comments must be received on or before December 6, 2016. (To submit comments, visit, reference RIN 3245–AG82.)


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