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Federal Register Highlights – 10/20/16

October 24, 2016

Unpublished, time-sensitive and proposed rules for October 20, 2016:

TEMPORARY RULE: The Coast Guard has modified a temporary deviation from the operating schedule that governs the S213 (MD 213) Bridge across the Chester River, mile 26.8, at Chestertown, MD. This modified deviation is necessary to perform bridge maintenance. This modified deviation allows the bridge to remain in the closed-to-navigation position. This modified deviation is effective from 6 a.m. on October 30, 2016 through 6 a.m. on November 20, 2016.

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Berkley (U.S. 460/S.R. 337) Bridge across the Elizabeth River, mile 0.4, at Norfolk, VA. The deviation is necessary to facilitate testing of the emergency drive motors. This deviation allows the bridge to remain in the closed-to-navigation position. The deviation is effective from 4 a.m. to 10 a.m. on October 30, 2016.

TEMPORARY RULE: The Coast Guard is establishing a safety zone during the 2016 Fautasi Ocean Challenge canoe race in Pago Pago Harbor, American Samoa, on November 11 and 25, 2016. This action is necessary to safeguard the participants and spectators, including all crews, vessels, and persons on the water in Pago Pago Harbor during the event. This regulation will functionally close the port to vessel traffic during the race, but will not require the evacuation of any vessels from the harbor. Entry into, transiting, or anchoring in the harbor would be prohibited to all vessels not registered with the sponsor as participants or not part of the race patrol, unless specifically authorized by the Captain of the Port (COTP) Honolulu or a designated representative. Vessels who are already moored or anchored in the harbor seeking permission to remain there shall request permission from COTP unless deemed a spectator vessel that is moored to a waterfront facility within the safety zone. This rule is effective from 10:00 a.m. on November 11, 2016 to 4:00 p.m. on November 25, 2016.

RULE: We are superseding Airworthiness Directive (AD) 2012–20– 07 for certain Airbus Model A318, A319, A320, and A321 series airplanes. AD 2012–20–07 required revising the Airworthiness Limitations section (ALS) of the Instructions for Continued Airworthiness (ICA) to incorporate new limitations for fuel tank systems, and revising the maintenance program to incorporate revised fuel maintenance and inspection tasks. This new AD requires revising the maintenance or inspection program to incorporate revised fuel airworthiness limitations. This AD was prompted by Airbus issuing more restrictive maintenance requirements and/or airworthiness 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 a fuel tank explosion and consequent loss of the airplane. This AD is effective November 25, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain Airbus Model A330–200 and –300 series airplanes; and Model A340–200 and –300 series airplanes. This AD was prompted by a determination that the compliance times for certain post-repair inspections and certain allowable damage limits (ADLs) must be reduced in order to address fatigue. This AD requires identifying any repairs and ADLs used to assess or control any structural damage on certain structural areas, and corrective action if necessary. We are issuing this AD to prevent fatigue damage on primary structure and structural repairs, which could result in reduced structural integrity of the airplane. This AD is effective November 25, 2016.

RULE: We are adopting a new airworthiness directive (AD) for Airbus Helicopters Model MBB–BK 117 C–2 helicopters with certain duplex trim actuators installed. This AD requires repetitively inspecting the lateral and longitudinal trim actuator output levers for correct torque of the nuts. This AD was prompted by a design review that indicated the attachment screws can become loose under certain circumstances. These actions are intended to prevent the loss of an attachment screw, which could result in movement of the output lever in an axial direction, contact of a bolt connecting the control rod to an output lever with the actuator housing, and subsequent loss of helicopter control. This AD is effective November 25, 2016.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737–300, –400, and –500 series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the aft pressure bulkhead is subject to widespread fatigue damage (WFD). This AD requires repetitive inspections of the aft pressure bulkhead web for any cracking, incorrectly drilled fastener holes, and elongated fastener holes; and related investigative and corrective actions, if necessary. We are issuing this AD to detect and correct fatigue cracking of the aft pressure bulkhead web at the “Y”-chord, which could result in reduced structural integrity of the airplane and rapid decompression of the fuselage. This AD is effective November 25, 2016.

PROPOSED RULE: The Department of Homeland Security is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the “Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)–023 Border Patrol Enforcement Records (BPER) System of Records” and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. Comments must be received on or before November 21, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. DHS–2016–0070.)

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