September 8, 2016 – Federal Register Recent Federal Regulation Documents

HUD has submitted the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, in accordance with the Paperwork Reduction Act. The purpose of this notice is to allow for an additional 30 days of public comment.

On June 3, 2016, the Department of State published an interim final rule amending and adding definitions to the International Traffic in Arms Regulations (ITAR) as part of the President's Export Control Reform (ECR) initiative. After review of the public comments to the interim final rule, the Department further amends the ITAR by revising the definition of ``retransfer'' and making other clarifying revisions.

The U.S. Nuclear Regulatory Commission (NRC) received, and is considering approval of, an application filed by AREVA, Inc. on July 25, 2016. The application seeks the NRC's consent to: The indirect transfer of control of special nuclear material License SNM-2015 governing the proposed Eagle Rock uranium enrichment facility (EREF) that may later be constructed and operated; the direct transfer of control of source material License SUA-672 for the Lucky Mc Uranium Mill; and the direct transfer of control of Export Licenses XSOU8780, XSNM3643, and XSNM3722. If approved, the transfer of License SNM-2015 would be from AREVA Enrichment Services LLC (AES), to AREVA Nuclear Materials, LLC. The transfer of License SUA-672 and Export License XSOU8780 would be from AREVA, Inc. to AREVA Nuclear Materials, LLC. The transfer of Export Licenses XSNM3643 and XSNM3722 would be from AREVA, Inc. to TN Americas, LLC. In its application, AREVA, Inc. also requests approval of its proposed conforming amendments to reflect the new names of the ``AREVA Nuclear Materials, LLC'' and ``TN Americas, LLC,'' which would hold the licenses to be transferred if the NRC consents to the transfers.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) for the State of Missouri related to open burning. On November 24, 2009, the Missouri Department of Natural Resources (MDNR) requested to amend the SIP to replace four area specific open burning rules into one rule that is area specific and applicable state-wide. These revisions to Missouri's SIP do not have an adverse effect on air quality as demonstrated in the technical support document (TSD) which is a part of this docket. EPA's proposd approval of these SIP revisions is being done in accordance with the requirements of the Clean Air Act (CAA).

The Department of Justice finalizes its implementation of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management and Budget (OMB) on December 26, 2013.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, and -900 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, crack indications, discrepant fastener holes, and corrosion; and corrective actions if necessary. We are issuing this AD to detect and correct cracks in the aft pressure bulkhead web, which could result in an uncontrolled decompression of the fuselage.

Through the ``Antimicrobial Resistance Rapid, Point-of-Need Diagnostic Test'' Challenge (the ``Challenge''), the National Institutes of Health (NIH) and the Biomedical Advanced Research and Development Authority (BARDA) of the Office of the Assistant Secretary for Preparedness and Response (ASPR) are searching for novel and innovative in vitro diagnostic tests that would rapidly inform clinical treatment decisions and be of potential significant clinical and public health utility to combat the development and spread of antibiotic resistant bacteria. Tests of interest will provide novel, innovative solutions for use in inpatient and/or outpatient settings. The goal of the challenge is to identify a diagnostic test that when utilized would lead to more rapid clinical decision making such that antibiotic use and/or outcomes of patients infected with resistant pathogens are fundamentally improved compared to current standard of care, and/or reduce transmission of resistant pathogens such that population infection rates significantly decrease. The Challenge competition seeks to incentivize a broad range of scientists, engineers, and innovators to develop diagnostic tests that would enable health care providers to make more informed decisions on appropriate antibiotic use and infection prevention. This Challenge, structured in three steps, will complement existing BARDA and NIH research portfolios by reaching out to a diverse population of innovators and solvers, including not only those from academic institutions, but also those from research and development communities in the private sector and others who are outside biomedical disciplines. The NIH and the BARDA believe this Challenge will stimulate investment from both public and private sectors in rapid, point-of-need in vitro diagnostic assay research and product development, which, in turn, could lead to the development of more sensitive, accurate, robust, and cost-effective assay approaches and devices for clinical diagnosis.

We, the U.S. Fish and Wildlife Service (Service), have received an application from Alex Perez (applicant) for a 5-year incidental take permit for the threatened Mojave Desert tortoise pursuant to the Endangered Species Act of 1973, as amended (Act). We are requesting comments on the permit application, the draft Habitat Conservation Plan (HCP), and the preliminary determination that the proposed HCP qualifies as a ``low-effect'' HCP, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. The basis for this determination is discussed in the environmental action statement (EAS) and associated low-effect screening form, which are also available for public review.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A318, A319, A320, and A321 series airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) which indicates that the main landing gear (MLG) does not comply with certification specifications, which could result in a locking failure of the MLG side stay. This proposed AD would require modification or replacement of certain MLG side stay assemblies. We are proposing this AD to prevent possible collapse of the MLG during takeoff and landing.

We, NMFS, are issuing regulations under the Marine Mammal Protection Act (MMPA) to prevent take by protecting humpback whales (Megaptera novaeangliae) from the detrimental effects resulting from approach by humans within 200 nautical miles (370.4 km) of the islands of Hawaii. These regulations are necessary because existing regulations promulgated under the Endangered Species Act (ESA) protecting humpback whales from approach in Hawaii will no longer be in effect upon the effective date of a final rule published elsewhere in today's issue of the Federal Register that separates humpback whales into 14 Distinct Population Segments (DPSs) and identifies the ``Hawaii DPS'' as neither endangered nor threatened. These MMPA regulations prohibit operating an aircraft within 1,000 feet (304.8 m) of a humpback whale, approaching within 100 yards (91.4 m) of a humpback whale by any means, causing a vessel, person or other object to approach within 100 yards (91.4 m) of a humpback whale, or approaching a humpback whale by interception (i.e., placing an aircraft, vessel, person, or other object in the path of a humpback whale so that the whale approaches within a restricted distance). The regulations also prohibit the disruption of normal behavior or prior activity of a humpback whale by any act or omission. Certain vessels and activities are exempt from the prohibition. NMFS finds that there is good cause to waive public notice and comment prior to implementation of these regulations in order to avoid a gap in protections for the whales. However, we are requesting comments on the regulations and Environmental Assessment; NMFS will subsequently publish a final rule with responses to comments and any revisions, if appropriate.

This action establishes Class E airspace in Jetmore, KS. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures developed at Jetmore Municipal Airport, for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A300 B4-600R series airplanes, Model A300 C4-605R Variant F airplanes, and Model A300 F4-600R series airplanes. This proposed AD was prompted by the results of a full stress analysis of the lower area of a certain frame that revealed a crack could occur in the forward fitting lower radius of a certain frame after a certain number of flight cycles. This proposed AD would require an inspection of the lower area of a certain frame radius for cracking, and corrective action if necessary. We are proposing this AD to detect and correct cracking in the forward fitting lower radius of a certain frame. Such cracking could reduce the structural integrity of the fuselage.

We are adopting a new airworthiness directive (AD) for all Gulfstream Aerospace Corporation Model G-1159, G-1159A, G-1159B, G-IV, and GV airplanes; and certain Model GIV-X and GV-SP airplanes. This AD requires a one-time replacement of the actuator end cap fitting of the main landing gear (MLG) door, and revision of the maintenance or inspection program to establish the life limit of the end cap fitting. This AD was prompted by a report of the failure of the right MLG to extend due to fatigue cracking of the end cap fitting. We are issuing this AD to prevent such cracking, which could result in depletion of the combined (left) and utility hydraulic system fluid and the nitrogen emergency blowdown system, failure of the combined (left) hydraulic system (all phases) to provide adequate hydraulic pressure, and failure of the MLG to extend when commanded.

We propose to adopt a new airworthiness directive (AD), for certain Fokker Services B.V. Model F28 Mark 0100 airplanes. This proposed AD was prompted by an analysis which determined that, for certain areas of the fuselage, the current threshold of an Airworthiness Limitations Section inspection is insufficient to detect early crack development. This proposed AD would require one time high and low frequency eddy current inspections of the affected fuselage skin for cracks and repair if necessary. We are proposing this AD to detect and correct cracks in the fuselage skin; such cracking could result in reduced structural integrity of the fuselage.

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. This proposed AD was prompted by a report of incidents involving fatigue cracking in transport category airplanes that are approaching or have exceeded their design service objective and a structural reevaluation by the manufacturer that identified additional structural elements that qualify as structural significant items (SSIs). This proposed AD would require revising the maintenance or inspection program, as applicable, to include inspections that will give no less than the required damage tolerance rating (DTR) for certain SSIs, and repairing any cracked structure. This proposed AD would also require inspections to detect cracks of all SSI structure, and repair if necessary. We are proposing this AD to ensure the continued structural integrity of all The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes.

We propose to adopt a new airworthiness directive (AD) for various aircraft equipped with a BRP-Powertrain GmbH & Co KG (formerly Rotax Aircraft Engines) 912 A series engine. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated 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 a manufacturing defect found in certain carburetor floats. We are issuing this proposed AD to prevent the fuel supply to the affected cylinder from becoming reduced or blocked, which could cause an in-flight engine shutdown and result in a forced landing and damage to the airplane or injury to the occupants.

This action proposes to modify Class D airspace at Georgetown Municipal Airport, Georgetown, TX, and modify Class E airspace extending upward from 700 feet above the surface at Rockport Aransas County Airport, Corpus Christi, TX; Lancaster Airport, Dallas/Fort Worth, TX; Gainesville Municipal Airport, Gainesville, TX; Georgetown Municipal Airport, Georgetown, TX; (Hebbronville, TX) O.S. Wyatt Airport, Realitos, TX; and Jasper County-Bell Field, Jasper, TX. Decommissioning of non-directional radio beacons (NDBs), cancellation of NDB approaches, and implementation of area navigation (RNAV) procedures have made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at these airports. Additionally, the geographic coordinates at Corpus Christi International Airport; the Corpus Christi VORTAC; Aransas County Airport, Rockport, TX; Nueces County Airport, Robstown, TX; Dallas/Fort Worth International Airport, Dallas/Fort Worth, TX; McKinney National Airport, McKinney, TX; Lancaster Airport; Bourland Field Airport, Fort Worth, TX; and Jasper County-Bell Field would be adjusted to coincide with the FAA's aeronautical database. Also, the names of McCampbell- Porter Airport (formerly T.P. McCampbell Airport); McKinney National Airport (formerly Collin County Regional Airport); and Ralph M. Hall/ Rockwall Municipal Airport (formerly Rockwall Municipal Airport) would be updated to coincide with the FAA's aeronautical database.

The Department of State (the Department) proposes to amend requirements for accreditation of agencies and approval of persons to provide adoption services in intercountry adoption cases. The proposed rule includes a new subpart establishing parameters for U.S. accrediting entities to authorize adoption service providers who have received accreditation or approval to provide adoption services in countries designated by the Secretary, which will be known as ``country-specific authorization'' (CSA). Adoption service providers will only be permitted to act as primary providers in a CSA-designated country if they have received CSA for that particular country. The proposed rule also strengthens certain standards for accreditation and approval, including those related to fees and the use of foreign providers. In addition, the proposed rule enhances standards related to preparation of prospective adoptive parents so that they receive more training related to the most common challenges faced by adoptive families, and are better prepared for the needs of the specific child they are adopting. These proposed changes are intended to align the preparation of prospective adoptive parents with the current demographics of children immigrating to the United States through intercountry adoption. Finally, the proposed rule makes the mechanism to submit complaints about adoption service providers available to complainants even if they have not first addressed their complaint directly with the adoption service provider.