September 2016 – Federal Register Recent Federal Regulation Documents

OSHA is considering revising and updating its safety standards that address access and egress (including stairways and ladders), fall and falling object protection, and scaffolds in shipbuilding, ship repair, shipbreaking, and other shipyard related employment (collectively referred to as ``shipyard employment'' in this document). The Agency has not updated these standards since adopting them in 1971. To assist with this determination, OSHA requests comment, information and data on a number of issues, including: The workplace hazards these standards address, particularly fall hazards; the current practices employers in shipyard employment use to protect workers from those hazards; any advances in technology since OSHA adopted the standards in subpart E; and the revisions and updates to subpart E that stakeholders recommend. OSHA will use the information received in response to this RFI to determine what action, if any, it may take.

We are adopting a new airworthiness directive (AD) for certain Airbus Model A300 B4-203 and A300 B4-2C airplanes. This AD was prompted by cracks found on pylon side panels (upper section) at rib 8. This AD requires a detailed inspection for crack indications of the pylon side panels; a high frequency eddy current (HFEC) inspection to confirm any crack indications; and repair of any cracking, or modification of the pylon side panels, and repetitive inspections and repair if necessary. We are issuing this AD to detect and correct cracking of the pylon side panels. Such cracking could result in pylon structural failure and in- flight loss of an engine.

We, NMFS, are making technical amendments to and recodifying Alaska humpback whale approach regulations within the Code of Federal Regulations (CFR) with only minor, technical revisions. Specifically, we are recodifying the regulations that apply to ``Endangered Marine and Anadromous Species'' so that they also appear in ``Threatened Marine and Anadromous Species''. This action is necessary to reflect the change in the Endangered Species Act (ESA) listing status of humpback whales, whereby some populations of humpback whales will now be classified as endangered species and one will be classified as a threatened species. In addition, we are adding the Alaska approach regulations to the regulations governing the taking and importing of marine mammals under the Marine Mammal Protection Act (MMPA) to clarify that protections are in effect for all humpback whales that may occur in or transit through the waters surrounding Alaska, including those that are not ESA-listed. This clarification reflects that the approach regulations were originally adopted under the MMPA as well as the ESA. We are also making minor changes to the language of the existing regulations to modernize language and update citations to relevant authorities.

We, NMFS, issue a final determination to revise the listing status of the humpback whale (Megaptera novaeangliae) under the Endangered Species Act (ESA). We divide the globally listed endangered species into 14 distinct population segments (DPS), remove the current species-level listing, and in its place list four DPSs as endangered and one DPS as threatened. Based on their current statuses, the remaining nine DPSs do not warrant listing. At this time, we find that critical habitat is not determinable for the three listed DPSs that occur in U.S. waters (Western North Pacific, Mexico, Central America); we will consider designating critical habitat for these three DPSs in a separate rulemaking.

This action establishes Class E airspace in Lakota, ND. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures developed at Lakota 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 Saab AB, Saab Aeronautics Model SAAB 2000 airplanes. This proposed AD was prompted by an occurrence that was reported of rudder pedal restriction on a SAAB Model 2000 airplane with the large potable water system (LPWS) installed, equipped with in-line heaters. This proposed AD would require installation of shrinkable tubes on the water piping of the basic potable water system (BPWS). We are proposing this AD to prevent water spray in case of a failed pipe or coupling during water filling on the ground. This condition, if not corrected, could freeze parts of the flight control system possibly resulting in reduced control of the airplane.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767-200, -300, and -400ER series airplanes. This AD was prompted by multiple reports of uncommanded escape slide inflation. This AD requires modifying the escape slide regulator valves of the forward-entry door, forward-service door, aft-entry door, and aft-service door, and as applicable, modifying the escape slide regulator valves of the mid-entry door and mid-service door. We are issuing this AD to prevent out-of-tolerance trigger mechanism components (sector and sear) in the escape slide regulator valves, which can produce insufficient trigger engagement and reduced pull force values, possibly leading to uncommanded deployment of the slide during normal airplane maintenance or operation. This condition could result in injury to passengers and crew, damage to equipment, and the slide becoming unusable in an emergency evacuation.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-300, -400, and -500 series airplanes. This proposed AD was prompted by reports of cracks in horizontal stabilizer lower skins. This proposed AD would require repetitive inspections for cracking of the horizontal stabilizer lower skin, and corrective actions if necessary. This proposed AD also provides actions that would terminate certain repetitive inspections. We are proposing this AD to detect and correct cracks in horizontal stabilizer lower skins resulting in reduced local stiffness of the horizontal stabilizer, which can cause heavy vibration leading to loss of structural integrity of the horizontal stabilizer.

We are adopting a new airworthiness directive (AD) for certain Airbus Model A318, A319, and A320 series airplanes. This AD was prompted by reports of chafing damage on the fuselage skin at the bottom of certain frames, underneath the fairing structure. This AD requires repetitive detailed inspections for damage on the fuselage skin at certain frames, and applicable related investigative and corrective actions. We are issuing this AD to detect and correct damage to the fuselage skin, which could lead to crack initiation and propagation, possibly resulting in reduced structural integrity of the fuselage.

This action proposes to modify Class E airspace extending upward from 700 feet above the surface at Kings Land O' Lakes Airport, Land O' Lakes, WI; Manitowish Waters Airport, Manitowish Waters, WI; Merrill Municipal Airport, Merrill, WI; Oconto-J. Douglas Bake Municipal Airport, Oconto, WI; Price County Airport, Phillips, WI; Platteville Municipal Airport, Platteville, WI; Solon Springs Municipal Airport, Solon Springs, WI; Richard I. Bong Airport, Superior, WI; and West Bend Municipal Airport, West Bend, WI. 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 for Kings Land O' Lakes Airport; Manitowish Waters Airport; Oconto-J. Douglas Bake Municipal Airport; and Solon Springs Municipal Airport would be adjusted to coincide with the FAA's aeronautical database. The name of Oconto-J. Douglas Bake Municipal Airport (formerly Oconto Municipal Airport) also would be updated.

This action proposes to modify Class E airspace extending upward from 700 feet above the surface at James G. Whiting Memorial Field Airport, Mapleton, IA. Decommissioning of the Mapleton non- directional radio beacon (NDB), 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 the airport.

We are adopting a new airworthiness directive (AD) for certain Saab AB, Saab Aeronautics Model SAAB 2000 airplanes. This AD was prompted by a report that on some airplanes, during the paint removal process for repainting the airplane, the basic corrosion protection (anodizing and primer) coating was sanded down to bare metal on the aluminum skin panels, and the bare metal might not have been treated correctly for corrosion prevention. This AD requires an inspection of structural components of the airplane for any damaged protective coating; inspections of those areas for pitting corrosion, if necessary; a thickness measurement to determine if there is reduced skin thickness, if necessary; and repair, if necessary. We are issuing this AD to detect and correct damaged protective coatings. This condition could result in pitting corrosion damage; and reduced metal thickness, which could result in reduced static and fatigue strength of the airplane's structural parts.

The Coast Guard will enforce safety zone regulations for a fireworks display taking place offshore the Virginia Beach oceanfront in the vicinity of the 20th Street, Virginia Beach, VA, on October 1, 2016. This action is necessary to ensure safety of life on navigable waters during this event. Our regulation for Recurring Marine Events within the Fifth Coast Guard District identifies the regulated area for this fireworks display event. During the enforcement period, no person or vessel may enter, transit through, anchor in, or remain within the regulated area without approval from the Captain of the Port Hampton Roads or a designated representative.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2012 that revises the sections of title 10 of the United States Code (U.S.C.) that address technical data rights and validation of proprietary data restrictions. The comment period on the proposed rule is extended 16 days.

The Environmental Protection Agency (EPA) is approving a modification of the ocean dredged material disposal site (ODMDS) offshore of Charleston, South Carolina pursuant to the Marine Protection, Research and Sanctuaries Act, as amended (MPRSA). The primary purpose for the site modification is to serve the long-term need for a location to dispose of material dredged from the Charleston Harbor federal navigation channel, and to provide a location for the disposal of dredged material for persons who have received a permit for such disposal. The modified site will be subject to ongoing monitoring and management to ensure continued protection of the marine environment. In addition, the EPA now issues a technical amendment to correct a clerical error in the proposed rule.

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing our final decision on a petition for rulemaking that was submitted by WildEarth Guardians. The petition requested that we revise our current regulations to better ensure that self-bonded companies provide sufficient information to guarantee that reclamation obligations are adequately met and that the self-bonded entity is financially solvent. The Director has decided to grant the petition, although we do not intend to propose the specific rule changes requested in the petition. We will initiate a rulemaking to address this issue as discussed more fully below.

The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding eighty-one entities under eighty-six entries to the Entity List. The eighty-one entities who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These entities will be listed on the Entity List under the destinations of the Crimea region of Ukraine, Hong Kong, India, and Russia.

The Coast Guard is changing the comment period on the advance notice of proposed rulemaking (ANPRM) it published June 9, 2016, regarding anchorage grounds on the Hudson River from Yonkers, NY, to Kingston, NY. Comments will now be due on or before December 6, 2016 instead of September 7, 2016. As of August 29, 2016, the Coast Guard has received more than 2,100 public submissions from many interested persons commenting on the ANPRM. We are extending the comment period to continue encouraging this important public discussion.

This document seeks comment on the proposed amendment of Title X regulations specifying the requirements Title X projects must meet to be eligible for awards. The amendment precludes project recipients from using criteria in their selection of subrecipients that are unrelated to the ability to deliver services to program beneficiaries in an effective manner.

The Surface Transportation Board (Board) is seeking comments and suggestions through this Advance Notice of Proposed Rulemaking (ANPR) regarding the Board's effort to develop a new rate reasonableness methodology for use in very small disputes, which would be available to shippers of all commodities.

The Federal Trade Commission (``FTC'' or ``Commission'') requests public comment on its Standards for Safeguarding Customer Information (``Safeguards Rule'' or ``Rule''). The Commission is soliciting comment as part of the FTC's systematic review of all current Commission regulations and guides.

NHTSA and FMCSA are proposing regulations that would require vehicles with a gross vehicle weight rating of more than 11,793.4 kilograms (26,000 pounds) to be equipped with a speed limiting device initially set to a speed no greater than a speed to be specified in a final rule and would require motor carriers operating such vehicles in interstate commerce to maintain functional speed limiting devices set to a speed no greater than a speed to be specified in the final rule for the service life of the vehicle. Specifically, NHTSA is proposing to establish a new Federal motor vehicle safety standard (FMVSS) requiring that each new multipurpose passenger vehicle, truck, bus and school bus with a gross vehicle weight rating (GVWR) of more than 11,793.4 kilograms (26,000 pounds) be equipped with a speed limiting device. The proposed FMVSS would also require each vehicle, as manufactured and sold, to have its device set to a speed not greater than a specified speed and to be equipped with means of reading the vehicle's current speed setting and the two previous speed settings (including the time and date the settings were changed) through its On-Board Diagnostic connection. FMCSA is proposing a complementary Federal motor carrier safety regulation (FMCSR) requiring each commercial motor vehicle (CMV) with a GVWR of more than 11,793.4 kilograms (26,000 pounds) to be equipped with a speed limiting device meeting the requirements of the proposed FMVSS applicable to the vehicle at the time of manufacture, including the requirement that the device be set to a speed not greater than a specified speed. Motor carriers operating such vehicles in interstate commerce would be required to maintain the speed limiting devices for the service life of the vehicle. Based on the agencies' review of the available data, limiting the speed of these heavy vehicles would reduce the severity of crashes involving these vehicles and reduce the resulting fatalities and injuries. We expect that, as a result of this joint rulemaking, virtually all of these vehicles would be limited to that speed.

We are revising Airworthiness Directive (AD) 2016-17-04, which applies to all hot air balloons equipped with BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. Model Kub[iacute][ccaron]ek burners. Both the original and revised AD result from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. This AD action revises AD 2016-17-04 to eliminate certain unnecessary documentation requirements.

With the issuance of this final rule, the Drug Enforcement Administration places quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (PB-22; QUPIC), quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3- carboxylate (5-fluoro-PB-22; 5F-PB-22), N-(1-amino-3-methyl-1-oxobutan- 2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (AB-FUBINACA) and N- (1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3 - carboxamide (ADB-PINACA), including their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, into schedule I of the Controlled Substances Act. This scheduling action is pursuant to the Controlled Substances Act which requires that such actions be made on the record after opportunity for a hearing through formal rulemaking. This action imposes the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess), or propose to handle PB-22, 5F-PB-22, AB- FUBINACA, or ADB-PINACA.

The Food and Drug Administration (FDA, we, or the Agency) is issuing this final rule establishing that certain active ingredients used in over-the-counter (OTC) consumer antiseptic products intended for use with water (referred to throughout this document as consumer antiseptic washes) are not generally recognized as safe and effective (GRAS/GRAE) and are misbranded. FDA is issuing this final rule after considering the recommendations of the Nonprescription Drugs Advisory Committee (NDAC); public comments on the Agency's notices of proposed rulemaking; and all data and information on OTC consumer antiseptic wash products that have come to the Agency's attention. This final rule amends the 1994 tentative final monograph (TFM) for OTC antiseptic drug products that published in the Federal Register of June 17, 1994 (the 1994 TFM). The final rule is part of the ongoing review of OTC drug products conducted by FDA.