Unknown. Final rule; technical amendment

3,027 words·~14 min read·/register/2016/01/04/2015-32998

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-01-04.xml --- 81 1 Monday, January 4, 2016 Contents Agriculture Agriculture Department See Food and Nutrition Service See Forest Service Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 91-92 2015-33092 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 92-93 2015-32965 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 93-94 2015-32969 Coast Guard Coast Guard RULES Drawbridge Operations: Three Mile Slough, Rio Vista, CA, 10-11 2015-33070 Safety Zones: Intracoastal Waterway; Lake Charles, LA, 11-13 2015-33072 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Bank Secrecy Act/Money Laundering Risk Assessment, 143-144 2015-33023 Consumer Product Consumer Product Safety Commission RULES When Component Part Testing Can Be Used and Which Textile Products Have Been Determined Not to Exceed the Allowable Lead Content Limits: Amendment; Delay of Effective Date; and Reopening of Comment Period, 2-3 2015-33068 Defense Department Defense Department See Engineers Corps See Navy Department Education Department Education Department NOTICES Credit Enhancement for Charter School Facilities Program, 84-85 2015-33091 Membership of the Performance Review Board, 85 2015-33088 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Corte Madera Creek Flood Control Project General Reevaluation Report and Integrated EIS/EIR, County of Marin, CA, 82 2015-33065 Intake Diversion Dam Fish Passage Project, Dawson County, MT, 82-84 2015-33066 Environmental Protection Environmental Protection Agency RULES Final Regulatory Determinations: Contaminants on the Third Drinking Water Contaminant Candidate List, 13-19 2015-32760 Federal Aviation Federal Aviation Administration RULES Pilot Certification and Qualification Requirements for Air Carrier Operations;

Technical Amendment, 1-2 2015-32998 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 22-24 2015-32906 Bombardier, Inc. Airplanes, 32-34 2015-32888 Dassault Aviation, 28-30 2015-32891 Fokker Services B.V. Airplanes, 34-41 2015-32904 2015-32905 Technify Motors GmbH Reciprocating Engines, 27-28 2015-32962 The Boeing Company Airplanes, 24-27 2015-32903 Turbomeca S.A. Turboshaft Engines, 30-32 2015-32963 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Airport Grant Program, 139-140 2015-33058 Specific Release Form, 139 2015-33060 Suspected Unapproved Parts Notification, 138 2015-33059 Meetings: RTCA Special Committee

(209)ATCRBS/Mode S Transponder MOPS (Joint with EUROCAE WG-49, EUROCAE WG-51 Subgroup 1, and RTCA SC-186 Working Group 3), 138-139 2015-33063 RTCA Special Committee

(214)Standards for Air Traffic Data Communication Services (Joint with EUROCAE WG-78), 140 2015-33061 RTCA Special Committee

(224)Airport Security Access Control Systems, 140 2015-33064 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 86-87 2015-33030 Environmental Assessments; Availability, etc.: East Tennessee Natural Gas, LLC, Proposed Loudon Expansion Project, 89-90 2015-33031 UGI Sunbury, LLC, Proposed Sunbury Pipeline Project, 85-86 2015-33032 Investigations and Refund Effective Dates: ISO New England Inc. Participating Transmission Owners Administrative Committee, 89 2015-33034 Meetings: Revised Critical Infrastructure Protection Reliability Standards; Supplemental Agenda and Discussion Topics for Staff Technical Conference, 87-88 2015-33035 Requests under Blanket Authorizations: National Fuel Gas Supply Corp., 90-91 2015-33033 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 91 2015-33017 Food and Drug Food and Drug Administration RULES Indirect Food Additives: Paper and Paperboard Components, 5-8 2015-33026 PROPOSED RULES Filings of Food Additive Petitions: Center for Science in the Public Interest, Natural Resources Defense Council, Center for Food Safety, Consumers Union, Improving Kids' Environment, Center for Environmental Health, Environmental Working Group, Environmental Defense Fund, and James Huff, 42-44 2015-33011 NOTICES Draft Guidance for Industry and Staff: Unique Device Identification, Convenience Kits; Availability, 94-95 2015-33008 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regional Office Administered Program Child Nutrition Payment Center for the National School Lunch, School Breakfast, and Special Milk Programs, 61-62 2015-33027 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 98 2015-33105 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Expansion of Subzones: Foreign-Trade Zone 78—Nashville, TN; Nissan North America, Inc., 63 2015-32780 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Craggy Vegetation Management Project, Klamath National Forest, CA, 62-63 2015-32522 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard Interior Interior Department See National Park Service See Reclamation Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Advance Notification of Sunset Reviews, 74-75 2015-33054 Circular Welded Carbon-Quality Steel Pipe from Pakistan, 63 2015-33057 Opportunity to Request Administrative Review, 67-69 2015-33055 Determination of Sales at Less than Fair Value: Certain Corrosion-Resistant Steel Products from India, 63-67 2015-32758 Certain Corrosion-Resistant Steel Products from Italy, 69-72 2015-32759 Certain Corrosion-Resistant Steel Products from Taiwan, 72-74 2015-32761 Certain Corrosion-Resistant Steel Products from the People's Republic of China, 75-78 2015-32763 Certain Corrosion-Resistant Steel Products from the Republic of Korea, 78-81 2015-32762 International Trade Com International Trade Commission NOTICES Complaints: Certain Computing or Graphics Systems, Components Thereof, and Vehicles Containing Same, 96-98 2015-33050 Justice Department Justice Department See Foreign Claims Settlement Commission National Highway National Highway Traffic Safety Administration PROPOSED RULES Confidential Business Information, 47-60 2015-32585 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Recruitment and Debriefing of Human Subjects for Head-Up Displays and Distraction Potential, 141-142 2015-33022 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 95-96 2015-32974 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries, 19-21 2015-32288 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 82 2015-33045 Pacific Fishery Management Council, 81-82 2015-33046 Science Advisory Board, 81 2015-32928 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 96 2015-32999 Navy Navy Department RULES International Regulations for Preventing Collisions at Sea; Certifications and Exemptions, 8-10 2015-33012 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Construction Permit Applications: Northwest Medical Isotopes, LLC, 101-102 2015-33025 Direct Transfers of Licenses; Applications: Crystal River Nuclear Generating Plant, Unit 3, 98-101 2015-33024 Meetings; Sunshine Act, 98 2015-33130 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 102-114 2015-32975 2015-32976 2015-32977 2015-32978 2015-32979 2015-32980 2015-32981 2015-32982 2015-32983 2015-32984 2015-32992 2015-32993 2015-32994 2015-32995 2015-32996 2015-32997 2015-33076 2015-33077 2015-33078 2015-33079 2015-33080 2015-33081 Postal Service Postal Service NOTICES Product Changes: Priority Mail and First-Class Package Service Negotiated Service Agreement, 114-116 2015-33001 2015-33003 2015-33005 Priority Mail Express and Priority Mail Negotiated Service Agreement, 114-115 2015-33002 2015-33004 Priority Mail Express Negotiated Service Agreement, 115 2015-33010 Priority Mail Negotiated Service Agreement, 115-116 2015-33000 2015-33006 2015-33007 2015-33009 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Intake Diversion Dam Fish Passage Project, Dawson County, MT, 82-84 2015-33066 Securities Securities and Exchange Commission RULES Adoption of Updated EDGAR Filer Manual, 3-5 2015-32985 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 120-129 2015-32986 EDGA Exchange, Inc., 129-131 2015-32987 EDGX Exchange, Inc., 119-120 2015-32988 NASDAQ OMX PHLX, LLC, 116-118 2015-32990 NASDAQ Stock Market LLC, 131-135 2015-32989 Options Clearing Corp., 135-138 2015-32991 Suspension of Trading Orders: Zhong Wen International Holding Co., Ltd., 135 2015-33028 Trading Suspension Orders: Changda International Holdings, Inc., 118 2015-33029 China Domestica Bio-technology Holdings, Inc., 129 2015-33139 USA Graphite, Inc., 116 2015-33138 Social Social Security Administration PROPOSED RULES Achieving a Better Life Experience Act: Workers' Compensation Offset from Age 65 to Full Retirement Age, 41-42 2015-33036 State Department State Department PROPOSED RULES Electronic and Information Technology, 44-47 2015-32485 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Union Pacific Railroad Co., McLennan County, TX, 142-143 2015-32968 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency Veteran Affairs Veterans Affairs Department NOTICES Meetings: Commission on Care, 144 2015-33051 MyVA Federal Advisory Committee, 144 2015-33040 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 81 1 Monday, January 4, 2016 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 61, 121, and 135 [Docket No. FAA-2010-0100; Amdt. Nos. 61-130C, 121-365B, 135-127B] RIN 2120-AJ67 Pilot Certification and Qualification Requirements for Air Carrier Operations; Technical Amendment AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; technical amendment. SUMMARY: The FAA is correcting a final rule published on July 15, 2013. In that rule, the FAA amended its regulations to create new certification and qualification requirements for pilots in air carrier operations. The FAA unintentionally required without notice and comment that if a certificate holder conducting part 135 operations who has voluntarily chosen and been authorized to comply with the part 121 training and qualification requirements, a pilot serving as a second in command in part 135 for that certificate holder is required to have an airline transport pilot certificate and an aircraft type rating. This document corrects those errors and makes several additional miscellaneous corrections to part 61 and a cross-reference error in part 121. DATES: *Effective:* January 4, 2016. FOR FURTHER INFORMATION CONTACT: Barbara Adams, Air Transportation Division, AFS-200, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone

(202)267-8166; email *barbara.adams@faa.gov.* SUPPLEMENTARY INFORMATION: Background On July 15, 2013, the FAA published a final rule entitled, “Pilot Certification and Qualification Requirements for Air Carrier Operations” (78 FR 42324). In that final rule, which became effective July 15, 2013, the FAA revised the pilot certificate requirements for a second in command

(SIC)in part 121 operations. Section 121.436(b) requires the SIC to hold an ATP certificate and an aircraft type rating for the airplane flown. The FAA intended these certification requirements to apply only to pilots serving in part 121 operations. Existing § 135.3(c) states, however, that if authorized by the Administrator upon application, each certificate holder that conducts operations under part 135 to which § 135.3(b) does not apply, 1 may comply with the applicable sections of subparts N and O of part 121 instead of the requirements of subparts E, G, and H of part 135. 2 1 Section 135.3(b) states that each certificate holder that conducts commuter operations under part 135 with airplanes in which two pilots are required by the aircraft type certificate must comply with subparts N and O of part 121 instead of the requirements of subparts E, G, and H of part 135. 2 The regulation contains a provision that allows the certificate holder to comply with the operating experience requirements of § 135.244 instead of the requirements of § 121.434. Each certificate holder conducting part 135 operations who has voluntarily chosen and been authorized to comply with the part 121 training and qualification requirements, is required to comply with Subparts N and O of part 121. Because the certification requirements in § 121.436 are located in subpart O of part 121, an SIC in those operations is now required by reference to hold an ATP certificate and an aircraft type rating. The FAA did not discuss this issue in the preamble to the final rule nor did the FAA intend to impose this requirement on certificate holders conducting part 135 operations who have voluntarily chosen and been authorized to comply with the part 121 training and qualification requirements. Technical Amendment Because the FAA did not intend to impose additional requirements on SICs serving in part 135 operations in which the certificate holder has voluntarily chosen and been authorized to comply with the part 121 training and qualification requirements, the FAA is revising § 135.3(c) to clarify that an SIC in those part 135 operations does not need to comply with § 121.436(b) but may continue to hold a commercial pilot certificate with an instrument rating. The FAA is also making three minor corrections that have been identified since publication of the final rule. In § 61.155(d), the FAA is making it clear that the training required by § 61.156 is only required for those pilots seeking an ATP certificate in the airplane category with a multiengine class rating. In § 61.165(f)(2), the FAA is clarifying that a knowledge test applicable to multiengine airplanes is required only if the pilot does not have valid ATP airplane knowledge test results that were taken prior to August 1, 2014. This correction is necessary to be consistent with the eligibility requirements in § 61.153, which is referenced in § 61.165(f)(1). The FAA notes that until July 31, 2016, pilots will be able to use the same ATP-airplane knowledge test with passing results taken prior to August 1, 2014, for both the ATP airplane single-engine class rating and multiengine class rating practical tests. In § 61.167(a)(2), the FAA is correcting the inadvertent exclusion of helicopter pilots that hold an ATP certificate in the rotorcraft category from the privilege of instructing. Finally, the FAA is correcting a cross-reference error. In § 121.431, the FAA is correcting the cross-reference in paragraph (a)(1) to reflect § 135.244 rather than § 135.344. Because these amendments clarify existing requirements and result in no substantive change, the FAA finds that the notice and public procedures under 5 U.S.C. 553(b) are unnecessary. For the same reason, the FAA finds good cause exists under 5 U.S.C. 553(d)(3) to make the amendments effective in less than 30 days. List of Subjects 14 CFR Part 61 Aircraft, Airmen, Aviation safety. 14 CFR Part 121 Air carriers, Aircraft, Airmen, Aviation safety. 14 CFR Part 135 Air taxis, Aircraft, Airmen, Aviation safety. Correcting Amendment In consideration of the foregoing, the Federal Aviation Administration is amending chapter I of title 14, Code of Federal Regulations as follows: PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS 1. The authority citation for part 61 continues to read as follows: Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 44709-44711, 44729, 45102-45103, 45301-45302. 2. In § 61.155, revise paragraph

(d)to read as follows: § 61.155 Aeronautical knowledge.

(d)An applicant who successfully completes the knowledge test for an airline transport pilot certificate prior to August 1, 2014, must successfully complete the practical test within 24 months from the month in which the knowledge test was successfully completed. An applicant who passes the knowledge test prior to August 1, 2014, but fails to successfully complete the airplane category with a multiengine class rating practical test within 24 months must complete the airline transport pilot certification training program specified in § 61.156 and retake the knowledge test prior to applying for the airplane category with a multiengine class rating practical test. 3. In § 61.165, revise paragraph (f)(2) to read as follows: § 61.165 Additional aircraft category and class ratings.

(f)* * *

(2)After July 31, 2014, pass a required knowledge test on the aeronautical knowledge areas of § 61.155(c), as applicable to multiengine airplanes; unless a pilot can present valid airline transport pilot knowledge test results from a test taken prior to August 1, 2014. 4. In § 61.167, revise paragraph (a)(2) introductory text to read as follows: § 61.167 Airline transport pilot privileges and limitations.

(a)* * *

(2)A person who holds an airline transport pilot certificate and has met the aeronautical experience requirements of § 61.159 or § 61.161, and the age requirements of § 61.153(a)(1) of this part may instruct— PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS 7. The authority citation for part 121 continues to read as follows: Authority: 49 U.S.C. 106(f), 106(g), 40113, 40119, 41706, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44729, 44732, 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C. 44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 note). 8. In § 121.431, revise paragraph (a)(1) to read as follows: § 121.431 Applicability.

(a)* * *

(1)Prescribes crewmember qualifications for all certificate holders except where otherwise specified. The qualification requirements of this subpart also apply to each certificate holder that conducts commuter operations under part 135 of this chapter with airplanes for which two pilots are required by the aircraft type certification rules of this chapter. The Administrator may authorize any other certificate holder that conducts operations under part 135 of this chapter to comply with the training and qualification requirements of this subpart instead of subparts E, G, and H of part 135 of this chapter, except that these certificate holders may choose to comply with the operating experience requirements of § 135.244 of this chapter, instead of the requirements of § 121.434. Notwithstanding the requirements of this subpart, a pilot serving under part 135 of this chapter as second in command may meet the requirements of § 135.245 instead of the requirements of § 121.436; and PART 135—OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT 9. The authority citation for part 135 continues to read as follows: Authority: 49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702, 44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105; Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730). 10. In § 135.3, revise paragraph

(c)to read as follows: § 135.3 Rules applicable to operations subject to this part.

(c)If authorized by the Administrator upon application, each certificate holder that conducts operations under this part to which paragraph

(b)of this section does not apply, may comply with the applicable sections of subparts N and O of part 121 instead of the requirements of subparts E, G, and H of this part, except that those authorized certificate holders may choose to comply with the operating experience requirements of § 135.244, instead of the requirements of § 121.434 of this chapter. Notwithstanding the requirements of this paragraph, a pilot serving under this part as second in command may meet the requirements of § 135.245 instead of the requirements of § 121.436. Issued in Washington, DC under the authority provided by 49 U.S.C. 106(f), 44701(a) and Secs. 216-217, Public Law 111-216, 124 Stat. 2348 on December 23, 2015. Lirio Liu, Director, Office of Rulemaking. [FR Doc. 2015-32998 Filed 12-31-15; 8:45 am]

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