August 2017 – Federal Register Recent Federal Regulation Documents

The Federal Communications Commission (Commission) adopted a comprehensive reorganization of and update to the rules governing the Personal Radio Services (PRS). PRS provides for a wide variety of wireless devices that are used by the general public for personal communication uses, which include applications like walkie-talkies, radio controlled model toys, Personal Locator Beacons (PLBs), medical implant devices and other uses. In addition to the comprehensive review and update of the rules to reflect modern practices, the Commission enhanced the General Mobile Radio Service (GMRS) to allow new digital applications, allot additional interstitial channels and extend the license term from five to ten years. It also allotted additional channels to the Family Radio Service (FRS) and increased the power on certain FRS channels from 0.5 Watts to two Watts. It also updated the CB Radio Service to allow hands-free headsets, removed a restriction on communicating over long distances and removed other outdated requirements. These changes and others outlined below will update PRS rules to be more in line with current public demands for the services and will make the rules easier to read and find information, while also removing outdated requirements and removing unnecessary rules.

This rule amends the geographic boundaries of three nonappropriated fund (NAF) Federal Wage System (FWS) wage areas. Based on consensus recommendations of the Federal Prevailing Rate Advisory Committee (FPRAC), the U.S. Office of Personnel Management (OPM) is defining Brown County, Wisconsin, as an area of application county to the Lake, Illinois, NAF FWS wage area; Forsyth County, North Carolina, as an area of application to the Cumberland, NC, NAF FWS wage area; and Mecklenburg County, NC, as an area of application to the Richland, South Carolina, NAF FWS wage area. These changes are necessary because there are NAF FWS employees working in these three counties, and the counties are not currently defined in regulation to NAF wage areas.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the I-64 (High Rise) Bridge across the Atlantic Intracoastal Waterway, Southern Branch of the Elizabeth River, mile 7.1, at Chesapeake, VA. The deviation is necessary to facilitate routine maintenance. This deviation allows the bridge to remain in the closed-to-navigation position.

The Coast Guard has modified a temporary deviation from the operating schedule that governs the Hutchinson River Parkway Bridge across the Hutchinson River, mile 0.9 at New York, New York. This deviation is necessary to complete application of protective coating on the bridge as well as maintenance of operating machinery. This modified deviation allows the bridge to remain in the closed-to-navigation position for periods of up to two weeks in order to expedite work efforts.

We are adopting a new airworthiness directive (AD) for certain Rolls-Royce plc (RR) Trent XWB-75, Trent XWB-79, Trent XWB-79B, and Trent XWB-84 turbofan engines. This AD requires inspection of the intermediate-pressure (IP) turbine stage 2 locking plates. This AD was prompted by a report of several IP turbine stage 2 locking plates cracked during module assembly. We are issuing this AD to correct the unsafe condition on these products.

This action modifies Class E airspace extending up to 700 feet above the surface at Pauls Valley Municipal Airport, Pauls Valley, OK. Airspace reconfiguration is necessary due to the decommissioning of the Pauls Valley non-directional radio beacon (NDB), and cancellation of the NDB approach. This action enhances the safety and management of standard instrument approach procedures for instrument flight rules (IFR) operations at the airport.

This action proposes to modify VHF Omnidirectional Range (VOR) Federal airways V-56 and V-209, in the vicinity of Kewanee, AL. This action is necessary due to the planned decommissioning of the Kewanee, AL, VORTAC navigation aid, which provides navigation guidance for segments of the routes. This proposal would provide for the safe and efficient use of navigable airspace within the National Airspace System.

On March 22, 2011, and April 20, 2011, the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), submitted revisions to the Kentucky State Implementation Plan (SIP) on behalf of the Louisville Metro Air Pollution Control District (District). The Environmental Protection Agency (EPA) is approving the April 20, 2011, submittal and the portions of the March 22, 2011, submittal concerning changes to the District's stationary source emissions monitoring and reporting requirements because the Commonwealth has demonstrated that these changes are consistent with the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) proposes to approve the state implementation plan (SIP) revision submitted by the State of Maryland. This revision incorporates by reference a Maryland Department of the Environment (MDE) order that establishes an alternative volatile organic compound (VOC) emission standard for National Gypsum Company (NGC) to ensure that it remains a minor VOC source. In the Final Rules section of this issue of the Federal Register, EPA is approving Maryland's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

NMFS partially approves and implements through regulations measures included in the Mid-Atlantic Unmanaged Forage Omnibus Amendment, as adopted by the Mid-Atlantic Fishery Management Council and approved by NMFS on June 13, 2017. The purpose of this action is to prevent the development of new, and the expansion of existing, commercial fisheries on certain forage species until the Council has adequate opportunity and information to evaluate the potential impacts of forage fish harvest on existing fisheries, fishing communities, and the marine ecosystem. This final rule implements an annual landing limit, possession limits, and permitting and reporting requirements for Atlantic chub mackerel and certain previously unmanaged forage species and species groups caught within Mid-Atlantic Federal waters; allows vessels to transit Mid-Atlantic Federal waters with forage species caught in other areas; and identifies measures that can be revised through a future framework adjustment.

This action amends the airspace description of Class E airspace extending upward from 700 feet or more above the surface at Mason Jewett Field, Mason, MI, removing the exclusionary language contained in the airspace description referencing Skyway Estates Airport, Eaton Rapids, MI, and to bring the airspace description in compliance with FAA Order 7400.2L, Procedures for Handling Airspace Matters.

This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Madras Municipal Airport, Madras, OR, amending the airspace for the safety and management of instrument flight rules (IFR) operations within the National Airspace System. The airspace designation was inadvertently removed from FAA Order 7400.9X on June 20, 2014.

The Environmental Protection Agency (EPA) is approving revisions to the Commonwealth of Virginia state implementation plan (SIP). The revisions amend Virginia's major source New Source Review (NSR) regulations to make them consistent with the federal program. EPA is approving these revisions to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767 airplanes. This AD was prompted by a report of cracking of the vertical stiffener in the nose wheel well. This AD requires repetitive inspections of the nose wheel well bulkhead stiffener for any cracking, and corrective actions if necessary. We are issuing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for certain Saab AB, Saab Aeronautics Model 340A (SAAB/SF340A) airplanes. This AD was prompted by the discovery of circuit breakers of unsuitable strength that fail to protect the system from an overcurrent. This AD requires replacing certain circuit breakers. We are issuing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for all Airbus Model A310-203, -221, -222, -304, -322, -324, and -325 airplanes. This AD was prompted by an evaluation by the design approval holder indicating that the wing bottom skin at the main landing gear (MLG) reinforcing plate is subject to widespread fatigue damage (WFD). This AD requires a modification of the wing bottom skin at the MLG reinforcing plate. We are issuing this AD to address the unsafe condition on these products.

This rule modifies the testing procedures approved for analysis and sampling under the Clean Water Act. The changes adopted in this final rule fall into the following categories: New and revised EPA methods (including new and/or revised methods published by voluntary consensus standard bodies (VCSB), such as ASTM International and the Standard Methods Committee); updated versions of currently approved methods; methods reviewed under the alternate test procedures (ATP) program; clarifications to the procedures for EPA approval of nationwide and limited use ATPs; and amendments to the procedure for determination of the method detection limit to address laboratory contamination and to better account for intra-laboratory variability.

In accordance with Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,'' the Department of Education (Department) is seeking input on Department regulations related to postsecondary education that may be appropriate for repeal, replacement, or modification. We announce two public hearings at which interested parties may provide input.

In this document, the Federal Communications Commission (Commission) initiates the pre-auction process for the Connect America Fund Phase II auction (Phase II auction, auction, or Auction 903). The Commission proposes and seeks comment on the procedures to be used in the Phase II auction. The Phase II auction will award up to $1.98 billion over 10 years to service providers that commit to offer voice and broadband services to fixed locations in unserved high-cost areas. The auction is scheduled to begin in 2018. A guide that provides further technical and mathematical detail regarding the bidding, assignment, and support amount determination procedures proposed in this document, as well as examples for potential bidders, is available at: https://transition.fcc.gov/Daily_Releases/Daily_Business/2017/ db0804/DA-17-733A1.pdf.

The Coast Guard is establishing a safety zone on the waters of the Atlantic Ocean adjacent to Ocean City, NJ on August 26, 2017. The safety zone will restrict vessel traffic from operating on a portion of Atlantic Ocean during a fireworks display. This safety zone is necessary to protect the public, spectators and vessels from the hazards associated with a fireworks display. The safety zone restricts vessels from transiting the zone during the effective period, unless authorized by the Captain of the Port Delaware Bay or a designated representative.

The Food and Drug Administration (FDA, the Agency, or we) is announcing the availability of a guidance for industry entitled ``Mitigation Strategies to Protect Food Against Intentional Adulteration: What You Need To Know About the FDA Regulation: Small Entity Compliance Guide.'' The small entity compliance guide (SECG) is intended to help small entities comply with the final rule entitled ``Mitigation Strategies to Protect Food Against Intentional Adulteration.''

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD- 83), DC-9-87 (MD-87) airplanes, Model MD-88 airplanes, and Model MD-90- 30 airplanes. This proposed AD was prompted by a report of loss of airspeed indication due to icing. This proposed AD would require modifying the air data heat (ADH) system. We are proposing this AD to address the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for certain CFM International S.A. (CFM) CFM56-7B turbofan engines. This proposed AD was prompted by a report of an in-flight fan blade failure and uncontained forward release of debris on a CFM56-7B turbofan engine. This proposed AD would require an ultrasonic inspection (USI) of certain fan blades and, if they fail the inspection, their replacement with parts eligible for installation. We are proposing this AD to correct the unsafe condition on these products.

The Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC) (collectively, the agencies) are inviting public comment on a notice of proposed rulemaking (NPR) that would extend the current treatment under the regulatory capital rules (capital rules) for certain regulatory capital deductions and risk weights and certain minority interest requirements, as they apply to banking organizations that are not subject to the advanced approaches capital rules (non-advanced approaches banking organizations). Specifically, for non-advanced approaches banking organizations, the agencies propose to extend the current regulatory capital treatment of: Mortgage servicing assets; deferred tax assets arising from temporary differences that could not be realized through net operating loss carrybacks; significant investments in the capital of unconsolidated financial institutions in the form of common stock; non-significant investments in the capital of unconsolidated financial institutions; significant investments in the capital of unconsolidated financial institutions that are not in the form of common stock; and common equity tier 1 minority interest, tier 1 minority interest, and total capital minority interest exceeding the capital rules' minority interest limitations. The agencies expect in the near term to issue a separate NPR seeking public comment on a proposal to simplify the regulatory capital treatment of these items. Providing the proposed extension to non-advanced approaches banking organizations for these items would avoid potential burden on banking organizations that may be subject in the near future to a different regulatory capital treatment for these items.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 757-200 series airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the side panel-to-frame attachments and frames of the aft cargo compartment are subject to widespread fatigue damage (WFD). This proposed AD would require an inspection of the side panel- to-frame attachments and frames to verify that certain modifications have been done, and applicable on-condition actions. We are proposing this AD to address the unsafe condition on these products.