September 2017 – Federal Register Recent Federal Regulation Documents

The Equal Employment Opportunity Commission (``EEOC'' or ``Commission'') is issuing a final rule revising its Freedom of Information Act (FOIA) regulations in order to implement the substantive and procedural changes to the FOIA identified in the FOIA Improvement Act of 2016 and update two district office addresses and the Office of Legal Counsel's fax number.

This regulation establishes a tolerance for residues of the fungicide oxathiapiprolin in or on cacao bean, dried bean. Interregional Research Project Number 4 (IR-4) requested the tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Standardized NUHOMS[supreg] Horizontal Modular Storage System (NUHOMS[supreg] System) listing within the ``List of approved spent fuel storage casks'' to renew, for an additional 40-year period, Revision 1 of the initial certificate and Amendment Nos. 1 through 11, and 13, and Amendment No. 14 of Certificate of Compliance (CoC) No. 1004. These changes require, among other things, that all future amendments and revisions to this CoC include evaluations of the impacts to aging management activities (i.e., time-limited aging analyses and aging management programs (AMPs)) to ensure that they remain adequate for any changes to spent fuel storage cask systems, structures, and components (SSCs) within the scope of the renewal. Each general licensee using a NUHOMS[supreg] System at a reactor site must have a program to establish, implement, and maintain written procedures for each AMP described in the AREVA Inc. (AREVA) Updated Final Safety Analysis Report (UFSAR). In addition, the renewals reflect the change in the name of the CoC holder from AREVA to TN Americas LLC, and make several other changes as described in Section IV, ``Discussion of Changes,'' in the SUPPLEMENTARY INFORMATION section of this document.

The U.S. Small Business Administration (SBA) is adopting, without change, its proposed revisions to small business size standards. With the adoption of the proposed changes, SBA incorporates the U.S. Office of Management and Budget's (OMB) North American Industry Classification System (NAICS) revision for 2017, identified as NAICS 2017, into its table of small business size standards. NAICS 2017 created 21 new industries by reclassifying, combining, or splitting 29 existing industries under changes made to NAICS in 2012 (NAICS 2012). SBA's size standards for these 21 new industries have resulted in an increase to size standards for six NAICS 2012 industries and part of one industry, a decrease to size standards for two, a change in the size standards measure from average annual receipts to number of employees for one, and no change in size standards for twenty industries and part of one industry.

The Federal Energy Regulatory Commission approves Reliability Standard PRC-012-2 (Remedial Action Schemes) submitted by the North American Electric Reliability Corporation. The purpose of Reliability Standard PRC-012-2 is to ensure that remedial action schemes do not introduce unintentional or unacceptable reliability risks to the bulk electric system.

The Securities and Exchange Commission is publishing interpretive guidance to assist registrants in preparation of their pay ratio disclosures required by Item 402(u) of Regulation S-K.

The National Capital Planning Commission (NCPC or Commission) is correcting a final rule that appeared in the Federal Register on September 20, 2017. The document issued FOIA regulations with changes necessitated by the FOIA Improvement Act of 2016 (Pub. L. 114-185).

The National Capital Planning Commission (NCPC or Commission) is correcting a final rule that appeared in the Federal Register on September 20, 2017. The document issued New Privacy Act Regulations.

The Environmental Protection Agency (EPA) is taking direct final action to approve a portion of a state implementation plan (SIP) revision submitted by the State of Delaware. The Clean Air Act's (CAA) good neighbor provision requires EPA and states to address the interstate transport of air pollution that affects the ability of downwind states to attain and maintain the national ambient air quality standards (NAAQS). Specifically, the good neighbor provision requires each state in its SIP to prohibit emissions that will significantly contribute to nonattainment, or interfere with maintenance, of a NAAQS in a downwind state. Delaware has submitted a SIP revision that addresses the interstate transport requirements, among other things, for the 2008 ozone NAAQS. EPA has determined that Delaware's SIP has adequate provisions to prohibit the state from significantly contributing to nonattainment, or interfering with maintenance, of the 2008 ozone NAAQS in any other state. EPA is approving Delaware's SIP revision submittal in regards to the good neighbor interstate transport provision in accordance with the requirements of the CAA.

This action amends Class E airspace extending upward from 700 feet above the surface at Leesville City Airport, Leesville, LA, and Harry P. Williams Memorial Airport, Patterson, LA. Airspace redesign is necessary due to the decommissioning of the Leesville non-directional radio beacon (NDB), and the Patterson radio beacon (RBN), and cancellation of NDB and RBN approaches, and for the safe management of instrument flight rules (IFR) operations at these airports. Additionally, this action amends the geographic coordinates at Harry P. Williams Memorial Airport, to coincide with the FAA's aeronautical database.

We are superseding Airworthiness Directive (AD) 2015-15-10, which applied to all Airbus Model A318, A319, A320, and A321 series airplanes. AD 2015-15-10 required repetitive inspections of the trimmable horizontal stabilizer actuator (THSA) for damage, and replacement if necessary; and replacement of the THSA after reaching a certain life limit. This AD requires repetitive detailed inspections of certain THSAs, and related investigative and corrective actions if necessary. This AD was prompted by the establishment of an additional life limit for the THSA, based on flight cycles. In addition, the THSA manufacturer has issued service information which, when accomplished, increases the life limit of the THSA. We are issuing this AD to address the unsafe condition on these products.

We are superseding Airworthiness Directive (AD) 2017-13-05, which applied to all Airbus Model A330-200, A330-300, A340-200, A340- 300, A340-500, and A340-600 series airplanes. AD 2017-13-05 required an inspection, corrective actions if necessary, lubrication of the ball- nut, modification of the trimmable horizontal stabilizer actuator (THSA), and additional work for previously modified airplanes. For certain airplanes, AD 2017-13-05 required installation of an electronic harness, terminating actions, and a ball-screw assembly inspection. This AD clarifies the formatting of a figure in the published version of AD 2017-13-05. This AD was prompted by reports indicating that affected parties misinterpreted the intent of a figure as formatted in the published version of AD 2017-13-05, which could result in a negative effect on compliance. We are issuing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model DHC-8-401 and -402 airplanes. This AD was prompted by the discovery of cracking on two test spoiler power control unit (PCU) manifolds during testing by the manufacturer. This AD requires replacement of affected spoiler PCUs. We are issuing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, and CN-235-300 airplanes; and Model C-295 airplanes. This AD was prompted by reports of leakage of motorized cross-feed fuel valves. This AD requires repetitive inspections and operational checks of the affected fuel valves, and corrective actions if necessary. We are issuing this AD to address the unsafe condition on these products.

This action establishes restricted area R-2306F in the vicinity of Laguna Army Airfield (LGF) at Yuma Proving Ground, AZ. The restricted area allows Yuma Proving Ground (YPG) to maximize the existing fixed infrastructure to support current and future hazardous test programs while minimizing the risk to public and non-participating aircraft. These programs involve ground and airborne testing of non- eye-safe lasers, high energy radars and the development of unproven weapon systems and this ensures the safer testing and evaluation of these programs without impacting non-participating aircraft and general public.

The Federal Energy Regulatory Commission (Commission) approves Reliability Standards BAL-005-1 (Balancing Authority Control) and FAC- 001-3 (Facility Interconnection Requirements), submitted by the North American Electric Reliability Corporation, as well as the retirement of Reliability Standards BAL-005-0.2b (Automatic Generation Control), FAC- 001-2 (Facility Interconnection Requirements), and BAL-006-2 (Inadvertent Interchange).

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD was prompted by a report of wire damage on a fuel boost pump power cable, and a separate report of a fuel tank explosion on a similarly equipped airplane. This proposed AD would require the installation of new shielded wire bundles and convoluted liners within fuel tank conduits, and revision of the maintenance or inspection program, as applicable, to incorporate certain airworthiness limitations (AWLs). We are proposing this AD to address the unsafe condition on these products.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is amending our recent proposal to approve a revision to the Louisiana State Implementation Plan (SIP) for regional haze submitted for parallel processing on August 24, 2017. On July 13, 2017, we proposed to approve a SIP revision by the State of Louisiana through the Louisiana Department of Environmental Quality (LDEQ) to address certain Best Available Retrofit Technology requirements under Regional Haze for the Entergy R. S. Nelson facility (Nelson), which is an electric generating unit in Calcasieu Parish. We now amend that proposal, by proposing to approve a compliance date three years from the effective date of the final EPA approval of the SIP revision for Nelson to meet an emission limit for sulfur dioxide (SO2) emissions.

The Coast Guard is modifying the operating schedule that governs the Morrison Bridge across the Willamette River, mile 12.8, at Portland, Oregon. The temporary interim rule is necessary to accommodate Multnomah County's (bridge owner) unexpected extension of time required to replace the bridge decking. This temporary rule is necessary due to the amount of days requested by the bridge owner. The active deviation expires at the 180th day, and the Coast Guard does not approve back-to-back deviations.

The Environmental Protection Agency (EPA) is taking final action finding that the state of California has failed to submit State Implementation Plans (SIPs) to satisfy certain requirements of the Clean Air Act (CAA) for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or ``standards''). Under the CAA and EPA's implementing regulations, states with nonattainment areas classified as Moderate, Serious, Severe or Extreme were required to submit by July 20, 2016, SIPs demonstrating reasonable further progress (RFP) and attainment of the 2008 8-hour ozone standard as expeditiously as practicable but no later than the applicable dates established in the implementing regulations. States were also required to submit contingency plans to be triggered if attainment or RFP milestones were not met. The EPA is by this action making a finding of failure to submit attainment demonstration, attainment demonstration contingency, RFP, and RFP contingency SIPs for the Sacramento Metro nonattainment area. If the EPA has not affirmatively found that the state has submitted the required plans within 18 months, the offset sanction applies in the area. If within 6 additional months the EPA has still not affirmatively determined that the state has submitted the required plan, the highway funding sanction applies in the area. No later than 2 years after the EPA makes the finding, if the state has not submitted, and EPA has not approved, the required SIP, the EPA must promulgate a Federal Implementation Plan.

This action modifies Class E airspace extending up to 700 feet above the surface at Wayne Municipal/Stan Morris Field (formally the Wayne Municipal Airport), Wayne, NE, to accommodate new standard instrument approach procedures for instrument flight rules (IFR) operations at the airport. This action is necessary due to the decommissioning of the Wayne non-directional radio beacon (NDB) serving the airport, and cancellation of the NDB approach. This action enhances the safety and management of IFR operations at the airport. The new airport name was not included in the NPRM and is being corrected. The geographic coordinates of the airport also are updated to be in concert with the FAA's aeronautical database.

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 replacement of the low-pressure compressor (LPC) case support inboard pins. This AD was prompted by LPC case support inboard pins that may have reduced integrity due to incorrect heat treatment. We are issuing this AD to correct the unsafe condition on these products.

The Commission invites interested parties to update the record on issues raised by the Commission in the 2011 Intercarrier Compensation (ICC) Transformation Further Notice of Proposed Rulemaking (FNPRM) regarding the network edge for traffic that interconnects with the Public Switched Telephone Network, tandem switching and transport, and transit (the non-access traffic functional equivalent of tandem switching and transport). The Commission seeks updated comment in light of regulatory and marketplace developments that have occurred since the 2011 ICC Transformation FNPRM, including the transition of certain terminating traffic to bill-and-keep, and implementation of the adopted mandate to move all traffic to bill-and-keep. The Commission also seeks comment on other developments related to those issues that should be considered in the context of further ICC reform.

The Environmental Protection Agency (EPA) Region 10 is issuing a Notice of Intent to Delete the Vancouver Water Station #1 Contamination Superfund Site (Site) located in Vancouver, Washington, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Washington, through the Department of Ecology have determined that all appropriate response actions under CERCLA, have been completed. However, this deletion does not preclude future actions under Superfund.