September 2017 – Federal Register Recent Federal Regulation Documents

In this document, the Federal Communications Commission (Commission) amends its rules to permit vehicular radars and certain non-vehicular fixed and mobile radars used at airports to operate in the entire 76-81 GHz band on an interference-protected basis. Access to the entire 76-81 GHz band is intended to provide sufficient spectrum bandwidth to enable the deployment of wideband high-precision short- range vehicular radar (SRR) applications, such as blind spot detectors, that can enhance the safety of drivers and other road users, while continuing to allow the deployment of proven long-range vehicular radar (LRR) applications, such as adaptive cruise control. The amended rules also permit the deployment in airport air operations areas of fixed and mobile radars that detect foreign object debris (FOD) on runways, which could harm aircraft on take-off and landing, and aircraft-mounted radars that can help aircraft avoid colliding with equipment, buildings, and other aircraft while moving on airport grounds. In addition, the amended rules allow for the continued shared use of the 76-81 GHz band by other incumbent users, including amateur radio operators and the scientific research community.

NMFS proposes to implement the measures described in Regulatory Amendment 6 to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands (USVI)(FMP), as prepared and submitted by the Caribbean Fishery Management Council (Council). This proposed rule would revise the method used to trigger the application of accountability measures (AM) for Council-managed reef fish species or species groups in the Puerto Rico exclusive economic zone (EEZ). The purpose of this proposed rule is to increase the likelihood that optimum yield (OY) is achieved on a continuing basis and to minimize, to the extent practicable, adverse socio- economic effects of AM-based closures.

We, NMFS, issue a final rule to list the Maui dolphin (Cephalorhynchus hectori maui) as endangered and the South Island (SI) Hector's dolphin (C. hectori hectori) as threatened under the Endangered Species Act (ESA). We considered comments submitted on the proposed listing rule and have determined that the Maui dolphin and the SI Hector's dolphin warrant listing as endangered and threatened species, respectively. We will not designate critical habitat for either of these dolphin subspecies, because the geographical areas occupied by these dolphins are entirely outside U.S. jurisdiction, and we have not identified any unoccupied areas within U.S. jurisdiction that are currently essential to the conservation of either of these subspecies.

The Federal Trade Commission (``FTC'' or ``Commission'') issues final amendments to the Guide Concerning Fuel Economy Advertising for New Automobiles (``Fuel Economy Guide'' or ``Guide'') to address advertising claims prevalent in the market and harmonize with current Environmental Protection Agency (``EPA'') and National Highway Traffic Safety Administration (``NHTSA'') fuel economy labeling rules.

NMFS closes the General category fishery for large medium and giant (i.e., measuring 73 inches curved fork length or greater) Atlantic bluefin tuna (BFT) until the General category reopens on October 1, 2017. This action is being taken to prevent overharvest of the General category September 2017 BFT subquota and help ensure reasonable fishing opportunities in each of the remaining subquota time periods.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Maine on February 23, 2016. Maine's SIP revision addresses requirements of the Clean Air Act (CAA) and EPA's rules that require States to submit periodic reports describing progress toward reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the State's existing regional haze SIP. Maine's progress report notes that Maine has implemented the measures in the regional haze SIP due to be in place by the date of the progress report and that visibility in federal Class I areas affected by emissions from Maine is improving and has already met the applicable RPGs for 2018. Maine also determined that the State's regional haze SIP is adequate to meet these reasonable progress goals for the first implementation period covering through 2018 and requires no substantive revision at this time.

On March 6, 2017, the National Labor Relations Board revised its rules and regulations. Those revisions inadvertently failed to include certain language, which provided further clarification with respect to the prohibition on producing files and documents, and the prohibition on testifying. This document corrects that Section, as well as additional inadvertent errors that appear throughout the revised rules and regulations.

This document contains proposed regulations that provide guidance on the definitions of registration-required obligation and registered form, including guidance on the issuance of pass-through certificates and participation interests in registered form. This document also withdraws a portion of previously proposed regulations regarding the definition of a registration-required obligation. The proposed regulations generally are necessary to address changes in market practices as well as issues raised by the statutory repeal of the foreign-targeted bearer obligation exception to the registered form requirement. The proposed regulations will affect issuers and holders of obligations in registered form as well as issuers and holders of registration-required obligations that are not issued in registered form.

We are superseding Airworthiness Directive (AD) 2014-13-17, which applied to all Airbus Model A300 series airplanes; Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4- 605R Variant F airplanes (collectively called Model A300-600 series airplanes); and Airbus Model A310 series airplanes. AD 2014-13-17 required repetitive functional tests of the circuit breakers for the fuel pump power supply, and replacement of certain circuit breakers. This new AD requires installation of fuel pumps having a new standard, which terminates the repetitive functional tests. This AD was prompted by our determination that installation of a newly developed fuel pump standard will better address the unsafe condition. We are issuing this AD to address the unsafe condition on these products.

This rule implements a recommendation from the American Pecan Council (Council) to establish the initial assessment rates for the 2016-17 and subsequent fiscal years at $0.03 per pound for improved varieties, $0.02 per pound for native and seedling varieties, and $0.02 per pound for substandard pecans handled under the pecan marketing order (order). The Council locally administers the order and is comprised of growers and handlers of pecans operating within the production area and a public member. Assessments upon pecan handlers will be used by the Council to fund reasonable and necessary expenses of the program. The fiscal year begins October 1 and ends September 30. The assessment rates will remain in effect indefinitely unless modified, suspended, or terminated.

Under the Clean Water Act (``CWA''), The Environmental Protection Agency (EPA) intends to conduct a rulemaking to potentially revise certain best available technology economically achievable (``BAT'') effluent limitations and pretreatment standards for existing sources (``PSES'') for the steam electric power generating point source category, which were published in the Federal Register on November 3, 2015. EPA is, accordingly, postponing the associated compliance dates in the 2015 Rule. In particular, EPA is postponing the earliest compliance dates for the new, more stringent, BAT effluent limitations and PSES for flue gas desulfurization (``FGD'') wastewater and bottom ash transport water in the 2015 Rule for a period of two years. At this time, EPA does not intend to conduct a rulemaking that would potentially revise the new, more stringent BAT effluent limitations and pretreatment standards in the 2015 Rule for fly ash transport water, flue gas mercury control wastewater, and gasification wastewater, or any of the other requirements in the 2015 Rule. As such, EPA is not changing the compliance dates for the BAT limitations and PSES established by the 2015 Rule for these wastestreams. EPA's action to postpone certain compliance dates in the 2015 Rule is intended to preserve the status quo for FGD wastewater and bottom ash transport water until EPA completes its next rulemaking concerning those wastestreams, and it thus does not otherwise amend the effluent limitations guidelines and standards for the steam electric power generating point source category.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento, CA. The deviation is necessary to allow the community to participate in the Farm-to-Fork Dinner event. This deviation allows the bridge to remain in the closed- to-navigation position during the deviation period.

The Coast Guard will enforce special local regulations for the Cannonade cannon fire event on Lake St. Clair on October 21, 2017 to provide for the safety of life on navigable waterways during this event. During the enforcement periods, the Coast Guard will enforce restrictions upon, and control movement of, vessels in a specified area immediately prior to, during, and after this event.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to the Arkansas State Implementation Plan (SIP) minor New Source Review (NSR) program submitted on July 26, 2010, and March 24, 2017, including supplemental information provided on November 30, 2015, May 26, 2016, and July 27, 2017. Specifically, we are proposing to approve revisions that revise the minor NSR permitting thresholds and de minimis levels, as well as, additional non-substantive revisions. This proposed action is consistent with the requirements of section 110 of the CAA.

The Environmental Protection Agency (EPA) is taking final action to approve portions of the State Implementation Plan (SIP) submission, submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), for inclusion into the Alabama SIP, on December 9, 2015, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2012 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure SIP submission.'' ADEM certified that the Alabama SIP contains provisions that ensure the 2012 Annual PM2.5 NAAQS is implemented, enforced, and maintained in Alabama. EPA has determined that portions of Alabama's SIP satisfy certain required infrastructure elements for the 2012 Annual PM2.5 NAAQS.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This AD was prompted by a determination that a certain task in the aircraft maintenance manual (AMM) will not accomplish the intent of a candidate certification maintenance requirement (CCMR) for detecting dormant failures of the pitch feel (PF) and rudder travel limiter actuator (RTLA) back-up modules. This AD requires doing an operational test of the flight control unit (FCU) back-up modules, and repair if necessary. We are issuing this AD to address the unsafe condition on these products.

This proposed rule would implement a recommendation from the Processed Pear Committee (Committee) to increase the assessment rate established for the 2017-2018 and subsequent fiscal periods from $7.00 to $8.00 per ton of ``summer/fall'' pears for canning. The Committee locally administers the marketing order and is comprised of growers, handlers, and processors of processed pears grown in Oregon and Washington. Assessments upon processed pear handlers are used by the Committee to fund reasonable and necessary expenses of the marketing order. The fiscal period begins July 1 and ends June 30. The assessment rate would remain in effect indefinitely unless modified, suspended or terminated.

NASA is proposing to amend the NASA Federal Acquisition Regulation Supplement (NFS) to implement revisions to the voucher and invoice submittal and payment process. These revisions are necessary in order for NASA to comply with the Office of Management and Budget (OMB) issued Memorandum M-15-19, which directed federal agencies to transition to electronic invoicing for appropriate federal procurements by the end of fiscal year 2018.

The Environmental Protection Agency (EPA) is taking direct final action to approve the Clean Air Act (CAA) section 111(d)/129 negative declaration for the United States Virgin Islands, for other solid waste incineration units. Other solid waste incineration (OSWI) unit. which is either a very small municipal waste combustion unit or an institutional waste incineration unit. This negative declaration certifies that OSWI units subject to sections 111(d) and 129 of the CAA do not exist within the jurisdiction of the United States Virgin Islands. The EPA is accepting the negative declaration in accordance with the requirements of the CAA.

Ohio has applied to EPA for Final Authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has reviewed Ohio's application with regards to federal requirements, and is proposing to authorize the state's changes.

NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 5 to the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) for review by the Secretary of Commerce. The intent of Amendment 5 is to implement a federal limited entry (LE) permit for the California/Oregon large-mesh drift gillnet (DGN) fishery. The amendment would bring the State of California's LE DGN permit program under Magnuson-Stevens Fishery Conservation and Management Act (MSA) authority. All current California DGN permit holders would be eligible to apply for, and receive, a federal DGN permit and no additional DGN permits would be created. The amendment is administrative in nature and is not anticipated to result in increased activity, effort, or capacity in the fishery.

On July 20, 2017, the U.S. Army Corps of Engineers (the Corps) published a document in accordance with Executive Order 13777, ``Enforcing the Regulatory Reform Agenda.'' In that document, the United States Army, Corps of Engineers Subgroup to the DoD Regulatory Reform Task Force said it is seeking input on its existing regulations that may be appropriate for repeal, replacement, or modification. The Corps is extending the comment period by 30 days. The extension of the comment period is a result of requests from a number of entities to allow more time to submit their comments.

The U.S. Environmental Protection Agency (EPA or the agency) is taking final action to amend the Standards and Practices for All Appropriate Inquiries to update an existing reference to a standard practice revised by ASTM International, a widely recognized standards development organization. Specifically, this final rule amends the All Appropriate Inquiries Rule to reference ASTM International's E2247-16 ``Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property'' and allow for its use to satisfy the statutory requirements for conducting all appropriate inquires under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

This rule implements a recommendation from the Washington Apricot Marketing Committee (Committee) for a decrease in the assessment rate established for the 2017-2018 and subsequent fiscal periods from $1.40 to $1.00 per ton of apricots handled. The Committee locally administers the marketing order and is comprised of growers and handlers of apricots operating within the area of production. Assessments upon apricot handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This document contains a correction to a notice of proposed rulemaking (REG-134247-16) that was published in the Federal Register on Friday, January 6, 2017 (82 FR 1645). The notice of proposed rulemaking under section 1441 of the Internal Revenue Code of 1986 (Code) relates to withholding of tax on certain U.S. source income paid to foreign persons and requirements for certain claims for refund or credit of income tax made by foreign persons.