October 2017 – Federal Register Recent Federal Regulation Documents

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is announcing an additional opportunity for the public to comment on an interim final rule (IFR) titled: ``Pipeline Safety: Underground Natural Gas Storage Facilities.'' PHMSA is reopening the comment period in response to a petition for reconsideration filed jointly by the American Gas Association, American Petroleum Institute, and the American Public Gas Association. By reopening the comment period, PHMSA is providing all interested parties with the opportunity to comment on the IFR and the merits and claims of the petition. PHMSA will consider all public comments and address the petition for reconsideration in the final rule.

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This document contains final regulations under section 597 of the Internal Revenue Code (Code). These final regulations amend existing regulations that address the federal income tax treatment of transactions in which federal financial assistance (FFA) is provided to banks and domestic building and loan associations, and they clarify the federal income tax consequences of those transactions to banks, domestic building and loan associations, and related parties. These regulations affect banks, domestic building and loan associations, and related parties.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the DELAIR Memorial Railroad Bridge across the Delaware River, mile 104.6, at Pennsauken Township, NJ. This deviation will test the remote operation capability of the drawbridge to determine whether the bridge can be safely operated from a remote location. This deviation will allow the bridge to be remotely operated from the Conrail South Jersey dispatch center in Mount Laurel, NJ, instead of being operated by an on-site bridge tender.

The following is the analysis and determination of the Commodity Futures Trading Commission (``Commission'') regarding a request by the European Commission (``EC'') that the Commission determine that laws and regulations applicable in the European Union (``EU'') provide a sufficient basis for an affirmative finding of comparability with respect to margin requirements for uncleared swaps applicable to certain swap dealers (``SDs'') and major swap participants (``MSPs'') registered with the Commission. As discussed in detail herein, the Commission has found the margin requirements for uncleared swaps under the laws and regulations of the EU comparable in outcome to those under the Commodity Exchange Act (``CEA'') and Commission regulations.

The Coast Guard is establishing a special local regulation for all navigable waters of the Clinch River from mile marker (MM) 49.5 to MM 54.0. This action is necessary to provide for the safety of life on these navigable waters near Oak Ridge, TN during the Secret City Head Race. Entry into, transiting through, or anchoring within this regulated area is prohibited unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative.

The United States Department of Agriculture's (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA), Packers and Stockyards Program is withdrawing the interim final rule (IFR) published in the Federal Register on December 20, 2016. Had the IFR become effective, it would have added a paragraph to the regulations issued under the Packers and Stockyards Act (P&S Act) addressing the scope of sections 202(a) and (b) of the P&S Act, which enumerate unlawful practices under the Act. Specifically, the IFR would have added a paragraph to the regulations further explaining the scope of sections 202(a) and (b) of the P&S Act such that certain conduct or actions, depending on their nature and the circumstances, could be found to violate the P&S Act without a finding of harm or likely harm to competition. GIPSA accepted and analyzed comments on the IFR received on or before March 24, 2017. In addition, in the April 12, 2017 Federal Register, GIPSA solicited and analyzed comments received on or before June 12, 2017, on four alternative actions regarding the disposition of the IFR. After careful review and consideration of all comments received, GIPSA is withdrawing the IFR.

The Food and Drug Administration (FDA or we) is classifying the organophosphate test system into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for the organophosphate test system's classification. We are taking this action because we have determined that classifying the device into class II (special controls) will provide a reasonable assurance of safety and effectiveness of the device. We believe this action will also enhance patients' access to beneficial innovative devices, in part by reducing regulatory burdens.

The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972, as amended (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG)(Admiralty and Maritime Law) has determined that USS MICHAEL MONSOOR (DDG 1001) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

This document corrects an error that appeared in Docket No. FAA-2015-6359, Special Conditions No. 25-633-SC, which was published in the Federal Register on August 22, 2016. The error is an incorrect word in the title of the final special conditions document.

The Environmental Protection Agency (EPA) is proposing to approve the Illinois Environmental Protection Agency's (Illinois EPA's) request to redesignate the Chicago and Granite City nonattainment areas (hereafter also referred to as the ``areas'') to attainment for the 2008 national ambient air quality standards (NAAQS) for lead, also identified as Pb. EPA is also proposing to approve, as revisions to the Illinois state implementation plan (SIP): The state's plan for maintaining the 2008 lead NAAQS in the areas for a period of ten years following these redesignations; the emissions inventories for the areas; and rules applying emission limits and other control requirements to lead sources in the areas. EPA is proposing these actions in accordance with applicable regulations and guidance that address implementation of the 2008 lead NAAQS.

The Environmental Protection Agency (EPA) is proposing to approve the regional haze progress report under the Clean Air Act as a revision to the Michigan State Implementation Plan (SIP). Michigan has satisfied the progress report requirements of the Regional Haze Rule. Michigan has also met the requirements for a determination of the adequacy of its regional haze plan with its negative declaration submitted with the progress report.

The Environmental Protection Agency (EPA) is proposing to approve a regional haze progress report as a revision to the Minnesota State Implementation Plan. The progress report examines Minnesota's progress in implementing its regional haze plan during the first half of the first implementation period. Minnesota has met the requirements for submitting a periodic report describing its progress toward reasonable progress goals established for regional haze. It also provided a determination of the adequacy of its plan in addressing regional haze with its negative declaration submitted with the progress report.

The Environmental Protection Agency (EPA) is proposing to approve the regional haze progress report under the Clean Air Act as a revision to the Illinois state implementation plan (SIP). Illinois has satisfied the progress report requirements of the Regional Haze Rule. Illinois has also met the requirements for a determination of the adequacy of its regional haze plan with its negative declaration submitted with the progress report.

The Environmental Protection Agency (EPA) is proposing to approve the State of Ohio's request to revise the designation of the Fulton County nonattainment area to attainment of the 2008 National Ambient Air Quality Standards (NAAQS) for lead. EPA is also proposing to approve the maintenance plan and related elements of the redesignation. Finally, EPA is proposing to approve reasonably available control measure/reasonably available control technology measures and a comprehensive emissions inventory as meeting the Clean Air Act (CAA) requirements. EPA is taking these actions in accordance with the CAA and EPA's implementation regulations regarding the 2008 lead NAAQS.

The Environmental Protection Agency (EPA) is taking direct final action to approve a state implementation plan (SIP) revision submitted by the District of Columbia (the District). This revision pertains to the infrastructure requirement for interstate transport of pollution with respect to the 2010 1-hour sulfur dioxide (SO2) national ambient air quality standards (NAAQS). EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).

On June 14, 2017, the Federal Communications Commission published final rules in the Report and Order, FCC 17-33 that amended the Commission rules. Due to inaccurate amendatory instructions, the effective date of the amendments to Sec. Sec. 2.106, 80.203(p) and 80.357(b)(1) was not correctly specified in the final regulations, and the revisions to Sec. 90.103(b) could not be incorporated in the final regulations. This document corrects the amendatory instructions and the final regulations.

On September 29, 2017, the Secretary published a document in the Federal Register announcing the updated waivers and modifications of statutory and regulatory requirements governing the Federal student financial aid programs under the authority of the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act). We are republishing this document to include the definitions of certain terms used in this document. We have made no changes to the waivers and modifications.

NMFS is prohibiting retention of sablefish by vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2017 total allowable catch of sablefish allocated to vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the GOA has been reached.

The purpose of this document is to propose amendments to the procedures followed by the National Indian Gaming Commission (Commission) when processing a request under the Freedom of Information Act, as amended. These changes will serve to update certain Commission information, conform to changes made in the FOIA Improvements Act of 2016, and streamline how the Commission processes its Freedom of Information Act requests.

Pursuant to the Federal Clean Air Act (CAA or Act), the Environmental Protection Agency (EPA) is finalizing a partial approval of the 2009 Texas Regional Haze State Implementation Plan (SIP) submission and a Federal Implementation Plan (FIP) for Texas to address certain outstanding requirements. Specifically, the EPA is finalizing determinations regarding best available retrofit technology (BART) for electric generating units (EGUs) in the State of Texas. To address the BART requirement for sulfur dioxide (SO2), the EPA is finalizing an alternative to BART that consists of an intrastate trading program addressing the SO2 emissions from certain EGUs. To address the BART requirement for oxides of nitrogen (NOX), we are finalizing our proposed determination that Texas' participation in the Cross-State Air Pollution Rule's (CSAPR) trading program for ozone-season NOX qualifies as an alternative to BART. We are approving Texas' determination that its EGUs are not subject to BART for particulate matter (PM). Finally, we are disapproving portions of several SIP revisions submitted to satisfy the CAA requirement to address interstate visibility transport for six national ambient air quality standards (NAAQS): 1997 8-hour ozone, 1997 fine particulate matter (PM2.5) (annual and 24-hour), 2006 PM2.5 (24-hour), 2008 8-hour ozone, 2010 1-hour nitrogen dioxide (NO2) and 2010 1-hour SO2. We are finding that the BART alternatives to address SO2 and NOX BART at Texas' EGUs meet the interstate visibility transport requirements for these NAAQS.

The U.S. Small Business Administration (SBA) announces SBA's Express Bridge Loan Pilot Program (Express Bridge Pilot), as described in this document, and its impact on an Agency regulation relating to loan underwriting for loans made under the Express Bridge Pilot. This pilot will provide expedited guaranteed bridge loan financing for disaster-related purposes to small businesses located in communities impacted by a Presidentially-declared disaster, while those small businesses apply for and await long-term financing (including through SBA's direct disaster loan program, if eligible). The modification of the lending criteria will minimize the burden on businesses applying for loans through the Express Bridge Pilot and provide an incentive for SBA Express lenders to participate in the pilot.

This regulation establishes tolerances for residues of fenpicoxamid (XDE 777) in or on banana, rye, and wheat. Dow AgroSciences LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

In this action, the U.S. Environmental Protection Agency (EPA) is proposing to repeal the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (EGUs), commonly referred to as the Clean Power Plan (CPP), as promulgated on October 23, 2015.