November 2017 – Federal Register Recent Federal Regulation Documents

We are adopting a new airworthiness directive (AD) for certain Airbus Model A300 B4-600R series airplanes; Model A300 B4-603, B4-620, and B4-622 airplanes; Model A300 C4-605R Variant F airplanes; and Model A300 F4-605R airplanes. This AD was prompted by a determination that the top stringer joints at rib 18 are an area of uniform stress distribution, which indicates that cracks may develop in adjacent stringers at the same time. This AD requires an inspection of the upper wing skin and top stringer joints, and modification of the stringer joint couplings if necessary. We are issuing this AD to address the unsafe condition on these products.

This proposed rule would amend regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to renew reporting requirements for the mandatory BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons. This survey will apply to the 2017 fiscal reporting year. The benchmark survey covers the universe of transactions in selected services and intellectual property and is BEA's most comprehensive survey of such transactions. For the 2017 benchmark survey, BEA proposes several changes in the data items collected, the design of the survey form, and the reporting requirements for the survey. This mandatory survey would be conducted under the authority of the International Investment and Trade in Services Survey Act.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-200, -200C, -300, -400, and -500 series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the fuselage crown skin panels are subject to widespread fatigue damage (WFD). This AD requires repetitive inspections, replacement, and applicable on-condition actions for certain fuselage crown skin panels. 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 CL-600-2B16 (CL-604 Variant) airplanes. This AD was prompted by reports of in-service incidents regarding the loss of all air data system information provided to the flightcrew. This AD requires revising the airplane flight manual (AFM) to provide ``Unreliable Airspeed'' procedures to the flightcrew to stabilize the airplane's airspeed and attitude for continued safe flight and landing. We are issuing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for certain 328 Support Services GmbH Model 328-100 and Model 328-300 airplanes. This AD was prompted by reports of broken bonding wires of certain fuel line clamps. This AD requires repetitive inspections of certain fuel line clamps for discrepancies; repetitive inspections of certain parts for chafing marks; and replacement of any discrepant parts. This AD also includes an optional modification, which is a terminating action for the inspections. We are issuing this AD to address the unsafe condition on these products.

The United States Department of Agriculture's Agricultural Marketing Service (AMS) is delaying the effective date of the Organic Livestock and Poultry Practices final rule published in the Federal Register on January 19, 2017 (OLPP final rule), until May 14, 2018.

This document notifies affected sources and other interested parties that the Connecticut Department of Energy and Environmental Protection (CT DEEP) has voluntarily and partially withdrawn from the delegation of authority to implement and enforce the federal asbestos program provisions at 40 CFR part 61, subpart M. The withdrawal action only applies to sources that are not subject to CT DEEP's title V operating permit program, or that are subject to the title V operating permit program but have not yet received a title V operating permit from CT DEEP. CT DEEP will continue to implement and enforce 40 CFR part 61, subpart M for all sources that have already obtained a title V operating permit, or that obtain such a permit after the effective date of this action.

In the Federal Register of August 17, 2017, EPA published both a direct final rule and a proposed rule to update the list of NAICS codes subject to reporting under the TRI to reflect the Office of Management and Budget (OMB) 2017 NAICS code revision. As noted in the direct final rule, if EPA received relevant adverse comment on the proposed update, the Agency would publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the direct final action will not take effect. The Agency did receive a relevant adverse comment on the proposed update, and is therefore withdrawing the direct final rule and will instead proceed with a final rule based on the proposed rule after considering all public comments.

The Coast Guard proposes to temporarily modify the operating schedule that governs the 3rd Street Bridge, across China Basin, Mission Creek, mile 0.0, at San Francisco, California. This action is necessary to allow the bridge owner, the City of San Francisco, to keep the drawspan in the closed-to-navigation position in order to conduct critical mechanical and structural rehabilitation over an estimated 18 month period, scheduled to commence in February 2018. The temporary change to the regulations is expected to meet the reasonable needs of navigation on the waterway. We invite your comments on this proposed rulemaking.

The Food and Drug Administration (FDA or we) is classifying the automated indirect immunofluorescence microscope and software- assisted 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 automated indirect immunofluorescence microscope and software-assisted 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 Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Rhode Island. These revisions include regulations to update the enhanced motor vehicle inspection and maintenance (I/M) program in Rhode Island. The revised program includes a test and repair network consisting of on-board diagnostic (OBD2) testing for model year 1996 and newer vehicles and tailpipe exhaust test, using a dynamometer, for model year 1995 and older vehicles. The intended effect of this action is to propose approval of the revised program into the Rhode Island SIP. This action is being taken in accordance with the Clean Air Act.

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. The revisions establish recordkeeping and reporting obligations for sources of air pollution. Additionally, we are approving an order limiting emissions of volatile organic compounds from a facility in the State. This action is being taken in accordance with the Clean Air Act.

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. The revisions establish recordkeeping and reporting obligations for sources of air pollution. Additionally, we are proposing approval of an order limiting emissions of volatile organic compounds from a facility in the state. This action is being taken in accordance with the Clean Air Act.

We propose to adopt a new airworthiness directive (AD) for Intreprinderea De Constructii Aeronautice Model IS-28B2 gliders. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracks at stringers in the rear fuselage of several Model IS-28B2 gliders. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

We are superseding Airworthiness Directive (AD) 2016-13-14, which applied to certain Bombardier, Inc., Model DHC-8-400 series airplanes. AD 2016-13-14 required an inspection to determine if certain left and right main landing gear (MLG) retract actuator rod ends were installed, repetitive liquid penetrant inspections (LPIs) of affected left and right MLG retract actuator rod ends, and corrective actions if necessary. This new AD retains the actions specified in AD 2016-13-14 and also requires replacement of the left and right MLG retract actuator rod ends. This AD was prompted by a report of a cracked MLG retract actuator rod end. We are issuing this AD to address the unsafe condition on these products.

The Board of Governors (Board) is publishing a final rule that applies an inflation adjustment to the threshold for total consolidated assets in Regulation I. Federal Reserve Bank (Reserve Bank) stockholders that have total consolidated assets above the threshold receive a different dividend rate on their Reserve Bank stock than stockholders with total consolidated assets at or below the threshold. The Federal Reserve Act requires that the Board annually adjust the total consolidated asset threshold to reflect the change in the Gross Domestic Product Price Index, published by the Bureau of Economic Analysis (BEA). Based on the change in the Gross Domestic Product Price Index as of September 28, 2017, the total consolidated asset threshold will be $10,283,000,000 through December 31, 2018.

The U.S. Small Business Administration (SBA) is revising its regulations to increase the Small Business Investment Company (SBIC) licensing and examination fees. The Small Business Investment Act of 1958, as amended, allows SBA to collect licensing and examination fees to offset SBA's costs associated with the administration of these two activities. SBA last increased fees for SBICs in 1996. Current fees offset less than 40% of SBA's administrative expenses related to these activities. This final rule increases SBIC licensing and examination fees in annual steps through October 2020, at which time SBA estimates that the annual fees will recoup approximately 80% of SBA's annual expenses directly related to these activities. Beginning in October 2021, this rule increases licensing and examination fees annually based on inflation.

The U.S. Copyright Office is issuing an update to its interim rule, issued June 12, 2017, governing registration of secure tests. Based on the initial comments received on that interim rule, the Office has determined that there is an immediate need to establish a new group registration option for secure test questions and answers and other related materials (referred to as ``test items'') that are stored in an electronic database, test bank, or other medium of expression. This interim rule incorporates most of the same procedures that the Office adopted in its recent interim rule on secure tests and adds additional procedures for group registration. To seek a group registration, applicants will be required to submit an online application, upload a redacted copy of the individual test items to the electronic registration system, and complete and submit a brief questionnaire. If, based on the answers to the questionnaire, the test items appear to be eligible for the group registration option, the Office will contact the applicant and schedule an appointment to deliver these materials to the Office in person. On the appointed date, the applicant must bring a copy of the application and a complete unredacted copy of the actual test items. In addition, the applicant must bring a redacted copy of the test items, and a signed declaration confirming that this copy is identical to the redacted copy that was uploaded to the electronic registration system. The Office will examine each test item to determine if it contains sufficient copyrightable authorship. If the Office registers the claim, the registration will cover each test item as a separate work of authorship, and the registration will be effective as of the date the Office initially received the application, filing fee, and the redacted copy of the test items in proper form through the electronic registration system. To be clear, the previous interim rule otherwise remains in effect, and applicants may continue to use that rule to register individual secure tests. The Office welcomes public comment on both this interim rule and the June 12, 2017 interim rule.

The U.S. Copyright Office is publishing a final rule establishing a separate, lower filing fee for recording documents when they are submitted with an electronic title list. Separately, the Office is noting a policy change, effective on the same date as the final rule, to require the payment of fees for the filing of all notices of intention to obtain a compulsory license to make and distribute phonorecords, including those that are filed in the Office after failed delivery to the copyright owner.

NMFS implements accountability measures for commercial gray triggerfish in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through this temporary rule. NMFS projects commercial landings for gray triggerfish will reach the commercial annual catch target (ACT)(commercial quota) by November 18, 2017. Therefore, NMFS is closing the commercial sector for gray triggerfish in the Gulf EEZ on November 18, 2017. This closure is necessary to protect the gray triggerfish resource.

The Coast Guard is correcting a temporary final rule that appeared in the Federal Register on November 6, 2017. The document issued a temporary safety zone for in the Mifflin Range on the Delaware River to facilitate pipeline removal in preparation for the deepening of the Delaware River. Due to mechanical issues on the SHELBY, the dredging operations will be attended by the towing vessel GRAPE APE for the duration of the safety zone. All vessel contact information remains the same.

We, the U.S. Fish and Wildlife Service (Service), announce that a Candidate Conservation Agreement (CCA) has been prepared for Chorizanthe parryi var. fernandina (San Fernando Valley spineflower). The CCA was developed as a collaborative effort between the Newhall Land and Farming Company (Newhall Land), a California limited partnership, and the Service to implement conservation measures for the species. With the release of the CCA, we are reopening for an additional 30 days the comment period on the proposed rule to list C. parryi var. fernandina as a threatened species. We will submit a final listing determination to the Federal Register on or before March 15, 2018.

The Department of Transportation is amending its drug-testing program regulation to add hydrocodone, hydromorphone, oxymorphone, and oxycodone to its drug-testing panel; add methylenedioxyamphetamine as an initial test analyte; and remove methylenedioxyethylamphetamine as a confirmatory test analyte. The revision of the drug-testing panel harmonizes DOT regulations with the revised HHS Mandatory Guidelines established by the U.S. Department of Health and Human Services for Federal drug-testing programs for urine testing. This final rule clarifies certain existing drug-testing program provisions and definitions, makes technical amendments, and removes the requirement for employers and Consortium/Third Party Administrators to submit blind specimens.

The National Indian Gaming Commission proposes to amend its fee regulations. The proposed rule would require the Commission to adopt annual fee rates no later than November 1 of each year. In addition, the proposed rule defines the fiscal year of the gaming operation that will be used for calculating the fee payments. Finally, the proposed rule includes additional revisions intended to clarify the fee calculation and submission process for gaming operations.

VETS published a proposed rule implementing the Honoring Investments in Recruiting and Employing (HIRE) American Military Veterans Act of 2017 (HIRE Vets Act or Act). The HIRE Vets Act requires the Department of Labor (DOL or Department) to establish by rule a HIRE Vets Medallion Program (Medallion Program) and annually solicit and accept voluntary information from employers for consideration of employers to receive a HIRE Vets Medallion Award (the award). Under the Program, VETS will review applications and notify recipients of their awards, and announce their names at a time that coincides with Veterans Day. This final rule sets out the criteria for the different categories and levels of HIRE Vets Medallion Awards, the award application process, and the award fees. VETS invited written comments on the proposed rule, and any specific issues related to the proposal, from members of the public.