December 5, 2017 – Federal Register Recent Federal Regulation Documents
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Implementation of Statutory Amendments Requiring the Modification of the Definition of Hard Cider; Delayed Compliance Date for the Hard Cider Tax Class Labeling Statement Requirement; Reopening of Comment Period
On January 23, 2017, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published a temporary rule, T.D. TTB-147, Implementation of Statutory Amendments Requiring the Modification of the Definition of Hard Cider, that amended its regulations to implement changes made to the definition of ``hard cider'' in the Internal Revenue Code of 1986 by the Protecting Americans from Tax Hikes Act (PATH Act) of 2015. The amended regulations included a requirement that the statement ``Tax class 5041(b)(6)'' appear on the container of any wine for which the hard cider tax rate is claimed if the wine is removed from wine premises or customs custody on or after January 1, 2018. Concurrent with the temporary rule, TTB published Notice of Proposed Rulemaking No. 168 requesting comments on the regulatory amendments made by T.D. TTB-147. In response to a comment received from a cider industry trade association, TTB, in a temporary rule published elsewhere in this issue of the Federal Register, is now delaying the compliance date for the hard cider tax class labeling requirement by one year, until January 1, 2019. In this document, TTB is requesting comments on that delayed compliance date, and we are also re-opening the comment period for Notice No. 168 for an additional 60 days to request comments on the regulatory amendments described in T.D. TTB-147.
Implementation of Statutory Amendments Requiring the Modification of the Definition of Hard Cider; Delayed Compliance Date of the Hard Cider Tax Class Labeling Statement Requirement
This temporary rule delays the compliance date of a wine labeling requirement that was established by T.D. TTB-147, a temporary rule published on January 23, 2017. In that rule, TTB required the statement ``Tax class 5041(b)(6)'' to appear on the container of any wine for which the hard cider tax rate is claimed if it is removed from wine premises or customs custody on or after January 1, 2018. This temporary rule delays the compliance date for that requirement by one year. Specifically, the tax class statement ``Tax Class 5041(b)(6)'' will not be required to appear on containers of wine that are taxed at the hard cider tax rate until January 1, 2019. Through a notice of proposed rulemaking published elsewhere in this issue of the Federal Register, TTB is soliciting comments from all interested parties on this delay of the compliance date for the wine labeling requirement, and, also in that document, TTB is reopening for 60 days the comment period for Notice No 168, the notice of proposed rulemaking that published concurrently with T.D. TTB-147 on January 23, 2017.
Emergency Import Restrictions Imposed on Archaeological and Ethnological Materials From Libya
This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect the imposition of emergency import restrictions on certain archaeological and ethnological materials from Libya. The Acting Under Secretary for Public Diplomacy and Public Affairs, United States Department of State, has determined that conditions warrant the imposition of emergency import restrictions on categories of archaeological and ethnological materials from Libya, which represent the cultural heritage of Libya. This document contains the Designated List of Archaeological and Ethnological Material of Libya that describes the types of objects or categories of archaeological or ethnological material to which the import restrictions apply. The emergency import restrictions imposed on certain archaeological and ethnological materials from Libya will be in effect for a five-year period. These restrictions are being imposed pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act, which implements the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.
Requirements of the Vessel Monitoring System Type-Approval
All owners of vessels participating in a NOAA Vessel Monitoring System (VMS) program are required to acquire a NMFS-approved Enhanced Mobile Transmitting Unit (EMTU) or Mobile Transmitting Unit (MTU) to comply with the Vessel Monitoring System requirements. This proposed action would amend the existing VMS Type-Approval regulations by removing the requirement for VMS vendors to periodically renew their EMTU/MTU type-approvals. This renewal process has proved to be unnecessary, has cost fishermen and approved VMS vendors additional time and expense, and has imposed unnecessary costs on the government. Removing the type-approval renewal requirement will spare fishermen, VMS vendors and the government the time and expense associated with the renewal process.
Inflation Catch-Up Adjustment of Civil Monetary Penalty Amounts
This final rule amends USDA's civil monetary penalty regulations by making inflation adjustments as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. USDA also removes one obsolete civil monetary penalty (CMP) regulation previously authorized under a statute that is no longer current law.
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Removal of Source-Specific Requirements for Permanently Shutdown Facilities
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of West Virginia. This revision pertains to the removal of source-specific SIP requirements for the following five facilities in West Virginia that have permanently shutdown: Mountaineer Carbon Company; Standard Lafarge; Follansbee Steel Corporation; International Mill Service, Inc.; and Columbian Chemicals Company. These sources have permanently ceased operation; therefore, SIP requirements for these sources are obsolete and no longer necessary for attaining and maintaining the national ambient air quality standards (NAAQS). This action is being taken under the Clean Air Act (CAA).
Air Plan Approval; Massachusetts; Logan Airport Parking Freeze
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Massachusetts. This SIP revision increases the total number of commercial parking spaces allowed in the Logan Airport Parking Freeze Area by 5,000 parking spaces. The intended effect of this action is to reduce carbon monoxide (CO) and nitrogen oxide (NOX) emissions by reducing the increased vehicle miles traveled (VMT) resulting from insufficient available parking. This action is being taken under the Clean Air Act.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the State of New Jersey
NMFS announces that the 2017 summer flounder commercial quota allocated to the State of New Jersey has been harvested. Vessels issued a Federal commercial summer flounder permit may not land summer flounder in New Jersey for the remainder of calendar year 2017, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notice to advise vessel and dealer permit holders that Federal commercial quota is no longer available to land summer flounder in New Jersey.
Expediting Rate Cases
Pursuant to section 11 of the Surface Transportation Board Reauthorization Act of 2015 (STB Reauthorization Act), the Surface Transportation Board (Board) is modifying rules pertaining to its rate case procedures.
Safety Zone; Oregon Inlet, Dare County, NC
The Coast Guard proposes to establish a temporary safety zone on the navigable waters of Oregon Inlet in Dare County, North Carolina in support of construction of the new Herbert C. Bonner Bridge. This temporary safety zone is intended to protect mariners, vessels, and construction crews from the hazards associated with installing the navigation span, and will restrict vessel traffic from the bridge's navigation span as it is under construction by preventing vessel traffic on a portion of Oregon Inlet. Entry of vessels or persons into this safety zone is prohibited. We invite your comments on this proposed rulemaking.
International Mailing Services: Mailing Services Product and Price Changes
On October 24, 2017, the Postal Service published proposed product and price changes to reflect a notice of price adjustments filed with the Postal Regulatory Commission (PRC). The PRC has found that price adjustments and product changes contained in the Postal Service's notice may go into effect on January 21, 2018. The Postal Service will revise Notice 123, Price List to reflect the new prices and Mailing Standards of the United States Postal Service, International Mail Manual (IMM[supreg]) to reflect the product changes.
Safety Zone; Mamala Bay, Oahu, HI
On October 10, 2017, the commercial fishing vessel PACIFIC PARADISE ran aground approximately 400 yards southwest of Kaimana Beach, in the navigable waters of Mamala Bay, Oahu, Hawaii. The Coast Guard established a temporary safety zone extending 500 yards in all directions around the grounded vessel to facilitate vessel salvage operations. To date, the vessel remains aground. Accordingly, effective December 1, 2017, the Coast Guard hereby extends the temporary safety zone for an additional thirty days to facilitate ongoing salvage and subsequent removal operations. The extension of this temporary safety zone is necessary to protect personnel, vessels and the marine environmental from potential hazards associated with ongoing operations to salvage and remove a grounded vessel in this area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Honolulu.
Procedures Further Implementing the Annual Limitation on Suspension of Deportation and Cancellation of Removal
The Department of Justice is amending the Executive Office for Immigration Review (``EOIR'') regulations governing the annual limitation on cancellation of removal and suspension of deportation decisions. The amendment eliminates certain procedures created in 1998 that were used to convert 8,000 conditional grants of suspension of deportation and cancellation of removal to outright grants before the end of fiscal year 1998. In addition, it authorizes immigration judges and the Board of Immigration Appeals (``Board'') to issue final decisions denying applications, without restriction, regardless of whether the annual limitation has been reached.
Drawbridge Operation Regulation; Rigolets Pass, Slidell, LA
The Coast Guard has issued a temporary deviation from the operating schedule that governs the CSX Railroad Bridge across the Rigolets Pass, mile 0.0, St. Tammany Parish, Louisiana. This deviation is necessary to perform maintenance for the continued safe operation of the bridge. This deviation allows for the bridge to remain in the closed-to-navigation position on December 12, 2017, through December 15, 2017. It further requires a one-hour advance notice for openings to facilitate passage of vessel traffic from 7 a.m. to 5 p.m. on certain dates from December 18, 2017 through January 12, 2018.
Approval of Air Quality Implementation Plans; New York; Cross-State Air Pollution Rule; NOX
The Environmental Protection Agency (EPA) is conditionally approving a revision to the New York State Implementation Plan (SIP) addressing requirements of the Cross-State Air Pollution Rule (CSAPR). Under the CSAPR, large electricity generating units in New York are subject to Federal Implementation Plans (FIPs) requiring the units to participate in CSAPR federal trading programs for annual emissions of nitrogen oxides (NOX), ozone season emissions of NOX, and annual emissions of sulfur dioxide (SO2). This action conditionally approves into New York's SIP the State's regulations that replace the default allowance allocation provisions of the CSAPR federal trading programs for annual NOX and SO2 emissions. EPA is conditionally approving New York's regulations for annual NOX and SO2 emissions because, while the submitted rules do not fully conform to CSAPR, New York is in the process of making further revisions to its rules and has provided a commitment to finalize and submit them by December 29, 2017. Upon timely meeting of this commitment, EPA will propose to convert the conditional approval of the SIP revision to a full approval.
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; 2015 Ozone National Ambient Air Quality Standards; Withdrawal of Direct Final Rule
Due to receipt of adverse comment, the Environmental Protection Agency (EPA) is withdrawing the direct final rule published on Monday, October 16, 2017, to approve revisions to the West Virginia state implementation plan (SIP). The revisions updated the effective date by which the West Virginia regulations incorporate by reference the national ambient air quality standards (NAAQS), additional monitoring methods, and additional equivalent monitoring methods.
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 757-200, -200PF, and -300 series airplanes. This AD was prompted by reports of cracking found at a certain fuselage frame inner chord. This AD requires repetitive inspections for any cracking of a certain fuselage frame inner chord; identification of the material of a certain fuselage frame inner chord for certain airplanes; and applicable corrective actions. We are issuing this AD to address the unsafe condition on these products.
Airworthiness Directives; Airbus Helicopters Deutschland GmbH Helicopters
We propose to supersede Airworthiness Directive (AD) 2017-02- 07 for Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB-BK 117 C-2 and Model MBB-BK 117 D-2 helicopters. AD 2017-02-07 currently requires a repetitive inspection and a one-time torque of each hydraulic module plate assembly attachment point (attachment point). Since we issued AD 2017-02-07, a terminating action has been developed to address the unsafe condition. This proposed AD would retain the initial inspection and torque requirements of AD 2017-02-07 and require replacing the attachment point hardware. The actions of this proposed AD are intended to prevent an unsafe condition on these products.
Airworthiness Directives; Airbus Airplanes
We are adopting a new airworthiness directive (AD) for certain Airbus Model A318 series airplanes; Model A319 series airplanes; and Model A320-211, -212, -214, -216, -231, -232, and -233 airplanes. This AD was prompted by a report indicating that the lower rib foot angle of the center wing box did not match with the bottom skin panel inner surface. This AD requires repetitive inspections for cracking of the external bottom skin in certain areas on the left and right wings, and corrective actions if necessary. We are issuing this AD to address the unsafe condition on these products.
1,3-dibromo-5,5-dimethylhydantoin; Exemption From the Requirement of a Tolerance
This regulation establishes an exemption from the requirement of a tolerance for residues of 1,3-dibromo-5,5-dimethylhydantoin in or on food when used in antimicrobial pesticide formulations applied to food contact surfaces in public eating places, dairy processing equipment, and/or food processing equipment and utensils. In addition, this regulation establishes an exemption from the requirement of a tolerance for residues of 1,3-dibromo-5,5-dimethylhydantoin when used as an antimicrobial pesticide treatment solution. Albemarle Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting exemptions from the requirement of a tolerance for residues of 1,3-dibromo-5,5-dimethylhydantoin in end-use products applied to food contact surfaces and used for washing raw agricultural commodities. This regulation eliminates the need to establish a maximum permissible level of residues of 1,3-dibromo-5,5-dimethylhydantoin resulting from uses consistent with the terms of these exemptions.
Tip Regulations Under the Fair Labor Standards Act (FLSA)
The Department of Labor (Department) is proposing to rescind portions of its tip regulations issued pursuant to the Fair Labor Standards Act that impose restrictions on employers that pay a direct cash wage of at least the full federal minimum wage and do not seek to use a portion of tips as a credit toward their minimum wage obligations. This Notice of Proposed Rulemaking (NPRM) seeks the views of the public on the Department's proposed rescission of those portions of the regulations.
Airworthiness Directives; The Boeing Company Airplanes
We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 737-300, -400, -500, -600, -700, -700C, -800, -900, and -900ER series airplanes; Model 757 airplanes; Model 767 airplanes; Model 777 airplanes; and Model 787-8 and 787-9 airplanes. This proposed AD was prompted by reports of fuel crossfeed valves failing to open when activated during flight. This proposed AD would require, for certain airplanes, revising the airplane flight manual (AFM); and for certain other airplanes, revising the minimum equipment list (MEL) to do an operational check of the fuel crossfeed valve prior to each extended range operations (ETOPS) flight if one fuel crossfeed valve (or the fuel balancing system on Model 787 airplanes) is inoperative. We are proposing this AD to address the unsafe condition on these products.
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