December 20, 2017 – Federal Register Recent Federal Regulation Documents

Medical Devices; General Hospital and Personal Use Devices; Classification of the Image Processing Device for Estimation of External Blood Loss
Document Number: 2017-27443
Type: Rule
Date: 2017-12-20
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or we) is classifying the image processing device for estimation of external blood loss 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 image processing device for estimation of external blood loss' 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.
Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard
Document Number: 2017-27433
Type: Proposed Rule
Date: 2017-12-20
Agency: Federal Communications Commission, Agencies and Commissions
In this document, we seek further comment on issues related to exceptions to and waivers of the local simulcasting requirement, whether we should let full power broadcasters use channels in the television broadcast band that are vacant to facilitate the transition to 3.0, and finally, we tentatively conclude that local simulcasting should not change the significantly viewed status of a Next Gen TV station.
Approval of California Air Plan Revisions, San Diego County Air Pollution Control District
Document Number: 2017-27432
Type: Proposed Rule
Date: 2017-12-20
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve revisions to the San Diego County Air Pollution Control District (SDCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from polyester resin operations. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or ``the Act''), as well as a rule rescission. We are taking comments on this proposal and plan to follow with a final action.
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2018 Gulf of Alaska Pollock and Pacific Cod Total Allowable Catch Amounts
Document Number: 2017-27429
Type: Rule
Date: 2017-12-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is adjusting the 2018 total allowable catch (TAC) amounts for the Gulf of Alaska (GOA) pollock and Pacific cod fisheries. This action is necessary because NMFS has determined these TACs are incorrectly specified, and will ensure the GOA pollock and Pacific cod TACs are the appropriate amounts based on the best available scientific information for pollock and Pacific cod in the GOA. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska.
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2018 Bering Sea and Aleutian Islands Pollock, Atka Mackerel, and Pacific Cod Total Allowable Catch Amounts
Document Number: 2017-27428
Type: Rule
Date: 2017-12-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is adjusting the 2018 total allowable catch (TAC) amounts for the Bering Sea and Aleutian Islands (BSAI) pollock, Atka mackerel, and Pacific cod fisheries. This action is necessary because NMFS has determined these TACs are incorrectly specified, and will ensure the BSAI pollock, Atka mackerel, and Pacific cod TACs are the appropriate amounts based on the best available scientific information. Also, NMFS is announcing the Aleutian Islands Catcher Vessel (CV) Harvest Set- Aside and Bering Sea Trawl CV A-Season Sector Limitation will be in effect for 2018, and TACs in this inseason adjustment will apply for 2018. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Atka Mackerel in the Bering Sea and Aleutian Islands Management Area
Document Number: 2017-27427
Type: Rule
Date: 2017-12-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is reallocating the projected unused amount of the 2017 Bering Sea subarea and Eastern Aleutian Island District (BS/EAI) Atka mackerel total allowable catch (TAC) assigned to the Bering Sea and Aleutian Islands (BSAI) trawl limited access sector to the Amendment 80 cooperative in the BS/EAI of the BSAI. This action is necessary to allow the 2017 TAC of Atka mackerel in the BSAI to be fully harvested.
Retail Commodity Transactions Involving Virtual Currency
Document Number: 2017-27421
Type: Proposed Rule
Date: 2017-12-20
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (the ``Commission'' or ``CFTC'') is issuing this proposed interpretation of the term ``actual delivery'' as set forth in a certain provision of the Commodity Exchange Act (``CEA'') pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act''). Specifically, this proposed interpretation is being issued to inform the public of the Commission's views as to the meaning of actual delivery within the specific context of retail commodity transactions in virtual currency. The Commission requests comment on this proposed interpretation and further invites comment on specific questions related to the Commission's treatment of virtual currency transactions.
Final Supplementary Rules for Guffey Gorge in Park County, Colorado
Document Number: 2017-27413
Type: Rule
Date: 2017-12-20
Agency: Department of the Interior
The Bureau of Land Management (BLM) Royal Gorge Field Office is implementing supplementary rules to regulate certain activities on public lands within Guffey Gorge in Park County, Colorado. These supplementary rules are necessary to implement decisions found in the Guffey Gorge Management Plan approved on June 29, 2015, to provide for the protection of persons, property, and public lands and resources located within the 80-acre site. These supplementary rules will result in changes to some currently authorized activities related to the possession or use of alcohol, amplified music, vehicle parking, and visitors with dogs.
Agency Reorganization
Document Number: 2017-27411
Type: Rule
Date: 2017-12-20
Agency: National Credit Union Administration, Agencies and Commissions
The NCUA Board (``Board'') is issuing a final rule to implement certain features of the NCUA reorganization that the Board announced earlier this year. This rule amends the NCUA's regulations related to the organization of the NCUA's Central Office.
Emergency Mergers-Chartering and Field of Membership
Document Number: 2017-27410
Type: Rule
Date: 2017-12-20
Agency: National Credit Union Administration, Agencies and Commissions
The NCUA Board (Board) is issuing this final rule to amend, in its Chartering and Field of Membership Manual, the definition of the term ``in danger of insolvency'' for emergency merger purposes. The previous definition, adopted in 2010 (2010 definition), required a credit union to fall into at least one of three net worth categories over a period of time to be ``in danger of insolvency.'' For two of those three categories, the final rule lengthens by six months the forecast horizons, the time periods in which the NCUA projects a credit union's net worth will decline to the point that it falls into one of the categories. This extends the time period in which a credit union's net worth is projected to either render it insolvent or drop below two percent from 24 to 30 months and from 12 to 18 months, respectively. Additionally, the final rule adds a fourth category to the three existing net worth categories to include credit unions that have been granted or received assistance under section 208 of the Federal Credit Union Act (FCU Act) in the 15 months prior to the NCUA regional office's determination that the credit union is in danger of insolvency.
2016 Quarterly Listings; Safety Zones, Security Zones, Special Local Regulations, Drawbridge Operation Regulations and Regulated Navigation Areas
Document Number: 2017-27409
Type: Rule
Date: 2017-12-20
Agency: Coast Guard, Department of Homeland Security
This document provides notice of substantive rules issued by the Coast Guard that were made temporarily effective but expired before they could be published in the Federal Register. This notice lists temporary safety zones, security zones, special local regulations, drawbridge operation regulations and regulated navigation areas, all of limited duration and for which timely publication in the Federal Register was not possible.
2016 Quarterly Listings; Safety Zones, Security Zones, Special Local Regulations, Drawbridge Operation Regulations and Regulated Navigation Areas
Document Number: 2017-27404
Type: Rule
Date: 2017-12-20
Agency: Coast Guard, Department of Homeland Security
This document provides notice of substantive rules issued by the Coast Guard that were made temporarily effective but expired before they could be published in the Federal Register. This document lists temporary safety zones, security zones, special local regulations, drawbridge operation regulations and regulated navigation areas, all of limited duration and for which timely publication in the Federal Register was not possible.
Drawbridge Operation Regulation; Quantuck Canal, Westhampton Beach, NY
Document Number: 2017-27403
Type: Rule
Date: 2017-12-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is modifying the operating schedule that governs the Beach Lane Bridge across Quantuck Canal, mile 1.1, at Westhampton Beach, New York. This action is necessary to allow for an unexpected delay in the rehabilitation of the bascule leaves and painting of the bridge. A temporary deviation was previously granted for a length of 180 days. As the Coast Guard may not approve extensions beyond that allotted timeframe nor approve back-to-back or sequential deviations, it is necessary to issue this rule in order to allow the bridge owner to complete the remaining work items.
Rules of Practice and Procedures To Formulate or Amend a Marketing Agreement or a Marketing Order, or Certain Research and Promotion Orders; Correction
Document Number: 2017-27401
Type: Rule
Date: 2017-12-20
Agency: Agricultural Marketing Service, Department of Agriculture
This document contains a correction to the final rule which was published on December 11, 2017. In the final rule, the Regulatory Information Number (RIN) appears as RIN 0581-AD74. This number is incorrect. The correct number is 0581-AD76. This document corrects the final rule.
Regulation D: Reserve Requirements of Depository Institutions
Document Number: 2017-27393
Type: Rule
Date: 2017-12-20
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors of the Federal Reserve System (``Board'') is amending Regulation D (Reserve Requirements of Depository Institutions) to revise the rate of interest paid on balances maintained to satisfy reserve balance requirements (``IORR'') and the rate of interest paid on excess balances (``IOER'') maintained at Federal Reserve Banks by or on behalf of eligible institutions. The final amendments specify that IORR is 1.50 percent and IOER is 1.50 percent, a 0.25 percentage point increase from their prior levels. The amendments are intended to enhance the role of such rates of interest in moving the Federal funds rate into the target range established by the Federal Open Market Committee (``FOMC'' or ``Committee'').
Regulation A: Extensions of Credit by Federal Reserve Banks
Document Number: 2017-27392
Type: Rule
Date: 2017-12-20
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors of the Federal Reserve System (``Board'') has adopted final amendments to its Regulation A to reflect the Board's approval of an increase in the rate for primary credit at each Federal Reserve Bank. The secondary credit rate at each Reserve Bank automatically increased by formula as a result of the Board's primary credit rate action.
Endangered and Threatened Wildlife and Plants; 90-Day Findings for Five Species
Document Number: 2017-27389
Type: Proposed Rule
Date: 2017-12-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on several petitions to list or reclassify wildlife or plants under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petitions present substantial scientific or commercial information indicating that the petitioned actions may be warranted with respect to the species mentioned in this notification. Therefore, with the publication of this document, we announce that we plan to initiate a review of the status of each of these species to determine if the petitioned actions are warranted. To ensure that these status reviews are comprehensive, we are requesting scientific and commercial data and other information regarding these species. After completing the status reviews, we will issue 12-month findings on the petitions, which will address whether or not the petitioned action is warranted, in accordance with the Act. In addition, we announce a correction to information contained in the 90- day petition finding for the leopard (Panthera pardus), which clarifies the range and entity we are evaluating in our status review of the species.
Addition of Certain Entities to the Entity List
Document Number: 2017-27388
Type: Rule
Date: 2017-12-20
Agency: Department of Commerce, Bureau of Industry and Security
This rule amends the Export Administration Regulations (EAR) by adding two entities to the Entity List. The two entities being added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These two entities will be listed on the Entity List under the destination of Russia.
Drawbridge Operation Regulation; San Leandro Bay, Between Alameda and Bay Farm Island, CA
Document Number: 2017-27386
Type: Rule
Date: 2017-12-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has issued a temporary deviation from the operating schedule that governs the California Department of Transportation Highway and Bicycle drawbridges across San Leandro Bay, mile 0.0 and mile 0.1, between Alameda and Bay Farm Island, CA. The deviation is necessary to allow the bridge owner to perform major rehabilitation and maintenance. This deviation allows the bridges to remain in the closed-to-navigation position during the deviation period.
Safety Zone; Spa Creek, Annapolis, MD
Document Number: 2017-27381
Type: Rule
Date: 2017-12-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone for certain waters of Spa Creek. This action is necessary to provide for the safety of life on navigable waters during a fireworks display in Anne Arundel County at Annapolis, MD, on December 31, 2017. This rulemaking prohibits persons and vessels from entering the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative.
Test Procedures and Labeling Standards for Recycled Oil
Document Number: 2017-27374
Type: Proposed Rule
Date: 2017-12-20
Agency: Federal Trade Commission, Agencies and Commissions
The Federal Trade Commission (``FTC'' or ``Commission'') requests public comment on the overall costs, benefits, and regulatory and economic impact of its rule specifying Test Procedures and Labeling Standards for Recycled Oil (``Recycled Oil Rule'' or ``Rule''), as part of the Commission's systematic review of all current FTC rules and guides.
Allocation of Assets in Single-Employer Plans; Valuation of Benefits and Assets; Expected Retirement Age
Document Number: 2017-27361
Type: Rule
Date: 2017-12-20
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
This rule amends the Pension Benefit Guaranty Corporation's regulation on Allocation of Assets in Single-Employer Plans by substituting a new table for determining expected retirement ages for participants in pension plans undergoing distress or involuntary termination with valuation dates falling in 2018. This table is needed to compute the value of early retirement benefits and, thus, the total value of benefits under a plan.
Drawbridge Operation Regulation; Sacramento River, Sacramento, CA
Document Number: 2017-27323
Type: Rule
Date: 2017-12-20
Agency: Coast Guard, Department of Homeland Security
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 New Year's Eve Sky Spectacular fireworks show. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period.
Pacific Island Fisheries; 2017 Hawaii Kona Crab Annual Catch Limit and Accountability Measure
Document Number: 2017-27322
Type: Proposed Rule
Date: 2017-12-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes a 2017 annual catch limit (ACL) of 3,500 lb for Hawaii Kona Crab, and an accountability measure (AM) to correct or mitigate any overages of catch limits. The proposed ACL and AM support the long-term sustainability of fishery resources of the U.S. Pacific Islands.
Safety and Effectiveness of Health Care Antiseptics; Topical Antimicrobial Drug Products for Over-the-Counter Human Use
Document Number: 2017-27317
Type: Rule
Date: 2017-12-20
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA, the Agency, or we) is issuing this final rule establishing that certain active ingredients used in nonprescription (also known as over-the-counter or OTC) antiseptic products intended for use by health care professionals in a hospital setting or other health care situations outside the hospital are not generally recognized as safe and effective (GRAS/GRAE). FDA is issuing this final rule after considering the recommendations of the Nonprescription Drugs Advisory Committee (NDAC); public comments on the Agency's notices of proposed rulemaking; and all data and information on OTC health care antiseptic products that have come to the Agency's attention. This final rule finalizes the 1994 tentative final monograph (TFM) for OTC health care antiseptic drug products that published in the Federal Register of June 17, 1994 (the 1994 TFM) as amended by the proposed rule published in the Federal Register (FR) of May 1, 2015 (2015 Health Care Antiseptic Proposed Rule (PR)).
Hours of Service; Electronic Logging Devices; Limited 90-Day Waiver for the Transportation of Agricultural Commodities
Document Number: 2017-27311
Type: Rule
Date: 2017-12-20
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA grants a limited 90-day waiver from the Federal hours- of-service (HOS) regulations pertaining to electronic logging devices (ELDs) for the transportation of agricultural commodities as defined in the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency takes this action in response to a waiver request from the National Pork Producers Council (NPPC) on behalf of eight organizations representing transporters of livestock and other agricultural commodities, as defined in the FMCSRs. The Agency has determined that the waiver is in the public interest and would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption, based on the terms and conditions imposed. The waiver will also through notice and public comment, provide FMCSA with time to consider certain exemption applications from segments of the agricultural industry concerning the use of ELDs to document drivers' hours of service and clarify applicability of the requirements and the need for certain carriers to begin using ELDs by the December 18, 2017, deadline.
Hours of Service of Drivers of Commercial Motor Vehicles; Proposed Regulatory Guidance Concerning the Transportation of Agricultural Commodities
Document Number: 2017-27310
Type: Proposed Rule
Date: 2017-12-20
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces regulatory guidance to clarify the applicability of the ``Agricultural commodity'' exception to the ``Hours of Service of Drivers'' regulations, and requests public comments. This regulatory guidance is being proposed to ensure consistent understanding and application of the exception by motor carriers and State officials enforcing hours of service rules identical to or compatible with FMCSA's requirements.
Safety Zone; Pacific Ocean, Kilauea Lava Flow Ocean Entry on Southeast Side of Island of Hawaii, HI
Document Number: 2017-27297
Type: Proposed Rule
Date: 2017-12-20
Agency: Coast Guard, Department of Homeland Security
On April 3, 2017, the Coast Guard published a notice of proposed rulemaking to establish a permanent safety zone surrounding the entry of lava from the Kilauea volcano into the Pacific Ocean on the southeast side of the Island of Hawaii, HI. The safety zone is needed to protect persons and vessels from the potential hazards associated with molten lava entering the ocean. After considering comments received from the public, the Coast Guard analyzed the economic impact of the proposed rule and made minor modifications to the proposed rule. This supplemental notice requests comments on the analysis and revised proposal.
Airworthiness Directives; Airbus Helicopters (Previously Eurocopter France)
Document Number: 2017-27274
Type: Rule
Date: 2017-12-20
Agency: Federal Aviation Administration, Department of Transportation
We are superseding Airworthiness Directive (AD) 2009-25-07 for Airbus Helicopters Model EC120B helicopters. AD 2009-25-07 required amending the rotorcraft flight manual supplement (RFMS) and pre-flight checking the emergency flotation gear before each flight over water. Since we issued AD 2009-25-07, Airbus Helicopters developed a terminating action and identified an additional part- numbered emergency floatation gear part with the unsafe condition. This new AD retains the requirements of AD 2009-25-07, expands the applicability, and adds a terminating action for the repetitive inspections. The actions of this AD are intended to correct an unsafe condition on these helicopters.
Training, Qualification, and Oversight for Safety-Related Railroad Employees
Document Number: 2017-27272
Type: Proposed Rule
Date: 2017-12-20
Agency: Federal Railroad Administration, Department of Transportation
In response to a petition for reconsideration of a final rule, FRA proposes to amend its regulations (Training, Qualification, and Oversight for Safety-Related Railroad Employees) by delaying certain implementation dates an additional year. FRA previously delayed the regulations' implementation dates for one year in a final rule published May 3, 2017 (May 2017 Final Rule).
Airworthiness Directives; The Enstrom Helicopter Corporation Helicopters
Document Number: 2017-27268
Type: Rule
Date: 2017-12-20
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the Enstrom Helicopter Corporation (Enstrom) Model F-28, F-28A, F-28C, F- 28C-2, F-28C-2R, F-28F, F-28F-R, TH-28, 280, 280C, 280F, 280FX, 480, and 480B helicopters. This AD requires inspecting certain rod end bearing assemblies. This AD is prompted by an accident. The actions of this AD are intended to prevent an unsafe condition on these helicopters.
Airworthiness Directives; Agusta S.p.A. Helicopters
Document Number: 2017-27263
Type: Rule
Date: 2017-12-20
Agency: Federal Aviation Administration, Department of Transportation
We are superseding airworthiness directive (AD) 2011-27-08 for Agusta S.p.A. (Agusta) Model A109S and AW109SP helicopters. AD 2011-27- 08 required repetitively inspecting each elevator assembly for a crack. This new AD retains the initial inspection interval and adds a repetitive borescope inspection. This AD is prompted by the discovery of another crack on an elevator assembly since AD 2011-27-08 was issued. The actions of this AD are intended to prevent an unsafe condition on these helicopters.
Change to Automatic Dependent Surveillance Broadcast Services
Document Number: 2017-27202
Type: Rule
Date: 2017-12-20
Agency: Federal Aviation Administration, Department of Transportation
This action announces changes in ADS-B services, including Traffic Information ServiceBroadcast (TIS-B), for a small number of aircraft. The FAA is implementing a filter for certain ADS-B equipped aircraft broadcasting erroneous or improper information when the broadcast information could affect the safe provision of air traffic services. Any aircraft subject to the filter will not have its ADS-B information sent to an air traffic control (ATC) facility nor will the aircraft be a client for TIS-B services. Affected aircraft will continue to receive ATC services within radar coverage using secondary radar information.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2017-27169
Type: Rule
Date: 2017-12-20
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 757-200 series airplanes. This AD was prompted by a report indicating that the main cargo door (MCD) forward-most cam latch on the forward center cam latch pair broke during flight. This AD requires repetitive inspections for discrepancies of cam latches, latch pins, and latch pin cross bolts of the MCD; replacement of all alloy steel latch pin cross bolts with corrosion-resistant steel (CRES) latch pin cross bolts of the MCD; and related investigative and corrective actions if necessary. We are issuing this AD to address the unsafe condition on these products.
Exchange of Coin
Document Number: 2017-27026
Type: Rule
Date: 2017-12-20
Agency: United States Mint, Department of Treasury, Department of the Treasury
This final rule revises Treasury regulations relating to the exchange of uncurrent, bent, partial, fused, and mixed coins, and to update the regulations to comply with the requirement for orderly codification. The revisions include updates to redemption rates and procedures that will enhance the integrity of the acceptance and processing of bent and partial United States coins.
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