January 16, 2018 – Federal Register Recent Federal Regulation Documents

Adjustment of Civil Monetary Penalties for Inflation
Document Number: 2018-00614
Type: Rule
Date: 2018-01-16
Agency: Department of Education
The Department of Education (Department) issues these final regulations to adjust the Department's civil monetary penalties (CMPs) for inflation. An initial ``catch-up'' adjustment was required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), which amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Inflation Adjustment Act). These final regulations provide the 2018 annual inflation adjustments being made to the penalty amounts in the Department's final regulations published in the Federal Register on April 20, 2017 (2017 final rule).
Drawbridge Operation Regulation; Isthmus Slough, Coos Bay, OR
Document Number: 2018-00611
Type: Rule
Date: 2018-01-16
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is temporarily modifying the operating schedule that governs the Oregon State secondary highway bridge (Isthmus Slough Bridge), across Isthmus Slough, mile 1.0, at Coos Bay, OR. To accommodate Oregon Department of Transportation's (ODOT) preservation, painting and replacement of the bridge equipment, ODOT will operate half the double bascule span (single leaf). Additionally, during the period of this work, the non-functioning leaf of the span's vertical clearance will be reduced.
Endangered and Threatened Wildlife and Plants; Taxonomical Update for Orangutan
Document Number: 2018-00610
Type: Rule
Date: 2018-01-16
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the revised taxonomy of the orangutan under the Endangered Species Act of 1973, as amended (Act). When we listed the orangutan in 1970, the listed entity included all orangutans in the genus Pongo. At that time, the scientific community recognized one species (Pongo pygmaeus) in the genus Pongo, which consisted of two subspecies (P. pygmaeus pygmaeus and P. p. abelii). However, the orangutan has recently been reclassified as belonging to two distinct species: P. pygmaeus and P. abelii. Therefore, we are revising the List of Endangered and Threatened Wildlife to reflect the current scientifically accepted taxonomy and nomenclature of the orangutan. Because all orangutans in the genus Pongo are already included under the original listing of Pongo pygmaeus as endangered under the Act, the newly recognized taxonomic species is considered part of the original listed entity, and this technical correction does not alter the regulatory protections afforded to the orangutan. For the same reason, if other Pongo species emerge due to future taxonomic revisions to further subdivide the genus Pongo, they would be encompassed by the original listing and this technical correction.
Implementation of the Federal Civil Penalties Inflation Adjustment Act and Adjustment of Amounts for 2018
Document Number: 2018-00587
Type: Rule
Date: 2018-01-16
Agency: National Aeronautics and Space Administration, Agencies and Commissions
The National Aeronautics and Space Administration (NASA) has adopted a final rule making inflation adjustments to civil monetary penalties within its jurisdiction. This final rule represents the annual 2018 inflation adjustments of monetary penalties. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
Annual Civil Monetary Penalties Inflation Adjustment
Document Number: 2018-00558
Type: Rule
Date: 2018-01-16
Agency: Corporation for National and Community Service, Agencies and Commissions
The Corporation for National and Community Service (CNCS) is updating its regulations to reflect required annual inflation-related increases to the civil monetary penalties in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
Clarification of When Products Made or Derived From Tobacco Are Regulated as Drugs, Devices, or Combination Products; Amendments to Regulations Regarding “Intended Uses”; Proposed Partial Delay of Effective Date
Document Number: 2018-00555
Type: Proposed Rule
Date: 2018-01-16
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA, the Agency, or we) is proposing to delay the effective date of certain portions of a final rule published in the Federal Register of January 9, 2017. In the Federal Register of February 7, 2017, we delayed until March 21, 2017, the effective date of the final rule. In the Federal Register of March 20, 2017, we further delayed the effective date of the final rule until March 19, 2018, and invited public comment on the rule. This action, if finalized, will delay until further notice the effective date of the portions of the final rule amending FDA's existing regulations describing the types of evidence that may be considered in determining a medical product's intended uses. FDA received a number of comments on the final rule that raise questions about the amendments to the existing medical product ``intended use'' regulations. FDA is proposing to delay the effective date of the amendments to the existing medical product ``intended use'' regulations to allow further consideration of the substantive issues raised in the comments received. This action, if finalized, will not further delay the effective date of the new regulation that describes the circumstances in which a product made or derived from tobacco that is intended for human consumption will be subject to regulation as a drug, device, or a combination product under the Federal Food, Drug, and Cosmetic Act (FD&C Act).
Unique Device Identification: Policy Regarding Compliance Dates for Class I and Unclassified Devices; Immediately in Effect Guidance for Industry and Food and Drug Administration Staff; Availability
Document Number: 2018-00550
Type: Rule
Date: 2018-01-16
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or Agency) is announcing the availability of the guidance for industry and FDA Staff entitled ``Unique Device Identification: Policy Regarding Compliance Dates for Class I and Unclassified Devices; Immediately in Effect Guidance for Industry and Food and Drug Administration Staff.'' This guidance describes FDA's intention with respect to the enforcement of unique device identification requirements for certain class I and unclassified devices. FDA does not intend to enforce standard date formatting, labeling, and Global Unique Device Identification Database (GUDID) data submission requirements under Agency regulations for these devices before September 24, 2020. In addition, FDA does not intend to enforce direct mark requirements under an Agency regulation for these devices before September 24, 2022. The policy described in this guidance does not apply to implantable, life-supporting, or life-sustaining devices. The guidance document is immediately in effect, but it remains subject to comment in accordance with the Agency's good guidance practices.
Secure Tests: Extension of Comment Period
Document Number: 2018-00549
Type: Rule
Date: 2018-01-16
Agency: Library of Congress, Agencies and Commissions
The U.S. Copyright Office is further extending the deadline for the submission of written comments in response to its June 12, 2017 and November 13, 2017 interim rules, regarding changes to the special procedure for examining secure tests, and the creation of a new group registration option for secure tests, respectively.
Special Conditions: Dassault Aviation Model Falcon 5X Airplanes; Non-Rechargeable Lithium Battery Installations
Document Number: 2018-00548
Type: Rule
Date: 2018-01-16
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for non-rechargeable lithium battery installations on the Dassault Aviation (Dassault) Model Falcon 5X airplane. Non-rechargeable lithium batteries are a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Special Conditions: Gulfstream Aerospace Corporation, Gulfstream GVI Airplane; Non-Rechargeable Lithium Battery Installations
Document Number: 2018-00547
Type: Rule
Date: 2018-01-16
Agency: Federal Aviation Administration, Department of Transportation
This document corrects errors that appeared in Docket No. FAA- 2015-4279, Special Conditions No. 25-612-SC, which was published in the Federal Register on April 22, 2016. The errors are incorrect title 14, Code of Federal Regulations section citations in two locations in the final special conditions document.
Special Conditions: Airbus Model A330-841 and A330-941 New Engine Option (A330neo) Airplanes; Use of High-Incidence Protection and Alpha-Floor Systems
Document Number: 2018-00546
Type: Rule
Date: 2018-01-16
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Airbus Model A330- 841 and A330-941 New Engine Option (A330neo) airplanes. These airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport- category airplanes. This design feature is a high-incidence protection system that limits the angle of attack (AOA) at which the airplane can be flown during normal low-speed operations, and that the flightcrew cannot override. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Civil Penalties Adjustment for 2018
Document Number: 2018-00537
Type: Rule
Date: 2018-01-16
Agency: National Endowment for the Arts, National Foundation for the Arts and Humanities
The National Endowment for the Arts (NEA) is adjusting the maximum civil monetary penalties (CMPs) that may be imposed for violations of the Program Fraud Civil Remedies Act (PFCRA) and the NEA's Restrictions on Lobbying to reflect the requirements of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act). The 2015 Act further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Inflation Adjustment Act) to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. This final rule provides the 2018 annual inflation adjustments to the initial ``catch-up'' adjustments made on June 15, 2017.
Rights of Way; Removal of Outdated Reference
Document Number: 2018-00516
Type: Rule
Date: 2018-01-16
Agency: Department of the Interior, National Park Service
This rule removes an outdated reference to a document establishing environmental criteria for electric transmissions lines that is no longer used by the National Park Service to evaluate applications for right-of-way permits.
General Regulations; Areas of the National Park System, Free Distribution of Other Message-Bearing Items
Document Number: 2018-00515
Type: Rule
Date: 2018-01-16
Agency: Department of the Interior, National Park Service
The National Park Service revises its general rule governing the sale or distribution of printed matter to include the free distribution of message-bearing items that do not meet the regulatory definition of ``printed matter.'' This change gives visitors an additional channel of communication while protecting the resources and values of the National Park System.
Annual Adjustment of Civil Monetary Penalty To Reflect Inflation
Document Number: 2018-00505
Type: Rule
Date: 2018-01-16
Agency: Department of the Interior, National Indian Gaming Commission
In compliance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Act) and Office of Management and Budget (OMB) guidance, the National Indian Gaming Commission (NIGC or Commission) is amending its civil monetary penalty rule to reflect an annual adjustment for inflation in order to improve the penalty's effectiveness and maintain its deterrent effect. The Act provides that the new penalty level must apply to penalties assessed after the effective date of the increase, including when the penalties whose associated violation predate the increase.
Civil Monetary Penalty Inflation Adjustment
Document Number: 2018-00488
Type: Rule
Date: 2018-01-16
Agency: National Credit Union Administration, Agencies and Commissions
The NCUA Board (Board) is amending its regulations to adjust the maximum amount of each civil monetary penalty (CMP) within its jurisdiction to account for inflation. This action, including the amount of the adjustments, is required under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
Airworthiness Directives; Airbus Helicopters
Document Number: 2018-00478
Type: Rule
Date: 2018-01-16
Agency: Federal Aviation Administration, Department of Transportation
We are superseding Airworthiness Directive (AD) 2015-22-53 for Airbus Helicopters Model AS350B3 helicopters. AD 2015-22-53 required revising the rotorcraft flight manual (RFM) to perform the yaw load compensator check after rotor shut-down and to state that the yaw servo hydraulic switch must be in the ``ON'' position before taking off. Since we issued AD 2015-22-53, Airbus Helicopters developed a modification of the ACCU TST switch. This new AD retains the requirements of AD 2015-22-53 and requires modifying the yaw servo hydraulic switch (collective switch) and replacing the ACCU TST button. The actions of this AD are intended to address an unsafe condition on these products.
Air Plan Approval; Connecticut; Revision of the Low Emission Vehicles Program
Document Number: 2018-00477
Type: Proposed Rule
Date: 2018-01-16
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Connecticut on December 14, 2015. This SIP revision includes Connecticut's revised regulation for new motor vehicle emission standards. Connecticut has updated its rule to be consistent with various updates made to California's low emission vehicle (LEV) program. The Connecticut LEV regulations also include updates to the zero emission vehicle (ZEV) provision. Connecticut has adopted these revisions to reduce emissions of volatile organic compounds (VOC), particulate matter (PM), and nitrogen oxides (NOX) in accordance with the requirements of the Clean Air Act (CAA), as well as to reduce greenhouse gases. The intended effect of this action is to propose approval of Connecticut's December 14, 2015 SIP revision. This action is being taken under the CAA.
Airworthiness Directives; DG Flugzeugbau GmbH Gliders
Document Number: 2018-00476
Type: Proposed Rule
Date: 2018-01-16
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede Airworthiness Directive (AD) 2017-08- 09 for DG Flugzeugbau GmbH Models DG-500MB gliders that are equipped with a Solo 2625 02 engine modified with a fuel injection system following the instructions of Solo Kleinmotoren GmbH Technische Mitteilung (TM)/Service Bulletin (SB) 4600-3 ``Fuel Injection System'' and identified as Solo 2625 02i. 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 the potential of an in-flight shut-down and engine fire due to failure of the connecting stud for the two fuel injector mounts of the engine redundancy system on gliders equipped with a Solo 2625 02i engine. This proposed AD adds the DG Flugzeugbau GmbH Model DG- 1000M glider equipped with Solo 2625 02i engines to the applicability. We are issuing this proposed AD to require actions to address the unsafe condition on these products.
Oklahoma: Approval of State Coal Combustion Residuals State Permit Program
Document Number: 2018-00474
Type: Proposed Rule
Date: 2018-01-16
Agency: Environmental Protection Agency
Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is proposing to approve the application submitted by the Oklahoma Department of Environmental Quality to allow the Oklahoma Coal Combustion Residuals (CCR) state permit program to operate in lieu of the Federal CCR program. EPA has preliminarily determined that Oklahoma's program meets the standard for approval under RCRA. Once approved, the State program requirements and resulting permit provisions will be subject to EPA's inspection and enforcement authorities under RCRA and other applicable statutory and regulatory provisions as discussed below. This notice also announces that EPA is seeking comment on this proposal during a 45-day public comment period, and is providing an opportunity to request a public hearing within the first 15 days of this comment period.
Treatment of Certain Communications Involving Security-Based Swaps That May Be Purchased Only by Eligible Contract Participants
Document Number: 2018-00347
Type: Rule
Date: 2018-01-16
Agency: Securities and Exchange Commission, Agencies and Commissions
We are adopting a rule under the Securities Act of 1933 (``Securities Act'') to provide that certain communications involving security-based swaps will not be deemed to constitute ``offers'' of such security-based swaps for purposes of Section 5 of the Securities Act. The final rule covers the publication or distribution of price quotes that relate to security-based swaps that may be purchased only by persons who are eligible contract participants (``covered SBS'') and are traded or processed on or through certain trading platforms. The final rule also covers a broker, dealer, or security-based swap dealer's publication or distribution of written communications that discuss covered SBS and that meet the definition of ``research report'' in Rule 139(d) under the Securities Act and certain other conditions.
Airworthiness Directives; Bombardier, Inc.
Document Number: 2018-00340
Type: Proposed Rule
Date: 2018-01-16
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede Airworthiness Directive (AD) 2014-02- 01, which applies to certain Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), Model CL-600-2D15 (Regional Jet Series 705), and Model CL-600-2D24 (Regional Jet Series 900) airplanes. AD 2014-02-01 requires repetitive inspections of the rudder travel limiter (RTL) return springs and primary actuator, and corrective actions if necessary; and replacement of certain RTL return springs. Since we issued AD 2014-02-01, we received reports that when installing the RTL return springs, the RTL limiter arm assembly lug can become deformed. This proposed AD would require an inspection of the RTL return springs for signs of chafing; an inspection of the casing of the primary actuator for signs of chafing or missing paint; replacement of the RTL return springs; and an inspection of the lugs of the RTL limiter arm assembly for cracks, and modification or replacement, as applicable; and applicable corrective actions. This proposed AD would also add airplanes to the applicability. We are proposing this AD to address the unsafe condition on these products.
Bridging the Digital Divide for Low-Income Consumers, Lifeline and Link Up Reform and Modernization, Telecommunications Carriers Eligible for Universal Service Support
Document Number: 2018-00153
Type: Proposed Rule
Date: 2018-01-16
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) proposes and seeks comment on reforms to ensure the Lifeline program rules comport with the authority granted to the Commission in the Communications Act and to curb wasteful and abusive spending in the Lifeline program. The Commission also seeks comment on how Lifeline might more efficiently target funds to areas and households most in need of help in obtaining digital opportunity.
Bridging the Digital Divide for Low-Income Consumers, Lifeline and Link Up Reform and Modernization, Telecommunications Carriers Eligible for Universal Service Support
Document Number: 2018-00152
Type: Rule
Date: 2018-01-16
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) takes a fresh look at the Commission's Lifeline program and makes changes to the Lifeline rules to ensure that the program can more effectively and efficiently help close the digital divide for low- income consumers, while minimizing the contributions burden on ratepayers by tackling waste, fraud, and abuse.
Electronic Delivery of MVPD Communications; Modernization of Media Regulation Initiative
Document Number: 2018-00151
Type: Proposed Rule
Date: 2018-01-16
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) addresses ways to modernize certain notice provisions in the Commission's rules governing multichannel video and cable television service.
Airworthiness Directives; Airbus Airplanes
Document Number: 2018-00110
Type: Rule
Date: 2018-01-16
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all 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) airplanes. This AD was prompted by a revision of certain airworthiness limitation item (ALI) documents, which require more restrictive maintenance requirements and airworthiness limitations. This AD requires revising the maintenance or inspection program, as applicable, to incorporate new maintenance requirements and airworthiness limitations. We are issuing this AD to address the unsafe condition on these products.
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