February 27, 2018 – Federal Register Recent Federal Regulation Documents

Assistance to States for the Education of Children With Disabilities; Preschool Grants for Children With Disabilities
Document Number: 2018-04102
Type: Proposed Rule
Date: 2018-02-27
Agency: Department of Education
In order to ensure the Department's ``Equity in IDEA'' or ``significant disproportionality'' regulations effectively address significant disproportionality, the Department proposes to postpone the compliance date by two years, from July 1, 2018, to July 1, 2020. The Department also proposes to postpone the date for including children ages three through five in the analysis of significant disproportionality with respect to the identification of children as children with disabilities and as children with a particular impairment from July 1, 2020, to July 1, 2022.
Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations
Document Number: 2018-03992
Type: Proposed Rule
Date: 2018-02-27
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a submittal by the State of California (``State'') to revise its State Implementation Plan (SIP). The submittal consists of State regulations establishing standards and other requirements relating to the control of emissions from certain new and in-use on-road and off- road vehicles and engines. The EPA is proposing to approve the SIP revision because the regulations meet the applicable requirements of the Clean Air Act. If finalized, approval of the regulations as part of the California SIP will make them federally enforceable.
Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities
Document Number: 2018-03989
Type: Proposed Rule
Date: 2018-02-27
Agency: Environmental Protection Agency
This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.
Expanding the Size of the Board of Immigration Appeals
Document Number: 2018-03980
Type: Rule
Date: 2018-02-27
Agency: Executive Office for Immigration Review, Department of Justice
This final rule amends the Executive Office for Immigration Review (EOIR) regulations relating to the organization of the Board of Immigration Appeals (Board) by adding four additional Board member positions, thereby expanding the Board to 21 members.
Approval and Promulgation of Implementation Plans; Texas; Approval of Texas Motor Vehicle Rule Revisions
Document Number: 2018-03974
Type: Rule
Date: 2018-02-27
Agency: Environmental Protection Agency
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving revisions submitted by the State of Texas that affect the Texas State Implementation Plan (SIP) concerning Texas' motor vehicle air pollution rules and retail gasoline dispensing labeling requirements for El Paso. The revisions are non-substantive in nature and do not affect implementation of federal requirements.
Approval and Promulgation of Implementation Plans; Texas; Approval of Texas Motor Vehicle Rule Revisions
Document Number: 2018-03973
Type: Proposed Rule
Date: 2018-02-27
Agency: Environmental Protection Agency
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve revisions submitted by the State of Texas that affect the Texas State Implementation Plan (SIP) concerning Texas' motor vehicle air pollution rules and retail gasoline dispensing labeling requirements for El Paso. The revisions are non-substantive in nature and do not affect implementation of federal requirements.
Fisheries Off West Coast States; Highly Migratory Fisheries; Amendment 4 to Fishery Management Plan for West Coast Highly Migratory Species Fisheries; Revisions to the Biennial Management Cycle
Document Number: 2018-03963
Type: Proposed Rule
Date: 2018-02-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Based on a recommendation from the Pacific Fishery Management Council (Council) NMFS is proposing to revise regulations under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) to implement Amendment 4 to the Fishery Management Plan for U.S. West Coast Highly Migratory Species (HMS FMP). The intent of Amendment 4 is to bring descriptions of the management context for HMS fisheries up to date, to better describe the Council's role in the process of making stock status determinations for highly migratory species (HMS), including the Council's evaluations of the best scientific information available (BSIA), and to change the schedule of the Council's three- meeting biennial management cycle for HMS stocks. Consistent with Amendment 4, this proposed rule would update and amend the descriptions of biennial management cycle activities in the regulations for the HMS FMP to allow the Council to shift the schedule of Council meetings for the consideration of HMS management actions from June, September, and November to September, November, and March. The changes proposed to biennial management cycle activities and the schedule are intended to better streamline international and domestic management processes for HMS. Amendment 4 and this proposed rule are administrative in nature and are not expected to affect activities authorized under the FMP or harvest levels of HMS.
Proposed Changes to Validations for Intelligent Mail Package Barcode
Document Number: 2018-03947
Type: Proposed Rule
Date: 2018-02-27
Agency: Postal Service, Agencies and Commissions
The Postal Service is proposing to revise the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]), to add new Intelligent Mail[supreg] package barcode (IMpb) validations for evaluating compliance with IMpb requirements for all mailers who enter commercial parcels.
Extension of Import Restrictions Imposed on Certain Archaeological Material From Belize
Document Number: 2018-03946
Type: Rule
Date: 2018-02-27
Agency: Department of Homeland Security, U.S. Customs and Border Protection, Department of the Treasury
This final rule amends U.S. Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions on certain archaeological material from Belize. These restrictions, which were imposed by CBP Dec. 13-05, are due to expire on February 27, 2018, unless extended. The Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State (Department of State), has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, the restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to indicate this additional extension. These restrictions are being extended pursuant to determinations of the Department of State 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. CBP Dec. 13-05 contains the Designated List of archaeological material that describes the articles to which the restrictions apply.
Requirements of the Vessel Monitoring System Type-Approval; Reopening of Public Comment Period
Document Number: 2018-03945
Type: Proposed Rule
Date: 2018-02-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service is reopening the public comment period on the proposed rule on requirements of the Vessel Monitoring System Type-Approval that published on December 5, 2017. The comment period ended on January 4, 2018. NMFS did not receive any comments on the original proposed rule and has decided to re-open the comment period for 30 days to provide additional opportunity for informed public comment.
Medical Devices; Hematology and Pathology Devices; Classification of Lynch Syndrome Test Systems
Document Number: 2018-03924
Type: Rule
Date: 2018-02-27
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or we) is classifying Lynch syndrome test systems 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 Lynch syndrome test systems' 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.
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2018 and 2019 Harvest Specifications for Groundfish
Document Number: 2018-03918
Type: Rule
Date: 2018-02-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces final 2018 and 2019 harvest specifications, apportionments, and prohibited species catch allowances for the groundfish fishery of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to establish harvest limits for groundfish during the 2018 and 2019 fishing years, and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Investment Company Liquidity Risk Management Programs; Commission Guidance for In-Kind ETFs
Document Number: 2018-03917
Type: Rule
Date: 2018-02-27
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission is adopting an interim final rule that revises the compliance date for the requirements of rule 22e-4 for classification, highly liquid investment minimum, and board approval, as well as related reporting requirements of Part D on Form N-LIQUID and liquidity disclosures on Form N-PORT under the Investment Company Act of 1940. The revised compliance date will be June 1, 2019, for larger entities (revised from December 1, 2018) and December 1, 2019, for smaller entities (revised from June 1, 2019). The Commission is not extending the compliance date for the other provisions of rule 22e-4 and Form N-LIQUID, and liquidity-related changes to Form N-CENwhich remain December 1, 2018 for larger entities and June 1, 2019 for smaller entities. The Commission also is not extending the compliance date for the liquidity-related provisions of Form N-1A, which has already passed. Finally, the Commission is providing guidance to assist funds that will not be engaging in full portfolio classification before the revised compliance date, and In- Kind ETFs, which are not required to engage in full portfolio classification, in identifying illiquid investments for purposes of complying with the 15% illiquid investment limit.
Hazardous Substances and Articles; Administration and Enforcement Regulations: Corrections to Animal Testing Regulations
Document Number: 2018-03916
Type: Rule
Date: 2018-02-27
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (CPSC or Commission) is issuing a direct final rule to correct its animal testing regulations under the Federal Hazardous Substances Act (FHSA). The rule reinserts text that was inadvertently omitted and corrects references.
Safety Zone; Wando Terminal Crane Movement; Charleston, SC
Document Number: 2018-03915
Type: Rule
Date: 2018-02-27
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary moving safety zone in the Port of Charleston in Charleston, SC around the vessel, M/V Zhen Hua 16. This temporary safety zone is necessary to provide for the safety of waterway users and the M/V Zhen Hua 16 during the vessel's transit into the Port of Charleston, its stay at Columbus Street Terminal, its transit to and stay at Wando Terminal, and its outbound transit departing the Port of Charleston. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Charleston.
Internal Appeals Process for Material Supervisory Determinations and Policy Statement Regarding the Ombudsman for the Federal Reserve System
Document Number: 2018-03907
Type: Proposed Rule
Date: 2018-02-27
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors of the Federal Reserve System (``Board'') is inviting comments on proposed amendments to its guidelines on an internal appeals process for institutions wishing to appeal an adverse material supervisory determination and to its policy regarding the Ombudsman for the Federal Reserve System.
Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List Chinook Salmon in the Upper Klamath-Trinity Rivers Basin as Threatened or Endangered Under the Endangered Species Act
Document Number: 2018-03906
Type: Proposed Rule
Date: 2018-02-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, announce a 90-day finding on a petition to list as threatened or endangered the Upper Klamath-Trinity Rivers (UKTR) Chinook salmon Evolutionarily Significant Unit (ESU) (Oncorhynchus tshawytscha) or, alternatively, create a new ESU to describe Klamath Spring Chinook salmon and list the new ESU as threatened or endangered under the Endangered Species Act (ESA). The petition also requests that we designate critical habitat concurrently with the listing. We find that the petition presents substantial scientific information indicating the petitioned actions may be warranted. We will conduct a status review of the Chinook salmon in the UKTR Basin to determine if the petitioned actions are warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information pertaining to this species from any interested party.
All-Terrain Vehicles
Document Number: 2018-03904
Type: Rule
Date: 2018-02-27
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Act (CPSA), as amended by the Consumer Product Safety Improvement Act of 2008 (CPSIA), required the Consumer Product Safety Commission (CPSC or the Commission) to publish, as a mandatory consumer product safety standard, the American National Standard for Four-Wheel All-Terrain Vehicles, developed by the Specialty Vehicle Institute of America (ANSI/SVIA 1-2007). CPSC published that mandatory consumer product safety standard on November 14, 2008. ANSI/SVIA issued a 2017 edition of its standard in June 2017. In accordance with the CPSA, CPSC is issuing this final rule to amend the Commission's mandatory ATV standard to reference the 2017 edition of the ANSI/SVIA standard.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Fishing Year 2017; Extension of Emergency Removal of Southern Windowpane Accountability Measures
Document Number: 2018-03899
Type: Rule
Date: 2018-02-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This rule extends the emergency action to remove the 2017 southern windowpane flounder accountability measures (AM) for non- groundfish trawl vessels. The rule is necessary because the emergency measures would otherwise expire before the end of the 2017 fishing year. This rule is intended to mitigate negative economic impacts to non-groundfish vessels, while maintaining conservation benefits for the southern windowpane flounder stock.
Endangered and Threatened Wildlife and Plants; Removing Oenothera avita ssp. eurekensis From the Federal List of Endangered and Threatened Plants, and Reclassification of Swallenia alexandrae From Endangered to Threatened
Document Number: 2018-03769
Type: Rule
Date: 2018-02-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are removing Oenothera avita ssp. eurekensis, which is now recognized as Oenothera californica ssp. eurekensis (with a common name of Eureka Valley evening-primrose, Eureka evening-primrose, or Eureka Dunes evening- primrose) from the Federal List of Endangered and Threatened Plants. We are also reclassifying Swallenia alexandrae (with a common name of Eureka dune grass, Eureka dunegrass, or Eureka Valley dune grass) from an endangered to a threatened species. For Eureka Valley evening- primrose, this action is based on our evaluation of the best available scientific and commercial information, including comments received, which indicates that the threats have been eliminated or reduced to the point that the subspecies no longer meets the definition of an endangered species or a threatened species under the Endangered Species Act of 1973, as amended (Act). For Eureka dune grass, this reclassification is based on our evaluation of the best available scientific and commercial information, including comments received. We conclude that the stressors acting upon Eureka dune grass are of sufficient imminence, scope, or magnitude to indicate that they are continuing to result in impacts at either the population or rangewide scales, albeit to a lesser degree than at the time of listing, and we find that Eureka dune grass meets the statutory definition of a threatened species (i.e., the stressors impacting the species or its habitat are of sufficient magnitude, scope, or imminence to indicate that the species is likely to become an endangered species in the foreseeable future throughout all or a significant portion of its range).
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2018-03600
Type: Rule
Date: 2018-02-27
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the gore web lap splices of the aft pressure bulkhead are subject to widespread fatigue damage (WFD). This AD requires repetitive inspections of the gore webs, gore web lap splices, and repair webs, as applicable, of the aft pressure bulkhead, and applicable on-condition actions. We are issuing this AD to address the unsafe condition on these products.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2018-03528
Type: Rule
Date: 2018-02-27
Agency: Federal Aviation Administration, Department of Transportation
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.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2018-03527
Type: Rule
Date: 2018-02-27
Agency: Federal Aviation Administration, Department of Transportation
This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures 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 for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Airworthiness Directives; Airbus Airplanes
Document Number: 2018-03495
Type: Rule
Date: 2018-02-27
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Airbus Model A319-112, A319-115, A320-214, A320-232, and A321-211 airplanes. This AD was prompted by in-service experience and further analysis, which showed that the galley 5 without kick-load retainers, was unable to withstand the expected loading during several flight phases or in case of emergency landing. This AD requires modification of galley 5 trolley compartments by adding kick-load retainers. We are issuing this AD to address the unsafe condition on these products.
Airworthiness Directives; Fokker Services B.V. Airplanes
Document Number: 2018-03430
Type: Rule
Date: 2018-02-27
Agency: Federal Aviation Administration, Department of Transportation
We are superseding Airworthiness Directive (AD) 2012-22-15, which applied to all Fokker Services B.V. Model F28 Mark 0070 and Mark 0100 airplanes. AD 2012-22-15 required revising the maintenance program to incorporate the limitations, tasks, thresholds, and intervals specified in certain revised Fokker maintenance review board (MRB) documents. This new AD requires revising the maintenance or inspection program, as applicable, to incorporate new maintenance requirements and airworthiness limitations. This AD was prompted by new and more restrictive airworthiness limitations. We are issuing this AD to address the unsafe condition on these products.
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