April 2018 – Federal Register Recent Federal Regulation Documents

The Coast Guard proposes to establish a temporary safety zone for certain navigable waters of the Tchefuncte River. This action is necessary to provide for the safety of life on these navigable waters near Madisonville, LA, during a fireworks display on July 4, 2018. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector New Orleans or a designated representative. We invite your comments on this proposed rulemaking.

This action proposes to amend Class E airspace extending upward from 700 feet above the surface at Capital Region International Airport, Lansing, MI. The FAA is proposing this action as a result of an airspace review do to the decommissioning of the Lansing VHF omnidirectional range (VOR) navigation aid as part of the VOR Minimum Operational Network (MON) Program. The geographic coordinates and name of the airport would also be updated to coincide with the FAA's aeronautical database. An editorial change would also be made to the legal designation by removing the city from the airport name.

We propose to adopt a new airworthiness directive (AD) for all General Electric Company (GE) CF34-8E turbofan engines. This proposed AD was prompted by a report from GE regarding a quality escape of nonconforming thrust reverser fire seals. This proposed AD would require a one-time inspection of the gap between the core cowl seal and the pylon seal of the thrust reverser for correct gap width, and replacement of the seals, if needed. We are proposing this AD to address the unsafe condition on these products.

We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on two petitions to list, reclassify, or delist wildlife or plants under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that one petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. Therefore, with the publication of this document, we announce that we plan to initiate a review of the status of that species to determine if the petitioned action is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether or not the petitioned action is warranted, in accordance with the Act. We also find that one petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted. Therefore, we are not initiating a status review of this species in response to that petition. We refer to this finding as a ``not substantial'' petition finding.

We propose to supersede Airworthiness Directive (AD) 2016-13- 06, which applies to certain Saab AB, Saab Aeronautics Model 340A (SAAB/SF340A) and SAAB 340B airplanes. AD 2016-13-06 requires a revision of the applicable airplane flight manual (AFM), repetitive inspections of the horizontal stabilizer de-icing boots, and applicable corrective actions. Since we issued AD 2016-13-06, the manufacturer has developed an improved de-icing boot. This proposed AD would continue to require a revision of the applicable AFM, repetitive inspections of the horizontal stabilizer de-icing boots, and applicable corrective actions. This proposed AD would also require replacement of single stitched de-icing boots with improved double stitched boots, and re- identification of the modified horizontal stabilizer leading edge. We are proposing this AD to address the unsafe condition on these products.

This final rule sets forth payment parameters and provisions related to the risk adjustment and risk adjustment data validation programs; cost-sharing parameters; and user fees for Federally- facilitated Exchanges and State Exchanges on the Federal platform. It finalizes changes that provide additional flexibility to States to apply the definition of essential health benefits (EHB) to their markets, enhance the role of States regarding the certification of qualified health plans (QHPs); and provide States with additional flexibility in the operation and establishment of Exchanges, including the Small Business Health Options Program (SHOP) Exchanges. It includes changes to standards related to Exchanges; the required functions of the SHOPs; actuarial value for stand-alone dental plans; the rate review program; the medical loss ratio program; eligibility and enrollment; exemptions; and other related topics.

The FHWA withdraws its August 4, 2014, Notice of Proposed Rulemaking (NPRM), which proposed to establish a weighting factor of 5.0, to be used in determining the weighted population of fine particulate (PM2.5) nonattainment areas. The Moving Ahead for Progress in the 21st Century Act (MAP-21) language for the CMAQ Program funds that must be obligated for PM2.5 projects in PM2.5 nonattainment and maintenance areas (referred to in this document as a ``set-aside'') instructs that the set-aside be calculated based on ``weighted population'' in PM2.5 nonattainment areas. Because the statute did not specify the values to be applied to determine the weighted population, FHWA had previously initiated a rulemaking to establish the weighting factor. After reviewing the record in this matter, FHWA withdraws the NPRM.

This regulation establishes tolerances for residues of tetraconazole in or on multiple commodities which are identified and discussed later in this document. Isagro S.p.A (d/b/a Isagro USA, Inc.) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Coast Guard proposes to establish a temporary safety zone for the upper reaches of Taylor Bayou Turning Basin in Port Arthur, TX. This action is necessary to provide protection for the levee and temporary protection wall located at the north end of the turning basin until permanent repairs can be effected. This proposed rulemaking would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Marine Safety Unit Port Arthur (COTP) or a designated representative. We invite your comments on this proposed rulemaking.

The Coast Guard proposes to establish a temporary safety zone for certain waters of the North Atlantic Ocean adjacent to Ocean City, MD. This action is necessary to provide for the safety of life on the navigable waters during an air show on May 23, 2018. This action would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative. We invite your comments on this proposed rulemaking.

This final rule removes the DoD's regulation concerning garnishment of pay of Naval military and civilian personnel and collection of child support and alimony. It has been determined that this rule is duplicative of 5 CFR part 581, ``Processing Garnishment Orders for Child Support and/or Alimony.'' Therefore, this rule can be removed from the CFR.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Tennessee through the Tennessee Department of Environment and Conservation (TDEC) on November 11, 2017, for the purpose of establishing minor changes to the gasoline dispensing regulations, including adding clarifying language and effective and compliance dates and specifying the counties subject to the reporting requirement rule. EPA has preliminarily determined that Tennessee's November 11, 2017, SIP revision is approvable because it is consistent with the Clean Air Act (CAA or Act) and with EPA's regulations and guidance.

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A318 and A319 series airplanes; Model A320-211, A320-212, A320-214, A320-216, A320-231, A320-232, and A320-233 airplanes; and Model A321-111, A321-112, A321-131, A321-211, A321-212, A321-213, A321- 231, and A321-232 airplanes. This proposed AD was prompted by reports of missing assembly hardware on the trimmable horizontal stabilizer actuator (THSA). This proposed AD would require repetitive inspections and checks of the lower and upper THSA attachments and applicable related investigative and corrective actions; a one-time inspection of the THSA lower attachment and replacement as applicable; and, for certain airplanes, activation of the electrical load sensing device (ELSD) and concurrent modifications. We are proposing this AD to address the unsafe condition on these products.

This action proposes to establish Class E airspace extending upward from 700 feet above the surface, at Hobby Field, Creswell, OR, to accommodate new area navigation (RNAV) procedures at the airport. This action would ensure the safety and management of instrument flight rules (IFR) operations within the National Airspace System.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD was prompted by a report indicating that during a fleet survey on a retired Model 737 airplane, cracking was found common to the windshield and aft sill web. This proposed AD would require, at certain locations, repetitive high frequency eddy current (HFEC) inspections of the windshield and aft sill web, and applicable on-condition actions. We are proposing this AD to address the unsafe condition on these products.

We are superseding Airworthiness Directive (AD) 2005-12-16, which applied to all Fokker Services B.V. Model F28 Mark 0100 airplanes. AD 2005-12-16 required an inspection to determine the part number of the passenger service unit (PSU) panels for the PSU modification status, and corrective actions if applicable. This new AD requires an inspection of the PSU panels and the PSU panel/airplane interface connectors for discrepancies, and corrective actions if necessary. This AD also removes airplanes from the applicability. This AD was prompted by reports of smoke in the passenger compartment during ground operations and in-flight, and a determination that the modification actions required by AD 2005-12-16 might not have been implemented correctly. We are issuing this AD to address the unsafe condition on these products.

We are superseding Airworthiness Directive (AD) 2015-19-12, which applied to certain The Boeing Company Model 767 airplanes. AD 2015-19-12 required a general visual inspection of certain lap splices for missing fasteners, and all applicable related investigative and corrective actions. This AD retains the actions required by AD 2015-19- 12 and revises the applicability by adding airplanes. This AD was prompted by reports indicating that certain fasteners were not installed in a certain stringer lap splice on certain airplanes. We are issuing this AD to address the unsafe condition on these products.

Section 407 of the Copyright Act requires the mandatory deposit with the Copyright Office (``Office'') of all works published in the United States, within three months of publication, for use by the Library of Congress (``Library''). The Office is allowed to exclude certain classes of works from this requirement. In a 2010 interim rule, the Office codified its longstanding practice of excluding from the mandatory deposit requirements all electronic works that are not otherwise available in a physical format (i.e., ``electronic works published in the United States and available only online.''). The 2010 interim rule created one exception to this general rule for electronic- only serials, which are subject to mandatory deposit, if they are published in the United States and if they are affirmatively demanded by the Office. On May 17, 2016, the Office published a Notice of Inquiry seeking public comment on potential regulatory changes that would make the interim rule final and would make electronic-only books and sound recordings subject to mandatory deposit requirements by way of the same demand process. Based on the responses to the NOI and input from the Library, the Office proposes revising its regulations to make the interim rule final, and to make electronic-only books published in the United States subject to the mandatory deposit requirements if they are affirmatively demanded by the Office. The proposed rule does not address mandatory deposit of electronic-only sound recordings.

This final rule will revise the Medicare Advantage (MA) program (Part C) regulations and Prescription Drug Benefit program (Part D) regulations to implement certain provisions of the Comprehensive Addiction and Recovery Act (CARA) to further reduce the number of beneficiaries who may potentially misuse or overdose on opioids while still having access to important treatment options; implement certain provisions of the 21st Century Cures Act; support innovative approaches to improve program quality, accessibility, and affordability; offer beneficiaries more choices and better care; improve the CMS customer experience and maintain high beneficiary satisfaction; address program integrity policies related to payments based on prescriber, provider and supplier status in MA, Medicare cost plan, Medicare Part D and the PACE programs; provide an update to the official Medicare Part D electronic prescribing standards; and clarify program requirements and certain technical changes regarding treatment of Medicare Part A and Part B appeal rights related to premiums adjustments.

We propose to supersede Airworthiness Directive (AD) 2015-02- 17, which applies to all Airbus Model A330-200, A330-200 Freighter, and A330-300 series airplanes. AD 2015-02-17 requires revising the electrical emergency configuration procedure in the Emergency Procedures section of the airplane flight manual (AFM) to include procedures for deploying the ram air turbine manually to provide sufficient hydraulic power and avoid constant speed motor/generator (CSM/G) shedding. Since we issued AD 2015-02-17, we have determined that replacement or modification of the two flight warning computers (FWCs) is necessary to address the identified unsafe condition. This proposed AD would add a requirement to replace or modify the two FWCs. This proposed AD would also remove airplanes from the applicability. We are proposing this AD to address the unsafe condition on these products.

This regulation establishes tolerances for residues of fluensulfone in or on multiple commodities that are identified and discussed later in this document. Makhteshim Agan of North America (MANA) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to relocate the definition of information technology within the DFARS.

DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to remove outdated coverage of consolidation of contract requirements.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Acts for Fiscal Years 2015, 2016, and 2017 to provide revisions to the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans.

The Agricultural Marketing Service (AMS) published a proposed rule in the Federal Register on January 18, 2018, which describes 35 amendments to the National List of Allowed and Prohibited Substances (Crops, Livestock and Handling). The public comment period closed on March 19, 2018. This document reopens the comment period on the proposed rule for an additional 30 days. Multiple stakeholders requested that AMS extend the comment period to provide more time to develop comments on the proposed rule.