May 2018 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing a temporary safety zone for multiple fireworks events launched in the vicinity of Penn's Landing, Philadelphia, Pennsylvania, for waters of the Delaware River, Philadelphia, PA. Establishment of this safety zone is necessary to enhance safety of life on navigable waters immediately prior to, during, and immediately after these fireworks events. During the enforcement periods, no vessel may enter in or transit this regulated area without approval from the Captain of the Port Delaware Bay or a designated representative.

The Environmental Protection Agency (EPA) is approving a state submission as a revision to the Illinois state implementation plan (SIP). The revision, submitted on May 30, 2017, incorporates changes to the Illinois Administrative Code (IAC) definition of ``volatile organic material'' or ``volatile organic compounds'' (VOC). The revision removes recordkeeping and emission reporting requirements related to the use of tertiary butyl acetate (also known as t-butyl acetate) as a VOC. The revision is consistent with an EPA 2016 rulemaking related to tertiary butyl acetate. In addition, Illinois' submission includes the addition of chemical identification information to the list of compounds excluded from the definition of VOC and the deletion of an unnecessary phrase in the definition of VOC. EPA proposed this action on November 2, 2017, and received one public comment in response.

This action proposes to establish Class E en route airspace extending upward from 1,200 feet above the surface to accommodate instrument flight rules (IFR) aircraft under control of the Los Angeles Air Route Traffic Control Center (ARTCC), Los Angeles, CA. Establishment of this airspace area would ensure controlled airspace exists in those areas where the Federal airway structure is inadequate.

Whenever a new or revised National Ambient Air Quality Standard (NAAQS) is promulgated, the Clean Air Act requires states to submit a plan for the implementation, maintenance, and enforcement of the standard, commonly referred to as infrastructure requirements. The Environmental Protection Agency (EPA) is approving the Oregon State Implementation Plan (SIP) as meeting infrastructure requirements for the 2010 nitrogen dioxide, 2010 sulfur dioxide, and 2012 fine particulate matter NAAQS. The EPA is also approving, and incorporating by reference, rule changes made by the state to implement the fine particulate matter NAAQS, relevant to this infrastructure action, and the ozone NAAQS, unrelated to this action, but included for efficiency.

The Coast Guard proposes to establish a temporary safety zone for certain waters of the Middle River. This action is necessary to provide for the safety of life on the navigable waters of the Middle River in Baltimore County, MD, during a fireworks display on June 30, 2018 (with alternate date of July 1, 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.

The Department of State (the Department) proposes to amend the International Traffic in Arms Regulations (ITAR) to revise Categories I (firearms, close assault weapons and combat shotguns), II (guns and armament) and III (ammunition and ordnance) of the U.S. Munitions List (USML) to describe more precisely the articles warranting export and temporary import control on the USML. Items removed from the USML would become subject to the Export Administration Regulations (EAR).

The Coast Guard is establishing 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 will 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.

The Commission adopts a more accurate title of ``Withdrawal of pleadings (Rule 216),'' for Rule 216 of the Commission's Rules of Practice and Procedure. The Commission also clarifies the text of the Rule.

The Agricultural Marketing Service (AMS) is announcing the availability of an informational webinar regarding the proposed National Bioengineered Food Disclosure Standard (NBFDS or standard). The proposed standard would require food manufacturers and other entities that label foods for retail sale to disclose information about bioengineered food and bioengineered food ingredients. The pre-recorded webinar will provide an overview of the background, provisions, and potential impacts of the proposed standard. Establishment and implementation of the new standard is required by recent amendment to the Agricultural Marketing Act of 1946.

The Corps of Engineers is proposing to amend an existing permanent danger zone in the waters of the James River, Skiffes Creek and Warwick River in Newport News, Virginia. JBLE-Eustis contains a military port berthing numerous Army vessels and conducts exercises to include small craft testing and live fire training activities. The proposed amendment is necessary to protect the public from hazards associated with training and mission operations, and to protect government assets, missions, and the base population in general. The proposed amendment increases the restricted areas and creates danger zones surrounding the existing installation and firing ranges.

The Federal Energy Regulatory Commission (Commission) is proposing to amend regulations to eliminate the Licensed Hydropower Development Recreation Report, designated as FERC Form No. 80 (Form 80). Form 80 solicits information on the use and development of recreation facilities at hydropower projects licensed by the Commission under the Federal Power Act. In addition, the Commission proposes to further revise its regulations related to recreational use and development at licensed projects in order to modernize public notice practices, clarify recreational signage requirements, and provide flexibility to assist licensees' compliance efforts.

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is seeking comment on proposed amendments to the margin requirements for uncleared swaps for swap dealers (``SD'') and major swap participants (``MSP'') for which there is no prudential regulator (``CFTC Margin Rule''). The Commission is proposing these amendments in light of the rules recently adopted by the Board of Governors of the Federal Reserve System (``Board''), the Federal Deposit Insurance Corporation (``FDIC''), and the Office of the Comptroller of the Currency (``OCC'') (collectively, the ``QFC Rules'') that impose restrictions on certain uncleared swaps and uncleared security-based swaps and other financial contracts. Specifically, the Commission proposes to amend the definition of ``eligible master netting agreement'' in the CFTC Margin Rule to ensure that master netting agreements of firms subject to the CFTC Margin Rule are not excluded from the definition of ``eligible master netting agreement'' based solely on such agreements' compliance with the QFC Rules. The Commission also proposes that any legacy uncleared swap (i.e., an uncleared swap entered into before the applicable compliance date of the CFTC Margin Rule) that is not now subject to the margin requirements of the CFTC Margin Rule would not become so subject if it is amended solely to comply with the QFC Rules. These proposed amendments are consistent with proposed amendments that the Board, FDIC, OCC, the Farm Credit Administration (``FCA''), and the Federal Housing Finance Agency (``FHFA'' and, together with the Board, FDIC, OCC, and FCA, the ``Prudential Regulators''), jointly published in the Federal Register on February 21, 2018.

This action modifies the description of VOR Federal airway V- 312 by removing a maximum authorized altitude (MAA) limitation published along the airway segment between the Woodstown, NJ, VORTAC, and the Coyle, NJ, VORTAC. The MAA is no longer required for air traffic control purposes and the FAA is removing it in order to improve the efficient flow of air traffic in the Philadelphia, PA area.

This action amends Class D airspace, Class E surface area airspace and Class E airspace designated as an extension to a Class D surface area, by updating the name to Erie International Airport/Tom Ridge Field, Erie, PA. This action also amends Class E airspace extending upward from 700 feet above the surface in Erie, PA, by updating the name to St. Vincent Health Center Heliport. This action also updates the geographic coordinates of the airport and heliport, and replaces the outdated term ``Airport/Facility Directory'' with the term ``Chart Supplement'' in the legal descriptions of associated Class D and E airspace to match the FAA's aeronautical database. The Class E surface airspace is further clarified showing removal of the extensions, and the Class E extension airspace is further clarified showing removal of the part-time Notice to Airmen (NOTAM) language.

We are publishing a new airworthiness directive (AD) for Agusta S.p.A. Model A109A, A109A II, A109C, A109E, A109K2, A109S, A119, AW109SP, and AW119 MKII helicopters. This AD requires removing a certain swashplate support (support) from service. This AD is prompted by an error in a parts catalog incorrectly identifying the support as approved for installation on Model AW109SP helicopters. We are issuing this AD to address the unsafe condition on these products.

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 requires repetitive high frequency eddy current (HFEC) and detailed inspections, as applicable, for cracking of certain aft vertical stiffeners; repetitive detailed inspections for cracking of time-limited repairs, as applicable; a one-time HFEC inspection for cracking of the keel beam upper chord inboard flanges; a one-time general visual inspection for cracking of a certain angle; and applicable on-condition actions. This AD was prompted by a report of cracks in the left-side and right-side keel beam upper chords and aft vertical stiffeners. We are issuing this AD to address the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for AgustaWestland S.p.A. (AgustaWestland) Model AW189 helicopters. This proposed AD would require replacing the tail plane lower fitting with an improved tail plane lower fitting. This proposed AD is prompted by reports of cracks on the tail plane fittings of Model AW189 helicopters. The actions of this proposed AD are intended to correct an unsafe condition on these products.

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.

The U.S. Department of Transportation (DOT or the Department) is issuing a statement of enforcement priorities to apprise the public of its intended enforcement focus with respect to transportation of service animals in the cabin of aircraft. The Department regulates the transportation of service animals under the Air Carrier Access Act (ACAA) and its implementing regulation. The Department seeks comment on this interim statement, and intends to issue a final statement after the close of the comment period.

We are superseding Airworthiness Directive (AD) 2017-01-12, AD 2017-11-08, and AD 2017-15-09 for certain Diamond Aircraft Industries GmbH Model DA 42 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and address an unsafe condition on an aviation product. The MCAI describes the unsafe condition as uncommanded engine shutdown during flight due to failure of the propeller-regulating valve caused by hot exhaust gases coming from fractured engine exhaust pipes. We are issuing this AD to require actions to address the unsafe condition on these products.

The Coast Guard proposes to establish a temporary safety zone for certain waters of Murrells Inlet, SC. This action is necessary to provide for the safety of the general public, spectators, vessels, and the marine environment from potential hazards during a fireworks display. This proposed rulemaking would prohibit persons and vessels from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston (COTP) or a designated representative. We invite your comments on this proposed rulemaking.

This document corrects technical errors that appeared in the final rule with comment period and interim final rule with comment period published in the Federal Register on November 16, 2017 entitled ``Medicare Program; CY 2018 Updates to the Quality Payment Program; and Quality Payment Program: Extreme and Uncontrollable Circumstance Policy for the Transition Year'' (hereinafter referred to as the ``CY 2018 Quality Payment Program final rule'').

The Coast Guard proposes to modify the Marine Air Terminal, LaGuardia Airport Security Zone. The modification of the security zone would expand the existing security zone boundary north along the Rikers Island Bridge to the intersecting point on the southern tip of Rikers Island then east to the western end of LaGuardia Airport. This expanded security zone is necessary to protect the port, waterfront facilities, and waters of the United States from terrorism, sabotage, or other subversive acts and incidents of a similar nature during visits to New York City by various dignitaries. We invite your comments on this proposed rulemaking.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Monmouth County Highway Bridge (alternatively referred to as the ``Sea Bright Bridge'' or the ``S-32 Bridge'') across the Shrewsbury River, mile 4.0, at Sea Bright, New Jersey. This deviation will test a proposed change to the drawbridge operation schedule to determine whether a permanent change to the schedule is warranted. This deviation will allow the bridge to operate under an alternate schedule that seeks to balance the seasonally high volume of roadway traffic crossing the bridge during peak hours with the existing needs of marine traffic.