May 2018 – Federal Register Recent Federal Regulation Documents

EPA issued a proposed rule in the Federal Register of March 21, 2018, concerning a Notice of filingAmended Tolerance Exemptions for Inerts (Except PIPS). This document corrects the Company name and address.

In this document, the Federal Communications Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's Report and Order updating, clarifying and streamlining the Commission's rules governing non-geostationary satellite orbit, fixed-satellite service systems to better reflect current technology and promote additional operational flexibility.

The Food and Drug Administration (FDA or Agency) is proposing to amend its regulations concerning the classification of products as biological products, devices, drugs, or combination products, and their assignment to Agency components for premarket review and regulation. This proposed rule would update the regulations to clarify the scope of the regulations, streamline and clarify the appeals process, align the regulations with more recent legislative and regulatory measures, update advisory content, and otherwise clarify the regulations, including updates to reflect Agency practices and policies. These changes are intended to enhance regulatory clarity and efficiency.

We propose to supersede Airworthiness Directive (AD) 2010-25- 06, which applies to certain The Boeing Company Model 737-200, -300, - 400, and -500 series airplanes. AD 2010-25-06 requires repetitive inspections for cracking of certain fuselage frames and stub beams, and corrective actions if necessary. AD 2010-25-06 also provides for an optional repair, which terminates the repetitive inspections. For airplanes on which a certain repair is done, AD 2010-25-06 also requires repetitive inspections for cracking of certain fuselage frames and stub beams, and corrective actions if necessary. Since we issued AD 2010-25-06, additional cracking was found in areas not covered by the inspections. This proposed AD would retain the actions required by AD 2010-25-06 and would expand the inspection area. We are proposing this AD to address the unsafe condition on these products.

The Coast Guard will enforce the security zone for the Portland Rose Festival on the Willamette River in Portland, OR, from 8 a.m. on June 6, 2018, through 4 p.m. on June 11, 2018. This action is necessary to ensure the security of vessels participating in the 2018 Portland Rose Festival on the Willamette River during the event. Our regulation for the Security Zone Portland Rose Festival on the Willamette River identifies the regulated area. During the enforcement period, no person or vessel may enter or remain in the security zone without permission from the Sector Columbia River Captain of the Port.

On March 14, 2018, the Environmental Protection Agency (EPA) proposed a rule titled, ``National Emission Standards for Hazardous Air Pollutants: Leather Finishing Operations Residual Risk and Technology Review.'' The EPA is reopening the comment period on the proposed rule that closed on April 30, 2018. The EPA is taking this action because the supporting documentAnalysis of Demographic Factors for Populations Living Near Leather Finishing Operationswas inadvertently not included in the docket for this proposed rule. As this analysis is now available to the public, the EPA has reopened the comment period for an additional 30 days.

We are superseding Airworthiness Directive (AD) 2016-23-01, which applied to all Airbus Model A310 series airplanes. AD 2016-23-01 required repetitive detailed inspections for cracking around the fastener holes in certain areas of the wing top skin panels, supplemental repetitive ultrasonic inspections for cracking around the fastener holes in certain other areas of the wing top skin panels, and repair if necessary. This AD adds an inspection and modification of the fastener holes of the wing top skin panels at a certain area. This AD also includes terminating action for certain inspections. This AD was prompted by an evaluation by the design approval holder (DAH) which indicates that the wing top skin panel fastener holes at a certain area are also subject to widespread fatigue damage (WFD). We are issuing this AD to address the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A350-941 airplanes. This proposed AD was prompted by an inspection on the production line that revealed evidence of paint peeling on the forward and aft cargo frame forks around the hook bolt hole. This proposed AD would require a detailed visual inspection for any deficiency of the frame forks around the hook bolt hole on certain forward and aft cargo doors and applicable corrective actions. We are proposing this AD to address the unsafe condition on these products.

We, the U.S. Fish and Wildlife Service (Service), reclassify Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii; currently listed as Ancistrocactus tobuschii), from endangered to threatened on the Federal List of Endangered and Threatened Plants. This determination is based on a thorough review of the best available scientific and commercial information, which indicates that the threats to this plant have been reduced to the point that it is no longer in danger of extinction throughout all or a significant portion of its range, but it remains threatened with becoming endangered within the foreseeable future. In addition, we accept the new taxonomic classification for Tobusch fishhook cactus as the subspecies Sclerocactus brevihamatus ssp. tobuschii.

We are superseding Airworthiness Directive (AD) 2018-03-15 for Pacific Aerospace Limited Model 750XL airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 reports of finding abrasion damage behind the instrument panel caused by ventilation hose chafing. We are issuing this AD to require actions to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-200B, 747-300, and 747-400 series airplanes. This AD requires replacing certain low-pressure oxygen flex- hoses with new non-conductive low-pressure oxygen flex-hoses in the gaseous passenger oxygen system in airplanes equipped with therapeutic oxygen. This AD also requires a general visual inspection of the low- pressure passenger oxygen system to ensure there is minimum clearance of the oxygen system components from adjacent structure and systems. This AD was prompted by reports of low-pressure flex-hoses of the flightcrew oxygen system that burned through due to inadvertent electrical current from a short circuit. We are issuing this AD to address the unsafe condition on these products.

This final rule finalizes two proposed rules in order to update and improve the regulations of the Office of Justice Programs (OJP) implementing the Public Safety Officers' Benefits (PSOB) Program, in order to incorporate several statutory changes enacted in recent years, address some gaps in the regulations, and improve the efficiency of the PSOB Program claims process. After careful consideration and analysis of the public comments on both proposed rules, the final rule incorporates a number of changes as discussed below.

Under the Clean Air Act, the Environmental Protection Agency (EPA) is proposing to grant a request by the State of California to reclassify the Eastern Kern County (``Eastern Kern'') nonattainment area from ``Moderate'' to ``Serious'' for the 2008 ozone national ambient air quality standards (NAAQS). In connection with the reclassification, the EPA is proposing to establish a deadline of no later than 12 months from the effective date of reclassification for submittal of revisions to the Eastern Kern portion of the California State Implementation Plan (SIP) to meet certain additional requirements for Serious ozone nonattainment areas. The EPA has already received SIP revision submittals addressing most of the additional SIP requirements.

The Food and Drug Administration (FDA or the Agency) is announcing a partial withdrawal of a proposed rule published in the Federal Register of August 21, 2002 (2002 proposed rule). The proposed rule, if finalized, would have amended FDA's tentative final monograph (TFM) for over-the-counter (OTC) internal analgesic, antipyretic, and antirheumatic (IAAA) drug products to include ibuprofen as a generally recognized as safe and effective (GRASE) analgesic/antipyretic active ingredient for OTC use. FDA is withdrawing this proposed rule due to changes in our understanding of ibuprofen since FDA issued the proposed rule. FDA is not withdrawing those portions of the 2002 proposed rule to amend its regulations to include consistent pregnancy and allergy warnings for OTC IAAA drug products containing nonsteroidal anti- inflammatory active ingredients.

The Coast Guard proposes to establish a temporary safety zone for certain navigable waters of the Lower Mississippi River. This action is necessary to provide for the safety of life on these navigable waters near New Orleans, LA, during a fireworks display on August 25, 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.

At the request of Wind River Broadcasting, Inc., the Audio Division amends the FM Table of Allotments by adding Channel 274C2 at Cora, Wyoming. We find that the public interest would be served by allotting a first local service at Cora, Wyoming. A staff engineering analysis indicates that Channel 274C2 can be added at Cora, Wyoming, as proposed, consistent with the minimum distance separation requirements of the Commission's rules without a site restriction. The reference coordinates are 43-03-24 NL and 110-08-07 WL.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving portions of three Texas State Implementation Plan (SIP) submittals pertaining to CAA requirements to prohibit emissions which will significantly contribute to nonattainment or interfere with maintenance of the 1997 and 2006 fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS) in other states.

The Food and Drug Administration (FDA, the Agency, or we) is announcing the availability of a guidance for industry entitled ``The FDA Food Safety Modernization Act; Extension and Clarification of Compliance Dates for Certain Provisions of Four Implementing Rules: What You Need to Know About the Food and Drug Administration RegulationSmall Entity Compliance Guide.'' The small entity compliance guide (SECG) is intended to help small entities comply with the final rule entitled ``The Food and Drug Administration Food Safety Modernization Act; Extension and Clarification for Certain Provisions of Four Implementing Rules.''

This action terminates a rulemaking proceeding that proposed to establish a national research and promotion program for certified organic products under authority of the Commodity Promotion, Research and Information Act of 1996 (1996 Act). The program was proposed by the proponent group, the Organic Trade Association (OTA). Based on uncertain industry support for and outstanding substantive issues with the proposed program, USDA is terminating the proceeding.

We propose to adopt 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), and Model A310 series airplanes. This proposed AD was prompted by a determination that more restrictive maintenance requirements and airworthiness limitations are necessary. This proposed AD would require revising the maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance requirements and airworthiness limitations. We are proposing this AD to address the unsafe condition on these products.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's discontinuance rules. This document is consistent with the Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment Report and Order, Declaratory Ruling, and Further Notice of Proposed Rulemaking, FCC 17-154, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules.

The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation (collectively, the agencies) are inviting public comment on a joint proposal to address changes to U.S. generally accepted accounting principles (U.S. GAAP) described in Accounting Standards Update No. 2016-13, Topic 326, Financial InstrumentsCredit Losses (ASU 2016-13), including banking organizations' implementation of the current expected credit losses methodology. Specifically, the proposal would revise the agencies' regulatory capital rules to identify which credit loss allowances under the new accounting standard are eligible for inclusion in regulatory capital and to provide banking organizations the option to phase in the day-one adverse effects on regulatory capital that may result from the adoption of the new accounting standard. The proposal also would amend certain regulatory disclosure requirements to reflect applicable changes to U.S. GAAP covered under ASU 2016-13. In addition, the agencies are proposing to make amendments to their stress testing regulations so that covered banking organizations that have adopted ASU 2016-13 would not include the effect of ASU 2016-13 on their provisioning for purposes of stress testing until the 2020 stress test cycle. Finally, the agencies are proposing to make conforming amendments to their other regulations that reference credit loss allowances.

This final rule amends Marketing Order No. 984, which regulates the handling of walnuts grown in California. The amendment, which was proposed by the California Walnut Board (Board), was approved by growers in the referendum. This action authorizes the Board to borrow from a commercial lending institution to fund operations and marketing/research expenses for the program.

The Coast Guard is establishing a safety zone for navigable waters within Cocos Lagoon. This safety zone will encompass the designated swim course for the Cocos Crossing swim event in the waters of Cocos Lagoon, Merizo, Guam. This safety zone is necessary to protect all persons and vessels participating in this marine event from potential safety hazards associated with vessel traffic in the area. Race participants, chase boats, and organizers of the event will be exempt from the safety zone. Entry of persons or vessels into the safety zone is prohibited unless authorized by the Captain of the Port Guam (COTP).

This document corrects technical errors that appeared in the final rule published in the Federal Register on April 17, 2018 entitled ``Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2019.''