June 2018 – Federal Register Recent Federal Regulation Documents

The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS CHARLESTON (LCS 18) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

The Coast Guard is redefining the boundaries of the existing higher volume port area in the Strait of Juan de Fuca and Puget Sound, in Washington. This rulemaking is required to make the Code of Federal Regulations consistent with statute, and is related to the Coast Guard's maritime stewardship (environmental protection) mission.

This action removes the Notice to Airmen (NOTAM) part-time status from the legal description of the Class E airspace area designated as an extension at Van Nuys Airport, Van Nuys, CA, and adds NOTAM part-time status information to Class E surface area airspace. These actions bring the airspace descriptions in line with the airspace hours listed in the applicable Chart Supplement. Also, an editorial change is made to the Class D airspace legal description replacing Airport/Facility Directory with the term Chart Supplement.

This action proposes special conditions for the BHTI Model 525 helicopter. This helicopter will have a novel or unusual design feature associated with the fly-by-wire flight control system (FBW FCS) in the area of pilot awareness of the control margins remaining while maneuvering the helicopter. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This SIP revision fulfills Pennsylvania's emissions statement requirement for the 2008 ozone national ambient air quality standard (NAAQS). EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).

In accordance with section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), also known as the Danny Keysar Child Product Safety Notification Act, the U.S. Consumer Product Safety Commission (CPSC), in December 2010, published a consumer product safety standard for non-full-size baby cribs (NFS cribs). The standard incorporated by reference the applicable ASTM voluntary standard, with several modifications. The CPSIA sets forth a process for updating standards that the Commission has issued under the authority of section 104(b) of the CPSIA. In accordance with that process, we are publishing this direct final rule, revising the CPSC's standard for NFS cribs to incorporate by reference a more recent version of the applicable ASTM standard.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Butte County Air Quality Management District (BCAQMD) portion of the California State Implementation Plan (SIP). This revision concerns the District's New Source Review (NSR) permitting program for new and modified sources of air pollution. We are approving a local rule under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) submitted by the State of Nebraska on August 28, 2014. This proposed action will amend the SIP to revise title 115 of the Nebraska Administrative Code ``Nebraska Rules of Practice and Procedure.'' The proposed revisions to title 115 update the Nebraska Department of Environmental Quality's (NDEQ) rules of practice and procedure to incorporate legislative changes that have been made to the State's Administrative Procedure Act and the public record laws.

The Environmental Protection Agency (EPA) is proposing to approve a state plan submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM) on May 19, 2017, and supplemented on October 24, 2017, for implementing and enforcing the Emissions Guidelines (EG) applicable to existing Commercial and Industrial Solid Waste Incineration (CISWI) units. The state plan provides for implementation and enforcement of the EG, as finalized by EPA on June 23, 2016, applicable to existing CISWI units for which construction commenced on or before June 4, 2010, or for which modification or reconstruction commenced after June 4, 2010, but no later than August 7, 2013. The state plan establishes emission limits, monitoring, operating, recordkeeping, and reporting requirements for affected CISWI units.

The Department of Veterans Affairs (VA) is amending its regulations that govern programs benefitting homeless veterans to implement a new statutory requirement to establish a new grant program that will provide case management services to improve the retention of housing by veterans who were previously homeless and are transitioning to permanent housing and to veterans who are at risk of becoming homeless. The grant program established by this interim final rule will be an essential part of VA's attempts to eliminate homelessness among the veteran population.

On April 13, 2018, the Environmental Protection Agency (EPA) published a direct final rule approving the updated delegation of EPA authority for implementation and enforcement of certain New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources) to the New Mexico Environmental Department (NMED). EPA stated in the direct final rule that if EPA received relevant adverse comments by May 14, 2018, EPA would publish a timely withdrawal in the Federal Register. EPA received an adverse comment on May 14, 2018, and accordingly is withdrawing the direct final rule.

In accordance with the Great Lakes Pilotage Act of 1960, the Coast Guard is establishing new base pilotage rates and surcharges for the 2018 shipping season. Additionally, the Coast Guard is making several changes to the Great Lakes pilotage ratemaking methodology. These additional changes include creating clear delineation between the Coast Guard's annual rate adjustments and the Coast Guard's requirement to conduct a full ratemaking every 5 years; the adoption of a revised compensation benchmark; reorganization of the text regarding the staffing model for calculating the number of pilots needed; and certain editorial changes.

This document announces the addition of 31 Healthcare Common Procedure Coding System (HCPCS) codes to the Required Prior Authorization List of Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Items that require prior authorization as a condition of payment. Prior authorization for these codes will be implemented nationwide.

The U.S. Department of Homeland Security (DHS) proposes two changes that would apply to surety companies certified by the Department of the Treasury (Treasury) to underwrite bonds on behalf of the Federal Government. First, the proposed rule would require Treasury-certified sureties seeking to overturn a surety immigration bond breach determination to exhaust administrative remedies by filing an administrative appeal raising all legal and factual defenses. This requirement to exhaust administrative remedies and present all issues to the administrative tribunal would allow Federal district courts to review a written decision addressing all of the surety's defenses, thereby streamlining litigation over the breach determination's validity. Second, this proposed rule would set forth ``for cause'' standards and due process protections so that U.S. Immigration and Customs Enforcement (ICE), a component of DHS, may decline bonds from companies that do not cure their deficient performance. Treasury administers the Federal corporate surety program and, in its current regulations, allows agencies to prescribe in their regulations for cause standards and procedures for declining to accept bonds from a Treasury-certified surety company. DHS proposes the for cause standards contained in this rule because certain surety companies have failed to pay amounts due on administratively final bond breach determinations or have had in the past unacceptably high breach rates.

This action modifies Class E airspace extending upward from 700 feet above the surface at Bishop International Airport, Flint, MI, and establishes separate Class E airspace extending upward from 700 feet above the surface at Owosso Community Airport, Owosso, MI. This action is necessary due to the closure of the Athelone Williams Memorial Airport, Davison, MI, which is included in the Flint, MI, airspace description; the cancellation of the instrument approach procedures at the Genesys Regional Medical Center, Grand Blanc, MI, also included in the Flint, MI, airspace description; and updates the Bishop International Airport airspace and the Owosso Community Airport airspace to comply with FAA Order 7400.2L, Procedures for Handling Airspace Matters. The geographic coordinates of the Bishop International Airport and Prices Airport, Linden, MI, are also being updated to coincide with the FAA's aeronautical database.

This action amends Class D airspace and establishes Class E airspace designated as a surface area at University of Oklahoma Westheimer Airport, Norman, OK. The University of Oklahoma Westheimer Airport requested establishment of this airspace. This action also amends Class E airspace extending upward from 700 feet above the surface at the University of Oklahoma Westheimer Airport contained within the Oklahoma City, OK, airspace legal description, by removing the Oklahoma Westheimer Airport ILS localizer and realigning the southwest segment. Additionally, the name of the University of Oklahoma Westheimer Airport is being updated to coincide with the FAA's aeronautical database in the Class D airspace legal description. This action is necessary for the safety and management of instrument flight rules (IFR) operations at this airport.

This action proposes to amend Class D airspace at San Marcos Regional Airport, Austin, TX; establish Class E airspace designated as a surface area at Georgetown Municipal Airport, Georgetown, TX, and San Marcos Regional Airport; and amend Class E airspace extending upward from 700 feet above the surface at San Marco Regional Airport and Lockhart Municipal Airport, Lockhart, TX. The FAA is proposing this action at the request of Austin Air Traffic Control Tower (ATCT)/ Terminal Radar Approach Control (TRACON) to establish part-time Class E airspace designated as a surface area at Georgetown Municipal Airport and San Marcos Regional Airport and to review the associated airspace for the safety and management of instrument flight rule (IFR) operations at these airports. The name of San Marcos Regional Airport would be updated to coincide with the FAA's aeronautical database, and the outdated term ``Airport/Facility Directory'' would be replaced with the term ``Chart Supplement''.

This action proposes to amend Class D airspace, Class E airspace designated as a surface area, and Class E airspace extending upward from 700 feet above the surface at Chippewa Valley Regional Airport, Eau Claire, WI. The FAA is proposing this action as a result of an airspace review caused by the decommissioning of the Eau Claire nondirectional radio beacon (NDB)/outer compass locator (LOM). The name and geographic coordinates of the Chippewa Valley Regional Airport and the name of the May Clinic Health System-Eau Claire Heliport would also be updated to coincide with the FAA's aeronautical database.

The state of North Dakota has applied to the EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA has reviewed North Dakota's application and has determined that these changes satisfy all requirements needed to qualify for final authorization and is proposing to authorize the state's changes. The EPA uses the regulations entitled, ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of state programs and to incorporate by reference those provisions of state statutes and regulations that will be subject to the EPA's inspection and enforcement. This action also proposes to codify in the regulations the authorized provisions of North Dakota's hazardous waste management program and to incorporate by reference authorized provisions of the state's regulations. Finally, today's rule corrects errors made in the state authorization citations published in the February 14, 2008 Federal Register authorization document for North Dakota.

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.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 787-8 airplanes. This AD was prompted by a report of possible degraded bond-line performance of co-bonded upper wing stringer-to-skin joints. This AD requires repetitive inspections of certain upper wing stringers for any disbond and corrective actions, if necessary; and a terminating preventive modification of installing disbond arrestment (DBA) fasteners. This AD also requires revising the inspection or maintenance program to incorporate an airworthiness limitation. We are issuing this AD to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) is approving the State Implementation Plan (SIP) revision that the State of New Hampshire submitted to EPA on January 31, 2017, for attaining the 1- hour sulfur dioxide (SO2) primary national ambient air quality standard (NAAQS) for the Central New Hampshire Nonattainment Area. This plan (herein called a ``nonattainment plan'') includes New Hampshire's attainment demonstration and other elements required under the Clean Air Act (CAA). In addition to an attainment demonstration, the nonattainment plan addresses the requirements for meeting reasonable further progress (RFP) toward attainment of the NAAQS, implementation of reasonably available control measures and reasonably available control technology (RACM/RACT), base-year and projection-year emission inventories, enforceable emissions limitations and control measures, and contingency measures. EPA concludes that New Hampshire has appropriately demonstrated that the nonattainment plan provisions provide for attainment of the 2010 1-hour primary SO2 NAAQS in the Central New Hampshire Nonattainment Area by the applicable attainment date and that the nonattainment plan meets the other applicable requirements under the CAA. This action is being taken in accordance with the CAA.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) submitted on July 14, 2014, by the State of Nebraska. This proposed action will amend the SIP to include revisions to title 129 of the Nebraska Administrative Code, chapter 20 ``Particulate Emissions; Limitations and Standards''. The revisions make clear that the emission rates in the rule apply to applicable sources except when a more stringent Federal rule or limit in a construction permit exists. Other minor administrative revisions are also being made. Approval of these revisions will not impact air quality, ensures consistency between the State and Federally approved rules, and ensures Federal enforceability of the State's rules.

We are superseding Airworthiness Directive (AD) 2014-02-01, which applied 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 required 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. This AD requires 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 AD also adds airplanes to the applicability. This AD was prompted by reports that when installing the RTL return springs, the RTL limiter arm assembly lug(s) can become deformed. We are issuing this AD to address the unsafe condition on these products.

The Coast Guard is temporarily changing the location of the special local regulation for the annual Great Western Tube Float event held on the navigable waters of the Colorado River, Parker, AZ. The change of the location for the special local regulation is necessary to provide for the safety of life on navigable waters during the event. This action will restrict vessel traffic in certain waters of the Colorado River, from 7 a.m. to 5 p.m. on June 9, 2018, from Buckskin Mountain State Park to La Paz County Park.