July 2018 – Federal Register Recent Federal Regulation Documents

The Coast Guard proposes to establish a special local regulation for the Carolina Boat Bash in Little River Inlet, SC. This action is necessary to ensure safety of life on navigable waters during the Carolina Boat Bash. During the enforcement period, no person or vessel may enter, transit through, anchor in, or remain within the designated area unless authorized by Sector Charleston COTP or a designated representative.

Under section 211 of the Clean Air Act, the Environmental Protection Agency (EPA) is required to set renewable fuel percentage standards every year. This action proposes the annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel that apply to gasoline and diesel transportation fuel produced or imported in the year 2019. Relying on statutory waiver authority that is available when the projected cellulosic biofuel production volume is less than the applicable volume specified in the statute, EPA is proposing volume requirements for cellulosic biofuel, advanced biofuel, and total renewable fuel that are below the statutory volume targets. We are also proposing the applicable volume of biomass-based diesel for 2020.

We are adopting amendments to the definition of ``smaller reporting company'' as used in our rules and regulations. The amendments expand the number of registrants that qualify as smaller reporting companies and are intended to reduce compliance costs for these registrants and promote capital formation, while maintaining appropriate investor protections. We are amending the definition of ``smaller reporting company'' to include registrants with a public float of less than $250 million, as well as registrants with annual revenues of less than $100 million for the previous year and either no public float or a public float of less than $700 million. We also are amending other rules and forms in light of the new definition of ``smaller reporting company,'' including amendments to the definitions of ``accelerated filer'' and ``large accelerated filer'' to preserve the existing thresholds in those definitions. Qualifying as a ``smaller reporting company'' will no longer automatically make a registrant a non-accelerated filer. The Chairman, however, has directed the staff to formulate recommendations to the Commission for possible additional changes to the ``accelerated filer'' definition that, if adopted, would have the effect of reducing the number of registrants that qualify as accelerated filers.

This final rule revises the current closure regulations for commercial shark fisheries. These changes affect commercial shark fisheries in the Atlantic Ocean, including the Gulf of Mexico and Caribbean. Revisions include changes to the landings threshold that prompts a closure and the minimum time between filing of the closure with the Federal Register and the closure becoming effective. This action is necessary to allow more flexibility when closing shark fisheries and to facilitate the use of available quota while still preventing overharvests.

This document amends the U.S. Customs and Border Protection (CBP) regulations to continue the import restrictions on archaeological and ethnological material from Libya previously imposed on an emergency basis in a final rule published on December 5, 2017. These restrictions are being imposed pursuant to an agreement between the United States and Libya that has been entered into under the authority of the Convention on Cultural Property Implementation Act. The document also contains the Designated List of Archaeological and Ethnological Material of Libya that describes the articles to which the restrictions apply. Accordingly, this document amends the CBP regulations by removing Libya from the listing of countries for which emergency actions imposed the import restrictions, and adding Libya to the list of countries for which an agreement has been entered into for imposing import restrictions.

On May 9, 2016, the Department of Veterans Affairs (VA) received a Petition for Rulemaking petitioning VA to amend its medical regulations by removing a provision that excludes ``gender alterations'' from its medical benefits package. The effect of the amendment sought by the petitioners would be to authorize gender alteration surgery as part of VA care when medically necessary. VA seeks comments on the petition to assist in determining whether to amend the medical benefits package and eliminate the exclusion of gender alteration from VA's medical benefits package.

The Commission is acknowledging a recent filing requesting the Commission initiate an informal rulemaking proceeding to consider changes to an analytical method for use in periodic reporting (Proposal Six). This document informs the public of the filing, invites public comment, and takes other administrative steps.

On June 22, 2018, the U.S. Department of Energy (``DOE'') published in the Federal Register a request for information (RFI) to consider whether to amend DOE's test procedure for commercial water- source heat pumps (``WSHPs''). This notice announces an extension of the public comment period for submitting comments on the RFI or any other subject within the scope of the RFI. The comment period is extended to September 21, 2018.

On behalf of the President's Pay Agent, the Office of Personnel Management is issuing proposed regulations to establish four new General Schedule locality pay areas, make certain changes to the definitions of existing locality pay areas, and make minor clarifying changes to the names of two locality pay areas. The proposed changes in locality pay area definitions would be applicable on the first day of the first applicable pay period beginning on or after January 1, 2019, subject to issuance of final regulations. Locality pay rates for the four new locality pay areas would be set by the President after the new locality pay areas would be established by regulation.

This action modifies Class E airspace designated as a surface area at Iowa County Airport, Mineral Point, WI, by making the airspace full-time and removing the part-time status and language from the airspace legal description. The Chicago Air Route Traffic Control Center (ARTCC) requested this action. This action also makes an editorial change to the airspace description by removing the city from the airport name.

We propose to supersede Airworthiness Directive (AD) 2012-22- 10, which applies to certain Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL-600-2E25 (Regional Jet Series 1000) airplanes. AD 2012-22-10 requires repetitive inspections to determine that cotter pins are installed at affected wing-to-fuselage attachment joints and replacement if necessary. Since we issued AD 2012-22-10, we determined that additional nuts of the forward keel beam attachment joint should be inspected, and that repetitive inspections of certain wing-to-fuselage attachment joints are not necessary. This proposed AD would retain the initial inspection of the wing-to-fuselage attachment joints, and remove the repetitive inspections of all but the forward keel beam attachment joint. This proposed AD would also change the repetitive inspection interval for the forward keel beam attachment joint. We are proposing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes; Model CL-600-2D15 (Regional Jet Series 705) airplanes; Model CL-600-2D24 (Regional Jet Series 900) airplanes; and Model CL- 600-2E25 (Regional Jet Series 1000) airplanes. This AD was prompted by reports indicating that corrosion was found on the main landing gear (MLG) retraction actuator brackets and their associated pins. This AD requires an inspection of the retraction actuator brackets, their associated pins and hardware, and the mating lugs on the MLG outer cylinder for any corrosion, and replacement if necessary. We are issuing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 777-200, -200LR, -300, and -300ER series airplanes. This AD was prompted by reports that additional areas of Boeing Material Specification (BMS) 8-39 flexible urethane foam were found during a routine inspection. This AD requires an inspection for foam insulation on the dripshield above the overhead panel support structure and replacement if necessary. For certain airplanes, this AD also requires replacement of foam insulation on the overhead panel support structure. We are issuing this AD to address the unsafe condition on these products.

The Department of Veterans Affairs (VA) is amending its medical regulations to clarify that VA will not bill third party payers for care and services provided by VA under certain statutory provisions, which we refer to as ``special treatment authorities.'' These special treatment authorities direct VA to provide care and services to veterans based upon discrete exposures or experiences that occurred during active military, naval, or air service. VA is authorized, but not required by law, to recover or collect charges for care and services provided to veterans for non-service-connected disabilities. This rule establishes that VA will not exercise its authority to recover or collect reasonable charges from third party payers for care and services provided under the special treatment authorities.

The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) submission, submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), on October 24, 2017, and a portion of a December 9, 2015, infrastructure SIP submission. The October 24, 2017 submission addresses the general Clean Air Act (CAA or Act) conflict of interest requirements applicable to Alabama state boards or agency personnel with respect to the approval of permits or enforcement orders. This submission also specifically addresses requirements for implementation of the following national ambient air quality standards (NAAQS): 1997, 2006, and 2012 Fine Particulate Matter (PM2.5), 2008 8-hour Ozone, 2008 Lead, 2010 Nitrogen Dioxide (NO2), and 2010 Sulfur Dioxide (SO2). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA. Whenever EPA promulgates a new or revised NAAQS, the CAA requires the state to make a new SIP submission establishing that the existing SIP meets the various applicable requirements, or revising the SIP to meet those requirements. This type of SIP submission is commonly referred to as an ``infrastructure'' SIP. In this action, EPA is approving the October 24, 2017, submission with respect to: The CAA conflict of interest requirements; and the related conflict of interest infrastructure SIP requirements for the 1997, 2006, and 2012 PM2.5, 2008 8-hour Ozone, 2008 Lead, 2010 NO2, and 2010 SO2 NAAQS. In addition, EPA is approving a portion of ADEM's December 9, 2015, infrastructure SIP submission (as supplemented by the October 24, 2017 submission) related to the conflict of interest requirements for the 2012 PM2.5 NAAQS. This action removes EPA's obligation to promulgate a Federal Implementation Plan (FIP) to address these CAA state board requirements for Alabama.

This rule implements a recommendation from the Cherry Industry Administrative Board (Board) to revise the exemption provisions for tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. This rule changes the number of years that new product, new market development, and market expansion projects are eligible for handler diversion credit. This action also permits handlers to apply for previously awarded projects if the original handler has not begun the project within a year of approval and provides an expedited approval option for some market expansion activities. This final rule also contains a formatting change to subpart references to bring the language into conformance with the Office of Federal Register requirements.

As a result of this rule, the Department of State finalizes without change a final rule establishing that a passport and a visa is required of a British, French, or Netherlands national, or of a national of Antigua, Barbados, Grenada, Jamaica, or Trinidad and Tobago, who has residence in British, French, or Netherlands territory located in the adjacent islands of the Caribbean area, or has residence in Antigua, Barbados, Grenada, Jamaica, or Trinidad and Tobago, if the alien is proceeding to the United States as an agricultural worker. In light of past experience, and to promote consistency of treatment across H-2A agricultural workers, prudent border management requires that these temporary workers obtain a visa, which already is required of most other H-2A agricultural workers. The previous rule created a vulnerability by allowing temporary workers from these countries to enter the United States without a visa. As a consequence of the Department of Homeland Security (DHS) revising its regulations in parallel with State Department actions, temporary workers from these countries will continue to need H-2A visas to enter the United States.

This proposed rule invites comments on a recommendation to change the container requirements under the marketing order for oranges and grapefruit grown in the Lower Rio Grande Valley in Texas. This action would remove five containers from the list of authorized containers and add seven new containers to the list. This change would also modify the descriptions of two authorized containers.

This final rule removes DoD's regulation requiring individuals wishing to visit Kaho`olawe Island, Hawaii, to receive advance authorization from the Commanding Officer of Naval Base, Pearl Harbor before doing so. This part provided entry procedures for individuals wishing to visit Kaho`olawe Island, Hawaii, and its adjacent waters due to ongoing military training operations and the presence of unexploded ordnance (UXO). On November 11, 2003, upon the completion of UXO clearance and environmental restoration, control of access to Kaho`olawe was passed from the United States to the State of Hawaii. Since that time, Navy has not exercised access control to Kaho`olawe Island or its adjacent waters. This part is no longer required.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) for Oklahoma submitted by the State of Oklahoma designee with a letter dated February 14, 2017. The submittal covers updates to the Oklahoma SIP, as contained in annual SIP updates for 2013, 2014, 2015, and 2016, and incorporates the latest changes to EPA regulations. This action will address the revisions submitted to the Oklahoma SIP pertaining to incorporation by reference of federal requirements and emission inventory reporting requirements.

NMFS issues regulations to implement Amendment 117 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP), implement Amendment 106 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP), and update the species code tables for octopus. This final rule prohibits directed fishing for the squid species complex (squids) by Federally permitted groundfish fishermen, specifies a squid retention limit in the Gulf of Alaska (GOA) groundfish fisheries consistent with the existing Bering Sea and Aleutian Islands Management Area (BSAI) squid retention limit, and makes minor corrections to the octopus species code tables. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMPs, and other applicable laws.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 777-200, -200LR, -300, and -300ER series airplanes. This proposed AD was prompted by a report that showed a non-compliance exists on some in-service galley attendant seat fitting installations. The non-compliance could result in flight attendant seats failing in a high-G crash. This proposed AD would require modifications for galley mounted seat fittings. We are proposing this AD to address the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model DHC-8-300 series airplanes. This proposed AD was prompted by reports indicating that a certain emergency exit door could not be opened during maintenance. This proposed AD would require a detailed inspection of the ball bearings of an emergency exit, replacement of bearings if necessary, application of corrosion inhibiting compound (CIC), and revision of the maintenance or inspection program, as applicable. We are proposing this AD to address the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This proposed AD was prompted by reports that non-conforming FIREX squib wire harness connectors may have been installed, which could result in FIREX squib wire harness connectors being connected to the wrong FIREX bottle connectors on affected aircraft. This proposed AD would require a visual inspection of the connections between the FIREX squib wire harness connectors and FIREX bottle connectors, installation of split ring lanyards on the FIREX squib wire harness connectors, and corrective actions if necessary. We are proposing this AD to address the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-300, -400, and -500 series airplanes. This proposed AD was prompted by a report indicating that the primary latch securing the passenger service unit (PSU) to the airplane structure is not adequate for the higher loads experienced during survivable accidents. This proposed AD would require installing lanyard assemblies on the PSU and, for certain airplanes, on the life vest panel. We are proposing this AD to address the unsafe condition on these products.