September 14, 2018 – Federal Register Recent Federal Regulation Documents
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Telemarketing Sales Rule Fees
The Federal Trade Commission (the ``Commission'') is amending its Telemarketing Sales Rule (``TSR'') by updating the fees charged to entities accessing the National Do Not Call Registry (the ``Registry'') as required by the Do-Not-Call Registry Fee Extension Act of 2007.
Drawbridge Operation Regulation; Sacramento River, Sacramento, CA
The Coast Guard has issued a temporary deviation from the operating schedule that governs the Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento, CA. The deviation is necessary to allow the community to participate in the Farm-to-Fork Dinner event. This deviation allows the bridge to remain in the closed- to-navigation position during the deviation period.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Recticon/Allied Steel Superfund Site
The Environmental Protection Agency (EPA) Region 3 announces the deletion of the Recticon/Allied Steel Corp Superfund Site (Site) located in East Coventry Twp, PA, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection, have determined that all appropriate response actions under CERCLA, have been completed. However, this deletion does not preclude future actions under Superfund.
Mergers and Transfers Between Multiemployer Plans
PBGC is issuing a final rule amending its regulation on Mergers and Transfers Between Multiemployer Plans to implement procedures and information requirements for a request for a facilitated merger. This final rule also reorganizes and updates provisions in the existing regulation.
Establishing a Performance Standard for Authorizing the Importation and Interstate Movement of Fruits and Vegetables
We are amending our regulations governing the importation of fruits and vegetables by broadening our existing performance standard to provide for approval of all new fruits and vegetables for importation into the United States using a notice-based process. We are also removing the region- or commodity-specific phytosanitary requirements currently found in these regulations. Likewise, we are making an equivalent revision of the performance standard in our regulations governing the interstate movement of fruits and vegetables from Hawaii and the U.S. territories (Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands) and removing the commodity- specific phytosanitary requirements from those regulations. This action will allow for the approval of requests to authorize the importation or interstate movement of new fruits and vegetables in a manner that enables a more flexible and responsive regulatory approach to evolving pest situations in both the United States and exporting countries. It will not, however, alter the science-based process in which the risk associated with importation or interstate movement of a given fruit or vegetable is evaluated or the manner in which risks associated with the importation or interstate movement of a fruit or vegetable are mitigated.
Amendment of Class D Airspace and Class E Airspace, and Revocation of Class E Airspace: New Smyrna Beach, FL
This action corrects a final rule published in the Federal Register on August 23, 2018, amending Class D airspace and Class E airspace extending upward from 700 feet or more above the surface at New Smyrna Beach Municipal Airport, New Smyrna Beach, FL. The longitude coordinate symbols for Massey Ranch Airpark listed in Class E airspace areas extending upward from 700 feet were typed as degrees, minutes, minutes instead of degrees, minutes, and seconds. Also, a parenthesis was excluded from the airport's geographic coordinates.
The Standard for Determining Joint-Employer Status
In order to more effectively enforce the National Labor Relations Act (the Act or the NLRA) and to further the purposes of the Act, the National Labor Relations Board (the Board) proposes a regulation establishing the standard for determining whether two employers, as defined in Section 2(2) of the Act, are a joint employer of a group of employees under the NLRA. The Board believes that this rulemaking will foster predictability and consistency regarding determinations of joint-employer status in a variety of business relationships, thereby promoting labor-management stability, one of the principal purposes of the Act. Under the proposed regulation, an employer may be considered a joint employer of a separate employer's employees only if the two employers share or codetermine the employees' essential terms and conditions of employment, such as hiring, firing, discipline, supervision, and direction. More specifically, to be deemed a joint employer under the proposed regulation, an employer must possess and actually exercise substantial direct and immediate control over the essential terms and conditions of employment of another employer's employees in a manner that is not limited and routine.
Airworthiness Directives; The Boeing Company Airplanes
We are revising an earlier proposal for certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This action revises the notice of proposed rulemaking (NPRM) by adding airplanes to the applicability and adding a measurement of the distance between the hooks of the torsion spring of the lanyard assembly. We are proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, we are reopening the comment period to allow the public the chance to comment on these changes.
Allocation of Assets in Single-Employer Plans; Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
This final rule amends the Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single- Employer Plans and Allocation of Assets in Single-Employer Plans to prescribe interest assumptions under the benefit payments regulation for valuation dates in October 2018 and interest assumptions under the asset allocation regulation for valuation dates in the fourth quarter of 2018. The interest assumptions are used for valuing and paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.
Cranberries Grown in the States of Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York; Proposed Amendment to Marketing Order 929 and Referendum Order
This rulemaking proposes an amendment to Marketing Order No. 929, which regulates the handling of cranberries grown in the states of Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York. The Cranberry Marketing Committee (Committee), recommended adding authority to accept contributions from domestic sources for research and development activities authorized under the marketing order and that would be free from any encumbrances as to their use by the donor.
Airworthiness Directives; Honeywell International Inc. Turbofan Engines
We propose to supersede Airworthiness Directive (AD) 2017-20- 01, which applies to certain Honeywell International Inc. (Honeywell) TFE731-20 and TFE731-40 turbofan engines. AD 2017-20-01 requires removing the affected fan disk and replacing it with a fan disk eligible for installation. Since we issued AD 2017-20-01, we determined that some turbofan engine models were omitted from the applicability of AD 2017-20-01. This proposed AD would add these turbofan engine models to the applicability, remove the Honeywell TFE731-20 turbofan engine from the applicability, and prohibit installation of affected fan disks. We are proposing this AD to address the unsafe condition on these products.
Airworthiness Directives; Zodiac Seats France, Cabin Attendant Seats
We propose to adopt a new airworthiness directive (AD) for all Zodiac Seats France 536-Series Cabin Attendant Seats. This proposed AD was prompted by potential risk of premature corrosion on the seat structure and clamps. This proposed AD would require inspection and modification of all Zodiac Seats France 536-Series Cabin Attendant Seats. We are proposing this AD to address the unsafe condition on these products.
Airworthiness Directives; Airbus SAS Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 airplanes. This proposed AD was prompted by a determination that certain holes for the vertical tail plane (VTP) tension bolts connection are not properly protected against corrosion. This proposed AD would require modifying the VTP tension bolts connection by adding sealant and protective treatment to the head of the connection, at the barrel nut cavities, and in the surrounding area. We are proposing this AD to address the unsafe condition on these products.
Airworthiness Directives; Bombardier, Inc., Airplanes
We propose to supersede Airworthiness Directive (AD) 2010-14- 05, which applies to certain Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 (601), and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. AD 2010-14-05 requires inspection for the part numbers of the system and brake accumulators, and repetitive replacement of affected accumulators. Since we issued AD 2010-14-05, we have determined that new or more restrictive airworthiness limitations, as well as additional actions, are necessary to address the unsafe condition. In addition to the requirements of AD 2010-14-05, this proposed AD would require relocating the accumulators and revising the maintenance or inspection program to incorporate new or more restrictive airworthiness limitations. This proposed AD would also add optional terminating action for certain airplanes. We are proposing this AD to address the unsafe condition on these products.
Designation of Product Categories for Federal Procurement
The U.S. Department of Agriculture (USDA) is proposing to amend the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add 30 sections that will designate the product categories within which biobased products would be afforded procurement preference by Federal agencies and their contractors. These 30 product categories contain finished products that are made, in large part, from intermediate ingredients that have been proposed for designation for Federal procurement preference. USDA is also proposing minimum biobased contents for each of these product categories. Additionally, USDA is proposing to amend the existing designated product categories of general purpose de-icers, firearm lubricants, laundry products, and water clarifying agents.
Accelerating Wireline and Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment
In this document, the Federal Communications Commission (Commission) adopts a new framework for the vast majority of pole attachments governed by federal law by instituting a ``one-touch make- ready'' regime, in which a new attacher may elect to perform all simple work to prepare a pole for new wireline attachments in the communications space. This new framework includes safeguards to promote coordination among parties and ensures that new attachers perform the work safely and reliably. The Commission retains the current multi- party pole attachment process for attachments that are complex or above the communications space of a pole, but makes significant modifications to speed deployment, promote accurate billing, expand the use of self- help for new attachers when attachment deadlines are missed, and reduce the likelihood of coordination failures that lead to unwarranted delays. The Commission also improves its pole attachment rules by codifying and redefining Commission precedent that requires utilities to allow attachers to ``overlash'' existing wires, thus maximizing the usable space on the pole; eliminating outdated disparities between the pole attachment rates that incumbent carriers must pay compared to other similarly-situated cable and telecommunications attachers; and clarifying that the Commission will preempt, on an expedited case-by- case basis, state and local laws that inhibit the rebuilding or restoration of broadband infrastructure after a disaster.
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