November 2018 – Federal Register Recent Federal Regulation Documents

On October 16, 2017, the Department of Veterans Affairs published a proposed rulemaking to amend its regulations on the provision of prosthetic and rehabilitative items and services. This supplemental notice of proposed rulemaking (SNPRM) provides clarification about provisions of that proposed rulemaking and seeks additional public comments on them. This SNPRM also provides notice regarding certain communications between VA and external parties regarding the proposed rule, and a summary of these communications has been added to the public docket of this rulemaking.

The Coast Guard proposes to establish a temporary safety zone for certain waters of Spa Creek. This action is necessary to provide for the safety of life on these navigable waters of Spa Creek at Annapolis, MD, during a fireworks display on December 31, 2018. This proposed rulemaking would prohibit persons and vessels from being in 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 Rural Utilities Service (RUS), a Rural Development Agency of the United States Department of Agriculture (USDA), hereinafter referred to as RUS or the Agency, is issuing a final rule to amend its regulations to address its ``Buy American'' requirement. This will codify long-standing RUS requirements which Agency borrowers have been required to follow pursuant to statute, bulletin, and contract as early as the 1950s. RUS will rescind Bulletin 43-9:344-3, `` `Buy American' Requirement,'' when this regulation becomes effective.

We are revising airworthiness directive (AD) 2018-20-03 for certain Hoffmann GmbH & Co. KG (Hoffmann) model HO-V 62 propellers. AD 2018-20-03 required removal of the affected propeller blades and installation of modified propeller blades marked with a change letter ``A'' or ``B'' suffix. This AD requires the removal and replacement of the affected propeller blades and installation of modified propeller blades marked with a change letter ``A'' or ``B'' suffix. This AD was prompted by a determination that the applicability and installation prohibition paragraphs of AD 2018-20-03 were incorrect. We inadvertently included all Hoffmann model HO-V 62 propeller blades that did not have a change letter ``A'' or ``B'' suffix added to the serial number (S/N) and marked on the blade in the applicability and installation prohibition paragraphs of AD 2018-20-03. Only Hoffmann model HO-V 62 propellers with certain S/Ns without a change letter ``A'' or ``B'' suffix are affected. We are issuing this AD to address the unsafe condition on these products.

This final rule establishes the 2019 opening date for all Atlantic shark fisheries, including the fisheries in the Gulf of Mexico and Caribbean. This final rule also establishes the quotas for the 2019 fishing year based on harvest levels during 2018, and the large coastal shark (LCS) retention limits for directed shark limited access permit holders. NMFS may increase or decrease these retention limits for directed shark limited access permit holders during the year, in accordance with existing regulations, to provide, to the extent practicable, equitable fishing opportunities for commercial shark fishermen in all regions and areas. These actions could affect fishing opportunities for commercial shark fishermen in the northwestern Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.

This rule proposes to approve and implement measures submitted by the New England Fishery Management Council in Framework Adjustment 6 to the Northeast Skate Complex Fishery Management Plan and revise the 2018-2019 specifications. This action would reduce the management uncertainty buffer between the annual catch limit and the annual catch target from 25 to 10 percent, which would result in increasing the annual catch target and total allowable landings for the 2018-2019 fishing years by 20 percent. This action is necessary to allow the skate wing total allowable landing to be achieved while minimizing the need to restrict fishing operations through incidental possession limits. This action intends to extend the directed fishing time for both the skate wing and bait fisheries.

This action proposes to amend Area Navigation (RNAV) Route T- 331 in the western United States. The modification is necessary due to the planned decommissioning of Clovis, CA, VOR portion of the VOR/ Tactical Air Navigation (VORTAC) navigation aid (NAVAID), which provides navigation guidance for portions of affected ATS route V-23. The decommissioning has rendered portions of V-23 unusable and amending T-331 helps overcome affected portions of V-23. The Clovis, CA, VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

Whenever the Environmental Protection Agency (EPA) promulgates a new or revised National Ambient Air Quality Standard (NAAQS), the Clean Air Act (CAA) requires each state to make a State Implementation Plan (SIP) submission establishing that the SIP provides for the implementation, maintenance, and enforcement of the new or revised NAAQS, commonly referred to as infrastructure requirements. The EPA is approving the Alaska SIP as meeting specific infrastructure requirements for the 1997, 2006, and 2012 fine particulate matter (PM2.5) NAAQS.

We are adopting a new airworthiness directive (AD) for all Fokker Services B.V. Model F28 airplanes. This AD was prompted by reports that filters, which are integral to certain T-unions in the landing gear hydraulic control system, disconnected from their housing and, in some cases, migrated. This AD requires replacing certain T- unions with an integral filter with T-unions without an integral filter. 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 747-8 and 747-8F series airplanes. This AD was prompted by a report that flightcrew oxygen masks did not function as designed during flight testing. This AD requires an inspection to determine if certain oxygen masks/regulators are installed, and replacement if necessary. We are issuing this AD to address the unsafe condition on these products.

In this document, the Federal Communications Commission (Commission) eliminate or revise expired and outdated cable rate regulation rules and close a related dormant docket.

In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provides the 2018 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. This rule also finalizes the National Highway Traffic Safety Administration's and the Office of the Secretary's catch-up inflation adjustment interim final rules required by the same Act.

In this document, the Federal Communications Commission (Commission) updates its rules to provide new spectrum capacity and eliminate unnecessary restrictions in the Private Land Mobile Radio (PLMR) bands, while reducing administrative burdens on applicants and licensees.

This regulation establishes tolerances for residues of pyrifluquinazon in or on multiple commodities that are identified and discussed later in this document. Nichino America, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Federal Energy Regulatory Commission (Commission) approves Reliability Standard TPL-007-2 (Transmission System Planned Performance for Geomagnetic Disturbance Events). The North American Electric Reliability Corporation (NERC), the Commission-certified Electric Reliability Organization, submitted Reliability Standard TPL- 007-2 for Commission approval. The Commission also directs NERC to develop and submit modifications to Reliability Standard TPL-007-2: To require the development and implementation of corrective action plans to mitigate assessed supplemental GMD event vulnerabilities; and to authorize extensions of time to implement corrective action plans on a case-by-case basis. In addition, the Commission accepts the revised GMD research work plan submitted by NERC.

The Commission is acknowledging a recent filing requesting the Commission to consider the application of the market dominant price cap to rates for Inbound Letter Post and certain other inbound international market dominant products. This document informs the public of the filing, invites public comment, and takes other administrative steps.

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is adopting amendments (``Final Rule'') to its 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 adopting 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 is amending 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 is amending the CFTC Margin Rule such 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 will not become so subject if it is amended solely to comply with the QFC Rules. These amendments are consistent with 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 October 10, 2018.

On November 5, 2018, the Copyright Royalty Judges solicited comments and proposals regarding necessary and appropriate modifications and amendments to agency regulations following enactment of a new law regarding the music industry. The comment period, which was set to expire on November 26, 2018, has been extended to December 10, 2018.

This action proposes to amend the Class E airspace extending upward from 700 feet above the surface at Dimmit County Airport, Carrizo Springs, TX. The FAA is proposing this action as a result of the decommissioning of the Dimmit non-directional beacon (NDB). The geographic coordinates of the airport would also be updated to coincide with the FAA's aeronautical database.

This action establishes Class E surface airspace at Dothan Regional Airport, Dothan, AL. The Class E surface airspace is established for the safety of aircraft landing and departing the airport when the air traffic control tower is closed. Also, this action amends Class D airspace by updating the airport's name and geographic coordinates, as well as replacing the outdated term `Airport/Facility Directory' with `Chart Supplement'. Additionally, the geographic coordinates of the airport and Wiregrass VORTAC are adjusted in the associated Class E airspace to match the FAA's aeronautical database; as well as removing the part-time status of the airspace for Class E airspace designated as an extension to a Class D surface area. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at this airport.

This action proposes to amend Class D airspace, Class E airspace designated as an extension to a Class D surface area, and Class E airspace extending upward from 700 feet or more above the surface at Schenectady County Airport, Schenectady, NY, and Albany, NY by updating the geographic coordinates of this airport, Saratoga County Airport, Hunter NDB, and Cambridge VORTAC. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at this airport. This action also would replace the outdated term Airport/Facility Directory with the term Chart Supplement in the legal descriptions of associated Class D and E airspace of Schenectady County Airport, Schenectady, NY, and Ithaca Tompkins Regional Airport, Ithaca, NY.

This document notifies the public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the United States Department of Agriculture (USDA) and the Secretary of the United States Department of Health and Human Services (HHS) a draft regulatory document concerning Pesticides; Technical Amendment to Data Requirements for Antimicrobial Pesticides. The draft regulatory document is not available to the public until after it has been signed and made available by EPA.

We propose to adopt a new airworthiness directive (AD) for all Saab AB, Saab Aeronautics Model SAAB 2000 airplanes. This proposed AD was prompted by reports that certain fuel probes indicated misleading fuel quantities on the engine indicating and crew alerting system (EICAS). This proposed AD would require a functional check of certain fuel probes, and replacement with a serviceable part if necessary. We are proposing this AD to address the unsafe condition on these products.

The Copyright Royalty Judges (Judges) publish final regulations setting rates and terms for the making of an ephemeral recording of a sound recording by a business establishment service for the period January 1, 2019, through December 31, 2023.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is proposing to amend its regulations governing the labeling and advertising of wine, distilled spirits, and malt beverages. TTB proposes to reorganize and recodify these regulations in order to simplify and clarify regulatory standards, incorporate guidance documents and current policy into the regulations, and reduce the regulatory burden on industry members where possible.