November 2018 – Federal Register Recent Federal Regulation Documents

The Food and Drug Administration (FDA or we) is announcing the availability of a guidance for industry entitled ``Nutrition and Supplement Facts Labels: Questions and Answers Related to the Compliance Date, Added Sugars, and Declaration of Quantitative Amounts of Vitamins and Minerals; Guidance for Industry.'' This guidance is intended for conventional food and dietary supplement manufacturers. The guidance finalizes the draft guidance we issued in January 2017, which provides questions and answers (Q&A) on topics related to compliance with the Nutrition Facts and Supplement Facts label and Serving Size final rules, the labeling of added sugars, declaration of quantitative amounts of vitamins and minerals, and format issues on the Nutrition Facts and Supplement Facts labels.

The Coast Guard proposes to establish a temporary safety zone for certain waters of the Upper Potomac River. This action is necessary to provide for the safety of life on these navigable waters of the Washington Channel adjacent to The Wharf DC, Washington, DC, during a fireworks display on December 1, 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.

These special conditions are issued for the Bombardier Inc. (Bombardier) Model BD-700-2A12 and BD-700-2A13 airplanes. These airplanes will have a novel or unusual design feature associated with an enhanced flight-vision system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These 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.

Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State of Utah's Underground Storage Tank (UST) program submitted by the State. The EPA has determined that these revisions satisfy all requirements needed for program approval. This action also codifies the EPA's approval of Utah's state program and incorporates by reference those provisions of the State's regulations that we have determined meet the requirements for approval. The State's federally-authorized and codified UST program, as revised pursuant to this action, will remain subject to the EPA's inspection and enforcement authorities under sections 9005 and 9006 of RCRA subtitle I and other applicable statutory and regulatory provisions.

The Coast Guard is establishing a temporary security zone for navigable waters on Lake Erie for a senior government official's visit to Cleveland, OH. The security zone is necessary to protect the official party, the public and surrounding waterways from terrorist acts, sabotage or other subversive acts, accidents, or other causes of a similar nature. Entry of vessels or persons into the zone is prohibited unless specifically authorized by the Captain of the Port Buffalo or a designated representative.

The Coast Guard will enforce a special local regulation daily from 8:30 a.m. to 4:00 p.m. November 17 through November 18, 2018 to provide for the safety and security of navigable waterways during the Fort Lauderdale Grand Prix of the Seas. During the enforcement periods, all non-participant persons and vessels are prohibited from entering, transiting, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Miami or a designated representative. The operator of any vessel in the regulated area must comply with instructions from the Coast Guard or designated representative.

We are superseding Airworthiness Directive (AD) 98-16-03 for SOCATA Model TB 9 and Model TB 10 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 fatigue cracking of the wing front attachments on the wing and fuselage sides. We are issuing this AD to require actions to address the unsafe condition on these products.

This Notice of Proposed Rulemaking (NPRM) sets forth the Department of Labor's proposal to permit States to drug test unemployment compensation (UC) applicants, including a proposed list of occupations which the Department of Labor (``Department'' or ``DOL'') has determined regularly conduct drug testing.

This action proposes to remove Class E airspace extending upward from 700 feet above the surface at Chase Field Industrial Airport, Beeville-Chase Field, TX. The FAA is proposing this action due to the cancellation of the standard instrument approach procedures at the airport making the airspace no longer necessary.

We propose to adopt a new airworthiness directive (AD) for all Airbus SAS Model A310-304, -322, -324, and -325 airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that certain skin stringer joints are subject to widespread fatigue damage (WFD). This proposed AD would require a rototest inspection of the fastener holes in the affected areas and repair if necessary, and modifying the fastener holes. We are proposing this AD to address the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for all Airbus SAS Model A330-200 Freighter series, Model A330-200 series, Model A330-300 series, Model A340-200 series, Model A340-300 series, Model A340-500 series, and Model A340-600 series airplanes. This proposed AD was prompted by a report that certain sensor struts, in the case of down drive element disconnection, would be unable to provide failure detection information. This proposed AD would require repetitive inspections of certain drive station elements and sensor struts; an inspection of certain other drive station elements if necessary; and corrective actions if necessary. We are proposing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 787 series airplanes. This AD was prompted by reports that, under certain conditions, the automatic dependent surveillance-broadcast (ADS-B) out function and air traffic control/ traffic alert and collision avoidance system (ATC/TCAS) functions can transmit incorrect data. This AD requires an inspection or records review to determine if certain software is installed, the installation of new software for the integrated surveillance system (ISS) operational program software (OPS) if necessary, a software check, and applicable on-condition actions. For certain airplanes, this AD also requires the installation of new software for the ISS OPS, ISS option selection software (OSS) file, and ISS airline selectable option (ASO) file; and installation of a new ISS definition file database within the displays and crew alerting (DCA) system. We are issuing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This 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 AD requires 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 issuing this AD to address the unsafe condition on these products.

The FAA announces three public meetings to solicit feedback concerning the New York North Shore Helicopter Rule (``the Rule''). These meetings are being held pursuant to Section 182 of the FAA Reauthorization Act of 2018. The Rule requires civil helicopter pilots operating under Visual Flight Rules (VFR), whose route of flight takes them over the north shore of Long Island between the Visual Point Lloyd Harbor (VPLYD) waypoint and Orient Point (VPOLT), to use the North Shore Helicopter Route.

The FAA Reauthorization Act of 2018 directs the FAA to provide notice of, and an opportunity for, at least 60 days of public comment with respect to the regulations mandating that pilots operating civil helicopters under Visual Flight Rules use the New York North Shore Helicopter Route when operating along that area of Long Island, New York. The Act further states the FAA shall hold a public hearing in order to solicit feedback on the regulations from impacted communities. Such an opportunity will be provided and additional meeting information will be announced.

The Farm Credit Administration (FCA, we, or our) finalizes amendments to our regulations governing the eligibility of non-program investments held by the Federal Agricultural Mortgage Corporation (Farmer Mac). We are revising these regulations in compliance with section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act or DFA) by removing references to, and requirements relating to, credit ratings.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, on an emergency basis, a new information collection associated with Revision of Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems; Petition of City of Richardson, Texas Order on Reconsideration II. This document is consistent with the Order on Reconsideration, which stated that the Commission would publish a document in the Federal Register announcing the effective date of the rule.

The U.S. Nuclear Regulatory Commission (NRC) has received a petition for rulemaking (PRM) from Mr. Christopher S. Pugsley, Esq. (the petitioner), on behalf of Water Remediation Technology (WRT), LLC, dated July 3, 2018, requesting that the NRC amend its regulations regarding full-cost recovery of licensee fees. The petition was docketed by the NRC on August 2, 2018, and has been assigned Docket No. PRM-170-7. The NRC is examining the issues raised in PRM-170-7 to determine whether they should be considered in rulemaking. The NRC is not instituting a public comment period for this PRM as the staff anticipates considering the issues raised in the petition in the upcoming fiscal year 2019 proposed fee rule, and the public will have an opportunity to comment at that time.

The NMFS' Fisheries Finance Program (FFP or Program) proposes to revise the operating rules of the Program and set forth procedures, eligibility criteria, loan terms, and other requirements to add FFP financing to construct fishing vessels or reconstruct fishing vessels in limited access fisheries that are neither overfished or subject to overfishing. NMFS believes that this change will help preserve the economic benefits the nation derives from its commercial fishing fleets. Aging fishing vessels will need to be replaced. This will allow the FFP to play a small role in this process. Additionally, new fishing vessels will provide a safer environment for fishing crews and will be more fuel efficient. The rule provides for controls over the uses of replaced vessels that might otherwise contribute to additional harvesting efforts that could lead to overfishing. Currently, the Program provides loans to purchase, refurbish, or refinance fishing vessels, fish processing facilities, aquaculture facilities and individual fishing quota (IFQ) permits. The program also offers loans to community development quota (CDQ) groups to borrow for traditional loan purposes. NMFS also recently amended its regulations to add the purchase or refinancing of federally managed harvesting rights in limited access fisheries.

NMFS implements an accountability measure (AM) for commercial Spanish mackerel in the northern zone of the Atlantic exclusive economic zone (EEZ) through this temporary rule. NMFS has determined that the commercial quota for Spanish mackerel in the northern zone of the Atlantic EEZ will be reached by November 4, 2018. Therefore, NMFS closes the northern zone of the Atlantic EEZ to commercial harvest of Spanish mackerel on November 4, 2018. This closure is necessary to protect the Spanish mackerel resource in the Atlantic.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the LaCrosse Railroad Drawbridge across the Upper Mississippi River, mile 699.8, at LaCrosse, Wisconsin. The deviation is necessary to facilitate repairs essential for the safe operation of the drawbridge. This deviation allows the bridge to remain in the closed-to-navigation position for approximately four (4) hours weekdays.

This proposed rule would implement a recommendation from the California Date Administrative Committee (Committee) to increase the assessment rate for the 2018-19 and subsequent crop years for California dates handled under Marketing Order 987. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

This action establishes 16 high altitude area navigation (RNAV) routes (Q-routes), and modifies 7 existing Q-routes, in support of the Florida Metroplex Project. The routes were developed to improve the efficiency of the National Airspace System (NAS) and reduce dependency on ground-based navigational systems that cause system inefficiencies due to their limitations. This action also makes minor corrections to the waypoint names and geographic coordinates of certain Q-routes.

The Food and Drug Administration (FDA or we) is announcing that we have filed a petition, submitted by Bonamar Corp., proposing that we amend our food additive regulations to provide for the safe use of sources of ionizing radiation to control food-borne pathogens in finfish and flatfish.

The Food and Drug Administration (FDA or we) is classifying the insulin therapy adjustment device into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for the insulin therapy adjustment device's classification. We are taking this action because we have determined that classifying the device into class II (special controls) will provide a reasonable assurance of safety and effectiveness of the device. We believe this action will also enhance patients' access to beneficial innovative devices, in part by reducing regulatory burdens.