December 4, 2018 – Federal Register Recent Federal Regulation Documents

Significant New Use Rules on Certain Chemical Substances; Withdrawal
Document Number: 2018-26358
Type: Rule
Date: 2018-12-04
Agency: Environmental Protection Agency
EPA is withdrawing significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for 26 chemical substances, which were the subject of premanufacture notices (PMNs). EPA published these SNURs using direct final rulemaking procedures, which requires EPA to take certain actions if an adverse comment is received. EPA received adverse comments regarding the SNURs identified in the direct final rule. Therefore, the Agency is withdrawing the direct final rule SNURs identified in this document, as required under the direct final rulemaking procedures.
Calcium Formate; Exemption From the Requirement of a Tolerance
Document Number: 2018-26353
Type: Rule
Date: 2018-12-04
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of calcium formate (CAS Reg. No. 544-17-2) when used as an inert ingredient (carrier) in pesticide formulations applied to growing crops only. ADAMA Agan, Ltd. c/o Makhteshim Agan of North America, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of calcium formate.
Bixafen; Pesticide Tolerances
Document Number: 2018-26348
Type: Rule
Date: 2018-12-04
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of bixafen in or on multiple commodities which are identified and discussed later in this document. FMC Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
1-Propanesulfonic acid, 2-methyl-2-[(1-oxo-2-propen-1-y1)amino]-, homopolymer, sodium salt and 1-Propanesulfonic acid, 2-methyl-2-[(1-oxo-2-propen-1-y1)amino]-, sodium salt (1:1), homopolymer; Tolerance Exemption
Document Number: 2018-26347
Type: Rule
Date: 2018-12-04
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of 1-propanesulfonic acid, 2-methyl-2-[(1- oxo-2-propen-1-y1)amino]-, homopolymer, sodium salt (CAS Reg. No. 55141-01-0), and 1-propanesulfonic acid, 2-methyl-2-[(1-oxo-2-propen-1- y1)amino]-, sodium salt (1:1), homopolymer (CAS Reg. No. 35641-59-9); when used as inert ingredients in a pesticide chemical formulation. BASF Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 1-propanesulfonic acid, 2-methyl-2-[(1-oxo-2-propen-1-y1)amino]-, homopolymer, sodium salt) and 1-propanesulfonic acid, 2-methyl-2[(1oxo-2propen-1-y1)amino]- , sodium salt (1:1), homopolymer on food or feed commodities.
Oxytetracycline; Pesticide Tolerances
Document Number: 2018-26343
Type: Rule
Date: 2018-12-04
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of oxytetracycline in or on fruit, citrus, crop group 10-10. Geo Logic Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Form N-1A; Correction
Document Number: 2018-26335
Type: Rule
Date: 2018-12-04
Agency: Securities and Exchange Commission, Agencies and Commissions
This document makes technical corrections to several amendments to Form N-1A, which the Commission adopted as part of three rulemakings: Investment Company Reporting Modernization, which was published in the Federal Register on November 18, 2016; Optional Internet Availability of Investment Company Shareholder Reports, which was published in the Federal Register on June 22, 2018; and Investment Company Liquidity Disclosure, which was published in the Federal Register on July 10, 2018. This document is being published to correct the paragraph designations that appeared in the amendatory instructions preceding certain of the form amendments that the Commission adopted as part of each of these rulemakings. This document makes technical corrections only to the paragraph designations that appear in the amendatory instructions preceding these form amendments. This document does not make any substantive changes (i.e., changes except corrections to typographical errors) to the text of the form amendments themselves.
Patient Protection and Affordable Care Act; Elimination of Internal Agency Process for Implementation of the Federally-Facilitated User Fee Adjustment
Document Number: 2018-26332
Type: Rule
Date: 2018-12-04
Agency: Department of Health and Human Services
The U.S. Department of Health and Human Services (HHS) is issuing this final rule to eliminate references to internal Executive Branch procedures provided for under Office of Management and Budget (OMB) circular A-25R in connection with an adjustment to the Federally- facilitated Exchange (FFE) user fee. HHS is amending these regulations because it has determined that an exception to OMB circular A-25R is not required to effectuate the FFE user fee adjustment. Thus, this final rule removes the language that refers to an exception under OMB circular A-25R as an aspect of reducing a participating issuer's FFE user fee obligation. This rule does not affect the ability of an issuer to obtain an applicable reduction in FFE user fee obligations, amend the calculation of the FFE user fee credit provided to a participating issuer, change the application of the monthly user fee adjustment, or alter any of the other standards that participating issuers must meet to qualify for the user fee adjustment.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Document Number: 2018-26325
Type: Rule
Date: 2018-12-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is transferring 129.2 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category, and 9.9 mt from the Harpoon category to the General category for the remainder of the 2018 fishing year, to account for accrued overharvests of previous time period subquotas. This action is intended to provide opportunities for General category fishermen to participate in the December General category fishery, which is scheduled to reopen on December 1, 2018, and is based on consideration of the regulatory determination criteria regarding inseason adjustments. This action would affect Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels with a commercial sale endorsement when fishing commercially for BFT.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic Region; Regulatory Amendment 28
Document Number: 2018-26317
Type: Rule
Date: 2018-12-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues regulations to implement Regulatory Amendment 28 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP) (Regulatory Amendment 28), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule revises the commercial and recreational annual catch limits (ACLs) for golden tilefish in the South Atlantic. The purpose of this final rule is to end overfishing of golden tilefish while minimizing, to the extent practicable, adverse socio-economic effects and achieve optimum yield (OY) on a continuing basis.
Pears Grown in Oregon and Washington; Decreased Assessment Rate for Processed Pears
Document Number: 2018-26311
Type: Rule
Date: 2018-12-04
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule implements a recommendation from the Processed Pear Committee (Committee) to decrease the assessment rate established for ``summer/fall'' varieties of pears for canning for the 2018-2019 and subsequent fiscal periods. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Defense Federal Acquisition Regulation Supplement: Documentation for Interagency Contracts (DFARS Case 2018-D073)
Document Number: 2018-26309
Type: Rule
Date: 2018-12-04
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2019 that removes the requirement to make a best procurement approach determination to use an interagency acquisition.
Defense Federal Acquisition Regulation Supplement: Small Business Set-Asides for Architect-Engineer and Construction Design Contracts (DFARS Case 2018-D057)
Document Number: 2018-26308
Type: Proposed Rule
Date: 2018-12-04
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2019 regarding set-asides for architect-engineer and construction design contracts.
Defense Federal Acquisition Regulation Supplement: Modification of DFARS Clause “Surge Option” (DFARS Case 2018-D025)
Document Number: 2018-26307
Type: Rule
Date: 2018-12-04
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to revise a clause to reflect current terminology and industry practices, pursuant to action taken by the DoD Regulatory Reform Task Force.
Defense Federal Acquisition Regulation Supplement: Restrictions on Use of Lowest Priced Technically Acceptable Source Selection Process (DFARS Case 2018-D010)
Document Number: 2018-26306
Type: Proposed Rule
Date: 2018-12-04
Agency: Defense Acquisition Regulations System, Department of Defense
DoD proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Acts for Fiscal Years 2017 and 2018 that establish limitations and prohibitions on the use of the lowest price technically source selection process.
Defense Federal Acquisition Regulation Supplement: Sunset of Provision Relating to the Procurement of Certain Goods (DFARS Case 2018-D007)
Document Number: 2018-26305
Type: Rule
Date: 2018-12-04
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2018 that repeals the Fiscal Year 2015 restrictions on the source of photovoltaic devices in contracts awarded by DoD that result in DoD ownership of photovoltaic devices by means other than DoD purchase of the photovoltaic devices as end products.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 50 Feet Length Overall Using Hook-and-Line Gear in the Central Regulatory Area of the Gulf of Alaska
Document Number: 2018-26302
Type: Rule
Date: 2018-12-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 50 feet length overall (LOA) using hook-and- line gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2018 Pacific cod total allowable catch apportioned to catcher vessels less than 50 feet LOA using hook-and-line gear in the Central Regulatory Area of the GOA.
Air Plan Approval; Texas; Emission Statements
Document Number: 2018-26297
Type: Proposed Rule
Date: 2018-12-04
Agency: Environmental Protection Agency
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve a portion of a State Implementation Plan (SIP) revision submitted by the State of Texas for the 2008 8-hour ozone national ambient air quality standards (NAAQS). The portion of the SIP revision being approved pertains to CAA 2008 ozone NAAQS requirement for emission statements in the Dallas/Fort Worth ozone nonattainment area (DFW area).
Air Plan Approval; Texas; Emission Statements
Document Number: 2018-26294
Type: Rule
Date: 2018-12-04
Agency: Environmental Protection Agency
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving a portion of a State Implementation Plan (SIP) revision submitted by the State of Texas for the 2008 8-hour ozone national ambient air quality standards (NAAQS). The portion of the SIP revision being approved pertains to CAA 2008 ozone NAAQS requirement for emission statements in the Dallas/Fort Worth ozone nonattainment area (DFW area).
Air Plan Approval; Connecticut; Volatile Organic Compound Emissions From Consumer Products and Architectural and Industrial Maintenance Coatings; Correction
Document Number: 2018-26286
Type: Rule
Date: 2018-12-04
Agency: Environmental Protection Agency
This document corrects the preamble in the DATES section to a final rule published in the Federal Register on November 19, 2018. The Environmental Protection Agency (EPA) published a final rule approving Connecticut's State Implementation Plan (SIP) revision that amended requirements for controlling volatile organic compound (VOC) emissions from consumer products and architectural and industrial maintenance (AIM) coatings by revising Regulations of Connecticut State Agencies (RCSA) sections 22a-174-40, 22a-174-41, and adding section 22a-174-41a.
Air Plan Approval; New Hampshire; Infrastructure State Implementation Plan Requirements for the 2012 PM2.5
Document Number: 2018-26284
Type: Rule
Date: 2018-12-04
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving two State Implementation Plan (SIP) submissions from New Hampshire that address the infrastructure SIP requirements, including the interstate transport requirements, of the Clean Air Act (CAA or Act) for the 2012 fine particle (PM2.5) National Ambient Air Quality Standards (NAAQS). The approval does not address CAA section 110(a)(2)(K) (regarding air quality modeling and data), which EPA will address in a later rulemaking. The infrastructure SIP requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities with respect to this NAAQS under the CAA, including the obligations related to transport. The EPA is taking this action under the Clean Air Act.
Air Plan Approval; Massachusetts; Air Emissions Inventory, Emissions Statements, Source Registration, and Emergency Episode Planning Provisions
Document Number: 2018-26283
Type: Proposed Rule
Date: 2018-12-04
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the Commonwealth of Massachusetts. The revisions establish a 2011 base year emissions inventory, an emissions statement certification, revisions to an existing stationary source registration program, and requirements to be undertaken during air pollution emergencies. This action is being taken under the Clean Air Act.
Limitations on the Issuance of Commercial Driver's Licenses With a Hazardous Materials Endorsement
Document Number: 2018-26250
Type: Rule
Date: 2018-12-04
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In May 2003 and April 2005, FMCSA published interim final rules (IFR) regarding the limitations on the issuance of commercial driver's licenses with a hazardous materials endorsement. The comment period for the May 2003 IFR closed on July 7, 2003; there was no comment period for the April 2005 IFR. The Agency received over 50 comments on the 2003 IFR. FMCSA now plans to adopt the provisions of the IFRs that have not previously been made final. To ensure that interested parties have an opportunity to provide comments, the Agency has re-opened the comment period for 15 days.
Lease and Interchange of Vehicles; Motor Carriers of Passengers; Extension of Compliance Date
Document Number: 2018-26249
Type: Rule
Date: 2018-12-04
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA extends the compliance date of the May 27, 2015, final rule titled ``Lease and Interchange of Vehicles; Motor Carriers of Passengers,'' from January 1, 2019, to January 1, 2021. The final rule received 37 petitions for reconsideration. To address the concerns in the petitions, FMCSA initiated a new notice of proposed rulemaking (NPRM) that also included a proposal to extend the compliance date of the 2015 final rule from January 1, 2019, to January 1, 2021. This extension of the compliance date is necessary to provide time to consider all the issues raised in comments to the NPRM and to publish a final rule, while giving motor carriers sufficient time to comply with the revised requirements.
Air Plan Approval; Georgia; Revisions To VOC Definitions and Ambient Air Quality Standards
Document Number: 2018-26245
Type: Rule
Date: 2018-12-04
Agency: Environmental Protection Agency
On November 13, 2017, the State of Georgia through the Georgia Environmental Protection Division (EPD), submitted a revision to the Georgia State Implementation Plan (SIP). The Environmental Protection Agency (EPA) is approving changes to several portions of the revision that modifies the State's air quality regulations as incorporated into the SIP. Specifically, the revision pertains to definition changes, including the modification of the definition of ``volatile organic compounds'' (VOC) and changes to the State's air quality standards for sulfur dioxide, particulate matter, carbon monoxide, ozone, lead and nitrogen dioxide to be consistent with the National Ambient Air Quality Standard (NAAQS). EPA is approving these provisions of the SIP revision because the State has demonstrated that the changes are consistent with the Clean Air Act (CAA or Act).
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Revisions to Regulation for Control of Ozone Season Nitrogen Oxide Emissions
Document Number: 2018-26243
Type: Rule
Date: 2018-12-04
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving two state implementation plan (SIP) revisions submitted by the State of West Virginia. The revisions pertain to a West Virginia regulation that established the nitrogen oxides (NOX) ozone season trading program under the Clean Air Interstate Rule (CAIR), which implemented requirements for NOX reductions necessary to reduce interstate transport of pollution. The EPA-administered trading programs under CAIR were discontinued upon the implementation of the Cross-State Air Pollution Rule (CSAPR), which was promulgated by EPA to replace CAIR. CSAPR established Federal implementation plans (FIPs) for 28 states, including West Virginia, and applied to electric generating units (EGUs). The SIP submittals are comprised of revisions to the West Virginia regulation that implemented the CAIR ozone season NOX trading program that had previously been included in the West Virginia SIP. The revised West Virginia regulation removed the CAIR ozone season NOX trading program provisions, which also addressed certain large non-electric generating units (non-EGUs), established new requirements for these large non-EGUs, included a state-wide NOX emissions cap, and recodified certain other provisions that address the NOX emission reductions required for cement kilns and internal combustion engines. EPA is approving these SIP revisions to West Virginia's ozone season NOX regulation in accordance with the requirements of the Clean Air Act (CAA).
Removal of Alternate Participant Program
Document Number: 2018-26231
Type: Rule
Date: 2018-12-04
Agency: Social Security Administration, Agencies and Commissions
We are removing from the Code of Federal Regulations (CFR) our ``Alternate Participant Program'' rules because they are obsolete. We are removing these rules in accordance with the requirements of Executive Order (E.O.) 13777.
Revocation of Class E Airspace; Sunol, CA
Document Number: 2018-26209
Type: Rule
Date: 2018-12-04
Agency: Federal Aviation Administration, Department of Transportation
This action removes Class E airspace extending upward from 1,200 feet above the surface at Sunol, CA. This airspace is wholly contained within the Sacramento en route airspace area and duplication is not necessary.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Revisions to Red Snapper and Hogfish Management Measures
Document Number: 2018-26196
Type: Proposed Rule
Date: 2018-12-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to implement management measures described in two framework actions to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Gulf), as prepared by the Gulf of Mexico Fishery Management Council (Council). The framework actions are titled ``Modify the Annual Catch Limit (ACL) for the Gulf Red Snapper and Hogfish Stocks'' (ACL Framework Action) and ``Modify the Red Snapper Recreational Annual Catch Targets (ACT)'' (ACT Framework Action). This proposed rule would modify Gulf red snapper commercial and recreational ACLs (quotas) and ACTs, as well as the Gulf hogfish (West Florida stock) stock ACL, as a result of recent stock assessments for each species. Additionally, this proposed rule would reduce the Federal charter vessel/headboat (for-hire) component's red snapper ACT buffer to a level that would allow a greater harvest in 2019 while continuing to constrain landings to the component and total recreational ACLs. The purposes of this proposed rule are to respond to updated stock assessment information, maximize socio-economic opportunities for red snapper in the Federal for-hire component, and to continue to achieve optimum yield (OY) for each stock.
Establishment of Class E Airspace; Kemmerer, WY
Document Number: 2018-26195
Type: Rule
Date: 2018-12-04
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E surface area airspace at Kemmerer Municipal Airport, Kemmerer, WY, by enlarging the airspace area north of the airport and removing the Notice to Airmen (NOTAM) part-time status for the airspace. Also, this action reduces Class E airspace extending upward from 700 feet above the surface and removes Class E airspace extending upward from 1,200 feet above the surface.
Suspension of Community Eligibility
Document Number: 2018-26132
Type: Rule
Date: 2018-12-04
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/national-flood-insurance-program-community-statu s-book.
State of North Dakota Underground Injection Control Program; Class I, III, IV, and V Primacy Revisions
Document Number: 2018-25893
Type: Proposed Rule
Date: 2018-12-04
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) proposes to approve an application from the State of North Dakota under the Safe Drinking Water Act (SDWA) to revise the State's existing Underground Injection Control (UIC) program for Class I, III, IV, and V injection wells located within the State, except those in Indian country. North Dakota is revising its UIC Class I, III, IV, and V program regulations to transfer primary enforcement authority from the North Dakota Department of Health to the North Dakota Department of Environmental Quality.
National Defense Authorization Acts of 2016 and 2017, Recovery Improvements for Small Entities After Disaster Act of 2015, and Other Small Business Government Contracting
Document Number: 2018-25705
Type: Proposed Rule
Date: 2018-12-04
Agency: Small Business Administration, Agencies and Commissions
The U.S. Small Business Administration (SBA or Agency) is proposing to amend its regulations to implement several provisions of the National Defense Authorization Acts (NDAA) of 2016 and 2017 and the Recovery Improvements for Small Entities After Disaster Act of 2015 (RISE Act), as well as implementing other clarifying amendments. The proposed rule would clarify that contracting officers have the authority to request information in connection with a contractor's compliance with applicable limitations on subcontracting clauses; provide exclusions for purposes of compliance with the limitations on subcontracting for certain contracts performed outside of the United States, environmental remediation contracts, and information technology service acquisitions that require substantial cloud computing; require a prime contractor with a commercial subcontracting plan to include indirect costs in its subcontracting goals; establish that failure to provide timely subcontracting reports may constitute a material breach of the contract; clarify the requirements for size and status recertification; and limit the scope of Procurement Center Representative reviews of Department of Defense acquisitions performed outside of the United States and its territories. The proposed rule would also authorize agencies to receive double credit for small business goaling achievements as announced in SBA's scorecard for local area small business set asides in connection with a disaster. Finally, SBA is proposing to remove the kit assembler exception to the non- manufacturer rule.
Federal Acquisition Regulation: Revision of Limitations on Subcontracting
Document Number: 2018-25506
Type: Proposed Rule
Date: 2018-12-04
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement the final rule published by the Small Business Administration implementing section 1651 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013, which revised and standardized the limitations on subcontracting, including the nonmanufacturer rule, that apply to small business concerns under FAR part 19 procurements.
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