December 19, 2018 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), announce 12- month findings on petitions to list 13 species as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list the Cedar Key mole skink, Florida sandhill crane, Fremont County rockcress, Frisco buckwheat, Ostler's peppergrass, Frisco clover, MacGillivray's seaside sparrow, Ozark pyrg, pale blue-eyed grass, San Joaquin Valley giant flower-loving fly, striped newt, Tinian monarch, and Tippecanoe darter. However, we ask the public to submit to us at any time any new information that becomes available relevant to the status of any of the species mentioned above or their habitats.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Operating Permits Program for the State of Kansas submitted on January 22, 2018. The revised Kansas rules reorganize, clarify, and update the Class I emission fee, application fee, and emissions inventory regulations and ensure that Kansas's Operating Permits Program is adequately funded. Approval of these revisions ensures consistency between the State and federally-approved rules and does not impact air quality.

The Department of Energy's Office of Fossil Energy (DOE/FE) is discontinuing its practice, adopted in 2016, of including an ``end use'' reporting provision in orders authorizing the export of domestically produced natural gas, including liquefied natural gas (LNG), issued under section 3 of the Natural Gas Act (NGA). Under this practice, many authorization holders are currently required to track and report the country (or countries) of destination into which their exported LNG or natural gas was ``received for end use.'' Due to practical concerns about this reporting requirement and a reconsideration of the need for the requirement given those concerns, DOE/FE has determined that it is prudent to discontinue this requirement in export authorizations going forward. DOE/FE will revert to its prior practice of requiring authorization holders to report, in relevant part, the country (or countries) into which the exported LNG or natural gas ``was actually delivered.'' DOE/FE believes this action will enhance the accuracy of information provided by authorization holders and will reduce administrative burdens for the U.S. LNG export market. This policy statement affects only future export authorizations issued by DOE/FE. However, concurrently with the issuance of this policy statement, DOE/FE is issuing a blanket order removing the end use provision from applicable existing export authorizations issued from February 2016 to present.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2018 Pacific cod total allowable catch allocated to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI.

The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of January 7, 2019, for the direct final rule that was published in the Federal Register on October 22, 2018. This direct final rule amends the NRC's spent fuel storage regulations by revising the NAC International NAC-UMS[supreg] listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 6 to Certificate of Compliance No. 1015. Amendment No. 6 revises the technical specifications of the certificate of compliance to: Remove a redundant requirement for inspection of the concrete cask and canister; revise a limiting condition of operation for heat removal to clarify that ``LCO not met'' means that the concrete heat removal system is inoperable; remove an inspection requirement that is already covered by limiting condition of operation surveillance requirements for off- normal, accident, or natural phenomenon events; and clarify that ``immediate'' restoration of a concrete cask's heat removal capabilities means ``within the design-basis time limit'' in Section 11.2.13 of the final safety analysis report, ``or within the time limit for a less than design-basis heat load case, as evaluated.'' Amendment No. 6 also clarifies that a limiting condition of operation for loaded cask surface dose rates applies prior to storage conditions, when dose rates will be highest.

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to revise the fees charged for search and review of agency records by NRC personnel in response to certain Freedom of Information Act (FOIA) requests. These revisions are being made to ensure the NRC recovers direct costs of these activities, as required by the FOIA.

North Dakota has applied for final authorization of a revision to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The revision has two parts, both of which relate directly to the creation of the North Dakota Department of Environmental Quality (NDDEQ) by the North Dakota Legislature, and the impending transfer of authority, power, and duties relating to environmental quality from the North Dakota Department of Health (NDDH) to the NDDEQ. The first part of the program revision is the complete transfer of all hazardous waste program rules from Title 33 Article 24 of the North Dakota Administrative Code (NDAC) to NDAC Title 33.1 Article 24. The second part is replacing all references to NDDH with NDDEQ. No other changes are being made to the hazardous waste program rules in this revision. The EPA has reviewed the application and determined that North Dakota's hazardous waste program revision satisfies all of the requirements necessary to qualify for final authorization. The EPA is authorizing the state program revision through this direct final rule. The EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial action and does not anticipate adverse comments. However, in the proposed rules section of this Federal Register, the EPA is publishing a separate document that will serve as a proposal to authorize the revision should the Agency receive adverse comment. Unless the EPA receives adverse written comments during the review and comment period, the decision to authorize North Dakota's hazardous waste program revision will take effect as provided below.

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 North Dakota's Underground Storage Tank (UST) program submitted by the State. The EPA has determined that these revisions satisfy all requirements needed for program 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 temporarily modifying the operating schedule that governs the Camino Real (Boca Club) Bridge across the Atlantic Intracoastal Waterway, mile 1048.2, at Boca Raton, Florida. This modification is necessary to allow for the completion of extensive rehabilitation of the bridge and fender system. This modification will allow the draw to provide single-leaf openings with a 6-hour advanced notice for a full opening.

The Environmental Protection Agency (EPA) is taking final action to approve portions of State Implementation Plan (SIP) revisions provided by the State of North Carolina through the North Carolina Division of Air Quality (NCDAQ) in letters dated June 5, 2017, and August 22, 2017. The submissions revise several regulations concerning nitrogen oxides (NOX), emission control standards, monitoring, and reporting requirements. EPA is taking final action to approve these provisions of the SIP revisions because these changes are consistent with the Clean Air Act (CAA or Act) and federal regulations.

This action establishes Class E airspace extending upward from 700 feet above the surface at Breckinridge County Airport, Hardinsburg, KY, to accommodate new area navigation (RNAV) global positioning system (GPS) standard instrument approach procedures serving the airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at this airport.

The Copyright Royalty Judges announce their final determination of the rates and terms for the digital transmission of sound recordings and the reproduction of ephemeral recordings by preexisting subscription services and preexisting satellite digital audio radio services for the period beginning January 1, 2018, and ending on December 31, 2027.