December 2018 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), propose a rule under section 4(d) of the Endangered Species Act of 1973 (Act), as amended, for the trispot darter (Etheostoma trisella), a fish from Alabama, Georgia, and Tennessee. This rule would provide measures necessary and advisable to conserve the species, which we list as a threatened species under the Act in a separate rulemaking published in today's Federal Register.

In this document, the Federal Communications Commission proposes to amend its rules to establish a regulatory framework for earth stations in motion (ESIMs) communications with non-geostationary- satellite orbit (NGSO), fixed-satellite service (FSS) satellite systems that would be analogous to that which currently exists for ESIMs communicating with geostationary-satellite orbit (GSO) FSS systems.

The Federal Deposit Insurance Corporation (FDIC) is requesting comment on a proposed rule (proposed rule or NPR) that would revise the FDIC's requirements for stress testing by FDIC-supervised institutions, consistent with changes made by Section 401 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA). Specifically, the proposed rule would amend the FDIC's existing stress testing regulations to change the minimum threshold for applicability from $10 billion to $250 billion, revise the frequency of required stress tests by FDIC-supervised institutions, and reduce the number of required stress testing scenarios from three to two. The NPR also proposes to make certain conforming and technical changes, including changes that were previously proposed in an April 2018 notice of proposed rulemaking that was superseded, in part, by the enactment of EGRRCPA.

This rule would revise the regulations that the Department of the Interior (Department) follows in processing records under the Freedom of Information Act. The revisions clarify and update procedures for requesting information from the Department and procedures that the Department follows in responding to requests from the public.

We propose to remove Airworthiness Directive (AD) 2012-02-18, which applies to all Dassault Aviation Model MYSTERE-FALCON 50 airplanes. AD 2012-02-18 requires revising the maintenance program to include revised airworthiness limitations. AD 2012-02-18 is no longer necessary because we have since issued AD 2017-09-03 to address the unsafe condition. Accordingly, we propose to remove AD 2012-02-18.

We are superseding Airworthiness Directive (AD) 2017-22-07, which applied to certain Airbus SAS Model A319 series airplanes; Model A320-211,-212, -214, -231, -232, and -233 airplanes; and Model A321- 111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2017- 22-07 required repetitive inspections of the frame forks, and corrective actions if necessary. AD 2017-22-07 also included optional modifications that constituted terminating action. This AD requires modifying certain forward and aft cargo compartment doors, and related investigative and corrective actions. This AD was prompted by an evaluation done by the design approval holder indicating that certain areas of certain cargo compartment doors are subject to widespread fatigue damage, and a determination was made that a modification of the frame forks must be done. We are issuing this AD to address the unsafe condition on these products.

The Office of the Director of National Intelligence (ODNI) proposes to: Exempt a new system of records (Continuous Evaluation System) as well as systems of records of the Intelligence Community Office of Inspector General (ICIG) from the requirements of the Privacy Act to the extent that information in each system is subject to the Privacy Act's exemption provisions. The ODNI also proposes to add a new section which restores a list of all ODNI systems of records that are subject to Privacy Act exemption.

The National Marine Fisheries Service (NMFS) is proposing regulations under the Tuna Conventions Act of 1950 (TCA) to implement Inter-American Tropical Tuna Commission (IATTC) Resolution C-18-01 (Measures for the Conservation and Management of Bluefin Tuna in the Eastern Pacific Ocean, 2019-2020) and Resolution C-18-02 (Amendment to Resolution C-16- 08 on a Long-term Management Framework for the Conservation and Management of Pacific Bluefin Tuna in the Eastern Pacific Ocean). This proposed rule would implement annual limits on commercial catch of Pacific bluefin tuna (Thunnus orientalis) in the eastern Pacific Ocean (EPO) for 2019 and 2020. This action is necessary to conserve Pacific bluefin tuna and for the United States to satisfy its obligations as a member of the IATTC.

The Coast Guard is establishing an emergency temporary safety zone for all navigable waters of the Ohio River extending from mile marker (MM) 530.6 to MM 533.0. This emergency safety zone is needed to protect life, vessels, and the marine environment due to the increase in river level, extreme currents and excessive drift causing vessels to allide with Markland Lock and Dam. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative.

A Petition for Reconsideration (Petition) has been filed in the Commission's rulemaking proceeding by Donald J. Evans, on behalf of Red Brennan Group.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Mojave Desert Air Quality Management District (MDAQMD or ``District'') portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from wood products coating operations and organic solvent degreasing operations. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act). We are also proposing to approve revisions to a definitions rule. Finally, we are proposing to convert the partial conditional approval of the District's reasonably available control technology (RACT) SIPs for the 1997 and 2008 ozone standards, as it applies to VOC emissions from wood products coating operations and organic solvent degreasing operations, to a full approval. We are taking comments on this proposal and plan to follow with a final action.

This notice announces a fact-finding informal airspace meeting regarding a plan to modify the Miami, FL, Class B Airspace, and the Fort Lauderdale, FL, Class C Airspace areas. The purpose of the meeting is to provide interested parties an opportunity to present views, recommendations, and comments on any proposed change to the airspace. All comments received during the meeting will be considered prior to any revision or issuance of a notice of proposed rulemaking.

This document only extends the comment period for the Risk Adjustment Data Validation (RADV) provisions of the proposed rule titled ``Medicare and Medicaid Programs; Policy and Technical Changes to the Medicare Advantage, Medicare Prescription Drug Benefit, Program of All-inclusive Care for the Elderly (PACE), Medicaid Fee-For-Service, and Medicaid Managed Care Programs for Years 2020 and 2021'' that was published in the November 1, 2018 Federal Register. The comment period for the RADV provision of this proposed rule, which would end on December 31, 2018, is extended by 120 days until April 30, 2019. The comment period for all other provisions of the November 1, 2018 proposed rule ends on December 31, 2018.

NMFS reduces the commercial trip limit of Atlantic migratory group Spanish mackerel in or from the exclusive economic zone (EEZ) in the Atlantic southern zone to 1,500 lb (680 kg), in round or gutted weight, per day. This commercial trip limit reduction is necessary to maximize the socioeconomic benefits of the fishery.

The Office of the Comptroller of the Currency (OCC) is amending its enforceable guidelines relating to recovery planning standards for insured national banks, insured federal savings associations, and insured federal branches (Guidelines) by increasing the average total consolidated assets threshold for applying the Guidelines from $50 billion to $250 billion. In addition, the OCC is changing the Guidelines to decrease from 18 months to 12 months the time within which a bank should comply with the Guidelines after the bank becomes subject to them. Finally, the OCC is making technical amendments to remove outdated compliance dates.

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the TN Americas LLC Standardized Advanced NUHOMS[supreg] Horizontal Modular Storage System (NUHOMS[supreg] System) listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 4 to Certificate of Compliance No. 1029. Amendment No. 4 revises the certificate of compliance's technical specifications to: clarify the applicability of unloading procedures and training modules relative to spent fuel pool availability; credit the use of the installed temperature monitoring system specified in lieu of performing daily visual vent inspections; establish dose rates on the front inlet bird screen and the door of the concrete storage module for the Advanced Horizontal Storage Module; modify the criteria for performing Advanced Horizontal Storage Module air vent visual inspections; identify the blocked vent time limitations for each of the 24PT1 and 24PT4 dry shielded canisters; and provide a new temperature rise value for the Advanced Horizontal Storage Module with a loaded 24PT4 dry shielded canister.

We are adopting a new airworthiness directive (AD) for all Engine Alliance (EA) GP7270, GP7272, and GP7277 model turbofan engines. This AD requires inspection of the stage 6 seal ring for correct installation and inspection of the high-pressure compressor (HPC) stages 2-5 spool for cracks. This AD also requires replacement of the HPC stages 2-5 spool if the stage 6 seal ring is incorrectly installed or if the HPC stages 2-5 spool is found cracked. This AD was prompted by a shop finding of axial cracks in the interstage 5-6 seal teeth of the HPC stages 2-5 spool spacer arm, due to an incorrectly installed stage 6 seal ring. We are issuing this AD to address the unsafe condition on these products.

NMFS published a final rule on December 3, 2018, to implement management measures revising Federal regulations that currently restrict the use and configuration of bottom and midwater trawl gear for vessels fishing under the Pacific Coast Groundfish Fishery's Trawl Rationalization Program. This notification corrects language describing where vessels are prohibited from carrying any other type of small footrope trawl gear other than selective flatfish trawl gear (SFFT); restores language which clarifies the trawl gear types vessels are allowed to carry simultaneously on a trip; restores the prohibition on the use of small footrope trawl inside the Columbia and Klamath River Salmon Conservation Zones; and restores vessel declarations for non- trawl and open access groundfish trips, open access trips for other fisheries, and other trip types.

The Environmental Protection Agency (EPA) is approving Illinois' May 8, 2018 request to revise the designation for the entire State of Illinois from unclassifiable to unclassifiable/attainment and Indiana's July 3, 2018 request to revise the designation for the Indiana portions of the Chicago IL-IN and Louisville KY-IN areas from unclassifiable to unclassifiable/attainment for the 2012 primary and secondary annual fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). EPA is approving these requests because valid, quality-assured, and certified ambient air monitoring data show that the PM2.5 monitors in the areas are meeting the 2012 primary and secondary annual PM2.5 NAAQS.

At the request of ION Media Lexington License, Inc. (ION), licensee of television station WUPX-TV, channel 21, Morehead, Kentucky (WUPX), the Commission amends the DTV Table of Allotments to reallot channel 21 from Morehead, Kentucky, to Richmond, Kentucky.

The U.S. Copyright Office is amending its regulations to update the eligibility requirements for its application forms to reflect recent technical updates. The final rule clarifies that the Single Application may be used to register one work that is created and solely owned by one author and is not a work made for hire. It also confirms that this application may be used to register one sound recording and one musical work, literary work, or dramatic work, notwithstanding the fact that a sound recording and the work embodied in that recording are separate works. The final rule further clarifies the eligibility requirements for the Standard Application, which may be used to register certain works that are not eligible for the Single Application. It updates the eligibility requirements for the paper applications of both the Single Application and Standard Application by clarifying that these forms may be certified with a typed, printed, or handwritten signature, and by eliminating the ``short form'' version of these forms. The rule also makes several technical amendments to the regulations governing preregistration, mask works, vessel designs, the unit of publication registration option, and the group registration option for database updates.

The Commission is adopting final rules to address reporting of independent expenditures and electioneering communications that relate to presidential primary elections and that are publicly distributed in multiple states but that do not refer to any particular state's primary election.

The OCC, the Board, and the FDIC (collectively, the Agencies) are amending their Community Reinvestment Act (CRA) regulations to adjust the asset-size thresholds used to define ``small bank'' or ``small savings association'' and ``intermediate small bank'' or ``intermediate small savings association.'' As required by the CRA regulations, the adjustment to the threshold amount is based on the annual percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W).

The Office of the Comptroller of the Currency (OCC) is providing notice of its maximum civil money penalties as adjusted for inflation. The inflation adjustments are required to implement the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

NMFS, upon request from the U.S. Navy (Navy) issues these regulations pursuant to the Marine Mammal Protection Act (MMPA) to govern the taking of marine mammals incidental to the training and testing activities conducted in the Hawaii-Southern California Training and Testing (HSTT) Study Area over the course of five years beginning in December 2018. These regulations, which allow for the issuance of Letters of Authorization (LOA) for the incidental take of marine mammals during the described activities and timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, and establish requirements pertaining to the monitoring and reporting of such taking.