2018 – Federal Register Recent Federal Regulation Documents

In this document, the Federal Communications Commission (``Commission'' or ``FCC'') issues guidance and adopts rules to streamline the wireless infrastructure siting review process to facilitate the deployment of next-generation wireless facilities. Specifically, in the Declaratory Ruling, the Commission identifies specific fee levels for the deployment of Small Wireless Facilities, and it addresses state and local consideration of aesthetic concerns that effect the deployment of Small Wireless Facilities. In the Order, the Commission addresses the ``shot clocks'' governing the review of wireless infrastructure deployments and establishes two new shot clocks for Small Wireless Facilities.

This action establishes Class D airspace, Class E surface airspace, and amends Class E airspace extending upward from 700 feet above the surface at Austin Executive Airport, Austin, TX. The FAA conducted an airspace review and determined that airspace redesign is necessary due to the establishment of an air traffic control tower at the airport. Also, an editorial change is made removing the city associated with the airport names in the exiting Class E airspace. This action enhances the safety and management of instrument flight rules (IFR) operations at these airports. Additionally, exclusionary language is added, which was inadvertently left out of the Class D airspace description, and the geographic coordinates are corrected for Lago Vista-Rusty Allen Airport.

This action proposes to amend Class E airspace extending upward from 700 feet above the surface at George L. Scott Municipal Airport, West Union, IA, by updating the geographic coordinates of the airport to coincide with the FAA's aeronautical database. The FAA is proposing this action due to an airspace review caused by the decommissioning of the Waukon VHF omnidirectional range (VOR), which provided navigation information to the instrument procedures at this airport, as part of the VOR Minimum Operational Network (MON) Program.

This action proposes to amend Class E airspace extending upward from 700 feet above the surface at Lawrenceville-Vincennes International Airport, Lawrenceville, IL, and Mount Carmel Municipal Airport, Mount Carmel, IL. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the Lawrenceville VHF omnidirectional range (VOR) navigation aid, which provided navigation information for the instrument procedures at these airports, as part of the VOR Minimum Operational Network (MON) Program. Airspace redesign is necessary for the safety and management of instrument flight rules (IFR) operations at these airports.

This notice of proposed rulemaking proposes to streamline IRS regulations by removing regulations that are no longer necessary after the enactment of recent tax legislation. Specifically, these regulations would remove existing regulations regarding advance payments for goods and long-term contracts. The regulations would affect accrual method taxpayers who receive advance payments for goods, including those for inventoriable goods.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A330-200, A330-300, A340-200, and A340-300 series airplanes. This proposed AD was prompted by a report that revealed the wheel axles of the main landing gear (MLG) were machined with a radius as small as 0.4 millimeters and a determination that the life limit for the affected wheel axles of the MLG must be reduced. This proposed AD would require an inspection to determine the part number and serial number of each MLG wheel axle and replacement of affected parts prior to exceeding the reduced life limits. We are proposing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This AD was prompted by significant changes made to the airworthiness limitations (AWL) related to fuel tank ignition prevention and the nitrogen generation system. This AD requires revision of the maintenance or inspection program, as applicable, to include the latest revision of the AWLs. We are issuing this AD to address the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 757 airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the inner skin at the lower fastener row is subject to widespread fatigue damage (WFD). This proposed AD would require a general visual inspection of certain lap splice inspection areas for any repair common to the fuselage skin lap splice inspection areas, repetitive dual frequency eddy current (DFEC) inspections of a certain lap splice inner skin for any crack, and applicable on-condition actions. We are proposing this AD to address the unsafe condition on these products.

This action proposes reconsideration amendments to the new source performance standards (NSPS) at 40 Code of Federal Regulations (CFR) part 60, subpart OOOOa (2016 NSPS OOOOa). The Environmental Protection Agency (EPA) received petitions for reconsideration on the 2016 NSPS OOOOa. In 2017, the EPA granted reconsideration on the fugitive emissions requirements, well site pneumatic pump standards, and the requirements for certification of closed vent systems by a professional engineer based on specific objections to these requirements. This action proposes amendments and clarifications as a result of reconsideration of these issues. The proposed amendments also address other issues raised for reconsideration and make technical corrections and amendments to further clarify the rule.

These special conditions are issued for the BHTI Model 525 helicopter. This helicopter will have a novel or unusual design feature associated with the fly-by-wire flight control system (FBW FCS) in the area of pilot awareness of the control margins remaining while maneuvering the helicopter. 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.

The Coast Guard will enforce a safety zone for the navigable waters of the Mississippi River between mile marker (MM) 94 and (MM) 97, above Head of Passes on November 30, 2018, to provide for the safety of persons, vessels, and the marine environment on navigable waterways during a fireworks display.

The Bureau of Consumer Financial Protection (Bureau) is proposing to amend its rule adjusting for inflation the maximum amount of each civil penalty within the Bureau's jurisdiction pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The Bureau is proposing an amendment to specify that the adjusted civil monetary penalties only apply to assessments whose associated violations occurred on, or after, November 2, 2015 (the date the 2015 Inflation Adjustment Act amendments were signed into law). The Bureau requests public comment on all aspects of this proposal.

The Environmental Protection Agency (EPA) is announcing the Agency's approval of alternative testing methods for use in measuring the levels of contaminants in drinking water and determining compliance with national primary drinking water regulations. The Safe Drinking Water Act authorizes the EPA to approve the use of alternative testing methods through publication in the Federal Register. The EPA is using this authority to make 100 additional methods available for analyzing drinking water samples. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection.

This document proposes amendments to Federal Motor Vehicle Safety Standard (``FMVSS'') No. 108; Lamps, reflective devices, and associated equipment, to permit the certification of adaptive driving beam headlighting systems, if the manufacturer chooses to equip vehicles with these systems. Toyota Motor North America, Inc. (Toyota) petitioned NHTSA for rulemaking to amend FMVSS No. 108 to permit manufacturers the option of equipping vehicles with adaptive driving beam systems. NHTSA has granted Toyota's petition and proposes to establish appropriate performance requirements to ensure the safe introduction of adaptive driving beam headlighting systems if equipped on newly manufactured vehicles.

This action incorporates this amendment into FAA Order 7400.11C for a final rule published in the Federal Register of August 16, 2018, for the above titled, Amendment of Chicago Class B and Chicago Class C Airspace; Chicago, IL.

This interim rule sets forth the scope of, and procedures for, a pilot program of the Committee on Foreign Investment in the United States (CFIUS, or the Committee) under section 721 of the Defense Production Act of 1950, as amended by the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). Pursuant to section 1727(c) of FIRRMA, this pilot program implements the authorities provided in two sections of FIRRMA that did not take effect upon the statute's enactment. First, the pilot program expands the scope of transactions subject to review by CFIUS to include certain investments involving foreign persons and critical technologies. Second, the pilot program makes effective FIRRMA's mandatory declarations provision for all transactions that fall within the specific scope of the pilot program. The pilot program is temporary and will end no later than March 5, 2020.

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Tennessee River from mile marker 300 to mile marker 302. This safety zone is necessary to protect persons, property, and the marine environment from potential hazards associated with the underwater survey of several transmission lines. Entry of vessels or persons into this zone is prohibited unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative.

NMFS implements accountability measures (AMs) for the gray triggerfish commercial sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through this temporary rule. NMFS projects that 2018 commercial landings for gray triggerfish will reach the commercial annual catch target (ACT) (commercial quota) by October 7, 2018. Therefore, NMFS is closing the commercial sector for Gulf gray triggerfish on October 7, 2018, and it will remain closed through the end of the fishing year on December 31, 2018. This closure is necessary to protect the Gulf gray triggerfish resource.

The U.S. Nuclear Regulatory Commission (NRC) has issued a standard design approval (SDA) to Korea Electric Power Corporation and Korea Hydro & Nuclear Power Co., Ltd (KEPCO/KHNP) for the advanced power reactor 1400 (APR1400) standard design. The SDA allows the APR1400 standard design to be referenced in an application for a construction permit or operating license, or an application for a combined license or manufacturing license under its regulations.

Pursuant to the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2018 and the Magnuson-Stevens Fishery Conservation and Management Act (MSA), NMFS is proposing a Traceability Information Program for Seafood to establish registration, reporting and recordkeeping requirements for U.S. aquaculture producers of shrimp and abalone, two species subject to the Seafood Traceability Program, also known as the Seafood Import Monitoring Program (SIMP). This proposed rule, if finalized, would provide traceability for these species from the point of production to entry into U.S. commerce. Collection of traceability information for U.S. aquacultured shrimp and abalone will be accomplished by electronic submission of data to NMFS. This rule would require owners or operators of U.S. inland, coastal and marine commercial aquaculture facilities (``producers'') to report information about production and entry into U.S. commerce of shrimp and abalone products. In addition, this rule would require producers to register with NMFS and retain records pertaining to the production of shrimp and abalone and entry of those products into U.S. commerce. This proposed rule serves as a domestic counterpart to the shrimp and abalone import requirements under SIMP, and will help NMFS verify that U.S. aquacultured shrimp and abalone were lawfully produced by providing information to trace each production event(s) to entry of the fish or fish products into U.S. commerce. The rule will also decrease the incidence of seafood fraud by requiring the reporting of this information to the U.S. Government at the point of entry into U.S. commerce so that the information reported (e.g., regarding species and harvest location) can be verified.

The Coast Guard is establishing a temporary safety zone for all navigable waters within 500 yards of the McKinley Highway and Railroad Bridge located on the Upper Mississippi River at mile marker (MM) 182.5. The safety zone is needed to protect persons, vessels, and the marine environment from potential hazards created by the installation of electrical lines across the river. Entry of persons or vessels into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative.

The Environmental Protection Agency (EPA) is approving Ohio's revisions to its State Implementation Plan (SIP) for sulfur dioxide (SO2) under the Clean Air Act (CAA). These revisions update facility information statewide and add new emission limits for selected sources in Lake and Jefferson Counties. EPA proposed to approve Ohio's SIP revision request on August 16, 2018. The revised regulations do not impose additional emission restrictions except for certain site- specific provisions which have been included in response to Ohio's nonattainment area designations of August 5, 2013. EPA received no adverse comments and is finalizing the approval.

The Department of Health and Human Services is updating its regulations to reflect required annual inflation-related increases to the civil monetary penalties in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Wyoming on April 5, 2018, addressing regional haze. The revisions modify the sulfur dioxide (SO2) emissions reporting requirements for Laramie River Station Units 1 and 2. We are also proposing to revise the nitrogen oxides (NOX) best available retrofit technology (BART) emission limits for Laramie River Units 1-3 in the Federal Implementation Plan (FIP) for regional haze in Wyoming. The proposed revisions to the Wyoming regional haze FIP would also establish a SO2 emission limit averaged annually across both Laramie River Station Units 1 and 2. The EPA is proposing this action pursuant to section 110 of the Clean Air Act (CAA).

The Federal Crop Insurance Corporation (FCIC) finalizes the General Administrative Regulations; Subpart LReinsurance Agreement Standards for Approval; Regulations for the 2019 and Subsequent Reinsurance Years. The intended effect of this action is to clarify and improve Subpart L to better align with the existing Standard Reinsurance Agreement (SRA) and Livestock Price Reinsurance Agreement (LPRA) and to eliminate language that is no longer relevant.