February 2019 – Federal Register Recent Federal Regulation Documents

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 A season allowance of the 2019 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.

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 notification 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.

The Department of Veterans Affairs (VA) is correcting a proposed rule to amend the section of the VA Schedule for Rating Disabilities (VASRD or Rating Schedule) that addresses infectious diseases and immune disorders. This correction addresses minor technical errors in the proposed rule published February 5, 2019.

The Environmental Protection Agency (EPA) is approving portions of a state implementation plan (SIP) revision submitted by California to address Clean Air Act (CAA or ``Act'') requirements for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or ``standards'') in the Los Angeles-South Coast air basin (South Coast) Serious PM2.5 nonattainment area. The EPA is also approving 2017 and 2019 motor vehicle emissions budgets for transportation conformity purposes and inter-pollutant trading ratios for use in transportation conformity analyses.

The Environmental Protection Agency (EPA) is proposing to make a clean data determination (CDD) for the 2006 24-hour fine particulate matter (PM2.5) Provo, Utah (UT) nonattainment area (NAA). The proposed determination is based upon quality-assured, quality- controlled, and certified ambient air monitoring data for the period 2015-2017, available in the EPA's Air Quality System (AQS) database, showing the area has monitored attainment of the 2006 24-hour PM2.5 National Ambient Air Quality Standards (NAAQS). Based on our proposed determination that the Provo, UT NAA is currently attaining the 24-hour PM2.5 NAAQS, the EPA is also proposing to determine that the obligation for Utah to make submissions to meet certain Clean Air Act (CAA or the Act) requirements related to attainment of the NAAQS for this area is not applicable for as long as the area continues to attain the NAAQS.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The revision updates Allegheny County's portion of the Pennsylvania SIP, which includes regulations concerning sulfur content in fuel oil. This revision will implement low sulfur fuel oil provisions that will reduce the amount of sulfur in fuel oils used in combustion units which will aid in reducing sulfates that cause decreased visibility. This revision will strengthen the Pennsylvania SIP. This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Maryland. This revision seeks to remove requirements for gasoline vapor recovery systems installed on gasoline dispensers, the purpose of which are to capture emissions from vehicle refueling operations (otherwise known as Stage II vapor recovery). Specifically, this action would remove from the approved SIP prior approved Stage II requirements applicable to new gasoline dispensing facilities (GDFs) and existing GDF's undergoing major modification. GDF's will have the choice whether to install Stage II at new stations or whether to decommission Stage II at existing stations already equipped with Stage II. Owners that elect to retain existing Stage II equipment can do so, but in doing must continue to test and to maintain or replace existing equipment. Maryland's SIP revision includes a demonstration that removal of Stage II requirements is consistent with the Clean Air Act (CAA) and meets all relevant EPA guidance.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision that would support a change to the Federal Reid Vapor Pressure (RVP) requirements in 13 counties in Atlanta, Georgia. They comprise the following counties: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale (the ``Atlanta fuel volatility Area''). The Atlanta fuel volatility Area is a subset of the Atlanta 15-county 2008 8-hour ozone maintenance area. The 15-county 2008 8-hour ozone maintenance area is comprised of the following counties: Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale (the ``Atlanta maintenance Area''). This proposed approval is based in part on EPA's analysis of whether the SIP revision would interfere with the 15-county Atlanta maintenance Area's ability to meet the requirements of the Clean Air Act (CAA or Act). On August 15, 2018, Georgia through the Georgia Environmental Protection Division (GA EPD), submitted a noninterference demonstration to support its SIP revision requesting that EPA relax the federal RVP requirements for the Atlanta fuel volatility Area. This SIP revision updates Georgia's 2008 8-hour ozone maintenance plan for the 15-county Atlanta maintenance Area and its emissions inventory, the associated motor vehicle emissions budgets (MVEBs) and includes measures to offset the emissions increases expected from the relaxation of the federal RVP requirements. Georgia's noninterference demonstration concludes that relaxing the federal RVP requirement from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline sold between June 1 and September 15 of each year in the Atlanta fuel volatility Area would not interfere with attainment or maintenance of any national ambient air quality standards (NAAQS or standards) or with any other CAA requirement. EPA is proposing to approve this SIP revision because EPA has preliminarily determined that the revision is consistent with the applicable provisions of the CAA.

The Environmental Protection Agency (EPA) is taking final action to approve portions of three state implementation plan (SIP) revisions submitted by the State of California to meet Clean Air Act (CAA or ``the Act'') requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS or ``standards'') in the San Joaquin Valley, California ozone nonattainment area. First, the EPA is approving the portions of the ``2016 Ozone Plan for the 2008 8-Hour Ozone Standard'' (``2016 Ozone Plan'') that address the requirements to demonstrate attainment by the applicable attainment date and implementation of reasonably available control measures, among other requirements. Second, the EPA is approving the portions of the ``Revised Proposed 2016 State Strategy for the State Implementation Plan'' (``2016 State Strategy'') related to the ozone control strategy for the San Joaquin Valley for the 2008 ozone standards, including a specific aggregate emissions reduction commitment. Lastly, the EPA is approving an air district rule addressing the emission statement requirement for ozone nonattainment areas.

The Commodity Futures Trading Commission (``Commission'') is extending the comment period for a request for public comment regarding the practice of ``post-trade name give-up'' on swap execution facilities (the ``Name Give-Up Request for Comment'') that published November 30, 2018 in the Federal Register.

This document provides the reasons for EPA's response to a September 27, 2018, petition it received under the Toxic Substances Control Act (TSCA) from the following organizations: Asbestos Disease Awareness Organization, American Public Health Association, Center for Environmental Health, Environmental Working Group, Environmental Health Strategy Center, and Safer Chemicals Healthy Families (``petitioners''). Generally, the petitioners requested that EPA make multiple amendments to the Chemical Data Reporting (CDR) rule under TSCA by January 1, 2019, in order to increase the reporting of asbestos. After careful consideration, EPA denied the petition for the reasons discussed in this document.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD was prompted by a report of cracks in a certain body station (STA) frame web and doubler at fastener holes common to the stop fitting at a certain stringer. This AD requires repetitive surface high frequency eddy current (HFEC) inspections for cracking of the frame web and doubler at the stop fitting at a certain stringer, and applicable on-condition actions. We are issuing this AD to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) is finalizing certain revisions to the National Pollutant Discharge Elimination System permitting regulations proposed on May 18, 2016. The final regulatory changes are minor and will improve and clarify the regulations in the following major categories: Regulatory definitions (``new discharger'' and two definitions related to the discharge of pesticides from pesticides application); permit applications; and public notice. This final rule also updates the EPA contact information and web addresses for electronic databases, updates outdated references to best management practices guidance documents, and deletes a provision relating to best practicable waste treatment technology for publicly owned treatment works that is no longer applicable. The final revisions modernize the NPDES regulations, promote submission of complete permit applications, and clarify regulatory requirements to allow more timely development of NPDES permits that protect human health and the environment.

The FAA proposes to revise the procedural rules governing Federal Aviation Administration investigations and enforcement actions. The proposed revisions include updates to statutory and regulatory references, updates to agency organizational structure, elimination of inconsistencies, clarification of ambiguity, increases in efficiency, and improved readability.

This rule amends regulations that provide civil penalties for misuse of Department of the Treasury names, symbols, etc. 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. In particular, this rule adjusts for inflation the maximum amount of the civil monetary penalties that may be assessed under its regulations, and updates the inflation adjustments through 2018 in accordance with instructions from the Office of Management and Budget. In addition, the regulation is amended to reflect changes in Treasury organizational structure.

The Commodity Futures Trading Commission (Commission) is amending its rules governing the maximum amount of civil monetary penalties to adjust for inflation. This rule sets forth the maximum, inflation-adjusted dollar amount for civil monetary penalties (CMPs) assessable for violations of the Commodity Exchange Act (CEA) and Commission rules, regulations and orders thereunder. The rule, as amended, implements the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended.

The U.S. Consumer Product Safety Commission (CPSC) will hold a public hearing to receive information from interested parties about possible changes to CPSC's Publicly Available Consumer Product Safety Information Database, www.SaferProducts.gov, to improve the website's usefulness and ease of use. CPSC also requests written comments.

The U.S. Nuclear Regulatory Commission (NRC) will consider in its rulemaking process one issue raised in a petition for rulemaking (PRM), PRM-34-7, submitted by the American Society for Nondestructive Testing (ASNT) and the Nondestructive Testing Management Association (NDTMA), and is denying one aspect of PRM-34-7. The petitioners request that the NRC amend its regulations to authorize the use of ``improved'' individual monitoring devices for industrial radiographic personnel.

This final rule removes the Department of the Navy (DON) regulation regarding contract administration. This rule contains DON supplemental guidance to the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) which has been superseded by existing FAR and DFARS guidance. The rule is no longer used or valid and should be removed.

In this final rule, NESDIS establishes a new schedule of fees for special access to NOAA data, information, and related products and services. NOAA continues to make its environmental data available to the public without any fee in most instances, primarily via NOAA's Comprehensive Large Array-Data Stewardship System (CLASS). NESDIS is revising the fee schedule that has been in effect since 2015 to ensure that the fees accurately reflect the costs of providing access to the environmental data, information, and related products and services. NESDIS is authorized under 15 U.S.C. 1534 to assess fees, up to fair market value, depending upon the user and intended use, for access to environmental data, information, and products derived from, collected, and/or archived by NOAA.

The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of March 4, 2019, for the direct final rule that was published in the Federal Register on December 19, 2018. This direct final rule revised the fees charged for search and review of agency records by NRC personnel in response to certain Freedom of Information Act requests.

This action modifies 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. This action is due to the decommissioning of the Lawrenceville VHF omnidirectional range (VOR) navigation aid, which provided navigation information for the instrument procedures at this airport, 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 this airport.

This action modifies Class D airspace and Class E airspace extending upward from 700 feet above the surface at Lawrence J. Timmerman Airport, Milwaukee, WI, due to the decommissioning of the Timmerman VHF omnidirectional range (VOR) navigation aid, which provided navigation information for the instrument procedures at this airport, as part of the VOR Minimum Operational Network (MON) Program. This action would also replace the outdated term ``Airport/Facility Directory'' with ``Chart Supplement.'' Airspace redesign is necessary for the safety and management of instrument flight rules (IFR) operations at this airport.

We propose to adopt a new airworthiness directive (AD) for certain Viking Air Limited Models DHC-2 Mk. I and DHC-2 Mk. III airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated 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 cracks reported on the forward and aft float strut wire pull fittings. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

This final rule amends this part by removing the portion which addresses the Department of the Air Force Civil Disturbance Intervention and Disaster Assistance. The current version of this rule was published March 26, 2002. This rule provides internal guidance for the use of Air Force resources and personnel in controlling civil disturbances and in supporting disaster relief operations. Subpart B is unnecessary as it restates existing statute, and there exists DoD-level policy for the execution and oversight of Defense Support of Civil Authorities (DSCA). The Air Force also has internal procedures and standards for the DSCA mission and operations. Therefore, this part can be removed from the CFR.