February 2019 – Federal Register Recent Federal Regulation Documents

This action implements an in-season adjustment to the Atlantic herring specifications and sub-annual catch limits for 2019. These adjustments are necessary to reduce 2018 herring catch limits that would otherwise remain in effect for 2019. This action is expected to prevent overfishing of the herring resource and lower the risk of the stock becoming overfished.

This final rule responds to comments received on the interim final rule published September 30, 2016, and makes minor clarifications to the Federal implementing regulations for the Section 154 (Open Container) and Section 164 (Repeat Intoxicated Driver) programs.

The Coast Guard is establishing a temporary safety zone on the waters of the Delaware River between Marcus Hook Range and Tinicum Range. The safety zone will temporarily restrict vessel traffic from transiting or anchoring in portions of the Delaware River while rock blasting, dredging, and rock removal operations are being conducted to facilitate the Main Channel Deepening project for the Delaware River. The safety zone is needed to protect personnel, vessels, and the marine environment from hazards created by rock blasting, dredging, and rock removal operations. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the COTP or his designated representatives.

The Coast Guard is withdrawing its notice of proposed rulemaking entitled ``Marine Transportation-Related Facility Response Plans for Hazardous Substances'' that we published on March 31, 2000. The Coast Guard is withdrawing this rulemaking based on findings that the proposed rules are no longer appropriate to the current state of spill response in the chemical industry.

The Coast Guard is issuing a temporary deviation to the operating schedule that regulates the State Route 605 (SR 605), Wilkes Road bascule bridge across the Industrial Seaway Canal, mile 11.3 at Hansboro, Harrison County, Mississippi. This deviation is needed to collect and analyze information on vehicle traffic congestion on SR 605 created when the drawbridge opens to vessel traffic. This deviation allows the bridge to remain closed to navigation. The Coast Guard is seeking comments from the public about the impact to both vehicle and vessel traffic generated by this change.

We propose to adopt a new airworthiness directive (AD) for certain Viking Air Limited Model CL-215-6B11 (CL-215T Variant) and CL- 215-6B11 (CL-415 Variant) airplanes. This proposed AD was prompted by a report that a supplier fabricated Teflon parts with a charge of 15 percent fiberglass content instead of the specified 5 percent fiberglass content. This proposed AD would require repetitive detailed visual inspections of the aileron control system cables and flap interconnect system cables for damage or disconnected cables, corrective actions if necessary, and replacement of the Teflon parts in the aileron control systems, aileron/rudder interconnect, and aileron power unit beam. The replacement of these parts would terminate the repetitive inspections. We are proposing this AD to address the unsafe condition on these products.

This action amends Class E airspace extending upward from 700 feet above the surface at Newton Field, Jackman, ME, to accommodate new area navigation (RNAV) global positioning system (GPS) standard instrument approach procedures serving the airport. Also, this action removes duplicative Class E airspace for Newton Field, ME. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at this airport. This action also updates the geographic coordinates of this airport to be in concert with the FAA's aeronautical database.

This final rule reclassifies certain management unit species in the Pacific Islands as ecosystem component species. The rule also updates the scientific and local names of certain species. The intent of this final rule is to prioritize conservation and management efforts and to improve efficiency of fishery management in the region.

NMFS is reallocating the projected unused amounts of the Community Development Quota (CDQ) pollock directed fishing allowances (DFA) from the Aleutian Islands subarea to the Bering Sea subarea directed fishery. This action is necessary to provide opportunity for harvest of the 2019 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI).

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

We are adopting a new airworthiness directive (AD) for certain International Aero Engines (IAE) PW1100G-JM turbofan engine models with certain low-pressure turbine (LPT) 1st- and 3rd-stage disks installed. This AD was prompted by a report of manufacturing defects found on delivered LPT 1st- and 3rd-stage disks. This AD requires removing the LPT 1st- or 3rd-stage disk from service and replacing with a part eligible for installation. We are issuing this AD to address the unsafe condition on these products.

This document contains final regulations concerning the deduction for qualified business income under section 199A of the Internal Revenue Code (Code). The regulations will affect individuals, partnerships, S corporations, trusts, and estates engaged in domestic trades or businesses. The regulations also contain an anti-avoidance rule under section 643 of the Code to treat multiple trusts as a single trust in certain cases, which will affect trusts, their grantors, and beneficiaries. This document also requests additional comments on certain aspects of the deduction.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model DHC-8-102, -103, and -106 airplanes; Model DHC- 8-200 series airplanes; and Model DHC-8-300 series airplanes. This AD was prompted by a report that a certain modification to the auto relight system is incompatible with a certain beta lockout system modification and could result in de-activation of the auto ignition feature of the No. 2 engine. This AD requires an inspection of the auto ignition system and applicable rectification. We are issuing this AD to address the unsafe condition on these products.

This action finalizes the residual risk and technology review (RTR) conducted for the Friction Materials Manufacturing Facilities source category regulated under national emission standards for hazardous air pollutants (NESHAP). In addition, we are taking final action addressing periods of startup, shutdown, and malfunction (SSM). We are finalizing our proposed determination that the risks from the category are acceptable and that the current NESHAP provides an ample margin of safety to protect public health. We identified no new cost- effective controls under the technology review to achieve further emissions reductions. These final amendments include amendments to revise reporting requirements for deviations. These amendments are made under the authority of the Clean Air Act (CAA) and will improve the effectiveness of the rule. The amendments are environmentally neutral.

In this supplemental notice of proposed rulemaking (SNPRM), the Environmental Protection Agency (EPA) is supplementing our proposed approval document, concerning the 2010 Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard (NAAQS) Nonattainment Area State Implementation Plan (SIP) revision for St. Bernard Parish. The EPA is also reopening the public comment period.

The Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC) are inviting public comment on a notice of proposed rulemaking (proposal) that would provide for a simple measure of capital adequacy for certain community banking organizations, consistent with section 201 of the Economic Growth, Regulatory Relief, and Consumer Protection Act. Under the proposal, most depository institutions and depository institution holding companies that have less than $10 billion in total consolidated assets, that meet risk-based qualifying criteria, and that have a community bank leverage ratio (as defined in the proposal) of greater than 9 percent would be eligible to opt into a community bank leverage ratio framework. Such banking organizations that elect to use the community bank leverage ratio and that maintain a community bank leverage ratio of greater than 9 percent would not be subject to other risk-based and leverage capital requirements and would be considered to have met the well capitalized ratio requirements for purposes of section 38 of the Federal Deposit Insurance Act and regulations implementing that section, as applicable, and the generally applicable capital requirements under the agencies' capital rule.

On December 11, 2018, the Environmental Protection Agency and the U.S. Department of the Army (the agencies) signed a proposed rule revising the definition of ``waters of the United States'' to clarify the scope of waters federally regulated under the Clean Water Act. The agencies are announcing that a public hearing will be held in Kansas City, Kansas on February 27 and 28, 2019, to provide interested parties the opportunity to present data, views, or information concerning the proposed rule. The pre-publication version of this proposal can be found at https://www.epa.gov/wotus-rule/step-two-revise.

A Petition for Reconsideration (Petition) has been filed in the Commission's proceeding by Alan S. Tilles, on behalf of The City of New Orleans, Louisiana; Virginia Municipal League; Kentucky League of Cities; Mississippi Municipal League; Pennsylvania Municipal League; Alabama League of Municipalities; Arkansas Municipal League; Nevada League of Cities and Municipalities; Town of Middleburg, Virginia; Jefferson Parish, Louisiana; and Government Wireless Technology & Communications Association.

On September 16, 2016, the Coast Guard published a notice of proposed rulemaking (NPRM) to establish security zones on the navigable waters of the Seventh Coast Guard District to allow the Coast Guard to restrict vessels from entering or transiting certain waters. The Coast Guard proposes amendments to its regulation by modifying the security zones in the Port of Palm Beach, Port Everglades, Port of Miami, and Port of Key West, Florida and updating definitions throughout the regulation. This action is necessary for clarification of terms and geographic application of security zones in Sector Key West and Sector Miami ports allowing for more effective implementation of these regulations to protect the public and ports from potential subversive acts. We invite your comments on this proposed rulemaking.

The Commission is publishing its adjustments to inflation annually, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act). The 2015 Act requires that agencies adjust and publish their civil penalties by January 15 each year.

On December 6, 2018, the Environmental Protection Agency (EPA) proposed a rule titled ``Review of Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units.'' The EPA is extending the public comment period from February 19, 2019, until March 18, 2019, which is consistent with the requirement to keep the record open for at least 30 days after the public hearing, which is scheduled for February 14, 2019, in Washington, DC. Information about the public hearing was posted online on January 30, 2019, and can be found at https://www.epa.gov/stationary-sources-air-pollution/proposal -nsps-ghg- emissions-new-modified-and-reconstructed-egus.

In this final action, EPA is amending its reformulated gasoline regulations to reflect that Boone, Campbell, and Kenton counties in Kentucky (the Northern Kentucky Area), which are part of the Cincinnati-Hamilton, Ohio-Kentucky-Indiana ozone area, are no longer federal reformulated gasoline (RFG) covered areas as of July 1, 2018. As described in a separate document published on May 16, 2018, pursuant to EPA's regulations, EPA approved an April 18, 2017 petition from the state of Kentucky to opt-out of the federal RFG program and removed the requirement to sell federal RFG in the Northern Kentucky Area as of July 1, 2018. This effective date applies to retailers, wholesale purchaser-consumers, refiners, importers, and distributors. This rulemaking merely conforms the list of RFG covered areas in the regulations to reflect the effective date of the opt-out for the Northern Kentucky Area.

This regulation establishes an exemption from the requirement of a tolerance for residues of glycine betaine (CAS Reg. No. 107-43-7) when used as an inert ingredient (plant nutrient) in pesticide formulations applied to growing crops only. SciReg, Inc., on behalf of Fine Agrochemicals Ltd, 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 glycine betaine.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD was prompted by reports of warpage of internal engine fire handle components, which can cause binding and prevent proper operation. We are issuing this AD to address the unsafe condition on these products.

On July 3, 2014, the U.S. Department of Energy (``DOE'') published a final rule adopting new energy conservation standards for residential furnace fans (hereafter the ``July 2014 final rule''). This correction addresses typographical errors that appear in both the preamble of the July 2014 final rule and regulatory text in the Code of Federal Regulations (``CFR''). In certain locations (primarily table headings), the units for fan energy rating (``FER'') were inadvertently listed as ``Watts/cfm.'' This document corrects the units designation to ``Watts/1000 cfm.'' Neither the error nor the corrections in this document affect the substance of the energy conservation standards rulemaking or any conclusions reached in support of the final rule.