February 2019 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) submission from the State of Hawaii regarding certain Clean Air Act (CAA or ``Act'') requirements related to the interstate transport for the 2008 ozone national ambient air quality standards (NAAQS). The interstate transport requirements consist of several elements; this proposal pertains only to provisions prohibiting any source or other type of emissions activity in one state from emitting any air pollutant in amounts that will contribute significantly to nonattainment and interference with maintenance of the 2008 ozone NAAQS in other states. We are taking comments on this proposal and plan to follow with a final action.

At the request of ION Media License Company, LLC. (ION), licensee of television station WPXH-TV, channel 45, Gadsden, Alabama (WPXH), the Commission is proposing to amend the DTV Table of Allotments by changing WPXH's community of license from Gadsden to Hoover, Alabama. ION asserts that the proposed reallotment is consistent with the Commission's second allotment priority by providing Hoover with its first local transmission service. ION also asserts that the proposed reallotment will not deprive Gadsden of its sole broadcast station because it will continue to be served by station WPXH-TV, licensed to Trinity Christian Center of Santa Ana, Inc. on channel 26 at Gadsden.

The Food and Drug Administration (FDA or Agency) is amending its regulations to reflect a change of address for the Center for Drug Evaluation and Research's (CDER's) Office of Generic Drugs (OGD) Document Room from Rockville, MD, to Beltsville, MD. This action is being taken to ensure accuracy and clarity in the Agency's regulations.

This final rule removes DoD's regulation which provides internal processes and accounting information in order to provide subsistence and commutation instead of uniforms to members of Senior Reserve Officers' Training Corps (ROTC) programs located at eligible colleges and universities. Examples of eligible colleges and universities include The Citadel and Virginia Military Institute where students wear a uniform prescribed by the institution instead of Service-specific uniforms.

The Board is adopting amendments to its policy statement on the scenario design framework for stress testing. As revised, the policy statement clarifies that the Board may adopt a change in the unemployment rate in the severely adverse scenario of less than 4 percentage points under certain economic conditions and institutes a guide that limits procyclicality in the stress test for the change in the house price index in the severely adverse scenario.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Western 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 trawl catcher vessels in the Western Regulatory Area of the GOA.

The FAA is withdrawing a notice of proposed rulemaking (NPRM) that proposed to adopt a new airworthiness directive (AD) that would have applied to certain Mitsubishi Heavy Industries, Ltd. Models MU-2B- 10, MU-2B-15, MU-2B-20, MU-2B-25, MU-2B-26, MU-2B-26A, MU-2B-30, MU-2B- 35, MU-2B-36, MU-2B-36A, MU-2B-40, and MU-2B-60 airplanes. The NPRM resulted 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 and would have required repetitively inspecting the wing spacer plates for cracks until they were replaced with an improved design wing spacer plates. Since issuance of the NPRM, we determined that damage is contained to the wing spacer plate with no evidence that primary structure is affected. Accordingly, the NPRM is withdrawn.

This action proposes to modify Class E airspace extending upward from 700 feet above the surface at Brady, Curtis Field, Brady, TX. This action is necessary due to the decommissioning of the Brady non-directional radio beacon (NDB), and cancellation of the NDB approach. It would enhance the safety and management of standard instrument approach procedures for instrument flight rules (IFR) operations at this airport. Additionally, the geographic coordinates are being updated to coincide with the FAA's aeronautical database.

This action proposes to amend the Class E surface area and Class E airspace extending upward from 700 feet above the surface at Mount Vernon Airport, Mount Vernon, IL. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the Mount Vernon 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. The geographic coordinates and name of the airport would also be updated to coincide with the FAA's aeronautical database. Airspace redesign is necessary for the safety and management of instrument flight rules (IFR) operations at this airport.

In this document, the Commission's Notice of Proposed Rulemaking (NPRM) initiates the 2018 quadrennial review of its media ownership rules, launched pursuant to a requirement of the Telecommunications Act of 1996 (1996 Act) that the Commission review its media ownership rules every four years to determine whether they remain ``necessary in the public interest as the result of competition'' and to ``repeal or modify any determine[d] to be no longer in the public interest.'' The three rules currently subject to review are the Local Radio Ownership Rule, the Local Television Ownership Rule, and the Dual Network Rule. The NPRM seeks comment on whether, given the current state of the media marketplace, the Commission should retain, modify, or eliminate any of these rules. The NPRM also seeks comment on several proposals offered as potential pro- diversity initiatives.

We are proposing a new rule under the Securities Act of 1933 that would permit issuers to engage in oral or written communications with potential investors that are, or are reasonably believed to be, qualified institutional buyers or institutional accredited investors, either prior to or following the filing of a registration statement, to determine whether such investors might have an interest in a contemplated registered securities offering. If adopted the rule would extend such accommodation currently available to emerging growth companies to all issuers.

This action finalizes the residual risk and technology review (RTR) conducted for the Wet-Formed Fiberglass Mat Production source category regulated under national emission standards for hazardous air pollutants (NESHAP). In addition, we are taking final action addressing startup, shutdown, and malfunction (SSM), electronic reporting, and clarification of rule provisions. These final amendments address emissions during periods of SSM; add electronic reporting; revise certain monitoring, recordkeeping, and reporting requirements; and include other miscellaneous technical and editorial changes. These final amendments will result in improved compliance and implementation of the rule.

This regulation establishes tolerances for residues of abamectin in or on bananas and tea. Syngenta Crop Protection, LLC, requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Operating Permits Program (OPP) for the State of Kansas. This final action will amend the Kansas rules to reorganize, clarify, and update the Class I emission fee, application fee, and emissions inventory regulations and ensure that Kansas's OPP is adequately funded. Approval of these revisions ensures consistency between the State and federally-approved rules and does not impact air quality.

This rule adopts revisions to the Department's regulations under the Freedom of Information Act (FOIA). The regulations are being revised to update and streamline procedures and incorporate certain changes brought about by the amendments to the FOIA under the OPEN Government Act of 2007 and the FOIA Improvement Act of 2016. Additionally, the regulations are being updated to reflect developments in the case law and to include current cost figures to be used in calculating and charging fees. This final rule follows publication of a proposed rule on October 26, 2018; it adopts the proposal without substantive change, although certain sections have been renumbered and reorganized.

We are adopting a new airworthiness directive (AD) for certain Airbus SAS Model A330-201, -202, and -203 airplanes, and Model A330- 301, -302, and -303 airplanes. This AD was prompted by reports of damaged drain pipes located above the lower aft pylon fairing (LAPF), caused by a contact between the drain pipe and the two u-shape ribs of the LAPF. This AD requires a special detailed inspection for damage, and corrective actions if necessary. We are issuing this AD to address the unsafe condition on these products.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving revisions to New Mexico's State Implementation Plan (SIP) that incorporate updates to the New Mexico statutes. EPA is also correcting its previous approval of some statute provisions as approval of these provisions into the SIP was in error.

NMFS' Office of Protected Resources has received a request from NMFS' Southeast Fisheries Science Center (SEFSC) for authorization to take marine mammals incidental to fisheries research conducted in the Atlantic Ocean along the southeastern U.S. coast and select estuaries, the Gulf of Mexico and select estuaries, and the Caribbean Sea over the course of five years from the date of issuance. We have also received a request from the Texas Parks and Wildlife Department (TPWD) for authorization to take marine mammals incidental to fisheries research in Texas bay systems. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue regulations to the SEFSC and, separately, TPWD, to incidentally take marine mammals during the specified activities. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision.

This document contains final regulations that amend the compliance monitoring regulations concerning the low-income housing credit under section 42 of the Internal Revenue Code (Code). These final regulations revise and clarify the requirement to conduct physical inspections and review low-income certifications and other documentation. The final regulations will affect owners of low-income housing projects that claim the credit, the tenants in those low-income housing projects, and the State and local housing credit agencies that administer the credit.

This regulation establishes an exemption from the requirement of a tolerance for residues of waxes and waxy substances, rice bran, oxidized when used as an inert ingredient in pesticide formulations applied to growing crops and raw agricultural commodities after harvest, on animals, and in antimicrobial formulations (food-contact surface sanitizing solutions). Spring Trading Company, on behalf of Clariant Corporation, 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 waxes and waxy substances, rice bran, oxidized in accordance with the terms of the exemptions.

In this document, the Federal Communications Commission (FCC or Commission) adopted a change to a rule to incorporate a statutory update to the authorities of the FCC's Chief Information Officer (CIO) into the FCC's organizational rules. The purpose of this rule change is to demonstrate the FCC's commitment to ensuring that the FCC's CIO has a significant role in advancing the Commission's overall information technology capabilities.

The U.S. Department of Energy (``DOE'') is initiating a data collection process through this request for information (``RFI'') to consider whether to amend DOE's test procedure for direct heating equipment. To inform interested parties and to facilitate this process, DOE has gathered data, identifying several issues associated with the currently applicable test procedures on which DOE is interested in receiving comment. The issues outlined in this document mainly concern the evaluation of additional calculations relevant to the unvented direct heating equipment test procedure, updates to applicable industry standards incorporated by reference in the vented direct heating equipment test procedure, and any additional topics that may inform DOE's decisions in a future test procedure rulemaking, including methods to reduce regulatory burden while ensuring the procedure's accuracy. DOE welcomes written comments from the public on any subject within the scope of this document (including topics not raised in this RFI).

The Coast Guard will enforce a safety zone for a fireworks display located between mile marker (MM) 93 and MM 96, above Head of Passes, Mississippi River. This action is needed to provide for the safety of life on navigable waterways during the Riverwalk Marketplace/ Lundi Gras Fireworks event.

We, the U.S. Fish and Wildlife Service (Service), determine the northern subspecies of scarlet macaw (Ara macao cyanoptera) is an endangered species under the Endangered Species Act of 1973 (Act), as amended; the northern distinct population segment (DPS) of the southern subspecies of scarlet macaw (A. m. macao) is a threatened species under the Act, and the southern DPS of the southern subspecies of scarlet macaw (A. m. macao) and subspecies crosses (A. m. cyanoptera and A. m. macao) to be threatened species based on similarity of appearance. We are also establishing a rule pursuant to section 4(d) of the Act for the A. m. macao subspecies and subspecies crosses to provide for its further conservation.