March 2019 – Federal Register Recent Federal Regulation Documents

We are proposing to amend the licensing requirements under the Animal Welfare Act regulations to promote compliance, reduce licensing fees, and strengthen existing safeguards that prevent individuals and businesses who have a history of noncompliance from obtaining a license or working with regulated animals. This action will reduce regulatory burden with respect to licensing and will more efficiently ensure licensees' sustained compliance with the Act. We are further proposing to strengthen the veterinary care and watering standards for regulated dogs to better align the regulations with the humane care and treatment standards set by the Animal Welfare Act. Additionally, we are proposing to make several miscellaneous changes for clarity and to correct typographical errors.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Antelope Valley Air Quality Management District (AVAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from solvent cleaning operations. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

This final rule amends the regulation governing State Medicaid Fraud Control Units (MFCUs or Units). The rule incorporates statutory changes affecting the Units as well as policy and practice changes that have occurred since the regulation was initially issued in 1978. These changes include a recognition of OIG's delegated authority; Unit authority, functions, and responsibilities; disallowances; and issues related to organization, prosecutorial authority, staffing, recertification, and the Units' relationship with Medicaid agencies. The rule is designed to assist the MFCUs in understanding their authorities and responsibilities under the grant program, clarify the flexibilities the MFCUs have to operate their programs, and reduce administrative burden, where appropriate, by eliminating duplicative and unnecessary reporting requirements.

Through this rulemaking, HUD proposes to implement the Formaldehyde Standards for Composite Wood Products Act of 2010, which added Title VI to the Toxic Substances Control Act (TSCA). In addition, HUD proposes to remove certain aspects of HUD's current manufactured housing formaldehyde standards requirements that are not addressed by TSCA, including provisions for a health notice to be posted in every manufactured home, testing of post-treatment panels after certification, and testing of certain plywood materials.

Using a longstanding and commonsense methodology and based on broad-based input, the Department of Labor (Department) proposes to update and revise the regulations issued under the Fair Labor Standards Act (FLSA or Act) implementing the exemption from minimum wage and overtime pay requirements for executive, administrative, professional, outside sales, and computer employees.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Fort Pierce North Causeway A1A Bridge (Banty Sanders) across the Atlantic Intracoastal Waterway (AICW), mile 964.8 at Fort Pierce, St. Lucie County, FL. This deviation will be a second test of a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This test deviation will modify the existing deviation to allow the bridge scheduled openings.

NMFS is prohibiting directed fishing for Pacific cod by hook- and-line catcher/processors 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 hook-and-line catcher/processors in the Western Regulatory Area of the GOA.

In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990, this final rule adjusts for inflation the civil monetary penalty for violation of the notice-posting requirements in Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Genetic Information Non-Discrimination Act.

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Missouri River from mile marker (MM) 360 to MM 450 between Kansas City, MO and St. Joseph, MO. This action is necessary to provide for the safety of persons, vessels, and the marine environment on these navigable waters as a result of increasing flood conditions on the river that is threatening to overtop levees. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or a designated representative.

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Delaware Bay and River to restrict and protect vessel traffic during the transit of Post-Panamax gantry cranes to and from the Port of Philadelphia. This action is intended to protect mariners and vessels from the hazards associated with the transportation of these large cranes. Entry of vessels or persons into this zone would be prohibited unless a vessel meets the stated requirements or is specifically authorized by the Captain of the Port Delaware Bay. This rule compliments a safety zone found in docket number USCG-2019-0122 addressing safety risks while the vessel carrying the cranes is moored at the Port of Philadelphia.

The Coast Guard will enforce a safety zone on Lake Macatawa in Holland, MI for the Tulip Time Festival Fireworks on May 11, 2019 to provide for the safety of life on navigable waterways during this fireworks display. This action is necessary and intended to protect the safety of life and property on navigable waters prior to, during, and immediately after a fireworks display. During the enforcement period listed below vessels and persons are prohibited from transiting through, mooring, or anchoring within the safety zone unless authorized by the Captain of the Port Lake Michigan or a designated representative. The operator of any vessel in the regulated area must comply with directions from the Patrol Commander or any Official Patrol displaying a Coast Guard ensign.

On December 6, 2018, the Illinois Environmental Protection Agency (Illinois) submitted a request for the Environmental Protection Agency (EPA) to redesignate the Illinois portion of the St. Louis, MO- IL nonattainment area (hereafter, ``St. Louis area'') to attainment for the 1997 fine particulate matter (PM2.5) annual national ambient air quality standard (NAAQS or standard). The Illinois portion of the St. Louis area includes Madison, Monroe, and St. Clair counties, and Baldwin Township in Randolph County. EPA is taking this action because it has determined that the St. Louis area is attaining the annual 1997 PM2.5 standard based on the most recent three years of certified air quality data. EPA is also proposing to approve a revision to the Illinois state implementation plan (SIP) for maintaining the 1997 annual PM2.5 NAAQS through 2030. Illinois' maintenance plan submission includes an updated emission inventory, which includes emission inventories for PM2.5, NOX, volatile organic compounds (VOCs) and ammonia. The maintenance plan submission also includes motor vehicle emission budgets (MVEBs) for the mobile source contribution of PM2.5 and nitrogen oxides (NOX) to the St. Louis PM2.5 area for transportation conformity purposes. EPA is proposing to approve and update both the emissions inventory and MVEBs. EPA is proposing to take these actions in accordance with the Clean Air Act (CAA) and EPA's SIP rules regarding the 1997 PM2.5 NAAQS.

The Environmental Protection Agency (EPA) is approving a source-specific revision to the Wyoming State Implementation Plan (SIP) that provides an alternative to Best Available Retrofit Technology (BART) for Unit 3 at the Naughton Power Plant (``the SIP revision'') that is owned and operated by PacifiCorp. The EPA finds that the BART alternative for Naughton Unit 3 provides greater reasonable progress toward natural visibility conditions than BART in accordance with the requirements of section 110 of the Clean Air Act (CAA) and the EPA's Regional Haze Rule (RHR). The SIP revision was submitted by the State of Wyoming on November 28, 2017.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model DHC-8-400 series airplanes. This proposed AD was prompted by a report of a cracked outboard spoiler actuator mounting bracket. This proposed AD would require repetitive inspections of the outboard spoiler actuator mounting brackets, replacement of any cracked bracket, and eventual replacement of all brackets with a re-designed part that would terminate the repetitive inspections. We are proposing this AD to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) is proposing regulatory changes to allow gasoline blended with up to 15 percent ethanol to take advantage of the 1-pound per square inch (psi) Reid Vapor Pressure (RVP) waiver that currently applies to E10 during the summer months. EPA is also proposing an interpretive rulemaking which defines gasoline blended with up to 15 percent ethanol as ``substantially similar'' to the fuel used to certify Tier 3 motor vehicles. Finally, EPA is proposing regulatory changes to modify certain elements of the Renewable Fuel Standard (RFS) compliance system, in order to improve functioning of the renewable identification number (RIN) market and prevent market manipulation.

This action proposes to amend the Class E airspace extending upward from 700 feet above the surface at Portland Municipal Airport, Portland, TN. The FAA is proposing this action as the result of the decommissioning of the Bowling Green 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 of the airport would also be updated to coincide with the FAA's aeronautical database.

This action modifies six United States Area Navigation (RNAV) routes (Q-88, Q-90, Q-114, Q-126, Q-136, and Q-150) and establishes one RNAV route (Q-92) in the western United States. The routes support standard instrument departures (SIDs) and standard terminal arrival routes (STARs) for Denver International Airport. Additionally, the routes promote operational efficiencies for users and provide connectivity to current and proposed RNAV enroute procedures while enhancing capacity for adjacent airports.

The U.S. Agency for International Development (USAID) seeks public comment on a proposed rule that would amend the USAID Acquisition Regulation (AIDAR) to incorporate a revised definition of information technology and other requirements relating to information security and information technology approvals. The Federal Information Technology Acquisition Reform Act requires improved management of the acquisition of Information technology resources. This proposed rule revising the AIDAR, if adopted, would provide increased oversight of contractor acquisition and use of information technology resources.

This document cancels a public hearing on proposed regulations to implement sections of the Internal Revenue Code regarding hybrid dividends and certain amounts paid or accrued in hybrid transactions or with hybrid entities, and to provide rules under the Code to prevent the same deduction from being claimed under the tax laws of both the United States and a foreign country.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2019 Pacific cod total allowable catch allocated to catcher vessels using trawl gear in the BSAI.

In this document, the Commission, via the Consumer and Governmental Affairs Bureau (CGB or Bureau), amends its rules by eliminating the rule that requires an opt-out notice on fax advertisements sent with the recipient's prior express permission or consent. This rule was declared unlawful by the United States Court of Appeals for the D.C. Circuit and therefore its elimination is warranted to ensure uniform and consistent application of the rules.

The U.S. Nuclear Regulatory Commission (NRC) published a direct final rule in the Federal Register on June 6, 2017, amending its spent fuel storage regulations by revising the NAC International MAGNASTOR[supreg] Cask System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 7 to Certificate of Compliance No. 1031. The direct final rule was effective on August 21, 2017. The technical specifications for NAC International MAGNASTOR[supreg] Cask System, Amendment No. 7 included a minor editorial and non-substantive error. The purpose of this action is to correct the error.

We are adopting a new airworthiness directive (AD) for certain Airbus SAS Model A320-251N and -271N airplanes, and Model A321-253N airplanes. This AD was prompted by reports of low clearance between the electrical harness and nearby hydraulic pipes in the inboard trailing edge of the wing. This AD requires repetitive detailed inspections of certain electrical harnesses for discrepancies and corrective actions, if necessary, as specified in an European Aviation Safety Agency (EASA) AD, which is incorporated by reference. We are issuing this AD to address the unsafe condition on these products.

U.S. Department of Agriculture published a final rule on December 26, 2018, to implement a recommendation from the Kiwifruit Administrative Committee (Committee) to decrease the assessment rate established for the 2018-2019 and subsequent fiscal periods. This correction addresses a typographical error in that final rule.

In this document, the Commission adopted a Notice of Proposed Rulemaking, in which it sought comment on several proposals designed to improve the rules and procedures to select and license competing applications for new noncommercial educational (NCE) broadcast stations and low power FM (LPFM) stations.