March 2019 – Federal Register Recent Federal Regulation Documents

At the request of ION Media License Company, LLC (ION), licensee of digital television station WNPX-TV, channel 36, Cookeville, Tennessee (WNPX), the Commission has before it an unopposed Notice of Proposed Rulemaking proposing to amend the Post-Transition Table of DTV Allotments to reallot channel 36 from Cookeville to Franklin, Tennessee. ION further requested modification of WNPX's license to specify Franklin as the station's community of license. ION claimed that proposed reallotment is mutually exclusive with WNPX's current allotment because it is based on the technical specifications currently authorized for the station. Furthermore, ION stated that the proposed reallotment is consistent with the Commission's second allotment priority because it will provide Franklin with its first local transmission service. ION explained that Franklin not only qualifies as a community for allotment purposes, but is also a larger community than Cookeville and is deserving of its first local transmission service.

This final rule amends the Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single- Employer Plans and Allocation of Assets in Single-Employer Plans to prescribe certain interest assumptions under the benefit payments regulation for plans with valuation dates in April 2019 and interest assumptions under the asset allocation regulation for plans with valuation dates in the second quarter of 2019. These interest assumptions are used for valuing benefits and paying certain benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.

In this document, the Federal Communications Commission (FCC or Commission) moves the audit and enforcement responsibilities associated with our equal employment opportunity (EEO) rules from the Media Bureau to the Enforcement Bureau. As set forth below, we conclude that transferring enforcement of these rules to the Enforcement Bureau will better ensure that the communications companies subject to these rules give all qualified individuals an opportunity to apply and be considered as job candidates.

The Environmental Protection Agency (EPA) is taking final action on the residual risk and technology reviews (RTRs) conducted for the Surface Coating of Large Appliances; the Printing, Coating, and Dyeing of Fabrics and Other Textiles; and the Surface Coating of Metal Furniture source categories regulated under national emission standards for hazardous air pollutants (NESHAP). In addition, we are taking final action addressing emissions during periods of startup, shutdown, and malfunction (SSM); electronic reporting for performance test results and compliance reports; the addition of EPA Method 18 and updates to several measurement methods; and the addition of requirements for periodic performance testing. Additionally, several miscellaneous technical amendments will be made to improve the clarity of the rule requirements. We are making no revisions to the numerical emission limits based on these risk analyses or technology reviews.

This final rule implements a recommendation from the Processed Pear Committee (Committee) to change the Committee's membership structure. This action removes the second alternate member position from the Committee structure, leaving ten member positions and one alternate position for each respective member.

This document requests comments on a Petition for Rule Making filed by SSR Communications Inc., proposing to amend the FM Table of Allotments, by allotting Channel 264A at Caliente, Nevada, as the first local service. A staff engineering analysis indicates that Channel 264A can be allotted to Caliente consistent with the minimum distance separation requirements of the Commission's rules without a site restriction. The reference coordinates are 37-36-02 NL and 114-30-32 WL.

The Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration (NOAA), on behalf of the International Pacific Halibut Commission (IPHC), publishes as regulations the 2019 annual management measures governing the Pacific halibut fishery that have been recommended by the IPHC and accepted by the Secretary of State. This action is intended to enhance the conservation of Pacific halibut and further the goals and objectives of the Pacific Fishery Management Council (PFMC) and the North Pacific Fishery Management Council (NPFMC).

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.

The Environmental Protection Agency (EPA) is taking final action to approve changes to the Georgia State Implementation Plan (SIP) to revise the emission reduction credits (ERC) regulation. EPA is approving portions of the SIP revision submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (GA EPD) on September 15, 2008. The revision expands the eligibility for sources in Barrow County that can participate in the ERC Program, adds a provision for reevaluation of the Certificates of ERC, changes the administrative fees, and eliminates an exemption for certain types of ERCs. This action is being taken pursuant to the Clean Air Act (CAA or Act).

NMFS announces final 2019 and 2020 harvest specifications, apportionments, and Pacific halibut prohibited species catch limits for the groundfish fishery of the Gulf of Alaska (GOA). This action is necessary to establish harvest limits for groundfish during the remainder of the 2019 and the start of the 2020 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska. The 2019 harvest specifications supersede those previously set in the 2018 and 2019 harvest specifications, and the 2020 harvest specifications will be superseded in early 2020 when the final 2020 and 2021 harvest specifications are published. The intended effect of this action is to conserve and manage the groundfish resources in the GOA in accordance with the Magnuson- Stevens Fishery Conservation and Management Act.

In this document, the Commission proposes to require IP CTS providers to include user account identifiers in monthly call records submitted for compensation; allow new IP CTS users to receive service for up to two weeks, while their identities are verified in the User Registration Database; and simplify the handling of 911 calls placed by IP CTS users who connect to an IP CTS provider via the internet in order to place a call. These proposals will improve IP CTS by better facilitating compensation of providers by the TRS Fund administrator, preventing unnecessary inconvenience to IP CTS registrants seeking new service, and eliminating outdated 911 rules that no longer appear to serve a valid public safety purpose.

The Commission proposes amending the Energy Labeling Rule (``Rule'') to make the Rule easier to use by reorganizing several sections, amending language to increase clarity, and eliminating several obsolete provisions. The proposed amendments have no substantive impact on the Rule's requirements. The Commission seeks comment regarding the proposed amendments and invites any suggestions to improve the Rule's format, organization, and clarity.

On October 3, 2018, the Environmental Protection Agency (EPA) published a notice of proposed rulemaking (NPRM) to approve a revision to the State of Oklahoma hazardous waste program under the Resource Conservation and Recovery Act (RCRA) and provided for a thirty-day public comment period. The public comment period closed on November 2, 2018 and EPA received five comments. Two of the comments were irrelevant to the proposed rulemaking. EPA received written adverse comments from three sources not to grant the State of Oklahoma the authorized program. The EPA has reviewed and analyzed the concerns raised by the commenters, and now issues this final rule. After consideration of these concerns, EPA is confirming that the program revisions to the State of Oklahoma hazardous waste program satisfy all requirements needed to qualify for final authorization. No further opportunity for comment will be provided.

NMFS implements an accountability measure for the commercial longline component for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial longline landings for golden tilefish are projected to reach the longline component's commercial quota on March 14, 2019. Therefore, NMFS closes the commercial longline component of golden tilefish in the South Atlantic EEZ on March 14, 2019, at 12:01 a.m., local time. This closure is necessary to protect the golden tilefish resource.

NMFS is prohibiting directed fishing for pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the B season allowance of the 2019 total allowable catch of pollock for Statistical Area 610 in the GOA.

On April 20, 2018, the State of Arkansas, through the Arkansas Department of Environmental Quality (ADEQ) submitted a request for the Environmental Protection Agency (EPA) to assess new available information and redesignate the Independence County unclassifiable area (hereinafter referred to as the ``County'' or ``Area'') for the 2010 sulfur dioxide (SO2) primary national ambient air quality standard (NAAQS) to attainment/unclassifiable. Pursuant to the Clean Air Act (CAA), the EPA is approving the State's request and redesignating the Area to attainment/unclassifiable for the 2010 primary SO2 NAAQS based on EPA's review confirming that the State's modeling results appropriately characterize the air quality in Independence County, Arkansas and that predicted ambient SO2 concentrations are below this NAAQS.

This action proposes to establish 2 new low altitude RNAV routes T-239, and T-258, and modify 3 existing RNAV routes T-290, T- 292, and T-294 in the southeastern United States. The proposal would expand the availability of RNAV routing in support of transitioning the National Airspace System (NAS) from ground-based to satellite-based navigation.

We are superseding Airworthiness Directive (AD) 97-26-03 for Eurocopter Deutschland GmbH Model MBB-BK 117 A-1, MBB-BK 117 A-3, MBB- BK 117 A-4, MBB-BK 117 B-1, MBB-BK 117 B-2, and MBB-BK 117 C-1 helicopters. AD 97-26-03 required visual inspections for cracks in the ribbed area of the main rotor (M/R) mast flange (flange). Since we issued AD 97-26-03, we have determined that a certain reinforced M/R mast is not affected by the unsafe condition. This new AD retains the requirements of AD 97-26-03 and removes a certain M/R mast from the applicability. The actions of this AD are intended to address an unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for MDHI Model 369A, 369D, 369E, 369FF, 369H, 369HE, 369HM, 369HS, 500N, and 600N helicopters. This AD requires inspecting each main rotor blade (MRB) for a crack. This AD was prompted by reports of cracked MRBs. The actions of this AD are intended to address an unsafe condition on these helicopters.

The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Seaway Regulations and Rules in various categories. The changes update the following sections of the Regulations and Rules: Seaway Navigation; and, Information and Reports. These amendments are merely editorial or for clarification of existing requirements. The joint regulations will become effective in Canada on March 30, 2019. For consistency, because these are joint regulations under international agreement, and to avoid confusion among users of the Seaway, the SLSDC finds that there is good cause to make the U.S. version of the amendments effective on the same date.

The Robintech, Inc./National Pipe Co. Superfund site (Site), located in the Town of Vestal, New York, includes an approximately 12.7-acre parcel of property (hereinafter, ``Property'') and areas affected by the release or threat of release of hazardous substances to the west of the Property (hereinafter, ``Off-Property''). This direct final partial deletion is being published by the Environmental Protection Agency (EPA), with the concurrence of the New York State Department of Environmental Conservation (NYSDEC). Because no further response actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), other than groundwater monitoring, periodic IC verification, and five-year reviews, as well as O&M activities, as necessary, are needed for the Property's overburden soil, overburden groundwater, and an approximately 9.7-acre portion of the bedrock aquifer underlying the Property (hereinafter, collectively referred to as ``Proposed Deleted Portion of the Property''), EPA is issuing this Notice of Partial Deletion (NOPD) of this Site area from the National Priorities List (NPL) and requests public comments on this proposed action. However, this partial deletion does not preclude future actions under Superfund. The overburden and bedrock aquifers in the Off-Property area, and the remaining portion of the bedrock aquifer underlying the Property, will remain on the NPL and are not part of this deletion action.

This proposed interpretive guidance, which would replace the Financial Stability Oversight Council's existing interpretive guidance on nonbank financial company determinations, describes the approach the Council intends to take in prioritizing its work to identify and address potential risks to U.S. financial stability using an activities-based approach, and enhancing the analytical rigor and transparency in the processes the Council intends to follow if it were to consider making a determination to subject a nonbank financial company to supervision by the Federal Reserve.

The Federal Trade Commission (``FTC'' or ``Commission'') is requesting public comment on its Trade Regulation Rule entitled ``Disclosure Requirements and Prohibitions Concerning Franchising'' (``Franchise Rule'' or ``Rule''). The Rule makes it an unfair or deceptive act or practice for franchisors to fail to give prospective franchisees a Franchise Disclosure Document providing specified information about the franchisor, the franchise business, and the terms of the franchise agreement. The Rule also prohibits related misrepresentations by franchise sellers. The Commission is soliciting comments about the efficiency, costs, benefits, and regulatory impact of the Rule as part of its systematic review of all current Commission regulations and guides. All interested persons are hereby given notice of the opportunity to submit written data, views, and arguments concerning the Rule.

The Food and Drug Administration (FDA) is withdrawing approval of a new animal drug application (NADA) and an abbreviated new animal drug application (ANADA) at the sponsors' request because these products are no longer manufactured or marketed.