March 2019 – Federal Register Recent Federal Regulation Documents

NMFS issues final specifications for the 2019 Atlantic bluefish fishery. This action establishes allowable harvest levels for the bluefish stock, to prevent overfishing while allowing optimum yield, consistent with the Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Bluefish Fishery Management Plan. This rule is also intended to inform the public of these specifications for the 2019 fishing year.

We are superseding Airworthiness Directive (AD) 2015-12-08, which applied to all Airbus SAS Model A318 and A319 series airplanes and all Model A320-211, A320-212, A320-214, A320-231, A320-232, A320- 233, A321-111, A321-112, A321-131, A321-211, A321-212, A321-213, A321- 231, and A321-232 airplanes. AD 2015-12-08 required an inspection to determine the batch number or installation date of the oxygen pipe assembly that is installed at the end of the right-hand crew distribution line, and replacement of the pipe if necessary. This AD revises the applicability to include additional airplane models and additional pipes to be replaced if necessary. This AD was prompted by further investigation that determined that affected oxygen pipes may have been installed on more airplanes than initially identified. We are issuing this AD to address the unsafe condition on these products.

The Department of Energy (DOE or Department) is amending its regulations to require publication of its Standard Sales Provisions for the price competitive sale of petroleum from the Strategic Petroleum Reserve (SPR) solely on the DOE SPR website. Any subsequent revisions to its Standard Sales Provisions will also be published solely on the DOE SPR website. DOE will publish notification in the Federal Register and send notification to registered users in the SPR sales system when DOE revises its Standard Sales Provisions on the DOE SPR website. Notices of Sale will reference the Standard Sales Provisions published on the DOE SPR website in specifying which contractual terms and conditions, as well as contractor financial and performance responsibility measures, are applicable to that particular sale. The final rule is intended to expedite the preparation of and simplify the content of Notices of Sale, which in turn will reduce the administrative burden placed on prospective bidders.

NMFS announces the 2019 recreational fishing seasons for the private angling and Federal charter vessel/headboat (for-hire) components for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through this temporary rule. The season for the recreational sector for red snapper in the Gulf EEZ opens on June 1, each year. For recreational harvest by the private angling component, the season closes at 12:01 a.m., local time, June 1, 2019. NMFS has issued exempted fishing permits (EFPs) that allow each Gulf state (Texas, Louisiana, Mississippi, Alabama, and Florida) to set the private recreational season for red snapper that are landed from state and Federal waters in that state during 2018 and 2019. For recreational harvest by the Federal for-hire component, the season closes at 12:01 a.m., local time, on August 2, 2019. These closures are necessary to prevent the private angling and Federal for-hire components from exceeding their respective quotas, equivalent to annual catch limits (ACLs), for the 2019 fishing year and to prevent overfishing of the Gulf red snapper resource.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model CL-600-2D15 (Regional Jet Series 705) airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This proposed AD was prompted by reports that certain aft fuselage fittings are susceptible to cracking because they were not manufactured correctly. This proposed AD would require replacement of those fittings with correctly manufactured parts, an eddy current inspection of certain fastener holes for cracking, and corrective actions if necessary. We are proposing this AD to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) is approving an Arizona state implementation plan (SIP) revision for attaining the 2010 1-hour sulfur dioxide (SO2) primary national ambient air quality standard (NAAQS or ``standard'') for the Miami, Arizona SO2 nonattainment area (NAA). This SIP revision (hereinafter called the ``Miami SO2 Plan'' or ``Plan'') includes Arizona's attainment demonstration and other elements required under the Clean Air Act (CAA or ``Act''). In addition to an attainment demonstration, the Plan addresses the requirements for meeting reasonable further progress toward attainment of the NAAQS, reasonably available control measures and reasonably available control technology, base-year and projected emission inventories, enforceable emissions limitations and control measures, and contingency measures. The EPA concludes that the Plan provides for attainment of the 2010 1-hour primary SO2 NAAQS in the Miami SO2 NAA by the attainment date of October 4, 2018, and meets the other applicable requirements under the CAA.

The Environmental Protection Agency (EPA) is approving a request submitted by the Michigan Department of Environmental Quality (MDEQ) on December 12, 2017, and supplemented on August 9, 2018, as a revision to Michigan's state implementation plan (SIP). The SIP submission incorporates several revisions to Michigan's Air Pollution Control Rules entitled ``Part 1General Provisions.'' The revisions include administrative changes to the existing rule.

This action proposes to amend the Class E airspace extending upward from 700 feet above the surface and the Class E airspace extending upward from 1,200 feet above the surface at Schoolcraft County Airport, Manistique, MI. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the Schoolcraft VHF omnidirectional range (VOR) navigation aid, which provided navigation information for the instrument procedures at these airports, as part of the VOR Minimum Operational Network (MON) Program. The geographic coordinates of the Schoolcraft County 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.

The Board of Governors of the Federal Reserve System (Board) is requesting comment on whether it should propose amendments to its Regulation D (Reserve Requirements of Depository Institutions, to lower the rate of interest paid on excess balances (``IOER'') maintained at Federal Reserve Banks (Reserve Banks) by eligible institutions that hold a very large proportion of their assets in the form of balances at Reserve Banks.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Georgia, through the Georgia Environmental Protection Division (Georgia EPD), through a letter dated July 24, 2018, for the purpose of addressing the Clean Air Act (CAA or Act) ``good neighbor'' interstate transport (prongs 1 and 2) infrastructure SIP requirements for the 2010 1-hour Nitrogen Dioxide (NO2) National Ambient Air Quality Standard (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, commonly referred to as an ``infrastructure SIP.'' Specifically, EPA is proposing to approve Georgia's July 24, 2018, SIP revision addressing prongs 1 and 2 to ensure that air emissions in the State do not significantly contribute to nonattainment or interfere with maintenance of the 2010 1-hour NO2 NAAQS in any other state.

Whenever a new or revised National Ambient Air Quality Standard (NAAQS) is promulgated, the Clean Air Act requires each State to submit a plan for the implementation, maintenance, and enforcement of the standard, commonly referred to as infrastructure requirements. The Environmental Protection Agency (EPA) is proposing to approve the Oregon Department of Environmental Quality's (ODEQ) State Implementation Plan (SIP), submitted on September 21, 2018, as meeting infrastructure requirements for the 2015 ozone NAAQS. In addition, the EPA is proposing to approve an Oregon Administrative Rule, submitted as part of the Cleaner Air Oregon program and rule revision on December 11, 2018, which incorporates the Code of Federal Regulation November 2018 edition as the version referred to throughout their rule.

NMFS is hereby making a technical amendment to our regulations without altering the substance of the regulations. This change will correct a paragraph mis-numbering.

This final rule amends the Class I skim milk price formula for milk pooled under Federal milk marketing orders (FMMO) as required by the Agriculture Improvement Act of 2018 (2018 Farm Bill). Under the amended price formula, the Class I skim milk price will be the simple average of the monthly advanced pricing factors for Class III and Class IV skim milk, plus $0.74 per cwt, plus the applicable adjusted Class I differential. Prior to this amendment, the Class I skim milk price was the higher of the two advanced pricing factors, plus the applicable adjusted Class I differential.

OSHA requests information and comment on issues related to requirements in the standards on powered industrial trucks for general, maritime, and construction industries. OSHA is seeking information regarding the types, age, and usage of powered industrial trucks, maintenance and retrofitting of powered industrial trucks, how to regulate older powered industrial trucks, the types of accidents and injuries associated with operation of powered industrial trucks, the costs and benefits of retrofitting powered industrial trucks with safety features, and the costs and benefits of all other components of a safety program, as well as various other issues. OSHA is also interested in understanding whether the differences between the standards for maritime, construction, and general industry are appropriate and effective for each specific industrial sector. OSHA will use the information received in response to this RFI to determine what action, if any, it may take to reduce regulatory burdens while maintaining worker safety.

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 A season allowance of the 2019 total allowable catch of pollock for Statistical Area 610 in the GOA.

The Coast Guard proposes to add a special local regulation to increase safety in the navigable waters of Round Lake and Pine River Channel, Charlevoix, MI during the annual Boyne Thunder Poker Run. The proposal will allow the Coast Guard Patrol Commander to control vessel traffic during the event in this small and restricted waterway. The proposed regulation will be enforced during the day of the event. The date and time will be announced via a Notice of Enforcement. We invite your comments on this proposed rulemaking.

This request for information (RFI) solicits comment from interested parties on how to eliminate barriers to and enhance health insurance issuers' ability to sell individual health insurance coverage across state lines, primarily pursuant to Health Care Choice Compacts. This RFI was written in connection with Executive Order 13813, ``Promoting Healthcare Choice and Competition Across the United States,'' which directs the Administration, including the Department of Health and Human Services (HHS), to the extent consistent with law, to facilitate the purchase of health insurance coverage across state lines. HHS is committed to increasing health insurance coverage options under Title I of the Patient Protection and Affordable Care Act.

In this document, the Federal Communications Commission (FCC or Commission) adopts an Order that closes Lockbox 979094 and modifies the relevant rule provisions of filing and making fee payments in lieu of closing the lockbox.

The National Oceanic and Atmospheric Administration (NOAA) is issuing this advance notice of proposed rulemaking (ANPR) to seek the public and regulated community's input on what changes could be made to NOAA's Coastal Zone Management Act (CZMA) federal consistency regulations to make the federal consistency process more efficient across all stages of OCS oil and gas projects from leasing to development, as well as renewable energy projects. NOAA is also seeking comments on whether NOAA could process appeals in less time and increase the predictability in the outcome of an appeal. NOAA further invites comment on the potential costs that could be incurred by small entities during CZMA consistency appeals if NOAA revises the federal consistency regulations to provide greater efficiency and predictability as discussed in this Notice.

We are superseding Airworthiness Directive (AD) 2016-07-23, which applied to all Airbus SAS Model A318 and A319 series airplanes; Model A320-211, A320-212, A320-214, A320-216, A320-231, A320-232, and A320-233 airplanes; and Model A321-111, A321-112, A321-131, A321-211, A321-212, A321-213, A321-231, and A321-232 airplanes. AD 2016-07-23 required, for certain airplanes, repetitive replacements of the fixed fairing upper and lower attachment studs of both the left-hand (LH) and right-hand (RH) main landing gear (MLG); and repetitive inspections for corrosion, wear, fatigue cracking, and loose studs of each forward stud assembly of the fixed fairing door upper and lower forward attachments of both the LH and RH MLG; and replacement if necessary. AD 2016-07-23 also provided an optional terminating modification for the repetitive replacements of the fixed fairing upper and lower attachment studs. This AD retains the requirements of AD 2016-07-23 and, for certain airplanes, requires re-identification of the LH and RH MLG fixed fairing assemblies' part numbers. This AD was prompted by a determination that for some airplane configurations, associated fixed fairing assembly part numbers susceptible to fatigue cracking were not listed in certain service information required by AD 2016-07-23. In addition, we have determined that additional work is necessary to re- identify the fixed fairing assembly part number on certain airplanes. We are issuing this AD to address the unsafe condition on these products.

This rule modifies regulations and standards issued pursuant to the Agricultural Marketing Act of 1946 by removing references to power of attorney. Further, this rule modifies language to ensure consistency between the regulations and standards for fresh and processed fruits and vegetables. Power of Attorney is an outdated, cumbersome tool that increases the cost and record retention requirements for stakeholders when conducting business. We are making these changes to eliminate these requirements. This will allow us to provide services to our customers faster and without the financial and record retention burden. The functions of the Power of Attorney are currently done by a Supervisor or ``inspector in charge''.

As part of its work with the National Space Council, the Bureau of Industry and Security, Department of Commerce requests public comment to inform its review of the controls implemented in recent revisions to Categories IV and XV of the United States Munitions List (USML) and the related transfer of items to the Department of Commerce's Commerce Control List (CCL). These items include launch vehicles, guided missiles, ballistic missiles, rockets, torpedoes, bombs, and mines; and spacecraft and related articles. BIS's review seeks to ensure that the CCL describes these items clearly, captures those items in normal commercial use, accounts for technological developments, and implements the national security and foreign policy objectives of the United States properly.

A Petition for Reconsideration (Petition) has been filed regarding the Commission's declaratory ruling by John Bergmayer on behalf of Public Knowledge.

The U.S. Department of Energy (DOE) is publishing this final rule to correct references to the compliance date for energy conservation standards for ceiling fan light kits (CFLKs) and correct inaccurate cross-references to these standards. On May 16, 2018, DOE published a final rule that amended the energy conservation standards for CFLKs, which contained some inadvertent errors. This document corrects those errors.

This rule revises the reporting requirements under the Federal marketing order for pecans. The revised reporting requirements will enable the American Pecan Council (Council) to collect information from handlers on the average handler price paid and the average shelled pecan yield. The Council will use this information to provide important statistical reports to the industry and meet requirements under the marketing order.