March 2019 – Federal Register Recent Federal Regulation Documents

This document contains proposed regulations that provide guidance to determine the amount of the deduction for foreign-derived intangible income and global intangible low-taxed income. This document also contains proposed regulations coordinating the deduction for foreign-derived intangible income and global intangible low-taxed income with other provisions in the Internal Revenue Code.

The Federal Energy Regulatory Commission (Commission) issues this final rule to amend its regulations to conform to the enacted America's Water Infrastructure Act of 2018 (Water Infrastructure Act). This final rule revises regulations on preliminary permits, qualifying conduit hydropower facilities, and commencement for payment of annual charges. All revisions in this final rule are ministerial in nature.

The Federal Energy Regulatory Commission is granting in part and denying in part the requests for rehearing and clarification of its determinations in Order No. 845, which amended the Commission's pro forma Large Generator Interconnection Procedures and pro forma Large Generator Interconnection Agreement to improve certainty, promote more informed interconnection decisions, and enhance interconnection processes.

The Environmental Protection Agency (EPA) is proposing to approve two state implementation plan (SIP) revisions submitted by the District of Columbia (the District). Under the Clean Air Act (CAA), states' SIPs must require stationary sources in ozone nonattainment areas classified as marginal or above to report annual emissions of nitrogen oxides (NOX) and volatile organic compounds (VOC). This emissions statement requirement also applies to stationary sources located in attainment areas within the Ozone Transport Region (OTR) that emit or have the potential to emit at least 50 tons per year (tpy) of VOC or 100 tpy of NOX. The District formally submitted as a SIP revision, a statement certifying that the District's existing SIP-approved emissions statements program satisfies these CAA requirements for the 2008 ozone National Ambient Air Quality Standards (NAAQS). Upon review of the District's submittal, EPA noted minor discrepancies between the District's SIP-approved provisions, including the provision containing the District's emissions statements requirements, and the current edition of the District of Columbia Municipal Regulations (DCMR) referenced in the District's submittal. Therefore, to correct these minor discrepancies and update the District's SIP, the District also formally submitted a revised edition of the sections of the DCMR which address the discrepancies. EPA is proposing to approve the District's SIP with the current edition of these SIP-approved provisions. EPA is also proposing to approve the District's emissions statements program certification for the 2008 ozone NAAQS. EPA is proposing to approve these SIP revisions in accordance with the requirements of the CAA.

The Federal Housing Finance Agency (FHFA or Agency) is issuing a final rule to improve the liquidity of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (collectively, the Enterprises) To-Be-Announced (TBA) eligible mortgage-backed securities (MBS) by requiring the Enterprises to maintain policies that promote aligned investor cash flows for both current TBA-eligible MBS, and, upon its implementation, for the Uniform Mortgage-Backed Security (UMBS)a common, fungible MBS that will be eligible for trading in the TBA market for fixed-rate mortgage loans backed by one-to-four unit (single-family) properties. The final rule codifies alignment requirements that FHFA implemented under the Fannie Mae and Freddie Mac conservatorships. The rule is integral to the successful transition to and ongoing fungibility of the UMBS. FHFA has announced that the Enterprises will begin issuing UMBS in place of their current TBA-eligible securities on June 3, 2019.

This action proposes to establish restricted area R-7202 on the island of Guam, GU. With the relocation of United States Marine Corps (USMC) forces from Okinawa, Japan to Guam, there is a requirement to establish a safe and effective area for live-fire small arms weapons training. The proposed restricted area would provide the protection required to contain these hazardous activities and the weapons safety footprints for the ordnance to be used within the proposed airspace. No hazardous aviation activities will be authorized in this area.

The Coast Guard proposes to modify the operating schedule that governs the Buffalo Bluff CSX Railroad Bridge across the St. Johns River, mile 94.5, at Satsuma, Putnam County, FL. The proposed rulemaking would allow the bridge to be remotely monitored and operated from the CSX Railroad Bridge across the Ortega River (McGirts Creek) located at mile 1.1 on the Ortega River. The proposed rule would also allow the draw to remain in the full, open position unless a train is in the circuit.

The final rule removes Department of Defense (DoD) regulations regarding the Retired Serviceman's Family Protection Plan (RSFPP). The part contains information for enrollment, designation of beneficiaries, and general guidance for the RSFPP program, which has been closed to new applicants since 1972. The only remaining relevant aspect of the RSFPP program is the application for benefits upon the death of a participating retiree, which is accomplished by completing the necessary forms that are published on a public website. This collection of information is tied to statute, and thus does not require an authorizing CFR part. Accordingly, this part is outdated and unnecessary and may be removed from the CFR.

The Environmental Protection Agency (EPA) is proposing to fully approve the Limited Maintenance Plan (LMP), submitted by the State of Montana to the EPA on August 3, 2016, for the Missoula moderate particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10) nonattainment area (Missoula NAA) and concurrently redesignate the Missoula NAA to attainment of the 24-hour PM10 National Ambient Air Quality Standard (NAAQS). In order to approve the LMP and redesignation, the EPA is proposing to determine that the Missoula NAA has attained the 1987 24-hour PM10 NAAQS of 150 [micro]g/m\3\. This determination is based upon monitored air quality data for the PM10 NAAQS during the years 2015- 2017. The EPA is also proposing to approve the Missoula LMP as meeting the appropriate transportation conformity requirements. Lastly, the EPA is proposing to approve certain rule revisions the Missoula City-County Air Pollution Control Program submitted on August 3, 2016 and August 22, 2018.

This final rule makes non-substantive technical and conforming amendments to existing Coast Guard regulations. The Coast Guard is issuing this technical amendment to conform to the changes made by the Frank LoBiondo Coast Guard Authorization Act of 2018, which redesignated existing United States Code provisions into new Titles and sections. This technical amendment updates the statutory authority citations for Coast Guard regulations that establish safety zones, security zones, special local regulations, regulated navigation areas, and anchorages. This rule will have no substantive effect on the regulated public.

The Environmental Protection Agency (EPA) is notifying the public that the Allegheny County Health Department (ACHD) has completed the regulatory process for voluntary withdrawal from EPA's delegation of authority to enforce the chemical accident prevention regulations under the Clean Air Act (CAA). The EPA is therefore amending the Code of Federal Regulations (CFR) to indicate that ACHD no longer has the delegated authority to implement and enforce the regulatory requirements. EPA is also notifying the public that each facility subject to the previously approved ACHD delegated chemical accident prevention program is required to maintain continuous compliance with applicable requirements. This action is being taken under the CAA.

This action modifies Class E airspace extending upward from 1,200 feet above the surface at Hooper Bay Airport, AK; Kaltag Airport, AK; King Salmon Airport, AK; Kodiak Airport, AK; Manokotak Airport, AK; and Middleton Island Airport, AK. This action adds exclusionary language to the legal descriptions of these airports to exclude Class E airspace extending beyond 12 miles from the shoreline and ensures the safety and management of aircraft within the National Airspace System. Also, an editorial change is made in the airspace designation for King Salmon Airport. This action also corrects an error in the coordinates of Kodiak Airport and the Middleton Island VOR/DME.

We propose to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A318, A319, A320, and A321 series airplanes. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive fuel airworthiness limitations. We are proposing this AD to address the unsafe condition on these products.

The Department of Veterans Affairs (VA) is withdrawing a document published in the Federal Register on July 28, 2017, proposing to amend the portion of its Schedule for Rating Disabilities that addresses the genitourinary system.

We are adopting a new airworthiness directive (AD) for all Dassault Aviation Model Falcon 10 airplanes. This AD was prompted by a report indicating that certain wing anti-ice outboard flexible hoses were found damaged, likely resulting from the installation process. This AD requires repetitive detailed inspections of certain wing anti- ice outboard flexible hoses, and replacement of certain wing anti-ice outboard flexible hoses, as specified in an European Aviation Safety Agency (EASA) Emergency AD, which is incorporated by reference. We are issuing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for all Airbus SAS Model A318-111, -112, -121, and -122 airplanes; Model A319- 111, -112, -113, -114, -115, -131, -132, and -133 airplanes; and Model A320-211, -212, -214, -216, -231, -232, and -233 airplanes. This AD was prompted by reports of cracks that were found after improperly performed magnetic particle inspections of the main landing gear (MLG) sliding tubes were done. This AD requires repetitive general visual inspections of the affected MLG sliding tubes for cracks and replacement if necessary. We are issuing this AD to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) is proposing to approve changes to the Jefferson County portion of the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, through the Energy and Environment Cabinet (Cabinet), through a letter dated March 15, 2018. The proposed SIP revision was submitted by the Cabinet on behalf of the Louisville Metro Air Pollution Control District (District) and makes minor ministerial amendments to regulations regarding new and existing process operations.

This action proposes to remove RNAV route Q-106 which currently extends between the SMELZ, FL, waypoint (WP) and the GADAY, AL, WP. With the implementation additional Q routes by the Florida Metroplex Q-route Project, the FAA has determined that Q-106 is no longer required.

The Coast Guard is establishing a temporary safety zone for all navigable waters between mile marker 0.0 and mile marker 3.0 of the Cumberland River in Smithland, Kentucky. The safety zone is needed to protect personnel, vessels, and personal property from potential hazards created by vessel wake during a high water event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley or a designated representative.

NMFS closes the General category fishery for large medium and giant (i.e., measuring 73 inches curved fork length or greater) Atlantic bluefin tuna (BFT) for the January subquota time period and thus until the General category reopens on June 1, 2019. The intent of this closure is to prevent overharvest of the available General category January 2019 BFT subquota of 100 metric tons (mt).

The Coast Guard proposes to establish special local regulations for certain waters of the Bush River and Otter Point Creek. This action is necessary to provide for the safety of life on these navigable waters located at Edgewood, Harford County, MD, during a high-speed power boat racing event on May 11, 2019, and May 12, 2019. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port Maryland-National Capital Region or Coast Guard Patrol Commander. We invite your comments on this proposed rulemaking.

This action proposes to amend Class E surface airspace and Class E airspace areas extending upward from 700 feet or more above the surface of the earth at Dickinson-Theodore Roosevelt Regional Airport (formerly Dickinson Municipal Airport) in Dickinson, ND. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the Dickinson non-directional radio beacon (NDB). The geographic coordinates for the airport in the associated airspace and the airport name would be updated to coincide with the FAA's aeronautical database. Also, the Dickinson VHF omni-directional radio range and tactical air navigational aid (VORTAC) is no longer needed in the description of the E-5 airspace and will be removed. Airspace redesign is necessary for the safety and management of instrument flight rules (IFR) operations at these airports.

This document contains corrections to the Federal Register title for the notice of proposed rulemaking (NOPR) in Docket No. RM19- 4-000 that was published in the Federal Register on Thursday, November 29, 2018. This correction clarifies the differences in the titles of the NOPR and the Final Rule that published on February 26, 2019.

The Secretary removes outdated and superseded regulations for eight programs in the State Vocational and Applied Technology Education Programs and National Discretionary Programs of Vocational Education as authorized under the Carl D. Perkins Vocational and Applied Technology Act of 1990 (Perkins II). The eight programs are: The Career, Technical and Applied Technology Education ProgramsGeneral Provisions, the Indian Vocational Education Program, the Native Hawaiian Vocational Education Program, the State Vocational and Applied Technology Education Program, the State-Administered Tech-Prep Education Program, the Tribally Controlled Postsecondary Vocational Institutions Program, the Vocational Education Research Program, and the National Center or Centers for Research in Vocational Education (the eight programs). These program regulations are outdated with the exception of certain regulations under the Indian Vocational Education Program.

The Office of Population Affairs (OPA), in the Office of the Assistant Secretary for Health, issues this final rule to revise the regulations that govern the Title X family planning program (authorized by Title X of the Public Health Service Act) to ensure compliance with, and enhance implementation of, the statutory requirement that none of the funds appropriated for Title X may be used in programs where abortion is a method of family planning and related statutory requirements. Accordingly, OPA amends the Title X regulations to clarify grantee responsibilities under Title X, to remove the requirement for nondirective abortion counseling and referral, to prohibit referral for abortion, and to clarify compliance obligations with state and local laws. In addition, Title X regulations are amended to clarify access to family planning services where an employer exercises a religious or moral objection. Finally, Title X regulations are amended to require physical and financial separation to ensure clarity regarding the purpose of Title X and compliance with statutory program integrity provisions, and to encourage family participation in family planning decisions, as required by Federal law.