April 9, 2019 – Federal Register Recent Federal Regulation Documents

On March 18, 2019, we, the U.S. Fish and Wildlife Service, announced via a Federal Register notice the availability of a draft environmental assessment (dEA) and habitat conservation plan (HCP) for development in Bexar County, Texas. Under the Endangered Species Act, the Davis McCrary Property Trust applied for an incidental take permit (ITP) that would authorize incidental take of the golden-cheeked warbler. Our Federal Register notice inadvertently did not give the correct permit number and did not specifically state how the public can submit comments. In this notice, we correct those errors.

The U.S. Copyright Office is issuing a final rule regarding the Classics Protection and Access Act, title II of the Orrin G. Hatch- Bob Goodlatte Music Modernization Act. In connection with the establishment of federal remedies for unauthorized uses of sound recordings fixed before February 15, 1972 (``Pre-1972 Sound Recordings''), Congress established an exception for certain noncommercial uses of Pre-1972 Sound Recordings that are not being commercially exploited. To qualify for this exception, a user must file a notice of noncommercial use after conducting a good faith, reasonable search to determine whether the Pre-1972 Sound Recording is being commercially exploited, and the rights owner of the sound recording must not object to the use within 90 days. After soliciting three rounds of public comments through a notice of inquiry and a notice of proposed rulemaking, the Office is issuing final regulations identifying the specific steps that a user should take to demonstrate she has made a good faith, reasonable search. The rule also details the filing requirements for the user to submit a notice of noncommercial use and for a rights owner to submit a notice opting out of such use.

The Environmental Protection Agency (EPA) is proposing to update a portion of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by the Clean Air Act (CAA). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which Maryland is the designated COA. The State of Maryland's requirements discussed in this document are proposed to be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the OCS air regulations.

The U.S. Department of Energy (``DOE'') is initiating an effort to determine whether to amend the current energy conservation standards for small electric motors. Under the Energy Policy and Conservation Act of 1975, as amended (``EPCA''), DOE must review these standards at least once every six years and publish either a notice of proposed rulemaking (``NOPR'') to propose new standards for small electric motors or a notice of determination that the existing standards do not need to be amended. This request for information (``RFI'') solicits information from the public to help DOE determine whether amending the standards for small electric motors would result in significant energy savings and whether such standards would be technologically feasible and economically justified. DOE welcomes written comments from the public on any subject within the scope of this document (including topics not raised in this RFI).

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Utah Division of Administrative Rules (DAR), specifically R307-101-3 submitted by the State of Utah on October 13, 2016. This submittal requests a State Implementation Plan (SIP) revision to change the date of the referenced Code of Federal Register (CFR) from July 1, 2014 to July 1, 2015. This action is being taken under section 110 of the Clean Air Act (CAA or Act).

NMFS issues regulations to implement management measures described in Abbreviated Framework Amendment 2 (Abbreviated Framework 2) to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule revises the commercial and recreational annual catch limits (ACLs) for vermilion snapper and black sea bass in the exclusive economic zone (EEZ) of the South Atlantic. The purpose of this final rule is to respond to the results of the latest stock assessments for the species and to help achieve optimum yield (OY) for vermilion snapper and black sea bass. Additionally, this final rule serves to announce the length of the South Atlantic black sea bass recreational fishing season for the 2019-2020 fishing year. NMFS announces that the length of the recreational fishing season for black sea bass in the Council's jurisdiction of the EEZ of the South Atlantic will extend throughout the species' April 1, 2019, through March 31, 2020, recreational fishing year.

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.

Pursuant to the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular biweekly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued, and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all notices of amendments issued, or proposed to be issued, from March 12, 2019 to March 25, 2019. The last biweekly notice was published on March 26, 2019.