April 2019 – Federal Register Recent Federal Regulation Documents

In this document, the Federal Communications Commission (Commission) addresses the Petition for Reconsideration (Petition) filed on behalf of the Critical Messaging Association (CMA) regarding the Commission's Third Report and Order in the Cellular Reform proceeding (Cellular Third R&O). The Commission denies the Petition.

We are adopting a new airworthiness directive (AD) for Vulcanair S.p.A. Model AP68TP-300 ``SPARTACUS'' and Model AP68TP-600 ``VIATOR'' airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracks on wing ribs, which could result in reduced structural integrity of the wing assembly. We are issuing this AD to require actions to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) is taking final action to approve changes to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina, through the North Carolina Department of Environmental Quality (NCDEQ), through letters dated April 4, 2017, August 22, 2017, and September 28, 2018. These SIP revisions make amendments, most of which are structural and minor, to North Carolina's source testing rules. This action is being taken pursuant to the Clean Air Act (CAA or Act).

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 Idaho State Implementation Plan (SIP), submitted on September 27, 2018, as meeting infrastructure requirements for the 2015 ozone NAAQS.

The U.S. Consumer Product Safety Commission (CPSC) received a petition from the Outdoor Power Equipment Industry (petitioner, or OPEI), requesting a revision to the warning label requirement for the Safety Standard for Walk-Behind Power Lawn Mowers. The CPSC invites written comments concerning this petition.

We propose to adopt a new airworthiness directive (AD) for all Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD was prompted by reports of cracks within the ring gears of a slat geared rotary actuator (SGRA) resulting from a change in the raw material manufacturing process. This proposed AD would require replacement of affected parts with serviceable parts, as specified in an European Aviation Safety Agency (EASA) AD, which will be incorporated by reference. We are proposing this AD to address the unsafe condition on these products.

This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures 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 for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This proposed rulemaking is intended to update and clarify the Department of Labor's (Department) interpretation of joint employer status under the Fair Labor Standards Act (FLSA or Act), which has not been significantly revised in over 60 years. The proposed changes are designed to promote certainty for employers and employees, reduce litigation, promote greater uniformity among court decisions, and encourage innovation in the economy.

This final rule makes technical amendments to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations in the Code of Federal Regulations (CFR). These technical changes are being made to remove expired, obsolete, or unnecessary regulations; correct dates, titles, addresses, and telephone numbers; and to reflect changes to nomenclature resulting from the transfer of ATF to the Department of Justice from the Department of the Treasury pursuant to the Homeland Security Act of 2002. The changes are designed to update and provide clarity throughout these regulations.

The Drug Enforcement Administration proposes placing methyl 2- (1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbu tanoate [5F-ADB; 5F-MDMB-PINACA]; methyl 2-(1-(5-fluoropentyl)-1H-indazole-3- carboxamido)-3-methylbutanoate [5F-AMB]; N-(adamantan-1-yl)-1-(5- fluoropentyl)-1H-indazole-3-carboxamide [5F-APINACA, 5F-AKB48]; N-(1- amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-ind azole-3- carboxamide [ADB-FUBINACA]; methyl 2-(1-(cyclohexylmethyl)-1H-indole-3- carboxamido)-3,3-dimethylbutanoate [MDMB-CHMICA, MMB-CHMINACA] and methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3- dimethylbutanoate [MDMB-FUBINACA], including their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, in schedule I of the Controlled Substances Act. If finalized, this action would make permanent the existing regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess), or propose to handle 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA.

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). On May 3, 2017, West Virginia Department of Environmental Protection (WVDEP) submitted a program amendment to OSMRE to modify its pre- blasting survey requirements, bond release and bonding requirements, and to modify disbursements from the Water Reclamation Trust Fund. This document gives the times and locations that the West Virginia program and this proposed amendment are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

The Department of Defense (DoD) proposes an amendment to the TRICARE regulation. Specifically, this proposed rule will allow coverage of otherwise authorized physical therapy (PT), occupational therapy (OT), and speech therapy (ST) for TRICARE beneficiaries when such services are prescribed by an authorized TRICARE Allied Health Professional acting within the scope of their license.

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 747-200B, 747-200C, 747-200F, 747-300, 747- 400, 747-400D, 747-400F, 747-8F, and 747-8 series airplanes. This AD was prompted by reports of uncommanded movement of the Captain's and First Officer's seats. This proposed AD would require, for the Captain's and First Officer's seats, repetitive horizontal actuator identifications, repetitive checks of the horizontal movement system (HMS), a detailed inspection of the HMS for certain airplanes, and applicable on-condition actions. This proposed AD would also require an inspection to determine the part number and, if applicable, the serial number of the Captain's and First Officer's seats and applicable on- condition actions. This proposed AD would also provide an optional terminating action for the repetitive checks of the HMS for certain airplanes. We are proposing this AD to address the unsafe condition on these products.

We, the U.S. Fish and Wildlife Service (Service), are amending the List of Endangered and Threatened Wildlife (List) by adding 16 species (gulf grouper, island grouper, common guitarfish, blackchin guitarfish, daggernose shark, Brazilian guitarfish, striped smoothhound shark, spiny angelshark, Argentine angelshark, narrownose smoothhound shark, Maui dolphin, Hector's dolphin, giant manta ray, oceanic whitetip shark, Taiwanese humpback dolphin, and chambered nautilus) and by removing one species (Puget Sound-Georgia Basin distinct population segment (DPS) of canary rockfish). We are also updating the entries for the following six species by adding critical habitat designation citations: Gulf of Maine DPS of Atlantic sturgeon, New York Bight DPS of Atlantic sturgeon, Chesapeake Bay DPS of Atlantic sturgeon, South Atlantic DPS of Atlantic sturgeon, Carolina DPS of Atlantic sturgeon, and Main Hawaiian Islands Insular DPS of false killer whale. Lastly, we are updating the genus name for the Saimaa subspecies of ringed seal. The above amendments are based on previously published determinations by the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration, Department of Commerce, which has jurisdiction for these species. We are also adding nonsubstantive corrections to entries for 10 other species on the List: Three foreign coral species, dusky sea snake, Banggai cardinalfish, the Tanzanian DPS of African coelacanth, Nassau grouper, and three angelshark species. We added these 10 species to the List in 2016, but the entries did not include the Federal Register citations for the final listing rule, as is our standard practice when we add new entries to the List. The changes being made via this rule simply provide information that may be helpful to members of the public who are interested in tracking the regulatory history of these species.

In 2016, DHS reduced Greece's Electronic System for Travel Authorization (ESTA) travel authorization validity period for travel by nationals of Greece under the Visa Waiver Program (VWP) from two years to one year. The reduction was based on a 2015 VWP assessment of Greece, which had identified a number of shortcomings in satisfying VWP requirements. In November 2018, DHS re-evaluated Greece's progress to meet the requirements and determined that Greece has satisfied the requirements for normalizing Greece's ESTA validity period to two years. This document announces that DHS therefore is increasing Greece's ESTA validity period to two years.

The Environmental Protection Agency (EPA) is taking final action to approve revisions to Idaho's State Implementation Plan (SIP) submitted by the Idaho Department of Environmental Quality (IDEQ) on November 2, 2018. The submitted revisions update Idaho's rules by removing obsolete and duplicative requirements as well as requirements less stringent than applicable Federal regulations.

At the request of ION Media License Company, LLC. (ION), licensee of television station WPXH-TV, channel 45, Gadsden, Alabama (WPXH), the Commission has before it an unopposed Notice of Proposed Rulemaking to amend the Post-Transition Table of DTV Allotments by changing WPXH's community of license from Gadsden to Hoover, Alabama. The Commission believes that the proposed reallotment is consistent with the Commission's second allotment priority by providing Hoover with its first local transmission service. The Commission also notes that the proposed reallotment will not deprive Gadsden of its sole broadcast station because it will continue to be served by station WTJP-TV, licensed to Trinity Christian Center of Santa Ana, Inc. on channel 26 at Gadsden. We also grant ION's requested waiver of the Commission's rules.

The OCC, Board, and FDIC (collectively, the agencies) are inviting public comment on a notice of proposed rulemaking (proposal) that would address an advanced approaches banking organization's regulatory capital treatment of an investment in unsecured debt instruments issued by foreign or U.S. global systemically important banking organizations (GSIBs) for the purposes of meeting minimum total loss absorbing capacity (TLAC) and, where applicable, long-term debt (LTD) requirements, or unsecured debt instruments issued by GSIBs that are pari passu or subordinated to such debt instruments. Under the proposal, investments by an advanced approaches banking organization in such unsecured debt instruments generally would be subject to deduction from the advanced approaches banking organization's own regulatory capital. The proposal would reduce both interconnectedness within the financial system and systemic risk. The Board is proposing changes to regulatory reporting requirements resulting from the proposal. The Board is also proposing to require that banking organizations subject to minimum TLAC and LTD requirements under Board regulations publicly disclose their TLAC and LTD issuances in a manner described in this proposal.

The FAA proposes to amend certain airworthiness regulations applicable to cabin pressurization systems and oxygen dispensing equipment on transport category airplanes to accommodate airplane operations into or out of airports with elevations at or above 8,000 feet above sea level. Currently, the FAA makes and documents equivalent level of safety findings when an airplane manufacturer or modifier proposes to certify airplane cabin pressurization systems used for operations into or out of airports with elevations at or above 8,000 feet. In addition, the FAA grants exemptions from the automatic oxygen mask presentation requirements for operations into or out of airports with elevations at or above 14,000 feet. This proposed action is necessary to relieve the burden on industry and the FAA that results from project-specific equivalent level of safety (ELOS) requests and petitions for exemption to accommodate operations at high elevation airports for transport category airplanes.

The Environmental Protection Agency (EPA) is proposing to approve Idaho's Regional Haze Progress Report (``progress report'' or ``report''), submitted by the State of Idaho on June 28, 2016, as a revision to the Idaho Regional Haze State Implementation Plan (SIP). Idaho submitted its progress report and a negative declaration stating that further revision of the existing Regional Haze SIP is not needed at this time. The progress report addresses requirements of the Clean Air Act (CAA) and the federal Regional Haze Rule that require states to submit periodic reports describing progress made toward achieving reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the state's existing plan addressing regional haze.

On February 22, 2019, the Department of Veterans Affairs (VA) published a proposed rulemaking to amend its regulations on the provision of necessary hospital care, medical services, and extended care services from non-VA entities or providers in the community. This supplemental notice of proposed rulemaking (SNPRM) provides clarification about the process to be used to make decisions regarding organ and bone marrow transplant care.

The Coast Guard is establishing a special local regulation for all navigable waters of the Ohio River from mile marker (MM) 597.0 to MM 607.0. This action is necessary to provide for the safety of life on these navigable waters near Louisville, KY, during the ``Thunder over Louisville'' event. Entry into, transiting through, or anchoring within this regulated area is prohibited unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative.

The U.S. Department of Agriculture's (USDA) Commodity Credit Corporation (CCC) proposes to amend the regulations that specify the requirements for CCC-approved warehouses storing and handling cotton. The amendment would change how warehouse operators account for bales made available for shipment (BMAS) and how CCC determines BMAS compliance. The current regulation allows bales that are made available for shipment by the warehouse operator but not picked up (BNPU) by the shipper to count for up to two reporting weeks when calculating and reporting BMAS for the reporting week. This amendment proposes to limit BNPU to be counted for one week, with BMAS to include only bales actually shipped or not picked up for that reporting week. CCC also proposes to allow two additional options for the warehouse operator to meet the 4.5% cotton flow requirement by averaging either the BMAS for the reporting week and the week prior to the reporting week, or by averaging the BMAS for the reporting week and the week after the reporting week. In addition, CCC proposes to amend the regulations to reflect the transfer of warehouse programs and activities from USDA's Farm Service Agency to AMS in 2018.

We, the U.S. Fish and Wildlife Service, in response to a request from Hilcorp Alaska, LLC, Harvest Alaska, LLC, and the Alaska Gasline Development Corporation, have proposed to issue regulations authorizing the nonlethal, incidental take by harassment of small numbers of northern sea otters in State and Federal waters (Alaska and the Outer Continental Shelf) within Cook Inlet, Alaska, as well as all adjacent rivers, estuaries, and coastal lands. Take may result from oil and gas exploration, development, production, and transportation activities occurring for a period of 5 years. We previously published these proposed regulations and requested comments and now, in response to requests, extend the deadline for comment submission.

The Food Safety and Inspection Service (FSIS) is amending the Federal poultry products inspection regulations to add Honduras to the list of countries eligible to export poultry products to the United States. The FSIS review of Honduras' laws, regulations, and inspection system demonstrated that its poultry slaughter inspection system is equivalent to the system FSIS has established under the Poultry Products Inspection Act (PPIA) and its implementing regulations.