April 2019 – Federal Register Recent Federal Regulation Documents

The Coast Guard will enforce various special local regulations for annual regattas and marine parades in the Captain of the Port Detroit zone. Enforcement of these regulations is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and after these regattas or marine parades. During the aforementioned period, the Coast Guard will enforce restrictions upon, and control movement of, vessels in a specified area immediately prior to, during, and after regattas or marine parades.

This action proposes to Establish Class E airspace extending upward from 700 feet above the surface at Chase Field Industrial Airport, Beeville-Chase Field, TX. Controlled airspace is necessary to accommodate new standard instrument approach procedures developed at Chase Field Industrial Airport, for the safety and management of instrument flight rules (IFR) operations.

The Food and Nutrition Service (FNS, or the Agency) proposes to make changes to the Supplemental Nutrition Assistance Program (SNAP) regulations pertaining to the eligibility of certain SNAP retail food stores. These proposed changes are in response to the Consolidated Appropriations Acts of 2017 and 2018, which prohibited the U.S. Department of Agriculture (USDA) from implementing two retailer stocking provisions (the ``Breadth of Stock'' provision and the ``Definition of `Variety' '' provision) of the 2016 final rule titled, ``Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)'', until such a time as regulatory modifications to the definition of ``variety'' are made that would increase the number of food items that count as acceptable staple food varieties for purposes of SNAP retailer eligibility. Using existing authority in the Food and Nutrition Act of 2008, the Agency proposes to modify the definition of the term ``variety'' as it pertains to the stocking requirements for SNAP authorized retail food stores. These proposed changes would provide retailers with more flexibility in meeting the enhanced stocking requirements of the 2016 final rule which were mandated by the Agricultural Act of 2014 (the 2014 Farm Bill), and align SNAP regulations with the requirements expressed in the Consolidated Appropriations Acts of 2017 and 2018. This proposed rule does not modify any other provisions or components of the 2016 final rule, ``Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP).''

On February 14, 2005, NMFS received a request from the Makah Indian Tribe for a waiver of the Marine Mammal Protection Act (MMPA) moratorium on take of Eastern North Pacific (ENP) gray whales (Eschrichtius robustus). The Tribe requested that NMFS authorize a tribal hunt in the coastal portion of the Tribe's usual and accustomed fishing area (U&A) for ceremonial and subsistence purposes, and authorize the making and sale of handicrafts. The MMPA imposes a general moratorium on the taking of marine mammals but authorizes the Secretary of Commerce to waive the moratorium and issue regulations governing the take of marine mammals if certain statutory criteria are met. The decision to waive the moratorium and issue regulations must be made on the record after an opportunity for an agency hearing on both the waiver and regulations. The hearing is governed by agency regulations, which call for the appointment of a presiding officer and prescribe other procedures. This notice announces the proposed waiver and regulations. A related notice announcing a hearing on the proposed waiver and regulations is published elsewhere in this issue of the Federal Register.

We are adopting a new airworthiness directive (AD) for certain Pratt & Whitney Division (PW) PW4158 turbofan engines. This AD was prompted by several reports of high cycle fatigue (HCF) cracks found in the fuel nozzle supply manifold. This AD requires replacement of the affected fuel nozzles and fuel nozzle manifold supply assemblies with parts eligible for installation. This AD also requires installation of new brackets and clamps on the fuel nozzle supply manifold assemblies. We are issuing this AD to address the unsafe condition on these products.

The Assistant Secretary for Elementary and Secondary Education proposes priorities, requirements, definitions, and selection criteria for Grants to Charter School Developers for the Opening of New Charter Schools and for the Replication and Expansion of High-Quality Charter Schools (Developer grants) under the Expanding Opportunity Through Quality Charter Schools Program (CSP), Catalog of Federal Domestic Assistance (CFDA) numbers 84.282B and 84.282E, respectively. We may use one or more of these priorities, requirements, definitions, and selection criteria for competitions in fiscal year (FY) 2019 and later years. We take this action to support the opening of new charter schools (CFDA 84.282B) and the replication and expansion of high- quality charter schools (CFDA 84.282E) throughout the Nation, particularly those that serve educationally disadvantaged students, such as students who are individuals from low-income families, and students who traditionally have been underserved by charter schools, such as Native American students and students in rural communities.

Section 3 of the Housing and Urban Development Act of 1968, as amended by the Housing and Community Development Act of 1992 (Section 3), contributes to the establishment of stronger, more sustainable communities by ensuring that employment and other economic opportunities generated by Federal financial assistance for housing and community development programs are, to the greatest extent feasible, directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. HUD is statutorily charged with the authority and responsibility to implement and enforce Section 3. Elsewhere in this issue of the Federal Register, HUD published a proposed rule that would amend the Section 3 regulations to, among other things, increase the impact of the Section 3 requirements, and streamline and update HUD's reporting and tracking requirements. The proposed rule includes a requirement that HUD set Section 3 benchmarks by publishing a notification, subject to public comment, in the Federal Register. The proposed rule provides that HUD will set benchmarks based on the number of Section 3 workers and a subset of Section 3 workers, defined as Targeted Section 3 workers. If a recipient complies with the statutory priorities regarding effort and meets the outcome benchmarks, HUD would presume the recipient is following Section 3 requirements, absent evidence to the contrary. These proposed outcome benchmarks are being published concurrently with the proposed rule so the public can comment on the proposed benchmarks and methodology for setting the benchmarks prior to adoption of the final rule and benchmarks.

The National Aeronautics and Space Administration (NASA) has adopted a final rule making inflation adjustments to civil monetary penalties within its jurisdiction. This final rule represents the annual 2019 inflation adjustments of monetary penalties. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

We, the U.S. Fish and Wildlife Service (Service), announce 12- month findings on petitions to list eight species as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list the Arkansas mudalia, ashy darter, Barrens darter, Chihuahua scurfpea, coldwater crayfish, Eleven Point River crayfish, Spring River crayfish, and red-crowned parrot. However, we ask the public to submit to us at any time any new information that becomes available relevant to the status of any of the species mentioned above or their habitats.

NHTSA withdraws its June 21, 2012 Notice of Proposed Rulemaking (NPRM), which proposed revising Federal motor vehicle safety standard (FMVSS) No. 205, ``Glazing materials,'' to harmonize it with Global Technical Regulation (GTR) No. 6, ``Safety Glazing Materials for Motor Vehicles and Motor Vehicle Equipment.'' Based on the results of the agency's review of available information and analysis of the technically substantive comments on the proposal, NHTSA is unable to conclude at this time that harmonizing FMVSS No. 205 with GTR No. 6 would increase safety.

Section 3 of the Housing and Urban Development Act of 1968, as amended by the Housing and Community Development Act of 1992 (Section 3), contributes to the establishment of stronger, more sustainable communities by ensuring that employment and other economic opportunities generated by Federal financial assistance for housing and community development programs are, to the greatest extent feasible, directed toward low- and very low-income persons, particularly those who receive government assistance for housing. In accordance with statutory authority, HUD is charged with the responsibility to implement and enforce Section 3. HUD's regulations implementing the requirements of Section 3 have not been updated since 1994 and are not as effective as HUD believes they could be. This proposed rule would update HUD's Section 3 regulations to create more effective incentives for employers to retain and invest in their low- and very low-income workers, streamline reporting requirements by aligning them with typical business practices, provide for program-specific oversight, and clarify the obligations of entities that are covered by Section 3. The purpose of these changes is to increase the impact of the Section 3 requirements for low- and very low-income persons, increase compliance with Section 3 requirements, and reduce regulatory burden. HUD is also publishing elsewhere in this issue of the Federal Register a proposed notification for comment that would set initial benchmarks for measuring Section 3 compliance with the final rule.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved the request for the information collection requirements contained in the Commission's Expanding Flexible Use of the 3.7 to 4.2 GHz Band, Order. This document is consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of these rules.

We are adopting a new airworthiness directive (AD) for all Airbus SAS Model A330-200 Freighter, -200, and -300 series airplanes; and Airbus SAS Model A340-200, -300, -500, and -600 series airplanes. This AD was prompted by reports of depressurization of hydraulic reservoirs caused by air leakage from the pressure relief valve (PRV) of the hydraulic reservoir (HR) due to the extrusion of the O-ring seal from certain HR PRVs. This AD requires replacing affected PRVs and re- identifying affected HRs. We are issuing this AD to address the unsafe condition on these products.

In this document, the Federal Communications Commission (Commission) proposes to revise its rules to require Commercial Mobile Radio Service providers to deliver accurate vertical location information to Public Safety Answering points consistent with a metric of plus or minus three meters for wireless 911 calls placed from indoors. The Commission seeks comment on this proposal as well as on alternatives to improve vertical location accuracy for wireless 911 calls made from multi-story buildings.

The U.S. Fish and Wildlife Service (Service or we) is establishing migratory bird subsistence harvest regulations in Alaska for the 2019 season. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. The proposed rule for the 2019 season was delayed, requiring this interim rule to allow subsistence hunting to begin in April. We will respond to public comments, and based on public comments received, may revise this interim rule.

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the West Virginia permanent regulatory program under the Surface Mining Control and Reclamation Act (SMCRA or the Act). On June 14, 2016, West Virginia Department of Environmental Protection (WVDEP) submitted a program amendment to OSMRE that includes regulatory revisions, authorized under the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA), relating to bonding requirements for operations seeking permit renewals, topsoil, inactive status, and contemporaneous reclamation. This document gives the times and locations that the West Virginia program and this proposed amendment to that program 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.

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Pennsylvania program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this proposed amendment, Pennsylvania seeks to revise its regulatory program regulations that involve remining operations with pollutional discharges. This document gives the times and locations that the Pennsylvania program and this proposed amendment to that program 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 Environmental Protection Agency (EPA) is granting Mississippi final authorization for changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The Agency published a proposed rule on October 29, 2018, and provided for public comment. One comment was received in support of authorizing Mississippi's proposed revisions. This comment can be reviewed in the docket for this action under Docket ID No. EPA-R04-RCRA-2018-0528. No further opportunity for comment will be provided.

This final rule removes DoD's regulation that relates to allotments for child and spousal support because it duplicates DoD's internal policy on statutorily required child or child and spousal support allotments that cover members of the Military Services on extended active duty. This internal policy is located in the DoD Financial Management Regulation, Volume 7A, Chapter 41 ``Garnishments and Other Involuntary Allotments.''

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/national-flood-insurance-program-community-statu s-book.

The Food and Drug Administration (FDA or the Agency) is announcing a public hearing to discuss access to affordable insulin products and issues related to the development and approval of biosimilar and interchangeable insulin products.

The Securities and Exchange Commission (``Commission'') is revising its regulations with respect to the method by which hearing officers of the Public Company Accounting Oversight Board (``Board'' or ``PCAOB'') are appointed and removed from office. Specifically, the Commission is adopting a rule expressly requiring that the appointment or removal of a PCAOB hearing officer be subject to Commission approval.

The U.S. Nuclear Regulatory Commission (NRC) is publishing a regulatory basis to support a rulemaking that would amend the NRC's regulations for the light-water power reactor vessel material surveillance programs. The rulemaking would reduce the regulatory burden associated with the testing of specimens contained within surveillance capsules, and reporting the surveillance test results. The NRC has completed a regulatory basis that demonstrates there is sufficient justification to proceed with rulemaking. The NRC is providing the basis for rulemaking for public information, but is not seeking public comment on the regulatory basis at this time.

The Department of the Treasury (Treasury) is issuing a final rule to revise the method by which the statutory three percent limitation on administrative costs (referred to throughout this notice as the ``three percent administrative cost cap'') is applied under the Direct Component, Comprehensive Plan Component, and Spill Impact Component under the Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012, (RESTORE Act or Act). This revision will help ensure that the Gulf Coast States and localities have the necessary funding to efficiently and effectively oversee and manage projects and programs for ecological and economic restoration of the Gulf Coast Region while ensuring compliance with the statutory three percent administrative cost cap.