April 2019 – Federal Register Recent Federal Regulation Documents

The Office of Personnel Management (OPM) is issuing a final regulation to implement changes to part 337 of OPM's regulations, which govern direct hire authority. Executive Order (E.O.) 13833, ``Enhancing the Effectiveness of Agency Chief Information Officers'' requires OPM to issue proposed regulations delegating to the head of a covered agency authority necessary to determine whether there is a severe shortage of candidates or a critical hiring need for information technology (IT) positions, under criteria established by OPM. OPM published the proposed regulations, has considered proposed comments, and has now determined to adopt a final rule making this change. The intended effect of this change is to enable Chief Information Officers to hire urgently needed IT professionals more quickly.

The following is the analysis and determination of the Commodity Futures Trading Commission (``Commission'') regarding a request by the Australian Prudential Regulation Authority (``APRA'') that the Commission determine that laws and regulations applicable in Australia provide a sufficient basis for an affirmative finding of comparability with respect to margin requirements for uncleared swaps applicable to certain swap dealers (``SDs'') and major swap participants (``MSPs'') registered with the Commission. As discussed in detail herein, the Commission has found the margin requirements for uncleared swaps under the laws and regulations of Australia comparable to those under the Commodity Exchange Act (``CEA'') and Commission regulations.

We are adopting a new airworthiness directive (AD) for HPH s. r.o. Models Glasf[uuml]gel 304C, Glasf[uuml]gel 304CZ, and Glasf[uuml]gel 304CZ-17 gliders. 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 jamming between the double two-ring end of the towing cable and the deflector angles of the center of gravity (C.G.) release mechanism. We are issuing this AD to require actions to address the unsafe condition on these products.

The Food and Drug Administration (FDA or we) is proposing to revise the quality standard for bottled water to specify that bottled water to which fluoride is added by the manufacturer may not contain fluoride in excess of 0.7 milligrams per liter (mg/L). This action, if finalized, will revise the current allowable levels for fluoride in domestically packaged and imported bottled water to which fluoride is added. We are taking this action to make the quality standard regulation for fluoride added to bottled water consistent with the recommendation by the U.S. Public Health Service (PHS) for community water systems that add fluoride for the prevention of dental caries. This action, if finalized, will not affect the allowable levels for fluoride in bottled water to which fluoride is not added by the manufacturer (such bottled water may contain fluoride from its source water).

The Surface Transportation Board (Board or STB) adopts modifications to its rules pertaining to certain payment, filing, and service procedures. The adopted rule also updates and clarifies fees for copying, printing, and related services and removes outdated language from the Board's regulations.

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

The Coast Guard is proposing to modify an existing safety zone for certain waters of the Gastineau Channel. This action is necessary to provide for safety of vessels anchoring on these navigable waters. This proposed rulemaking would prohibit vessels, other than large passenger vessels from anchoring within the safety zone without the express consent from the Captain of the Port, Southeast Alaska, or a designated representative. We invite your comments on this proposed rulemaking and are particularly interested in any potential impact to underwater cables in the Gastineau Channel affected by this proposed rulemaking.

NMFS is adjusting the commercial aggregated large coastal shark (LCS) and hammerhead shark management group retention limit for directed shark limited access permit holders in the Atlantic region from 25 LCS other than sandbar sharks per vessel per trip to 3 LCS other than sandbar sharks per vessel per trip. NMFS is taking this action after considering the regulatory criteria regarding inseason adjustments to trip limits. The retention limit will remain at 3 LCS other than sandbar sharks per vessel per trip in the Atlantic region through the rest of the 2019 fishing season, unless NMFS announces another adjustment to the retention limit or a fishery closure with a separate notification in the Federal Register. This retention limit adjustment will affect anyone with a directed shark limited access permit fishing for LCS in the Atlantic region.

The U.S. Department of Energy (DOE or the Department) announces a public meeting for the variable refrigerant flow multi- split air conditioners and heat pumps (VRF multi-split systems) working group. The Federal Advisory Committee Act (FACA) requires that agencies publish notice of an advisory committee meeting in the Federal Register.

On March 11, 2019, the Agricultural Marketing Service (AMS) published a revision to the Class I skim milk price formula for milk pooled under the Federal milk marketing order (FMMO) as required by the Agriculture Improvement Act of 2018. This document explains the May 1, 2019, effective date and makes two clarifying corrections to the final regulations.

This regulation establishes tolerances for residues of zoxamide in or on Pepper/Eggplant Subgroup 8-10B. Gowan Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

We propose to adopt a new airworthiness directive (AD) for certain Diamond Aircraft Industries GmbH Model DA 42 NG and Model DA 42 M-NG airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The unsafe condition in the MCAI is insufficient clearance of the gust lock mounts on the pilot side rudder pedals. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

We are revising an earlier proposal for certain Gulfstream Aerospace Corporation (Gulfstream) Model G-IV and Model GIV-X airplanes. This action revises the notice of proposed rulemaking (NPRM) by proposing to require a later revision of the service information to update the life limits and inspection requirements in the airworthiness limitations section (ALS) of the aircraft maintenance manual (AMM). We are proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, we are reopening the comment period to allow the public the chance to comment on these changes.

The Food and Drug Administration (FDA, Agency, or we) is proposing to amend the biologics regulations by removing the specified test for the presence of Mycoplasma for live virus vaccines and inactivated virus vaccines produced from in vitro living cell cultures. FDA is proposing this action because the existing test for Mycoplasma is restrictive in that it identifies only one test method in detail to be used even though other methods also may be appropriate. More sensitive and specific methods exist and are currently being practiced, and removal of the specific method to test for Mycoplasma provides flexibility for accommodating new and evolving technology and capabilities without diminishing public health protections. This action is part of FDA's implementation of Executive Orders 13771 and 13777. Under these Executive orders, FDA is comprehensively reviewing existing regulations to identify opportunities for repeal, replacement, or modification that will result in meaningful burden reduction, while allowing the Agency to achieve our public health mission and fulfill statutory obligations.

The Food and Drug Administration (FDA, the Agency, or we) is correcting with technical amendments two final rules that published in the Federal Register of September 17, 2015, and one final rule that published in the Federal Register of November 27, 2015. The final rules published with editorial and inadvertent errors. This document corrects those errors.

We are adopting a new airworthiness directive (AD) for Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB-BK 117 A-1, MBB-BK 117A-3, MBB-BK 117 A-4, MBB-BK 117 B-1, MBB-BK 117 B-2, MBB-BK 117 C-1, and MBB-BK 117 C-2 helicopters. This AD requires repetitive inspections of the tail rotor (T/R) gearbox housing. This AD was prompted by a report that a crack was found in a T/R gearbox housing. The actions of this AD are intended to correct an unsafe condition on these products.

The Gulf of Mexico (Gulf) and South Atlantic Fishery Management Councils (Councils) have submitted Amendment 13 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and South Atlantic (FMP), for review, approval, and implementation by NMFS. Amendment 13 would modify the applicable Federal regulations for the harvest of spiny lobster in the exclusive economic zone (EEZ) off Florida to be compatible with Florida regulations, and would re- establish a procedure for an enhanced cooperative management with Florida. The purpose of Amendment 13 is to more effectively manage and enforce the harvest of spiny lobster.

The Food and Drug Administration (FDA) is issuing a proposed rule to establish requirements for the content and format of reports intended to establish the substantial equivalence of a tobacco product (SE Reports). The proposed rule would establish the information an SE Report must include so that FDA may make a substantial equivalence determination. In addition, the proposed rule would establish the general procedures FDA intends to follow when evaluating SE Reports, including procedures that would address communications with the applicant and the confidentiality of data in an SE Report. The proposed rule is intended to provide more clarity to applicants and support efficient and predictable reviews of SE Reports.

The Environmental Protection Agency (EPA) is approving a revision to the State of Maryland's state implementation plan (SIP). The State of Maryland's SIP revision pertains to Code of Maryland Regulations (COMAR) 26.11.32Control of Emissions of Volatile Organic Compounds (VOCs) from Consumer Products. This action is being taken under the Clean Air Act (CAA).

The Coast Guard is issuing a final rule requiring each owner or operator of a maritime facility regulated by the Coast Guard to implement a system providing seafarers, pilots, and representatives of seamen's welfare and labor organizations access between vessels moored at the facility and the facility gate, in a timely manner and at no cost to the seafarer or other individuals. These access procedures must be documented in the Facility Security Plan for each facility, and approved by the local Captain of the Port. This final rule, which implements a congressional mandate, ensures that no facility owner or operator denies or makes it impractical for seafarers or other individuals to transit through the facility.

The U.S. Department of Energy (DOE) is extending the public comment period for its notice of proposed rulemaking (NOPR) to withdraw the revised definitions of General Service Lamp (GSL), General Service Incandescent Lamp (GSIL) and related terms established in two definition final rules issued on January 19, 2017. DOE published the NOPR in the Federal Register on February 11, 2019 establishing a 60-day public comment period ending April 12, 2019. DOE is extending the public comment period for submitting comments and data on the NOPR by 21 days to May 3, 2019.

The Department of Energy (DOE) is publishing this final rule to amend its current regulations regarding cost share under the Energy Policy Act of 2005 (EPACT 2005). The content of these technical amendments correspond with the provisions enacted by Congress through the Department of Energy Research and Innovation Act of 2018.

The U.S. Small Business Administration (SBA) is amending its regulations to adjust for inflation the amount of certain civil monetary penalties that are within the jurisdiction of the agency. These adjustments comply with the requirement in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, to make annual adjustments to the penalties. The rule also makes a technical amendment to ensure that a reference to the penalty amount imposed on SBA Supervised Lenders for failure to file reports is consistent with current and future adjustments.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove a clause that is no longer necessary.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to make clarifications and updates associated with determinations to award task- or delivery-order contracts estimated to exceed $112 million to a single source.