May 1, 2019 – Federal Register Recent Federal Regulation Documents

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Illinois regulatory program (Illinois program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Illinois proposes revisions to its regulations, including allowing the extraction of coal as an incidental part of a government-financed construction project, revising its Ownership and Control rules, and clarifying land use changes requiring a significant permit revision. Illinois intends to revise its program to be as effective as the Federal regulations. This document gives the times and locations where the Illinois program documents and this proposed amendment to that program are available for your inspection, establishes the comment period during which you may submit written comments on the amendment, and describes 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 Missouri regulatory program (Missouri program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). As a result of Missouri's Red Tape Reduction Initiative (Executive Order 17-03), Missouri proposes amendments and rescissions to its Missouri Coal Mining Regulations in order to reduce the volume of these regulations without reducing the program's requirements. Missouri proposes amendments to multiple sections of its regulations to incorporate by reference the corresponding Federal regulations. Missouri also proposes to rescind multiple sections of its regulations that will be incorporated by reference in the aforementioned proposed amended sections. Missouri intends these revisions to its program to remain as effective as the Federal regulations. This document gives the times and locations where the Missouri program documents and this proposed amendment to that program are available for your inspection, establishes the comment period during which you may submit written comments on the amendment, and describes the procedures that we will follow for the public hearing, if one is requested.

The Maritime Administration (MARAD) is publishing this notice to solicit public comment on steps MARAD could take to simplify and/or modernize the process for evidencing United States citizenship of corporations and other entities participating in MARAD programs. To be eligible to participate in various MARAD programs and activities, applicants and interested parties must demonstrate at least a majority of ownership and control by United States citizens at each tier of ownership. MARAD is not considering any changes to that standard, but to the types of documents or evidence applicants provide to MARAD.

The Maritime Administration (MARAD) is publishing this notice to solicit public comment on steps MARAD could take to simplify annual citizenship filing procedures under the American Fisheries Act Program to reduce costs or administrative burdens placed on program participants. MARAD is responsible for ensuring compliance with the American Fisheries Act's (AFA's) U.S. citizen ownership and control requirements for certain U.S. flag fishing industry vessels, including determining whether vessels 100 feet or greater in length are owned and controlled by U.S. citizens and eligible for fishery endorsements. MARAD is not considering any changes to those standards, but to the types of documents or evidence applicants provide to MARAD.

This rule updates procedures concerning trial by foreign criminal courts of, treatment in foreign prisons of, and the payment of counsel fees in certain civil cases for individuals referred to collectively in this rule as ``dependents of DoD personnel.'' Dependents of DoD personnel serving under a U.S. Chief of Mission are not considered to be ``dependents of DoD personnel'' for the purposes of this rule.

The Coast Guard is proposing to amend the safety zone for the Seattle Seafair Air Show Performance by moving the safety zone location. This action is necessary to safeguard participants and spectators from the safety hazards associated with the Air Show Performance, which include low-flying high-speed aircraft. This proposed rulemaking would prohibit persons and vessels from entering or remaining in the new safety zone location unless authorized by the Captain of the Port Puget Sound or a designated representative. We invite your comments on this proposed rulemaking.

The Coast Guard will enforce safety zones surrounding vessels involved in Coast Guard training exercises in Hood Canal, WA, from August 19, 2019, through August 23, 2019. This enforcement is necessary to ensure the safety of the maritime public and vessels near training exercises. During the enforcement period, entry into the safety zones is prohibited, unless authorized by the Captain of the Port or her Designated Representative.

The Coast Guard establishes two security zones. One of the zones is a temporary fixed security zone for the receiving facility's mooring basin while the Liquefied Natural Gas (LNGC) FUJI LNG is moored at the facility. The other zone is a moving security zone encompassing all navigable waters within a 500-yard radius around the LNGC FUJI LNG while the vessel transits with cargo in the La Quinta Channel and Corpus Christi Ship Channel in Corpus Christi, TX. The security zones are needed to protect personnel, vessels, and the marine environment from potential hazards created by Liquified Natural Gas (LNG) cargo aboard the vessel. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port Sector Corpus Christi.

The Federal Communications Commission (Commission) is correcting a final rule that published in the Federal Register on November 14, 2016. The document issued the final rules for the Use of Spectrum Bands Above 24 GHz for Mobile Radio Services, GN Docket No. 14-177, FCC 16-89. The Socorro and White Sands coordination zones contained in the Commission's Rules were not correctly published in the Federal Register. This document corrects the final regulation.

The Environmental Protection Agency (EPA) issued a final rule on April 5, 2019, entitled ``Air Quality State Implementation Plans; Arizona: Approval and Conditional Approval of State Implementation Plan Revisions; Maricopa County Air Quality Department; Stationary Source Permits.'' This document makes a minor change to the April 5, 2019, action to correct an error in the regulatory text for the rule.

The U.S. Department of Energy (DOE) proposes to streamline its test procedure waiver decision-making process to require the Department to notify, in writing, an applicant for an interim waiver of the disposition of the request within 30 business days of receipt of the application. Should DOE fail to satisfy this requirement, the request for interim waiver would be deemed granted based on the criteria in DOE regulations. Specifically, DOE regulations require that DOE grant an interim waiver if it determines that it is desirable for public policy reasons to grant immediate relief pending a determination of the petition for waiver. An interim waiver would remain in effect until a waiver decision is published or until DOE publishes a new or amended test procedure that addresses the issues presented in the application, whichever is earlier. This proposal is intended to address delays in DOE's current process for considering requests for interim waivers and waivers from the DOE test method, which in turn can result in significant delays for manufacturers in bringing new and innovative products to market.

This document contains proposed regulations that provide guidance under new section 1400Z-2 of the Internal Revenue Code (Code) relating to gains that may be deferred as a result of a taxpayer's investment in a qualified opportunity fund (QOF), as well as special rules for an investment in a QOF held by a taxpayer for at least 10 years. This document also contains proposed regulations that update portions of previously proposed regulations under section 1400Z-2 to address various issues, including: the definition of ``substantially all'' in each of the various places it appears in section 1400Z-2; the transactions that may trigger the inclusion of gain that a taxpayer has elected to defer under section 1400Z-2; the timing and amount of the deferred gain that is included; the treatment of leased property used by a qualified opportunity zone business; the use of qualified opportunity zone business property in the qualified opportunity zone; the sourcing of gross income to the qualified opportunity zone business; and the ``reasonable period'' for a QOF to reinvest proceeds from the sale of qualifying assets without paying a penalty. These proposed regulations will affect QOFs and taxpayers that invest in QOFs.