June 2019 – Federal Register Recent Federal Regulation Documents

We are adopting a new airworthiness directive (AD) for Leonardo S.p.A. (type certificate previously held by Finmeccanica S.p.A., AgustaWestland S.p.A.) Model AW139 helicopters. This AD requires inspecting and altering the number 1 driveshaft (driveshaft). This AD was prompted by reports of scratches that were found on the driveshaft. The actions of this AD are intended to address an unsafe condition on these products.

To address America's skills gap and expand the apprenticeship model to new industries, the U.S. Department of Labor proposes a rule under the National Apprenticeship Act (NAA) to establish a process for recognizing Standards Recognition Entities (SREs), which will in turn recognize Industry-Recognized Apprenticeship Programs (Industry Programs). This proposed rule describes what entities may become SREs; outlines the responsibilities and requirements for SREs, as well as the hallmarks of the high-quality apprenticeship programs they will recognize; and sets out how the Administrator of the Office of Apprenticeship will interact with SREs. The proposed rule also describes how Industry Programs would operate in parallel with the existing registered apprenticeship system. The Department believes its industry-led, market-driven approach provides the flexibility necessary to scale the apprenticeship model where it is needed most and helps address America's skills gap.

The Coast Guard will enforce the safety zone for the EQT 4th of July Fireworks to provide for the safety of persons, vessels, and the marine environment on the navigable waters of the Allegheny, Ohio, and Monongahela River during this event. Our regulation for the marine events within the Eighth Coast Guard District identifies the regulated area for the event in Pittsburgh, PA. During the enforcement periods, entry into this zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh or a designated representative.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A330-200 Freighter, A330-200, and A330-300 series airplanes. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA is proposing this AD to address the unsafe condition on these products.

In this document the Federal Communications Commission (FCC or Commission) invites comments on proposed revisions to its rules implementing the Telephone Consumer Protection Act and seeks comment on issues pertaining to the implementation of SHAKEN/STIR. The Commission proposes: A safe harbor for call-blocking programs targeting unauthenticated calls, which may be potentially spoofed; safeguards to ensure that the most important calls are not blocked; and to require voice service providers to implement the SHAKEN/STIR Caller ID Authentication framework, in the event major voice service providers have failed to do so by the end of this year.

The Environmental Protection Agency (EPA) is proposing to approve, under the Clean Air Act (CAA), two State Implementation Plan (SIP) revision submittals, submitted by Ohio and West Virginia, respectively. Ohio's requested SIP revision was submitted to EPA through the Ohio Environmental Protection Agency (OEPA) on April 1, 2015 with supplemental submissions on October 13, 2015 and March 25, 2019, with expectation of an additional submittal within two to three months. This additional submittal is expected to include final, adopted limits corresponding to the limits in proposed form in the March 25, 2019 submittal. West Virginia's requested SIP revision was submitted to EPA through the West Virginia Department of Environmental Protection (WVDEP) on April 25, 2016 with a supplemental submission from WVDEP on November 27, 2017 and a clarification letter on May 1, 2019. The Ohio and West Virginia submittals include each State's attainment demonstration for the Steubenville Ohio-West Virginia sulfur dioxide (SO2) nonattainment area (hereinafter ``Steubenville Area'' or ``Area''). Each state plan contains an attainment demonstration, enforceable emission limits and control measures and other elements required under the CAA to address the nonattainment area requirements for the Steubenville Area. EPA proposes to conclude that the Ohio and West Virginia attainment plan submittals demonstrate that the provisions in the States' respective plans provide for attainment of the 2010 1-hour primary SO2 national ambient air quality standard (NAAQS) in the entire Steubenville Area and meet the requirements of the CAA. EPA is also proposing to approve into the West Virginia SIP new emissions limits, operational restrictions, and associated compliance requirements for Mountain State Carbon, and proposing to approve into the Ohio SIP the limits on emissions from Mingo Junction Energy Center and JSW Steel as well as the proposed limits for the Cardinal Power Plant.

This action corrects a final rule published in the Federal Register on June 7, 2019, amending Class E airspace extending upward from 700 feet or more above the surface in Monroe, GA. The legal description listed the airport name as Monroe-County Airport. The correct name is Monroe-Walton County Airport.

In this document, the Federal Communications Commission (FCC or Commission) clarifies that voice service providers may offer consumers programs to block unwanted calls through analytics (call- blocking programs) on an informed opt-out basis and may block calls from numbers not in a consumer's contact list (white-list programs). The Commission also reminds voice service providers that protecting emergency communications is paramount. Finally, the Commission directs the Consumer and Governmental Affairs Bureau (CGB), in consultation with the Wireline Competition Bureau (WCB) and Public Safety and Homeland Security Bureau (PSHSB), to prepare two reports on the state of deployment of advanced methods and tools to eliminate such calls.

VA provides notification that the agency has issued a class deviation from VA Acquisition Regulation (VAAR) Part 808Required Sources of Supplies and Services. VA is amending the VAAR to implement the Federal Circuit's mandate. VA has determined that publication of this notification in the Federal Register would be beneficial to both the agency's acquisition workforce and industry stakeholders. The class deviation, which is effective May 20, 2019, was issued to immediately implement the Federal Circuit's mandate, and this publication is to further notify the public in order to avoid confusion regarding applicable policy and to make conforming amendments to the CFR. The public is invited to submit comments on VA's approach to implementing the Federal Circuit mandate, as set forth in the class deviation and the conforming amendments to the CFR set forth in this publication.

The FAA proposes to supersede airworthiness directive (AD) 2016-24-08 which applies to all Rolls-Royce plc (RR) RB211-Trent 875- 17, RB211-Trent 877-17, RB211-Trent 884-17, RB211-Trent 884B-17, RB211- Trent 892-17, RB211-Trent 892B-17, and RB211-Trent 895-17 model turbofan engines. AD 2016-24-08 requires repetitive inspections of the engine upper fairing and repair or replacement of any fairing that fails inspection. Since the FAA issued AD 2016-24-08, RR has developed a modification of the engine upper bifurcation nose fairing assembly that terminates the inspection requirements of this AD. This proposed AD would continue the repetitive inspections until the terminating action is performed at the next engine shop visit. The FAA is proposing this AD to address the unsafe condition on these products.

The Coast Guard is establishing a temporary safety zone for navigable waters in the vicinity of Detroit, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the Tuskegee Airmen River Days Airshow.

The Environmental Protection Agency (EPA) is approving revisions to the open burning standards in the Ohio State Implementation Plan (SIP) under the Clean Air Act (CAA). On June 4, 2018, the Ohio Environmental Protection Agency (Ohio) requested the approval of its revised open burning rules, which include changes pertaining to certain types of open burning, adding requirements for air curtain burners, allowing law enforcement to burn seized drugs, further restricting the materials that may be burned, and updating definitions and references. Ohio is in attainment of the National Ambient Air Quality Standards (NAAQS) for particulate matter.

This regulation establishes tolerances for residues of trifloxystrobin in or on tea (dried and instant). Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A320-251N and A321-253N airplanes. This proposed AD was prompted by reports of cracks on the pylon block seals. This proposed AD would require replacement of the pylon block seals, as specified in a European Aviation Safety Agency (EASA) AD, which will be incorporated by reference. The FAA is proposing this AD to address the unsafe condition on these products.

The U.S. Small Business Administration (SBA or Agency) proposes to modify its method for calculating annual average receipts used to prescribe size standards for small businesses. Specifically, consistent with a recent amendment to the Small Business Act, SBA proposes to change its regulations on the calculation of annual average receipts for all receipts-based SBA size standards and other agencies' proposed size standards for service-industry firms from a 3-year averaging period to a 5-year averaging period.

The U.S. Department of Labor (Department) is issuing a Notice of Proposed Rulemaking (NPRM) that, if finalized, would give States increased flexibility in their administration of Employment Service (ES) activities funded under the Wagner-Peyser Act. The proposed changes would modernize the regulations to align them with the flexibility allowed under the Workforce Innovation and Opportunity Act (WIOA). The changes would also give States the flexibility to staff employment and farmworker-outreach services in the most effective and efficient way, using a combination of State employees, local government employees, contracted services, and other staffing models in the way that makes the most sense for them. This in turn could leave more resources to help employers find employees, and to help employees find the work they need. The proposed changes are also consistent with Executive Order (E.O.) 13777, which requires the Department to identify outdated, inefficient, unnecessary, or overly burdensome regulations that should be repealed, replaced, or modified.

The Coast Guard will enforce the annual Seafair Air Show Performance safety zone on Lake Washington, Seattle, WA daily, from 8 a.m. until 4 p.m., from August 1, 2019, through August 4, 2019. This action is necessary to ensure the safety of the public from inherent dangers associated with these annual aerial displays. During the enforcement period, no person or vessel may enter or transit this safety zone unless authorized by the Captain of the Port or her designated representative.

The Coast Guard will enforce a safety zone for the Chicago Air and Water Show on a portion of Lake Michigan, from August 15, 2019 through August 18, 2019. This action is intended to protect the safety of life on the navigable waterway immediately before, during, and after this event. During the enforcement period listed below, no vessel may transit this safety zone without approval from the Captain of the Port, Lake Michigan or a designated representative.

The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry describing the Agency's current thinking on how to determine the number of employees for purposes of the ``small business'' definition in the current good manufacturing practice (CGMP), hazard analysis, and risk-based preventive controls for human and animal food rules. The guidance will help industry subject to these rules determine the number of employees for purposes of the ``small business'' definition.

The Food and Drug Administration (FDA, Agency, we) is holding a public hearing on September 17, 2019, entitled ``Standards for Future Opioid Analgesic Approvals and Incentives for New Therapeutics to Treat Pain and Addiction.'' The Agency today is issuing a draft guidance on the application of FDA's existing benefit-risk assessment framework to applications for approval of opioid analgesic drugs. This public hearing is intended to receive stakeholder input on the approval process for new opioids and how FDA might best consider the existing armamentarium of therapies, among other factors, in reviewing applications for new opioids to treat pain. FDA also seeks input on potential new preapproval incentives aimed at fostering the development of new therapeutics to treat pain, as well as new treatments for addiction.

The Coast Guard is removing the existing drawbridge operation regulation for the Memorial Bridge (Veteran's Memorial/Orange Ave/CR 4050) across the Atlantic Intracoastal Waterway (Halifax River), mile 830.6, at Daytona Beach, FL. The drawbridge was removed in 2018 and is being replaced with a fixed bridge. The operating regulation is no longer applicable or necessary.

The Coast Guard is modifying the operating schedule that governs the Buffalo Bluff CSX Railroad Bridge across the St. Johns River, mile 94.5, at Satsuma, Putnam County, FL. The rule allows the bridge to be remotely monitored and operated from the CSX Railroad Bridge across the Ortega River (McGirts Creek) located at mile 1.1 on the Ortega River. The rule also allows the draw to remain in the full, open position unless a train is in the circuit.

This final rule removes the Department of Defense (DoD) regulation, not updated since March 23, 1989, relating to the general procedures and delegations of authority of the Board of Regents (BOR), Uniformed Services University of the Health Sciences' (University), which includes the composition of the BOR, administrative procedures for its meetings, and voting requirements. The regulation also identifies a standing committee of the BOR, officers of the BOR and the University, and rules for amending the BOR's procedures. Because the BOR is now a federal advisory committee, its policies and procedures do not require rulemaking, and it no longer appoints officers of the University. Therefore, this rule is outdated, unnecessary and can be removed from the Code of Federal Regulations (CFR).

The Coast Guard is establishing a temporary safety zone for certain waters of the Columbia River near Umatilla, OR. This action is necessary to provide for the safety of life on these navigable waters during a fireworks display on June 22, 2019. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Columbia River or a designated representative.

The Coast Guard will enforce the safety zone on the Kewaunee Harbor, Kewaunee, WI, for the City of Kewaunee Fireworks Display from 9 p.m. through 10 p.m. on July 3, 2019. This action is needed to better protect the safety of life on navigable waters immediately prior to, during, and after the fireworks display. During the enforcement period, entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or his or her designated representative.