July 8, 2019 – Federal Register Recent Federal Regulation Documents

Amendments to Material Control and Accounting Regulations
Document Number: 2019-14478
Type: Proposed Rule
Date: 2019-07-08
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is discontinuing a rulemaking activity that would have consolidated and revised the material control and accounting requirements for special nuclear material. The purpose of this action is to inform members of the public of the discontinuation of the rulemaking activity and to provide a brief discussion of the NRC's decision. The rulemaking activity will no longer be reported in the NRC's portion of the Unified Agenda of Regulatory and Deregulatory Actions (the Unified Agenda).
Energy Conservation Program: Energy Conservation Standards for Variable Refrigerant Flow Multi-Split Air Conditioners and Heat Pumps
Document Number: 2019-14461
Type: Proposed Rule
Date: 2019-07-08
Agency: Department of Energy
The U.S. Department of Energy (DOE) is publishing an analysis of the energy savings potential of amended industry consensus standards for certain classes of variable refrigerant flow multi-split air conditioners and heat pumps (VRFs), which are a type of commercial and industrial equipment. The Energy Policy and Conservation Act of 1975, as amended (EPCA), requires DOE to evaluate and assess whether there is a need to update its energy conservation standards following changes to the relevant industry consensus standards in the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 90.1 (ASHRAE Standard 90.1), Additionally under EPCA, DOE must review its standards for this equipment at least once every six years and publish either a notice of proposed rulemaking (NOPR) to propose new standards for VRFs or a notice of determination that the existing standards do not need to be amended. Accordingly, DOE is also initiating an effort to determine whether to amend the current energy conservation standards for classes of VRFs for which DOE has tentatively determined that the ASHRAE Standard 90.1 levels have not been updated to be more stringent than the current Federal standards. This document solicits information from the public to help DOE determine whether amended standards for VRFs would result in significant energy savings and whether such standards would be technologically feasible and economically justified. DOE welcomes written comments from the public on any subject within the scope of this document (including topics not raised in this document), as well as the submission of data and other relevant information.
Significant New Use Rules on Certain Chemical Substances (19-3.B)
Document Number: 2019-14431
Type: Proposed Rule
Date: 2019-07-08
Agency: Environmental Protection Agency
EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 3 chemical substances which are the subject of premanufacture notices (PMNs). This action would require persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these 3 chemical substances for an activity that is designated as a significant new use by this proposed rule. This action would further require that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice, and EPA has conducted a review of the notice, made an appropriate determination on the notice under TSCA 5(a)(3), and has taken any risk management actions as are required as a result of that determination.
Anchorage Regulations; Passagassawakeag River, Belfast, ME
Document Number: 2019-14428
Type: Rule
Date: 2019-07-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing two special anchorage areas in the Passagassawakeag River in the vicinity of Belfast, ME. This proposed action is necessary to facilitate safe navigation in that area and provide safe and secure anchorages for vessels less than 65 feet in length. This action is intended to increase the safety of life and property in the Passagassawakeag River in the vicinity of Belfast, improve the safety of anchored vessels, and provide for the overall safe and efficient flow of vessel traffic and commerce.
Safety Zone; New Jersey Intracoastal Waterway, Atlantic City, NJ
Document Number: 2019-14420
Type: Rule
Date: 2019-07-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone for certain navigable waters of the New Jersey Intracoastal Waterway. The safety zone is needed to protect participants of the Jim Whelan Open Water Festival on these navigable waters near Atlantic City, NJ, during a swim event on July 14, 2019. This regulation prohibits non- participant persons and vessels from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port (COTP) Delaware Bay or a designated representative.
Airworthiness Directives; Bombardier, Inc., Airplanes
Document Number: 2019-14416
Type: Rule
Date: 2019-07-08
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model CL-600-2D15 (Regional Jet Series 705), CL-600-2D24 (Regional Jet Series 900), and CL-600-2E25 (Regional Jet Series 1000) airplanes. This AD was prompted by reports that certain aft fuselage fittings are susceptible to cracking because they were not manufactured correctly. This AD requires replacement of those fittings with correctly manufactured parts, an eddy current inspection of certain fastener holes for cracking, and corrective actions if necessary. The FAA is issuing this AD to address the unsafe condition on these products.
Airworthiness Directives; Bombardier, Inc., Airplanes
Document Number: 2019-14415
Type: Rule
Date: 2019-07-08
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This AD was prompted by reports of low clearance between the variable frequency generator (VFG) power feeder cables and adjacent hydraulic lines and/or fuel lines in the aft equipment bay, which could cause chafing damage. This AD requires modifying the routing of the VFG power feeder cables and harnesses in the aft equipment bay. The FAA is issuing this AD to address the unsafe condition on these products.
Airworthiness Directives; Airbus SAS Airplanes
Document Number: 2019-14413
Type: Rule
Date: 2019-07-08
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 airplanes. This AD was prompted by a report that the capability of the diagonal struts fitted at a certain frame is below the expected design specifications. This AD requires replacing the original diagonal struts at a certain frame with new, improved parts, as specified in an European Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Airworthiness Directives; Bombardier, Inc., Airplanes
Document Number: 2019-14412
Type: Rule
Date: 2019-07-08
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model DHC-8-102, -103, and -106 airplanes; Model DHC-8-200 series airplanes; and Model DHC-8-300 series airplanes. This AD was prompted by the reported loss of an elevator spring tab balance weight prior to takeoff. This AD requires inspecting the two balance weights and the two hinge arms on each elevator spring tab, and corrective actions if necessary. The FAA is issuing this AD to address the unsafe condition on these products.
Acetic Acid Ethenyl Ester, Polymer With Ethene and Ethenol; Tolerance Exemption
Document Number: 2019-14396
Type: Rule
Date: 2019-07-08
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of acetic acid ethenyl ester, polymer with ethene and ethenol; when used as an inert ingredient in a pesticide chemical formulation. Keller and Heckman LLP. on behalf of Kuraray American, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of acetic acid ethenyl ester, polymer with ethene and ethenol on food or feed commodities.
Designation of Music Licensing Collective and Digital Licensee Coordinator
Document Number: 2019-14376
Type: Rule
Date: 2019-07-08
Agency: Library of Congress, Agencies and Commissions
Pursuant to title I of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act, and following a solicitation of proposals and public comment on those proposals, the Register is designating the entities who will perform certain functions relating to the compulsory license for digital music providers to make and distribute digital phonorecord deliveries. For the reasons published in this document, the Register designates Mechanical Licensing Collective, Inc. as the mechanical licensing collective and Digital Licensee Coordinator, Inc. as the digital licensee coordinator, including their individual proposed board members.
Mallows Bay-Potomac River National Marine Sanctuary Designation
Document Number: 2019-14368
Type: Rule
Date: 2019-07-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration (NOAA) issues final regulations to implement the designation of the Mallows Bay-Potomac River National Marine Sanctuary (MPNMS or sanctuary). The area is 18 square miles of waters and submerged lands encompassing and surrounding the Mallows Bay area of the tidal Potomac River. The area is located entirely within Maryland state waters, adjacent to the Nanjemoy Peninsula of Charles County, Maryland. The sanctuary protects nationally-significant maritime cultural heritage resources, including the fragile, historic remains of more than 100 World War I (WWI)-era U.S. Emergency Fleet Corporation (USEFC) wooden steamships known as the ``Ghost Fleet,'' vessels related to the historic ship-breaking operations, other non-USEFC vessels of historic significance, and related maritime debris fields. The area also includes Native American sites, remains of historic fisheries operations, and Revolutionary and Civil War battlescapes. The significance of the area is recognized through its listing on the National Register of Historic Places (National Register Listing Number 15000173, April 24, 2015). NOAA, the State of Maryland, and Charles County, Maryland, will jointly manage MPNMS.
Air Plan Approval; Indiana; Redesignation of the Terre Haute Area to Attainment of the 2010 Sulfur Dioxide Standard
Document Number: 2019-14359
Type: Rule
Date: 2019-07-08
Agency: Environmental Protection Agency
In accordance with the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is redesignating the Terre Haute, Indiana area from nonattainment to attainment for the 2010 sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). The area consists of Fayette and Harrison Townships in Vigo County, Indiana. EPA is also approving, as a revision to the Indiana State Implementation Plan (SIP), Indiana's maintenance plan for this area. EPA proposed to approve Indiana's redesignation request and maintenance plan on May 3, 2019.
Compliance Policy for Certain Compounding of Oral Oxitriptan (5-HTP) Drug Products for Patients With Tetrahydrobiopterin (BH4) Deficiency; Immediately in Effect Guidance for Industry; Availability
Document Number: 2019-14355
Type: Rule
Date: 2019-07-08
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA, we, or the Agency) is announcing the availability of an immediately in effect guidance for industry entitled ``Compliance Policy for Certain Compounding of Oral Oxitriptan (5-HTP) Drug Products for Patients With Tetrahydrobiopterin (BH4) Deficiency.'' This guidance describes FDA's policy concerning the conditions under which the Agency does not generally intend to take regulatory action against a licensed pharmacist in a State-licensed pharmacy or Federal facility or a licensed physician using the bulk drug substance oxitriptan (also known as 5-hydroxytryptophan or 5-HTP) to compound oral drug products for patients with tetrahydrobiopterin (BH4) deficiency. FDA developed this guidance in response to communications from pharmacists and caregivers regarding the use of oxitriptan to treat patients with BH4 deficiency following issuance of a final rule that placed oxitriptan on the list of substances that cannot be used to compound drug products in accordance with certain compounding provisions of the Federal Food, Drug, and Cosmetic Act (FD&C Act).
National Flood Insurance Program (NFIP); Revisions to Methodology for Payments To Write Your Own (WYO) Companies
Document Number: 2019-14343
Type: Proposed Rule
Date: 2019-07-08
Agency: Federal Emergency Management Agency, Department of Homeland Security
As directed by the Biggert-Waters Flood Insurance Reform Act of 2012, the Federal Emergency Management Agency (FEMA) intends to modify the way it pays private insurance companies participating in the Write Your Own (WYO) Program. FEMA seeks comment regarding possible approaches to incorporating actual flood insurance expense data into the payment methodology that FEMA uses to determine the amount of payments to WYO companies.
Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2019-20 Season
Document Number: 2019-14319
Type: Proposed Rule
Date: 2019-07-08
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (hereinafter, Service or we) proposes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2019-20 migratory bird hunting season.
Airworthiness Directives; Rockwell Collins, Inc. Flight Display System Application
Document Number: 2019-14307
Type: Rule
Date: 2019-07-08
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain part-numbered Rockwell Collins, Inc. (Rockwell Collins) FDSA- 6500 flight display system applications installed on airplanes. This AD imposes operating limitations on the traffic collision avoidance system (TCAS) by revising the Limitations section of the airplane flight manual (AFM) or AFM supplement (AFMS) and installing a placard on each aircraft primary flight display. This AD was prompted by a conflict between the TCAS display indications and aural alerts that may occur during a resolution advisory (RA) scenario. The FAA is issuing this AD to require actions that address the unsafe condition on these products.
Safety Standard for Gates and Enclosures
Document Number: 2019-14295
Type: Proposed Rule
Date: 2019-07-08
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Improvement Act of 2008 (CPSIA) requires the United States Consumer Product Safety Commission (Commission or CPSC) to promulgate consumer product safety standards for durable infant or toddler products. Accordingly, the Commission is proposing a safety standard for gates and enclosures in response to the direction under Section 104(b) of the CPSIA. The Commission is also amending its regulations regarding third party conformity assessment bodies to include the safety standard for gates and enclosures in the list of notice of requirements (NORs) issued by the Commission.
Airworthiness Directives; Airbus SAS Airplanes
Document Number: 2019-14286
Type: Proposed Rule
Date: 2019-07-08
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A320-251N and -271N airplanes, and Model A321- 251N, -253N, -271N, and -272N airplanes. This proposed AD was prompted by reports that the regulated bleed temperature was measured above the design target with a temperature regulation shift phenomenon, and investigation results show that incorrect temperature regulation can degrade pneumatic system components located downstream of the pre- cooler. This proposed AD would require uploading improved bleed monitoring computer (BMC) software (SW), 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.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2019-14285
Type: Proposed Rule
Date: 2019-07-08
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD was prompted by a report of a fuel leak resulting from a crack on the left in-spar upper wing skin. This proposed AD would require repetitive surface high frequency eddy current (HFEC) inspections of the left and right upper wing skin, and repetitive general visual inspections of the upper wing skin in the adjacent rib bay areas for any crack, and applicable on-condition actions. The FAA is proposing this AD to address the unsafe condition on these products.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2019-14284
Type: Proposed Rule
Date: 2019-07-08
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede Airworthiness Directive (AD) 2017-12-07, which applies to certain The Boeing Company Model 737-800, -900, and -900ER series airplanes. AD 2017-12-07 requires replacing the affected left temperature control valve and control cabin trim air modulating valve. Since the FAA issued AD 2017-12-07, the agency determined that the affected parts may be installed on airplanes outside the original applicability of AD 2017-12-07. This proposed AD would retain the requirements of AD 2017-12-07, expand the applicability to include those other airplanes, and add a new requirement for certain airplanes to identify and replace the affected parts. The FAA is proposing this AD to address the unsafe condition on these products.
Mail Classification Schedule
Document Number: 2019-14275
Type: Rule
Date: 2019-07-08
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission adopts final rules that require the Postal Service to provide additional information when it proposes updates to the size and weight limitations applicable to market dominant mail matter.
Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Amendments to the Control of Emissions of Volatile Organic Compounds From Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations
Document Number: 2019-14259
Type: Proposed Rule
Date: 2019-07-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve part of a state implementation plan (SIP) revision submitted by the District of Columbia (the District) on August 29, 2018. The part of the August 29, 2018 SIP revision being proposed for approval is an update to the 2002 Mobile Equipment Repair and Refinishing (MERR) model rule to incorporate the Ozone Transport Commission's (OTC) 2009 Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations regulations (MVMERR) model rule, which was adopted by the District in 2016. The MVMERR rules establish volatile organic compounds (VOC) content limits for coating and cleaning solvents used in vehicle refinishing and standards for coating application, work practices, monitoring, and recordkeeping. The remaining part of the August 29, 2018 SIP revision addressed the District's VOC Reasonable Available Control Technology (RACT) requirements for the 2008 ozone national ambient air quality standards (NAAQS). EPA will address the VOC RACT portion of the SIP revision in a separate rulemaking action. This action is being taken under the Clean Air Act (CAA).
Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Pinal County Air Quality Control District; Control of Emissions From Existing Municipal Solid Waste Landfills
Document Number: 2019-14250
Type: Proposed Rule
Date: 2019-07-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a state plan submitted by the Pinal County Air Quality Control District (PCAQCD). For the purposes of this plan, the PCAQCD is considered a ``State'' as defined in the ``Standards of Performance for New Stationary Sources''. This state plan submittal pertains to the regulation of landfill gas and its components, including methane, from existing municipal solid waste (MSW) landfills. This state plan was submitted in response to the EPA's promulgation of Emissions Guidelines and Compliance Times for MSW landfills. This action is being taken under the Clean Air Act (CAA).
Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Arizona; Control of Emissions From Existing Municipal Solid Waste Landfills
Document Number: 2019-14245
Type: Proposed Rule
Date: 2019-07-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a state plan submitted by the State of Arizona. This state plan submittal pertains to the regulation of landfill gas and its components, including methane, from existing municipal solid waste (MSW) landfills. Arizona's state plan was submitted in response to the EPA's promulgation of Emissions Guidelines and Compliance Times for MSW landfills. This action is being taken under the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to Administrative Rules of Montana
Document Number: 2019-14243
Type: Proposed Rule
Date: 2019-07-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Montana on February 23, 2017. The revisions are to the Administrative Rules of Montana (ARM) open burning and permitting regulations to align the ARM with the current Montana Code Annotated (MCA) procedures for appealing a permit and requesting a hearing. The EPA is taking this action pursuant to the Clean Air Act (CAA).
Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits
Document Number: 2019-14226
Type: Rule
Date: 2019-07-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA amends its Hazardous Materials Safety Permit regulations to incorporate by reference the April 1, 2018, edition of the Commercial Vehicle Safety Alliance's (CVSA) ``North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of- Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403.'' The Out-of-Service Criteria provide uniform enforcement tolerances for roadside inspections to enforcement personnel nationwide, including FMCSA's State partners.
Certification for Conducting Driver or Vehicle Inspections, Safety Audits, or Investigations
Document Number: 2019-14224
Type: Proposed Rule
Date: 2019-07-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA proposes to incorporate by reference the current policy and practices for FMCSA employees, State or local government employees, and contractors to obtain and maintain certifications for conducting driver or vehicle inspections, safety audits, or investigations. The Fixing America's Surface Transportation Act (FAST Act) requires FMCSA to incorporate by reference in its regulations the Commercial Vehicle Safety Alliance's (CVSA) ``Operational Policy 4: Inspector Training and Certification.'' The CVSA policy is currently Attachment A to FMCSA's ``Certification Policy for Employees Who Perform Inspections, Investigations, and Safety Audits.'' This proposed rule, if adopted, also would replace an interim final rule (IFR) in place since 2002 that referenced the certification procedures published on the FMCSA website. FMCSA proposes to replace selected provisions of the IFR by incorporating by reference the FMCSA policy. No changes would be made to the certification policy or procedures currently followed by individuals to obtain and maintain certification to conduct driver or vehicle inspections, safety audits, or investigations. Other provisions of the IFR would be republished without change.
Air Plan Approval; North Carolina: Amendments of Air Quality Rules
Document Number: 2019-14143
Type: Proposed Rule
Date: 2019-07-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the North Carolina Department of Environmental Quality, Division of Air Quality (DAQ), through a letter dated March 21, 2018, readopting and amending air quality rules related to transportation conformity requirements in the State of North Carolina. This action is being taken pursuant to section 110 of the Clean Air Act (CAA or Act).
Repeal of the Clean Power Plan; Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guidelines Implementing Regulations
Document Number: 2019-13507
Type: Rule
Date: 2019-07-08
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is finalizing three separate and distinct rulemakings. First, the EPA is repealing the Clean Power Plan (CPP) because the Agency has determined that the CPP exceeded the EPA's statutory authority under the Clean Air Act (CAA). Second, the EPA is finalizing the Affordable Clean Energy rule (ACE), consisting of Emission Guidelines for Greenhouse Gas (GHG) Emissions from Existing Electric Utility Generating Units (EGUs) under CAA section 111(d), that will inform states on the development, submittal, and implementation of state plans to establish performance standards for GHG emissions from certain fossil fuel-fired EGUs. In ACE, the Agency is finalizing its determination that heat rate improvement (HRI) is the best system of emission reduction (BSER) for reducing GHGspecifically carbon dioxide (CO2)emissions from existing coal-fired EGUs. Third, the EPA is finalizing new regulations for the EPA and state implementation of ACE and any future emission guidelines issued under CAA section 111(d).
Copyright Royalty Board Regulations Regarding Procedures for Determination and Allocation of Assessment To Fund Mechanical Licensing Collective and Other Amendments Required by the Hatch-Goodlatte Music Modernization Act
Document Number: 2019-13292
Type: Rule
Date: 2019-07-08
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges (Judges) adopt regulations governing proceedings to determine the reasonableness of, and allocate responsibility to fund, the operating budget of the Mechanical Licensing Collective authorized by the Music Modernization Act (MMA). The Judges also adopt proposed amendments to extant rules as required by the MMA.
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