July 2019 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) Region 8 is issuing a Notice of Intent to Delete the Mystery Bridge Rd./U.S. Highway 20 Superfund Site (Site) located in Evansville, WY, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Wyoming, through the Wyoming Department of Environmental Quality (WDEQ), have determined that all appropriate response actions under CERCLA, [other than maintenance of institutional controls and five-year reviews], have been completed. However, this deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) Region 5 is issuing a Notice of Intent to Delete all soil and five aquatic sites in Operable Unit 2 (OU2) of the New Brighton/Arden Hills/TCAAP Superfund Site in Minnesota from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Minnesota, through the Minnesota Pollution Control Agency (MPCA), have determined that all appropriate response actions identified for soil and these five aquatic sites in OU2 under CERCLA, other than operation and maintenance, monitoring and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

This document announces the fee that HUD will collect from borrowers of loans guaranteed under HUD's Section 108 Loan Guarantee Program (Section 108 Program) to offset the credit subsidy costs of the guaranteed loans pursuant to commitments awarded in Fiscal Year 2020.

NMFS is transferring 30 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the Harpoon category. With this transfer, the adjusted Harpoon category quota for the 2019 fishing season is 76 mt. The 2019 Harpoon category fishery is open until November 15, 2019, or until the Harpoon category quota is reached, whichever comes first. The action is based on consideration of the regulatory determination criteria regarding inseason adjustments, and applies to Atlantic tunas Harpoon category (commercial) permitted vessels.

This final rule revises the list of offenses permanently disqualifying individuals from operating a commercial motor vehicle (CMV) for which a commercial drivers' license or a commercial learner's permit is required. This final rule reflects a change made by Congress in the ``No Human Trafficking on Our Roads Act'' (the Act) which prohibits an individual from operating a CMV for life if that individual uses a CMV in committing a felony involving a severe form of human trafficking, adding to the list of other disqualifying offenses identified in statute. A list of these disqualifying offenses already exists in the FMCSRs; this final rule is necessary to update that list to include the new disqualifying offense established by the Act. This final rule also sets a deadline for States to come into substantial compliance with this requirement.

NMFS is reapportioning the seasonal apportionments of the 2019 Pacific halibut prohibited species catch (PSC) limits for the trawl deep-water and shallow-water species fishery categories in the Gulf of Alaska. This action is necessary to account for the actual halibut PSC use by the trawl deep-water and shallow-water species fishery categories from May 15, 2019 through June 30, 2019. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska.

In December 2010, the U.S. Consumer Product Safety Commission (Commission or CPSC) published a consumer product safety standard for full-size baby cribs (FS cribs). The standard incorporated by reference the applicable ASTM voluntary standard. ASTM has since published several revisions to the voluntary standard for FS cribs. We are publishing this direct final rule, revising the CPSC's mandatory standard for FS cribs to incorporate by reference the most recent version of the applicable ASTM standard.

This proposed rule would revise one section of our regulations to provide that the current list of areas in Indian Country with Courts of Indian Offenses (also known as CFR Courts) will be published and updated in the Federal Register and on the Bureau of Indian Affairs (BIA) website. Currently, that section of the Code of Federal Regulations, itself, lists the areas in Indian Country with CFR Courts, requiring a rulemaking each time a court is added or deleted. Allowing for publication in the Federal Register, in lieu of a rulemaking, will better keep Tribal members and the public updated on the current status of the Courts of Indian Offenses.

This action establishes Class E airspace extending upward from 700 feet above the surface at Cortland County Airport-Chase Field, Cortland, NY; Elmira/Corning Regional Airport, Elmira/Corning, NY; Ithaca Tompkins Regional Airport, Ithaca, NY; and Tri-Cities Airport, Endicott, NY to accommodate area navigation (RNAV) global positioning system (GPS) standard instrument approach procedures (SIAPs) serving these airports. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 737 series airplanes. This AD was prompted by a report that structural fatigue cracks can develop in certain aluminum pressure module check valves prior to the design limit. This AD requires an inspection to determine the part numbers of the four hydraulic systems A and B pressure module check valves and applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.

This rule is promulgated to implement the Adoptive Family Relief Act (the Act), which allows for the waiver or refund of fees relating to the renewal or replacement of an immigrant visa for certain already-adopted children where the adopted child was unable to use his or her initially issued immigrant visa as a direct result of extraordinary circumstances. The Department is also amending its regulations regarding immigrant visa application procedures to cover new technologies, application forms, and procedures that have been implemented in recent years.

The U.S. Department of Energy (``DOE'') proposes to amend the test procedures for clothes dryers to provide additional direction in response to questions from manufacturers and test laboratories. DOE also proposes amendments to specify rounding requirements for all reported values; apply consistent use of nomenclature and correct typographical errors; and remove obsolete sections of the test procedures, including appendix D. DOE also seeks feedback from interested parties on issues such as consumer usage patterns and ``connected'' clothes dryer features. As part of this proposal, DOE is announcing a public meeting to solicit comments and data on its proposal. DOE also welcomes comment on changes to the test procedure to ensure that the test procedure measures the energy use of the clothes dryer during a representative average use cycle or period of use, and is not unduly burdensome to conduct.

This final rule removes Department of the Army's regulation concerning granting use of real property under the jurisdiction or control of the Department of the Army. The rule is being removed because its content is internal to the Department. Current policy and procedures on this subject can be found in internal documents.

On May 1, 2019, the U.S. Department of Energy (DOE) published a Notice of Proposed Rulemaking (NOPR) that proposed amendments to streamline its test procedure interim waiver decision-making process. The comment period for the NOPR ended on July 1, 2019. As a result of stakeholder requests, on June 26, 2019, DOE published a notice of webinar and an extension of the public comment period through July 15, 2019. During the webinar and shortly thereafter, stakeholders requested additional time to comment. Therefore, DOE has decided to reopen the comment period. This document announces that the period for submitting comments on the NOPR is to be re-opened.

The FDIC is amending its deposit insurance regulations to update one of the requirements that must be satisfied for an account to be separately insured as a joint account. Specifically, the final rule provides an alternative method to satisfy the ``signature card'' requirement. Under the final rule, the signature card requirement may be satisfied by information contained in the deposit account records of the insured depository institution establishing co-ownership of the deposit account, such as evidence that the institution has issued a mechanism for accessing the account to each co-owner or evidence of usage of the deposit account by each co-owner.

On May 2, 2019, the Federal Election Commission revised Commission regulations regarding the point of entry for filing campaign finance reports. That document inadvertently contained technical language having the effect of removing a portion of one of the regulations. This document corrects the final regulations.

The FAA announces the availability of the FAA's first set of clarifications to commenters' questions regarding the Notice of Proposed Rulemaking (NPRM) entitled ``Streamlined Launch and Reentry Licensing Requirements,'' which published in the Federal Register on April 15, 2019; a due date for submitting clarifying questions; and an extension of the comment period to allow commenters sufficient time to review the FAA's clarifications.

The FAA is adopting a new airworthiness directive (AD) for certain ATR-GIE Avions de Transport R[eacute]gional Model ATR72 airplanes. This AD was prompted by a determination that new or more restrictive maintenance instructions and airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance instructions and airworthiness limitations. The FAA is issuing this AD to address the unsafe condition on these products.

This action proposes to amend the Class D airspace, Class E surface airspace, and Class E airspace extending upward from 700 feet above the surface and establish a Class E airspace area designated as an extension to Class D and Class E surface areas at La Crosse Regional Airport, La Crosse, WI. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the La Crosse VHF omnidirectional range (VOR) navigation aid, which provided navigation information for the instrument procedures at this airport, as part of the VOR Minimum Operational Network (MON) Program. The geographic coordinates of La Crosse Regional Airport and the name of La Crosse Regional Airport and Mayo Clinic Health System-Franciscan Healthcare, La Crosse, WI, would also be updated to coincide with the FAA's aeronautical database. Airspace redesign is necessary for the safety and management of instrument flight rules (IFR) operations this airport.

This action proposes to amend the Class E airspace extending upward from 700 feet above the surface at St. James Municipal Airport, St. James, MN. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the Fairmont VHF omnidirectional range (VOR) navigation aid, which provided navigation information for the instrument procedures at this airport, as part of the VOR Minimum Operational Network (MON) Program. Airspace redesign is necessary for the safety and management of instrument flight rules (IFR) operations at this airport.

The Environmental Protection Agency (EPA) Region 4 is issuing a Notice of Intent to Delete 50 acres of the Escambia WoodPensacola Superfund Site (Site) located in Pensacola, Florida, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Florida, through the Florida Department of Environmental Protection (FDEP), have determined that all appropriate response actions at these identified parcels under CERCLA, other than operation and maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. This partial deletion pertains to 50 acres of former residential property in the former neighborhoods of Oak Park, Escambia Arms, Herman & Pearl and Clarinda Triangle, part of Operable Unit One (soils). The remaining areas of Operable Unit One (about 50 acres) and Operable Unit Two (groundwater) will remain on the NPL and are not being considered for deletion as part of this action.

The Environmental Protection Agency (EPA or Agency) is proposing to approve revisions to the Jefferson County portion of the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, through the Energy and Environment Cabinet (Cabinet), through a letter dated March 15, 2018. The revisions were submitted by the Cabinet on behalf of the Louisville Metro Air Pollution Control District (District, also referred to herein as Jefferson County). The SIP revision includes changes to Jefferson County Regulations regarding existing indirect heat exchangers.

The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation (collectively, the agencies) are adopting a final rule (final rule) to simplify certain aspects of the capital rule. The final rule is responsive to the agencies' March 2017 report to Congress pursuant to the Economic Growth and Regulatory Paperwork Reduction Act of 1996, in which the agencies committed to meaningfully reduce regulatory burden, especially on community banking organizations. The key elements of the final rule apply solely to banking organizations that are not subject to the advanced approaches capital rule (non- advanced approaches banking organizations). Under the final rule, non- advanced approaches banking organizations will be subject to simpler regulatory capital requirements for mortgage servicing assets, certain deferred tax assets arising from temporary differences, and investments in the capital of unconsolidated financial institutions than those currently applied. The final rule also simplifies, for non-advanced approaches banking organizations, the calculation for the amount of capital issued by a consolidated subsidiary of a banking organization and held by third parties (sometimes referred to as a minority interest) that is includable in regulatory capital. In addition, the final rule makes technical amendments to, and clarifies certain aspects of, the agencies' capital rule for both non-advanced approaches banking organizations and advanced approaches banking organizations (technical amendments). Revisions to the definition of high-volatility commercial real estate exposure in the agencies' capital rule are being addressed in a separate rulemaking.

This document contains final regulations that provide guidance concerning the income inclusion rules under section 50(d)(5) of the Internal Revenue Code (Code) that are applicable to a lessee of investment credit property when a lessor of such property elects to treat the lessee as having acquired the property. These final regulations also provide rules to coordinate the section 50(a) recapture rules with the section 50(d)(5) income inclusion rules. In addition, these final regulations provide rules regarding income inclusion upon a lease termination, lease disposition by a lessee, or disposition of a partner's or S corporation shareholder's entire interest in a lessee partnership or S corporation outside of the recapture period. Accordingly, these regulations will affect lessees of investment credit property when the lessor of the property makes an election to treat the lessee as having acquired the property and an investment credit is determined under section 46 with respect to such lessee.

The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of July 29, 2019, for the direct final rule that was published in the Federal Register on May 15, 2019. This direct final rule amended the NRC's spent fuel storage regulations by revising the NAC International NAC-UMS[supreg] Universal Storage System listing within the ``List of approved spent fuel storage casks,'' to include Amendment No. 7 to Certificate of Compliance No. 1015. Amendment No. 7 revises the surveillance requirements for technical specifications A3.1.6.1 and A3.1.6.2 to ensure that adequate monitoring of the concrete cask heat removal system is performed. Amendment No. 7 also revises the basis for technical specification A3.1.6 to clarify that the surveillance requirements for technical specification A3.1.6 requires a minimum of two outlet air temperature measurements to provide an average outlet temperature.