July 2019 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. These revisions consist of single-source Orders that New Hampshire adopted to meet reasonably available control technology requirements (RACT), and of requests made by New Hampshire to withdraw from its SIP a number of previously issued RACT Orders. This action is being taken under the Clean Air Act.

Comments are invited on proposed revisions to the regulations, fees for services, and procedures established under the Plant Variety Protection Act. The proposed revisions are needed to conform with recent amendments to the Plant Variety Protection Act, which added authority for the Plant Variety Protection Office to issue certificates of protection for varieties of plants that are reproduced asexually. The proposed rule would add references to the term ``asexual reproduction'' to the regulations established under the Act. The proposed rule would also modernize the regulations by simplifying the fee schedule for PVPO services and updating the regulations relating to administrative procedures to reflect current business practices.

The Coast Guard is establishing seven temporary safety zones for fireworks displays within the Captain of the Port (COTP) Long Island Sound (LIS) Zone. These temporary safety zones are necessary to provide for the safety of life on navigable waters during these seven events. Entry into, transit through, mooring or anchoring within these limited access areas is prohibited unless authorized by the COTP LIS.

This action proposes to amend the Class E surface airspace and Class E airspace extending upward from 700 feet above the surface at Fairmont Municipal Airport, Fairmont, 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. The geographic coordinates of the Fairmont Municipal Airport 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 at this airport.

This action proposes to amend the Class E surface airspace and the Class E airspace extending upward from 700 feet above the surface and establish a Class E airspace area designated as an extension to a Class C surface area at Huntsville International-Carl T. Jones Field, Huntsville, AL. The FAA is proposing this action as the result of the decommissioning of the Decatur 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 names of Huntsville International-Carl T. Jones Field, Redstone AAF, Pryor Field Regional Airport, and Huntsville Executive Tom Sharp Jr. Field and the geographic coordinates of Huntsville International-Carl T. Jones Field, Pryor Field Regional Airport, and Huntsville Executive Tom Sharp Jr. Field 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 at this airport.

NMFS is proposing to adjust regulatory measures put in place to manage bluefin tuna bycatch in the pelagic longline fishery for Atlantic highly migratory species (HMS), specifically addressing the Northeastern United States Closed Area, the Cape Hatteras Gear Restricted Area, and the Spring Gulf of Mexico Gear Restricted Area as well as the weak hook requirement in the Gulf of Mexico. Several of the proposed measures would have an evaluation period component to determine whether the current area-based management measure remains necessary to reduce and/or maintain low numbers of bluefin tuna discards and interactions in the pelagic longline fishery. Other proposed measures would eliminate the Cape Hatteras Gear Restricted Area and would adjust the requirement to use weak hooks from a year- round requirement to a seasonal (January-June) requirement. The proposed measures would affect the HMS pelagic longline fishery in the Atlantic and Gulf of Mexico.

The FAA proposes to supersede Airworthiness Directive (AD) 2009-09-02, which applies to certain Bombardier, Inc., Model DHC-8-400 series airplanes. AD 2009-09-02 requires repetitive inspections for damage of certain main landing gear (MLG) forward stabilizer brace assemblies, repetitive inspections for cracking of both MLG forward stabilizer braces, liquid penetrant inspections for cracking, and corrective actions if necessary. Since the FAA issued AD 2009-09-02, the FAA has determined that the installation of an elbow restrictor is necessary to address the unsafe condition which would extend the repetitive inspection interval. This proposed AD would retain the existing actions and also require installation of an elbow restrictor. The FAA is proposing this AD to address the unsafe condition on these products.

The Securities and Exchange Commission (the ``SEC'' or the ``Commission'') is publishing an interpretation of a section of the Investment Advisers Act of 1940 (the ``Advisers Act'' or the ``Act''), which excludes from the definition of ``investment adviser'' any broker or dealer that provides advisory services when such services are ``solely incidental'' to the conduct of the broker or dealer's business and when such incidental advisory services are provided for no special compensation.

The Securities and Exchange Commission (the ``Commission'') is adopting a new rule under the Securities Exchange Act of 1934 (``Exchange Act''), establishing a standard of conduct for broker- dealers and natural persons who are associated persons of a broker- dealer (unless otherwise indicated, together referred to as ``broker- dealer'') when they make a recommendation to a retail customer of any securities transaction or investment strategy involving securities (``Regulation Best Interest''). Regulation Best Interest enhances the broker-dealer standard of conduct beyond existing suitability obligations, and aligns the standard of conduct with retail customers' reasonable expectations by requiring broker-dealers, among other things, to: Act in the best interest of the retail customer at the time the recommendation is made, without placing the financial or other interest of the broker-dealer ahead of the interests of the retail customer; and address conflicts of interest by establishing, maintaining, and enforcing policies and procedures reasonably designed to identify and fully and fairly disclose material facts about conflicts of interest, and in instances where we have determined that disclosure is insufficient to reasonably address the conflict, to mitigate or, in certain instances, eliminate the conflict. The standard of conduct established by Regulation Best Interest cannot be satisfied through disclosure alone. The standard of conduct draws from key principles underlying fiduciary obligations, including those that apply to investment advisers under the Investment Advisers Act of 1940 (``Advisers Act''). Importantly, regardless of whether a retail investor chooses a broker-dealer or an investment adviser (or both), the retail investor will be entitled to a recommendation (from a broker-dealer) or advice (from an investment adviser) that is in the best interest of the retail investor and that does not place the interests of the firm or the financial professional ahead of the interests of the retail investor.

These special conditions are issued for the Airbus Model A330- 300 and Model A330-900 series airplanes. These airplanes, as modified by TTF Aerospace, LLC (TTF Aerospace), will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. This design feature is a lower deck mobile crew rest (LD-MCR) compartment installed in the aft cargo compartment of Model A330–300 and Model A330-900 series airplanes. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The Environmental Protection Agency (EPA) Region 7 is issuing a Notice of Intent to Delete the Electro-Coatings, Inc. Superfund Site (Site) located at 911 Shaver, Cedar Rapids, Iowa, 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 Iowa, through the Iowa Department of Natural Resources (IDNR), have determined that all required and appropriate response actions at the Electro-Coatings under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

We are adopting a new airworthiness directive (AD) for all Saab AB, Saab Aeronautics Model SAAB 2000 airplanes. This AD was prompted by an event where the airplane did not respond to the flightcrew's flight control inputs because the pitch trim switches did not disconnect the autopilot. This AD requires modifying the wiring installation for the autopilot disconnect logic. We are issuing this AD to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Maryland. This SIP revision satisfies a Clean Air Act (CAA) requirement for enactment of a vehicle emissions inspection and maintenance (I/M) program in the Baltimore areawhere ambient air quality has been classified by EPA as ``Moderate'' or higher nonattainment of federal ozone national ambient air quality standards (NAAQS) established in 2008 (hereafter referred to as the 2008 ozone NAAQS). The CAA requires states to demonstrate that any moderate ozone nonattainment area has adopted a basic I/M program (as defined by the CAA). In the event an I/ M program was previously enacted to meet a prior NAAQS or other CAA requirement, the state must show that the enacted I/M program continues to meet applicable federal requirements for a basic I/M program. Maryland's SIP revision that is the subject of this action pertains to CAA requirements for a basic I/M program in the Baltimore area for the 2008 ozone NAAQS. EPA is approving Maryland's I/M program certification, in accordance with the requirements of the CAA.

Notification is hereby given in accordance with the provision of section 1413 of the Safe Drinking Water Act, as amended, and the requirements governing the National Primary Drinking Water Regulations Implementation that the State of Delaware is revising its approved Public Water System Supervision Program. The State has adopted several regulations which will provide for better public health protection by reducing exposure to potential contaminants in drinking water. EPA has determined that these revisions are no less stringent than the corresponding Federal regulations. EPA is taking action to tentatively approve these program revisions.

The Environmental Protection Agency (EPA) is proposing to conditionally approve a revision to the State of Nevada's State Implementation Plan (SIP) for Clark County. The revision consists of an update to certain elements of the maintenance plan for the Clark County air quality planning area for the 1997 8-hour ozone national ambient air quality standards (NAAQS or ``standards''), including the emissions inventories, maintenance demonstration, and motor vehicle emissions budgets. The EPA is proposing to conditionally approve the SIP revision because the Clark County ozone SIP, as revised, continues to provide for maintenance of the 1997 ozone NAAQS and, upon fulfillment of certain commitments, will not interfere with attainment or reasonable further progress of the other NAAQS, and the budgets meet the applicable transportation conformity requirements. The proposed approval is conditional because it is based on commitments to submit a SIP revision to reduce the safety margin allocations for the budgets within one year of final conditional approval.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the District of Columbia (the District). The District's SIP revision satisfies the volatile organic compound (VOC) reasonably available control technology (RACT) requirements under the 2008 8-hour ozone national ambient air quality standard (NAAQS). The District will address RACT for nitrogen oxides (NOX) in a separate SIP submission. The District's RACT submittal for the 2008 ozone NAAQS includes certification that for certain major sources, previously adopted VOC RACT controls in the District's SIP that were approved by EPA under the 1979 1-hour and 1997 8-hour ozone NAAQS are based on the currently available technically and economically feasible controls, and continue to represent RACT for implementation of the 2008 8-hour ozone NAAQS; a listing of the Control Techniques Guidelines (CTGs) already adopted into the District's SIP, and a listing of those categories of sources subject to CTGs which do not exist in the District and the location of prior negative declarations previously submitted and approved by EPA. The District's SIP submittal also includes an update to the 2002 Mobile Equipment Repair and Refinishing (MERR) rule to incorporate the Ozone Transport Commission's (OTC) 2009 Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations regulations (MVMERR) rule adopted by the District in 2016. EPA is addressing the 2009 MVMERR rule in a separate rulemaking action as it is not related to the 2008 VOC RACT SIP revision and does not impact EPA's proposed approval. This action is being taken under the Clean Air Act (CAA).

This document responds to the petition for rulemaking submitted on October 18, 2018 (Gas Industry Petition), by a number of parties asking the Department of Energy (DOE) to issue an interpretive rule and to withdraw related, previously published proposals. The Gas Industry Petition was published in the Federal Register on November 1, 2018, for public review and input. After carefully considering the public comments on the petition, DOE has decided to grant the request for an interpretive rule. DOE has not made, and does not presently propose, any changes or revisions to current policies, legal requirements, or rulemakings with respect to condensing and non- condensing products/equipment. Decisions about whether and how this interpretation of the term ``feature'' in the context of condensing/ non-condensing products/equipment will apply to existing rulemakings will be the subject of subsequent actions. Thus, DOE is denying the Gas Industry Petitioners' request to withdraw its earlier proposed rules for residential furnaces and commercial water heaters.

The Food and Drug Administration (FDA, the Agency, or we) is issuing a final rule to revise the animal drug regulations for tolerances for residues of approved new animal drugs. This final rule is necessary to standardize, simplify, and clarify the determination standards of tolerances and provide definitions for key terms. This final rule will enhance understanding of tolerance determination and improve the overall readability of the relevant regulations.

NMFS announces the rejection of a petition for emergency rulemaking under the Administrative Procedure Act. Sea Shepherd Legal, Sea Shepherd New Zealand Ltd., and Sea Shepherd Conservation Society petitioned the U.S. Department of Commerce and other relevant Departments to initiate emergency rulemaking under the Marine Mammal Protection Act (``MMPA''), to ban importation of commercial fish or products from fish that have been caught with commercial fishing technology that results in incidental mortality or serious injury of M[amacr]ui dolphin (Cephalorhynchus hectori M[amacr]ui) in excess of United States standards.

The Food and Drug Administration (FDA or we) is extending the comment period for the draft guidance for industry entitled ``The Use of an Alternate Name for Potassium Chloride in Food Labeling,'' which was announced in the Federal Register of May 20, 2019. In the notification, FDA requested comments on the use of ``potassium chloride salt'' as an alternate common or usual name for potassium chloride. We are taking this action in response to requests for an extension to allow interested persons additional time to submit comments.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Georgia, through the Georgia Environmental Protection Division (GA EPD) of the Department of Natural Resources, in a letter dated July 31, 2018. EPA is proposing to approve changes to the Georgia's Nonattainment New Source Review (NNSR) permitting rule. This action is being proposed pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.

On October 24, 2018, the Environmental Protection Agency (EPA) published a proposed rule and provided for a thirty-day public comment period. The public comment period closed on November 23, 2018 and EPA received three comments. The purpose of this document is to reopen the comment period for an additional 30 days. This extension of the comment period is provided to allow the public additional time to provide comment on the October 24, 2018 proposed rule. All comments submitted during the original comment period as well those submitted during this extension of the comment period will be accepted and considered.

The Pension Benefit Guaranty Corporation is amending its Privacy Act regulation to exempt a system of records that supports a program of insider threat detection and data loss prevention.

The National Park Service is temporarily revising a regulation for the National Capital Region. This revision will allow the projection of government-selected film footage and associated imagery of the Apollo 11 Mission onto the Washington Monument for an official celebration of the fiftieth anniversary of the Apollo 11 lunar landing. This revision will allow for the event within a restricted zone at the Washington Monument from July 16 to July 20, 2019. The revision to the regulations will last long enough to allow for the setup and take-down of equipment related to the event, from July 12 through July 23.