August 19, 2019 – Federal Register Recent Federal Regulation Documents

Rights-of-Way on Indian Land; Bond Exemption
Document Number: 2019-17781
Type: Rule
Date: 2019-08-19
Agency: Department of the Interior, Bureau of Indian Affairs
This final rule exempts Federal, State, Tribal, and local governments from the requirement to obtain a bond, insurance, or alternative form of security for a right-of-way across Indian land and Bureau of Indian Affairs (BIA) land where such governments are prohibited by law from obtaining security.
Collecting and Reporting of Foreign Indebtedness Within the Department of Defense
Document Number: 2019-17773
Type: Rule
Date: 2019-08-19
Agency: Department of Defense, Office of the Secretary
This final rule removes the Department of Defense (DoD) regulation that relates to the collecting and reporting of foreign indebtedness because it contains DoD's internal guidelines on identifying, billing, collecting, and managing foreign arrearages and indebtedness. These guidelines are internal and provide performance and reporting requirements to the Defense Finance and Accounting Service, the Defense Security Cooperation Agency, and the DoD Components. Therefore, this CFR part can be removed.
Energy Conservation Program: Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards for Consumer Products
Document Number: 2019-17760
Type: Proposed Rule
Date: 2019-08-19
Agency: Department of Energy
On February 13, 2019, the U.S. Department of Energy (``DOE'') published a notice of proposed rulemaking (``NOPR'') to update and modernize the Process Rule (``Process Rule NOPR''). On July 26, 2019, DOE published a notice of data availability (``NODA'') regarding national energy savings estimates from past DOE energy conservation standards rulemakings that were used in support of the NOPR and requested comments on these data. Prior to the end of the comment period for the NODA, DOE received a request from stakeholders on August 6, 2019, seeking additional time to analyze the NODA's data and to supplement their comments accordingly. In light of this request, DOE is re-opening the comment period for an additional 21 days and announcing that decision in this document.
Recoupment of Nonrecurring Costs (NCs) on Sales of U.S. Items
Document Number: 2019-17757
Type: Rule
Date: 2019-08-19
Agency: Department of Defense, Office of the Secretary
This final rule removes the Department of Defense (DoD) regulation that paraphrases existing authorities under the Arms Export Control Act and describes internal procedures for calculating and assessing nonrecurring cost (NC) recoupments, for granting foreign government NC waiver requests, for the types of foreign military sales agreements covered, and for the offices authorized to waive NC recoupment. The corresponding internal procedures will continue to be made publicly available online.
Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group in the Atlantic Region; Retention Limit Adjustment
Document Number: 2019-17754
Type: Rule
Date: 2019-08-19
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is adjusting the commercial aggregated large coastal shark (LCS) and hammerhead shark management group retention limit for directed shark limited access permit holders in the Atlantic region from 36 LCS other than sandbar sharks per vessel per trip to 45 LCS other than sandbar sharks per vessel per trip. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments. The retention limit will remain at 45 LCS other than sandbar sharks per vessel per trip in the Atlantic region through the rest of the 2019 fishing season or until NMFS announces via a notice in the Federal Register another adjustment to the retention limit or a fishery closure. This retention limit adjustment affects anyone with a directed shark limited access permit fishing for LCS in the Atlantic region.
Air Plan Approval; New Mexico; Approval of Revised Statutes; Error Correction
Document Number: 2019-17746
Type: Rule
Date: 2019-08-19
Agency: Environmental Protection Agency
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving revisions to New Mexico's State Implementation Plan (SIP) that incorporate updates to the New Mexico statutes. EPA is also correcting its previous approval of some statute provisions as approval of these provisions into the SIP was in error.
Air Plan Approval; New Mexico; Approval of Revised Statutes; Error Correction
Document Number: 2019-17745
Type: Rule
Date: 2019-08-19
Agency: Environmental Protection Agency
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving revisions to New Mexico's State Implementation Plan (SIP) that incorporate updates to the New Mexico statutes. EPA is also correcting its previous approval of some statute provisions to provide clarification of the approval action taken.
Air Plan Approval; New Mexico; Approval of Revised Statutes; Error Correction
Document Number: 2019-17744
Type: Proposed Rule
Date: 2019-08-19
Agency: Environmental Protection Agency
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to New Mexico's State Implementation Plan (SIP) that incorporate updates to the New Mexico statutes. EPA is also correcting its previous approval of some statute provisions to provide clarification of the approval action taken.
Safety Zone, MBTA Railroad Bridge Replacement Project-Annisquam River, Gloucester, MA
Document Number: 2019-17742
Type: Proposed Rule
Date: 2019-08-19
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish a temporary safety zone for the navigable waters within 100 yards of the Massachusetts Bay Transportation Authority (MBTA) Railroad Bridge, at mile 0.7, across the Annisquam River, Gloucester, Massachusetts, from November 1, 2019 through June 30, 2023. The temporary safety zone is necessary to protect personnel, vessels and the marine environment from potential hazards created during the replacement project of the MBTA Railroad Bridge. When enforced, this proposed rule would prohibit vessels and persons from being in the safety zone unless authorized by the Captain of the Port Boston or a designated representative. We invite your comments on this proposed rulemaking.
Special Local Regulations; Marine Events Within the Fifth Coast Guard District
Document Number: 2019-17740
Type: Rule
Date: 2019-08-19
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the special local regulation for the Thunder Over the Boardwalk Air Show on August 20 and August 21, 2019, from 10:30 a.m. through 4:30 p.m., to provide for the safety of life on navigable waterways during this event. Our regulation for marine events within the Fifth Coast Guard District identifies the regulated area for this event in Atlantic City, NJ. During the enforcement periods, the operator of any vessel in the regulated area must comply with directions from the Patrol Commander or any Official Patrol displaying a Coast Guard ensign.
Death Valley National Park; Designation of Airstrip
Document Number: 2019-17714
Type: Rule
Date: 2019-08-19
Agency: Department of the Interior, National Park Service
The National Park Service revises the special regulations for Death Valley National Park to designate the Saline Valley Warm Springs Airfield, commonly known as the Chicken Strip, within the Saline Valley Warm Springs Area as a location available for the operation of aircraft.
General Updates and Elimination of Certain TAAF and PWEDA Regulations
Document Number: 2019-17710
Type: Proposed Rule
Date: 2019-08-19
Agency: Department of Commerce, Economic Development Administration
The Economic Development Administration (``EDA''), U.S. Department of Commerce (``DOC''), is publishing this notice of proposed rulemaking (``NPRM'') to request public comment on proposed updates to the agency's regulations implementing the Trade Adjustment Assistance for Firms (``TAAF'') provisions of the Trade Act of 1974, as amended (``Trade Act''), and the Public Works and Economic Development Act of 1965, as amended (``PWEDA''). The proposed changes to the TAAF program regulations would clarify the process for import-impacted U.S. manufacturing, oil and natural production and service firms to obtain technical assistanceidentified in the Trade Act as ``adjustment assistance''through the TAAF program, reorganize the regulations to make them easier to read and understand, incorporate best practices, and bring the regulations into closer alignment with the program's statutory requirements. The result will be to ease the burden on firms seeking adjustment assistance through the TAAF program and make it easier for Trade Adjustment Assistance Centers (``TAACs'') to work with firms. EDA also proposes the elimination of certain TAAF and PWEDA regulations that are unnecessary or duplicative because they describe requirements already established in other regulations or award documentation.
Safety Zone; Delaware River; Baker Range, DE and NJ
Document Number: 2019-17709
Type: Rule
Date: 2019-08-19
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing two temporary moving safety zones in the Baker Range portion of the Delaware River. This action is necessary to provide for the safety of life and navigation on this portion of the Delaware River during submarine power cable laying operations. This regulation prohibits persons and vessels from entering or transiting through the safety zone without prior authorization from the Captain of the Port Delaware Bay or a designated representative.
Safety Zone; Ohio River, Point Pleasant, WV
Document Number: 2019-17706
Type: Rule
Date: 2019-08-19
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone for the navigable waters of the Ohio River, from mile marker (MM) 264.6 to MM 265.6, near Point Pleasant on August 31, 2019 for a Labor Day fireworks display. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the fireworks display. Entry of vessels or persons into this zone is prohibited unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative.
Safety Zone; Kanawha River, Charleston, WV
Document Number: 2019-17705
Type: Rule
Date: 2019-08-19
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone for all navigable waters on the Kanawha River. The safety zone is needed to provide for safety of life and protection of vessels and the marine environment from potential hazards associated with the fireworks display. Entry of vessels or persons into the zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley or a designated representative.
Special Conditions: The Boeing Company Model 777-9 Series Airplane; Overhead Flight Attendant Rest Compartment
Document Number: 2019-17697
Type: Proposed Rule
Date: 2019-08-19
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for The Boeing Company (Boeing) Model 777-9 series airplane. This airplane 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 associated with the installation of an overhead flight attendant rest (OFAR) compartment. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.
Special Conditions: Mitsubishi Aircraft Corporation Model MRJ-200 Airplane; Airplane Electronic-System Security Protection From Unauthorized Internal and External Access
Document Number: 2019-17695
Type: Rule
Date: 2019-08-19
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Mitsubishi Aircraft Corporation (Mitsubishi) Model MRJ-200 airplane. This airplane 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 avionics that allow internal and external connection to previously isolated data networks, which are connected to systems that perform functions required for the safe operation of the airplane. This feature creates a potential for unauthorized persons to access the aircraft-control domain and airline information-services domain, and presents security vulnerabilities related to the introduction of computer viruses and worms, user errors, and intentional sabotage of airplane electronic assets (networks, systems, and databases). 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.
Proposed Establishment of the Candy Mountain Viticultural Area and Modification of the Yakima Valley Viticultural Area
Document Number: 2019-17688
Type: Proposed Rule
Date: 2019-08-19
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the 815-acre ``Candy Mountain'' viticultural area in Benton County, Washington. TTB also proposes to expand the boundary of the existing 1,093-acre Yakima Valley viticultural area by approximately 72 acres in order to avoid a partial overlap with the proposed Candy Mountain viticultural area. Both the existing Yakima Valley AVA and the proposed Candy Mountain AVA are located entirely within the existing Columbia Valley AVA. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on these proposals.
Single Family Housing Guaranteed Loan Program; Correction
Document Number: 2019-17683
Type: Rule
Date: 2019-08-19
Agency: Department of Agriculture, Rural Housing Service
On July 22, 2019, the Rural Housing Service (RHS) published a final rule concerning construction to permanent loan financing, repair or rehabilitation financing, and the removal of a maximum the interest rate cap for the Single Family Housing Guaranteed Loan Program. The effective date was published as August 21, 2019 and is being deferred to October 1, 2019.
Air Plan Approval; Minnesota; Flint Hills Sulfur Dioxide (SO2
Document Number: 2019-17670
Type: Rule
Date: 2019-08-19
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving a revision to the Minnesota sulfur dioxide (SO2) State Implementation Plan (SIP) for the Flint Hills Resources, LLC Pine Bend Refinery (FHR) as submitted on October 23, 2018. The SIP revision pertains to the shutdown and replacement of certain equipment at the refinery as well as amendments to certain emission limits, resulting in an overall decrease of SO2 emissions from FHR.
Air Plan Approval; Ohio; Second Limited Maintenance Plans for 1997 Ozone NAAQS
Document Number: 2019-17669
Type: Proposed Rule
Date: 2019-08-19
Agency: Environmental Protection Agency
Pursuant to the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Ohio. On April 12, 2019, the state submitted the 1997 8-hour ozone national ambient air quality standards (NAAQS or standard) Limited Maintenance Plan (LMP) for the Canton-Massillon (Stark County), Lima (Allen County), and Toledo (Lucas and Wood Counties) areas and the Ohio portion of the Parkersburg- Marietta [OH-WV] (Washington County), Steubenville-Weirton [OH-WV] (Jefferson County), Wheeling [OH-WV] (Belmont County), and Youngstown- Warren-Sharon [OH-PA] (Columbiana, Mahoning, and Trumbull Counties) multi-state areas. EPA is proposing to approve these Ohio LMPs because they provide for the maintenance of the 1997 8-hour ozone NAAQS through the end of the second 10-year portion of the maintenance period. The effect of this action would be to make certain commitments related to maintenance of the 1997 8-hour ozone NAAQS in these areas federally enforceable as part of the Ohio SIP.
Air Plan Approval; Illinois; Emissions Reduction Market System Sunsetting
Document Number: 2019-17666
Type: Proposed Rule
Date: 2019-08-19
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Illinois Environmental Protection Agency (Illinois EPA) on January 11, 2019, concerning the state's Emissions Reduction Market System (ERMS) program for the Chicago ozone nonattainment area (NAA) in Illinois. The revision sunsets the ERMS program and effectively removes from the SIP provisions in 35 Illinois Administrative Code (35 IAC) Part 205, as the ERMS program is no longer effective in providing any additional emissions reductions or environmental benefit. The submittal also includes a demonstration under section 110(l) of the Clean Air Act (CAA) that addresses emission impacts associated with the sunsetting of the program.
Air Plan Approval; Indiana; Limited Maintenance Plan for 1997 Ozone NAAQS; Evansville, Fort Wayne, Greene County, Jackson County, Muncie, and Terre Haute
Document Number: 2019-17665
Type: Proposed Rule
Date: 2019-08-19
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a submission from the State of Indiana as a state implementation plan (SIP) revision in according with the Clean Air Act (CAA). On April 25, 2019, the state submitted its 1997 8-hour ozone national ambient air quality standards (NAAQS or standard) Limited Maintenance Plan (LMP) for the following Indiana areas:] Evansville, Fort Wayne, Greene County, Jackson County, Muncie, and Terre Haute. EPA is proposing to approve the LMPs for these areas because they provide for the maintenance of the 1997 8-hour ozone NAAQS through the end of the second 10-year portion of the maintenance period. The effect of this action would be to make federally enforceable certain commitments related to maintenance of the 1997 8-hour ozone NAAQS in these areas as part of the Indiana SIP.
Migratory Bird Hunting; Final Frameworks for Migratory Bird Hunting Regulations
Document Number: 2019-17561
Type: Rule
Date: 2019-08-19
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service or we) prescribes final frameworks from which States may select season dates, limits, and other options for the 2019-20 migratory bird hunting seasons. The effect of this final rule is to facilitate the States' selection of hunting seasons and to further the annual establishment of the migratory bird hunting regulations. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the number of birds that may be taken and possessed in hunting seasons. These frameworks are necessary to allow State selections of seasons and limits and to allow recreational harvest at levels compatible with population and habitat conditions.
HUD's Implementation of the Fair Housing Act's Disparate Impact Standard
Document Number: 2019-17542
Type: Proposed Rule
Date: 2019-08-19
Agency: Department of Housing and Urban Development
Title VIII of the Civil Rights Act of 1968, as amended (Fair Housing Act or Act), prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities on the basis of race, color, religion, sex, disability, familial status, or national origin. HUD has long interpreted the Act to create liability for practices with an unjustified discriminatory effect, even if those practices were not motivated by discriminatory intent. This rule proposes to amend HUD's interpretation of the Fair Housing Act's disparate impact standard to better reflect the Supreme Court's 2015 ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., and to provide clarification regarding the application of the standard to State laws governing the business of insurance. This rule follows a June 20, 2018, advance notice of proposed rulemaking, in which HUD solicited comments on the disparate impact standard set forth in HUD's 2013 final rule, including the disparate impact rule's burden-shifting approach, definitions, and causation standard, and whether it required amendment to align with the decision of the Supreme Court in Inclusive Communities Project, Inc.
Performance Requirements for Residential Gas Furnaces and Boilers; Advance Notice of Proposed Rulemaking
Document Number: 2019-17512
Type: Proposed Rule
Date: 2019-08-19
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (Commission or CPSC) is considering developing a rule to address the risk of injury and death associated with carbon monoxide (CO) production and leakage from residential gas furnaces and boilers. This advance notice of proposed rulemaking (ANPR) initiates a rulemaking proceeding under the Consumer Product Safety Act (CPSA). We invite comments concerning the risk of injury associated with CO production and leakage from residential gas furnaces and boilers, the alternatives discussed in this ANPR, and other possible alternatives for addressing the risk. We also invite interested parties to submit existing voluntary standards or a statement of intent to modify or develop a voluntary standard that addresses the risk of injury described in this document.
Security Threat Disqualification Update
Document Number: 2019-17494
Type: Rule
Date: 2019-08-19
Agency: Federal Aviation Administration, Department of Transportation
The FAA is amending and consolidating the security threat disqualification regulations. This final rule establishes the FAA's procedures in regulation for amending, modifying, suspending, and revoking FAA-issued certificates and any part of such certificates issued to individuals based on written notification by the Transportation Security Administration (TSA) that a certificate holder poses a security threat. The final rule also clarifies the FAA's process for denying or holding in abeyance applications for certificates and any parts of such certificates when the TSA notifies the FAA that an applicant poses a security threat.
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