August 2019 – Federal Register Recent Federal Regulation Documents

The Department of State, in response to public comments, revises Category XI on the United States Munitions List to remove items that do not warrant continued inclusion, and, pursuant to its regulations and in the interest of the security of the United States, temporarily modifies paragraph (b) in Category XI of the United States Munitions List (USML).

NMFS is prohibiting retention of sablefish by vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2019 total allowable catch of sablefish allocated to vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the GOA has been reached.

NMFS announces that the Pacific Fishery Management Council submitted Amendment 21-4 to the Pacific Coast Groundfish Fishery Management Plan to the Secretary of Commerce for review. If approved, Amendment 21-4 would adjust the Pacific Coast Groundfish Fishery Catch Share Program to complete outstanding elements of the program, respond to problems identified after program implementation, and modify outdated regulations. The proposed Amendment would convert bycatch allocations of canary and widow rockfish to set-asides in the at-sea whiting fishery and remove fixed formulas used to determine bycatch amounts of Pacific Ocean Perch, darkblotched rockfish and widow rockfish in the at-sea whiting sectors. Bycatch amounts would instead be determined through the biennial harvest specification process, which would offer more flexible bycatch management for the at-sea sectors. The proposed rule implementing this proposed FMP amendment includes other regulatory changes which would provide increased opportunity to trade individual fishing quota, accumulation limits for catcher-processor permits, and expand economic data collections. The rule will help to ensure the Pacific Coast Groundfish fishery achieves optimum yield, minimize costs of participation, provide fair and equitable access to fishery resources, and avoid adverse economic impacts to fishing communities.

Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provides the 2018 and 2019 adjustments to the civil penalties that the NTSB may assess against a person for violating certain NTSB statutes and regulations.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A319-112, A319-115, A319-132, A320-214, A320-216, A320-232, A320-233, A320-251N, A320-271N, A321-211, A321-231, A321-232, A321-251N, and A321-253N airplanes. This proposed AD was prompted by reports of finding container/galley end stop bumpers damaged in service. This proposed AD would require replacement of the affected bumpers with serviceable bumpers, as specified in a European Union 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 FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A320-214, -216, -232, and -233 airplanes. This proposed AD was prompted by a report of undetected contacts between certain harnesses of the common fuel quantity indicating system and the center tank structure. This proposed AD would require modification of the fasteners for certain harness routings, 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 Commission is acknowledging a recent filing requesting the Commission initiate a rulemaking proceeding to consider changes to analytical principles relating to periodic reports (Proposal Seven). This document informs the public of the filing, invites public comment, and takes other administrative steps.

This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 relating to airspace designations to reflect the approval by the Director of the Federal Register of the incorporation by reference of FAA Order 7400.11D, Airspace Designations and Reporting Points. This action also explains the procedures the FAA will use to amend the listings of Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points incorporated by reference.

The Environmental Protection Agency (EPA) Region 1 announces the deletion of the U.S. Coast Guard (USCG) Buoy Depot of the South Weymouth Naval Air Station (NAS) Superfund Site (Site) located in Weymouth, MA, from the National Priorities List (NPL). 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). This partial deletion pertains to the soil and groundwater at the USCG Buoy Depot (Operable Unit #10). The remaining operable units at South Weymouth NAS will remain on the NPL and are not considered for deletion as part of this action. The EPA and the Commonwealth of Massachusetts, through the Massachusetts Department of Environmental Protection (MassDEP), have determined that all appropriate response actions under CERCLA have been completed. However, the deletion of this parcel does not preclude future actions under Superfund.

In this document, the Federal Communications Commission modernizes the carriage election notice rules by permitting broadcasters to post their carriage elections online and send notices to covered multichannel video programming distributors (MVPDs) by email only when first electing carriage or changing their carriage election status from must carry to retransmission consent or vice versa. Additionally, all parties will be required to post their contact information online on Commission databases.

The U.S. Environmental Protection Agency is proposing to amend the Approval and Promulgation of State Plans for Designated Facilities and Pollutants, General Provisions to clarify the process by which state plans for the control of pollutants and facilities are incorporated by reference into this part. This action is intended to update and modify the outdated General Provisions that note that state plans are incorporated by reference and that describe the availability of state plans. Concurrently, EPA is also taking direct final action on these amendments. If we receive no significant adverse comment, we will not take further action on this proposed rule.

In this document, the Federal Communications Commission (Commission) takes the next step in our multi-pronged approach to putting an end to unlawful caller ID spoofing. Specifically, we amend our Truth in Caller ID rules to implement the amendments to section 227(e) of the Communications Act adopted by Congress last year as part of the RAY BAUM'S Act. Consistent with these statutory amendments, we amend our rules to encompass malicious spoofing activities directed at consumers in the United States from actors outside of our country and reach caller ID spoofing using alternative voice and text messaging services. This actions advance our goal of ending the malicious caller ID spoofing that causes billions of dollars of harm to millions of American consumers each year.

NMFS implements accountability measures for commercial red snapper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial landings for red snapper will reach the commercial annual catch limit (ACL) for the 2019 fishing year. Therefore, NMFS is closing the commercial sector for red snapper in the South Atlantic EEZ on August 30, 2019. This closure is necessary to protect the red snapper resource.

The Board published a final rule in the Federal Register on July 3, 2019 amending Regulation CC, which implements the Expedited Funds Availability Act (EFA Act), to implement a statutory requirement in the EFA Act to adjust the dollar amounts under the EFA Act for inflation, incorporate the Economic Growth, Regulatory Relief, and Consumer Protection Act and made certain other technical amendments. This document corrects errors in amendatory instructions affecting the Board's rules.

The Coast Guard is establishing a temporary safety zone on Lake Michigan in Chicago, Illinois, in order to protect vessels and persons from the potential hazards associated with a barge based fireworks display. The temporary safety zone will encompass all waters within a 560 foot radius from the designated barge responsible for the display. The barge will be located in approximate position 41[deg]55'42.62'' N, 87[deg]37'34.28'' W. Vessels will not be allowed to enter, transit through, or anchor within the safety zone without the permission of the Captain of the Port Lake Michigan or a designated representative.

The Environmental Protection Agency (EPA) is taking final action to delete various local rules from the California State Implementation Plan (SIP) that were approved in error. These rules include general nuisance provisions, federal New Source Performance Standards or National Emission Standards for Hazardous Air Pollutant requirements, hearing board procedures, variance provisions, and local fee provisions. The EPA has determined that the continued presence of these rules in the SIP is potentially confusing and thus problematic for affected sources, the state, local agencies, and the EPA. The intended effect is to delete these rules to make the SIP consistent with the Clean Air Act. The EPA is also taking final action to make certain other corrections to address errors made in previous actions taken by the EPA on California SIP revisions.

The Environmental Protection Agency (EPA) is approving revisions to the Alaska State Implementation Plan (SIP) submitted on October 25, 2018. The revisions adopt changes to federal emissions factors and modeling guidelines, update pre-construction permitting of stationary sources, and fix typographical and grammatical errors. The EPA is also approving the submitted revisions as meeting major source pre-construction permitting requirements for the Fairbanks North Star Borough fine particulate matter nonattainment area. On the effective date of this rule, the Alaska SIP will include provisions for electronic permit applications, online notice of draft permits, revised modeling guidelines, and updated fine particulate matter requirements in nonattainment areas.

In this direct final rule (DFR), the Department of Labor (Department) makes two procedural changes to its Workforce Innovation and Opportunity Act (WIOA) Job Corps regulations to enable the Secretary to delegate procurement authority as it relates to the development and issuance of requests for proposals for the operation of Job Corps centers, outreach and admissions, career transitional services, and other operational support services. The Department is taking this procedural action to align regulatory provisions with the relevant WIOA statutory language and to provide greater flexibility for internal operations and management of the Job Corps program.

In this direct final rule (DFR), the Department of Labor (Department) is amending three definitions in the Department of Labor Acquisition Regulation (DOLAR) in order to provide the Secretary of Labor greater flexibility and a streamlined procedure to delegate procurement authority and appoint procurement officials. Currently, the definitions section of DOLAR delegates the Secretary's procurement authority to certain specified Department officials. The changes would remove some of those specific designations, allowing the Secretary to delegate the Secretary's procurement authority and assign roles and responsibilities related to procurement through internal guidance, without the need to revise the DOLAR.

Metal and nonmetal (MNM) miners and coal miners exposed to silica (quartz) in respirable dust can develop various forms of pneumoconiosis that are irreversible, life limiting, and may lead to death. MSHA's existing standards limit miners' exposures to quartz in respirable dust. In this Request for Information (RFI), MSHA solicits information and data on feasible, best practices to protect miners' health from exposure to quartz in respirable dust, including an examination of an appropriately reduced permissible exposure limit, potential new or developing protective technologies, and/or technical and educational assistance.

The Federal Deposit Insurance Corporation (FDIC) invites public comment on a notice of proposed rulemaking that would amend the deposit insurance assessment regulations that govern the use of small bank assessment credits (small bank credits) and one-time assessment credits (OTACs) by certain insured depository institutions (IDIs). Under the proposal, once the FDIC begins to apply small bank credits to quarterly deposit insurance assessments, such credits would continue to be applied as long as the Deposit Insurance Fund (DIF) reserve ratio is at least 1.35 percent (instead of, as currently provided, 1.38 percent). In addition, after small bank credits have been applied for eight quarterly assessment periods, and as long as the reserve ratio is at least 1.35 percent, the FDIC would remit the full nominal value of any remaining small bank credits in lump-sum payments to each IDI holding such credits in the next assessment period in which the reserve ratio is at least 1.35 percent, and would simultaneously remit the full nominal value of any remaining OTACs in lump-sum payments to each IDI holding such credits.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels equal to or greater than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2019 Pacific cod total allowable catch allocated to catcher vessels equal to or greater than 60 feet (18.3 m) LOA using hook-and-line gear in the BSAI.

The Coast Guard is establishing a temporary safety zone for navigable waters of the Gulf Intracoastal Waterway in Lafitte, LA. The safety zone is necessary to protect persons, vessels, and the marine environment from potential hazards created by the Jean Lafitte Pirogue Race. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector New Orleans or a designated representative.

The FAA is superseding Airworthiness Directive (AD) 2016-07- 22, which applied to all Airbus SAS Model A300 B4-600, B4-600R, and F4- 600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes); and Model A310 series airplanes. AD 2016-07-22 required modifying the electrical routing installation at the right-hand (RH) and left-hand (LH) wings to achieve a minimum distance between wiring bundles and surrounding structures. This new AD retains the requirements of AD 2016-07-22 and, for certain airplanes, adds a requirement to further modify the electrical installations in both wings, as specified in a European Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD was prompted by reports of missing installation information for certain airplanes. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2018-20- 06, which applied to certain Airbus SAS Model A300 F4-600R series airplanes. AD 2018-20-06 required repetitive high frequency eddy current (HFEC) inspections of the aft lower deck cargo door (LDCD) frame forks; a one-time check of the LDCD clearances; a one-time detailed visual inspection of hooks, eccentric bushes, and x-stops; and corrective actions if necessary. This AD retains the actions of AD 2018-20-06 and requires new compliance times, depending on frame fork configuration. This AD was prompted by a report of two adjacent frame forks that were found cracked on the aft LDCD of two airplanes during scheduled maintenance, and a determination that certain compliance times need to be revised. The FAA is issuing this AD to address the unsafe condition on these products.