September 2019 – Federal Register Recent Federal Regulation Documents

The FAA is adopting a new airworthiness directive (AD) for certain Leonardo S.p.A. (Leonardo) Model AW169 helicopters. This AD requires replacing the seals, filler wedges, and handles of each emergency exit window. This AD was prompted by a report that a high level of pushing force was required to jettison some windows. The actions of this AD are intended to address an unsafe condition on these products.

The FAA proposes to supersede Airworthiness Directives (ADs) 2016-01-16, 2017-19-03, and 2018-19-05, which apply to Dassault Aviation Model MYSTERE-FALCON 900 airplanes. Those ADs require revising the maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance requirements and/or airworthiness limitations. Since AD 2018-19-05 was issued, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA is proposing this AD to address the unsafe condition on these products.

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 computer room air conditioners (CRACs) and new industry standards for dedicated outdoor air systems (DOASes), which are types 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 the existing standards for this equipment at least once every six years and publish either a notice of proposed rulemaking (NOPR) to propose new standards 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 CRACs for which DOE has tentatively determined that the updated ASHRAE Standard 90.1 levels are not more stringent than the current Federal standards. This document solicits information from the public to help DOE determine whether amended standards for CRACs and new standards for DOASes 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.

The United States Department of Agriculture (USDA) is announcing that it has withdrawn certain proposed rules that were either published in the Federal Register more than 3 years ago without subsequent action or determined to no longer be candidates for final action. USDA is taking this action to reduce its regulatory backlog and focus its resources on higher priority actions. The Department's actions are part of an overall regulatory reform strategy to reduce regulatory burden on the public and to ensure that future Unified Agendas of Regulatory and Deregulatory Actions provide the public accurate information about rulemakings the Department intends to undertake.

The United States Department of Agriculture is announcing the completion of certain interim rules that published in the Federal Register more than 3 years ago. USDA is taking this action because the published interim rules have been fully implemented and no further rulemaking publication is required.

This action modifies the Class E airspace extending upward from 700 feet above the surface at Ashland Regional Airport, Ashland, KY. This action is due to an airspace review caused the revision of the instrument procedures at the airport, which require additional airspace. The name of the airport are also being updated to coincide with the FAA's aeronautical database.

The U.S. Nuclear Regulatory Commission (NRC) is discontinuing a rulemaking activity, ``Requirement to Submit Complete and Accurate Information,'' and denying a petition for rulemaking (PRM), PRM-50-107. This document informs the public of the NRC's action and describes the rationale for the action. The NRC will no longer track this rulemaking activity or PRM.

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Missouri River in a work zone located from Mile Marker (MM) 116.5 through MM 117. The safety zone is needed to protect persons, vessels, and the marine environment from potential hazards created by the installation of electrical lines across the river. Entry of persons or vessels into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or a designated representative.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A330-200 Freighter, -200, and -300 series airplanes; and certain Airbus SAS Model A340-200, -300, -500, and -600 series airplanes. This AD was prompted by a determination that certain wing slat tracks that were inadvertently indicated as eligible for installation on all Model A330 and A340 series airplanes are unable to sustain the ultimate loads relative to the weight variant of certain airplane configurations. This AD requires identifying affected parts, inspecting for and repairing cracks, and replacing affected parts with serviceable parts, as specified in a 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.

The FAA is adopting a new airworthiness directive (AD) for certain International Aero Engines AG (IAE) V2500 model turbofan engines. This AD was prompted by an inspection that determined that material anomalies exist in certain low-pressure turbine (LPT) stage 6 disks. This AD requires removal from service of the affected LPT stage 6 disks and their replacement with a part eligible for installation. The FAA is issuing this AD to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) is approving a revision to the District of Columbia's (the District) state implementation plan (SIP) submitted on August 29, 2018. The portion of the District's SIP revision being approved 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 Reasonably 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).

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to add Australia as a World Trade Organization Government Procurement Agreement (WTO GPA) country.

DoD, GSA, and NASA are issuing a final rule to amend the Federal Acquisition Regulation (FAR) to update the definition of ``affiliates'' in the FAR, including references to that definition, and to delete an obsolete requirement for contractors who are 8(a) Program participants.

This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2019-06. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the internet at https://www.regulations.gov.

The FAA is adopting a new airworthiness directive (AD) for Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. This AD requires inspecting certain part-numbered actuators for corrosion, and removing them from service as necessary. This AD also requires reporting certain information to Airbus Helicopters. This AD is prompted by a hard landing of a helicopter and discovery of a ruptured and displaced tie bar inside the piston of the longitudinal single-axis actuator of the main rotor actuator (MRA). The actions of this AD are intended to address an unsafe condition on these products.

The Securities and Exchange Commission (the ``SEC'' or the ``Commission'') is publishing guidance regarding the proxy voting responsibilities of investment advisers under its regulations issued under the Investment Advisers Act of 1940 (the ``Advisers Act''), and Form N-1A, Form N-2, Form N-3, and Form N-CSR under the Investment Company Act of 1940 (the ``Investment Company Act'').

We, the U.S. Fish and Wildlife Service (Service), open seven National Wildlife Refuges (NWRs) that are currently closed to hunting and sport fishing. In addition, we expand hunting and sport fishing at 70 other NWRs, and add pertinent station-specific regulations for other NWRs that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2019-2020 season. We also formally open 15 units of the National Fish Hatchery System to hunting and sport fishing. We also add pertinent station-specific regulations that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing at these 15 National Fish Hatcheries (NFHs) for the 2019-2020 season. This rule includes global administrative updates to every NWR entry in our refuge-specific regulations and the reorganization of general public use regulations. We remove approximately 2,100 regulations that will have no impact on the administration of hunting and sport fishing within the National Wildlife Refuge System. We also simplify over 2,900 refuge-specific regulations to comply with a Presidential mandate to adhere to plain language standards and to reduce the regulatory burden on the public. Lastly, we remove the provision concerning same-day airborne hunting of the regulations specific to Alaska NWRs.

The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions and two redesignation requests provided by the State of Florida, through the Florida Department of Environmental Protection (FDEP), related to the 2010 1- hour sulfur dioxide (SO2) national ambient air quality standard (NAAQS or standard). Specifically, EPA is proposing to approve a December 1, 2017, SIP revision (as supplemented through a February 15, 2019 draft SIP revision discussed below) that includes SO2 multi-unit permit limits and associated compliance and monitoring parameters for Mosaic Fertilizer LLC's New Wales facility (Mosaic New Wales) and Bartow facility (Mosaic Bartow), both located in Polk County, Florida. The December 1, 2017, SIP revision also includes a modeling analysis to demonstrate that the Hillsborough-Polk SO2 nonattainment area (hereinafter referred to as the ``Hillsborough-Polk Area'') attains the SO2 NAAQS with these permit limits. EPA is also proposing to approve, through parallel processing, a draft February 15, 2019, request to redesignate the Hillsborough-Polk Area to attainment for the 1-hour SO2 NAAQS and associated SIP revision containing the State's plan for maintaining attainment of the standard in the Area. As mentioned above, a draft February 15, 2019, SIP revision also revises the modeling analysis in the 2017 SIP revision. Additionally, the draft February 15, 2019, SIP revisions contain a base-year emissions inventory for the Area and certify that the Area meets nonattainment new source review (NNSR) requirements. EPA is proposing to approve the draft February 15, 2019, SIP revisions through parallel processing. In addition, EPA is proposing to approve, through parallel processing, a draft February 15, 2019, request to redesignate the Mulberry Unclassifiable Area (hereinafter referred to as the ``Mulberry Area'') to attainment/ unclassifiable for the 2010 1-hour SO2 NAAQS.

This regulation establishes tolerances for residues of abamectin in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project No. 4 (IR-4) and Syngenta Crop Protection, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes an exemption from the requirement of a tolerance for residues of C10-C16 branched and linear alkylbenzene sulfonates, including benzenesulfonic acid, dodecyl (CAS Reg, No. 27176-87-0) and benzenesulfonic acid, dodecyl-, sodium salt (CAS Reg. No. 25155-30-0), when used as an active or inert ingredient in antimicrobial pesticide formulations applied to food- contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils at a maximum concentration not to exceed 700 parts per million (ppm). Exponent, Inc., on behalf of Ecolab, Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance.

This document contains proposed regulations regarding the timing of income inclusion under section 451 of the Internal Revenue Code (Code). The proposed regulations reflect changes made by the Tax Cuts and Jobs Act. These proposed regulations affect taxpayers that use an accrual method of accounting and have an applicable financial statement.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Maricopa County Air Quality Department (MCAQD) portion of the Arizona State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) and particulate matter (PM) from brick and structural clay products manufacturing, rubber sports ball manufacturing, and vegetable oil extraction processes. We are proposing approval of the rescission of local rules that regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

The FAA proposes to adopt a new airworthiness directive (AD) for certain 328 Support Services GmbH Model 328-100 airplanes. This proposed AD was prompted by a report of missing rivets on landing flap support arm 2. This proposed AD would require an inspection of the landing flap support arms for missing rivets and corrective actions if necessary, 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.

We, the U.S. Fish and Wildlife Service, recently published a proposed rule to reclassify the American burying beetle (Nicrophorus americanus) from endangered to threatened and to adopt a rule under section 4(d) of the Endangered Species Act of 1973 (Act), as amended, to provide for the conservation of the species. We announced a 60-day public comment period on the proposed rule, ending July 2, 2019. We now reopen the public comment period on the proposed rule for 30 days, to allow all interested parties additional time to comment on the proposed rule. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule. We also announce a public informational meeting and public hearing on the proposed rule.

The Department of Homeland Security (DHS) proposes to remove a regulatory provision stating that U.S. Citizenship and Immigration Services (USCIS) has 30 days from the date an asylum applicant files the initial Form I-765, Application for Employment Authorization (EAD application) to grant or deny that initial employment authorization application. DHS also proposes to remove the provision requiring that the application for renewal must be received by USCIS 90 days prior to the expiration of the employment authorization.