October 2019 – Federal Register Recent Federal Regulation Documents

Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State of Maine's Underground Storage Tank (UST) program submitted by the Maine Department of Environmental Protection (ME DEP). This action also codifies EPA's approval of Maine's State program and incorporates by reference those provisions of the State regulations that we have determined meet the requirements for approval. The provisions will be subject to EPA's inspection and enforcement authorities under sections 9005 and 9006 of RCRA Subtitle I and other applicable statutory and regulatory provisions.

This regulation establishes tolerances for residues of furilazole in or on sweet corn commodities. The Monsanto Company submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA) requesting these tolerances.

This regulation establishes an exemption from the requirement of a tolerance for residues of nicotinamide (CAS Reg. No. 98-92-0) when used as an inert ingredient (corrosion inhibitor) on growing crops only and limited to 5.0% in a pesticide formulation. Dow AgroSciences LLC submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an amendment to an existing requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of nicotinamide.

We are proposing rules to update our statistical disclosures for banking registrants. These registrants currently provide many disclosures in response to the items set forth in Industry Guide 3 (``Guide 3''), Statistical Disclosure by Bank Holding Companies, which are not Commission rules. The proposed rules would update the disclosures that investors receive, codify certain Guide 3 disclosures and eliminate other Guide 3 disclosures that overlap with Commission rules, U.S. Generally Accepted Accounting Principles (``U.S. GAAP''), or International Financial Reporting Standards (``IFRS''). In addition, we propose to relocate the codified disclosures to a new subpart of Regulation S-K and to rescind Guide 3.

The Department of Homeland Security (DHS) is making corrections to a final rule that appeared in the Federal Register on August 14, 2019. That final rule will amend DHS regulations by prescribing how DHS will determine whether an alien applying for admission or adjustment of status is inadmissible to the United States under the Immigration and Nationality Act (INA or the Act) because he or she is likely at any time to become a public charge.

NMFS is modifying the subsistence use regulations for the Eastern Pacific stock of northern fur seals (Callorhinus ursinus) in response to a petition from the Aleut Community of St. Paul Island, Tribal Government (ACSPI). This rule simplifies the regulations and authorizes Pribilovians who reside on St. Paul Island, Alaska, to kill for subsistence uses each year up to 2,000 male fur seals less than seven years old (defined as juvenile males), including young of the year (also called pups). This rule authorizes up to 20 mortalities of female fur seals per year (and any female mortality will be included in the 2,000 fur seals authorized for subsistence use per year). This rule allows the taking of fur seals on St. Paul Island over two subsistence use seasons annually: One season from January 1 through May 31 using firearms to hunt, and the second season from June 23 through December 31 without using firearms for the harvest. In addition, the rule authorizes Pribilovians who reside on St. George Island, Alaska, to kill each year up to 500 male fur seals during harvests for subsistence use, including authorization of up to three female mortalities each year (and any female mortality will be included in the 500 fur seals authorized for subsistence use per year). Finally, the rule streamlines and simplifies the regulations by eliminating several duplicative and unnecessary regulations governing Pribilovians on St. Paul and St. George Islands.

The Coast Guard proposes to revise existing regulations and consolidate into one table special local regulations for recurring marine events at various locations within the geographic boundaries of the Seventh Coast Guard District Captain of the Port (COTP) Miami Zone. Consolidating marine events into one table simplifies Coast Guard oversight and public notification of special local regulations within COTP Miami Zone. The Coast Guard invites your comments on this proposed rulemaking.

NMFS proposes regulations to implement Amendment 119 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and Amendment 107 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP). This proposed rule would require that the operator of a federally permitted catcher vessel using hook-and-line, pot, or jig gear in the Bering Sea and Aleutian Islands and Gulf of Alaska retain and land all rockfish (Sebastes and Sebastolobus species) caught while fishing for groundfish or Pacific halibut. This action is necessary to improve identification of rockfish species catch by vessels using electronic monitoring, provide more precise estimates of rockfish catch, reduce waste and incentives to discard rockfish, reduce overall enforcement burden, and promote more consistent management between State and Federal fisheries. This proposed rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the BSAI FMP, the GOA FMP, and other applicable laws.

On July 26, 2019, the Environmental Protection Agency (EPA) proposed a rule titled ``Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act.'' The EPA is reopening the comment period on the proposed rule that closed on September 24, 2019. The comment period will remain open until November 1, 2019 to allow additional time for stakeholders to review and comment on the proposal.

On July 31, 2019, the United States Patent and Trademark Office published in the Federal Register a final rule amending the Rules of Practice in Trademark Cases and the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. That final rule had an effective date of October 5, 2019. This action changes the effective date to December 21, 2019.

This action extends the comment period for an NPRM that was published in the Federal Register on July 3, 2019. In the NPRM, the FAA proposed to amend certain airworthiness regulations for fire protection of interior compartments on transport category airplanes. The proposal would convert those flammability regulations from detailed, prescriptive requirements into simpler, performance-based standards. The proposal would divide these standards into two categories: those designed to protect the airplane and its occupants from the hazards of in-flight fires, and those designed to protect the airplane and its occupants from the hazards caused by post-crash fires. In addition, the proposal would remove test methods from the regulations and allow applicants, in certain cases, to demonstrate compliance either without conducting tests or by providing independent substantiation of the flammability characteristics of a proposed material. The proposal includes conforming changes to various FAA regulations. The proposal is necessary to eliminate unnecessary testing, increase standardization, and improve safety. The FAA is extending the closing date of the comment period to allow commenters time to adequately analyze the proposal and prepare responses.

This proposed rule would implement a recommendation from the Washington Apricot Marketing Committee (Committee) to increase the assessment rate established for the 2019-2020 and subsequent fiscal periods. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

FMCSA proposes to amend its Hazardous Materials Safety Permits regulations to incorporate by reference the updated Commercial Vehicle Safety Alliance (CVSA) handbook. The Out-of-Service Criteria provide enforcement personnel nationwide, including FMCSA's State partners, with uniform enforcement tolerances for roadside inspections. Currently, the regulations reference the April 1, 2018, edition of the handbook. Through this document, FMCSA proposes to incorporate by reference the April 1, 2019, edition.

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement a section of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which specifies the criteria that must be met in order to include lowest price technically acceptable (LPTA) source selection criteria in a solicitation; and requires procurements predominantly for the acquisition of certain services and supplies to avoid the use of LPTA source selection criteria, to the maximum extent practicable.

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 and several sections of the NDAA for FY 2018 that increase the micro-purchase threshold (MPT), increase the simplified acquisition threshold (SAT), and clarify certain procurement terms, as well as align some non- statutory thresholds with the MPT and SAT.

This document contains proposed regulations relating to the modification of section 958(b) of the Internal Revenue Code (``Code'') by the Tax Cuts and Jobs Act, which was enacted on December 22, 2017. The proposed regulations affect United States persons that have ownership interests in or that make or receive payments to or from certain foreign corporations.

This final rule is issued to fulfill a requirement in the Moving Ahead for Progress in the 21st Century Act of 2012 (MAP-21) that NHTSA establish regulations permitting states to adopt schemes that allow electronic odometer disclosure statements in conjunction with electronic titling systems associated with the transfer of interests in motor vehicles. Amendments in this final rule allow odometer disclosures in an electronic medium while maintaining and protecting the existing system(s) ensuring accurate odometer disclosures and aid law enforcement in prosecuting odometer fraud. To accomplish this goal, the final rule amends prior regulations governing transactions made on paper titles and similar documents allowing odometer disclosures to be made in a purely electronic environment or through using paper documents that are scanned and converted into electronic form and stored in a state data system. This final rule also adds new sections containing specific additional requirements only applying to electronic disclosures to ensure the secure creation and maintenance of electronic records. NHTSA is also amending the mileage disclosure exemption to vehicles that are 20 years old or older.

The Environmental Protection Agency (EPA) is taking final action to approve, or conditionally approve, all or portions of five state implementation plan (SIP) revisions submitted by the State of California to meet Clean Air Act (CAA or ``the Act'') requirements for the 1979 1-hour, 1997 8-hour, and 2008 8-hour ozone national ambient air quality standards (NAAQS or ``standards'') in the Los Angeles South Coast Air Basin, California (``South Coast'') ozone nonattainment area. The five SIP revisions include the ``Final 2016 Air Quality Management Plan,'' the ``Revised Proposed 2016 State Strategy for the State Implementation Plan,'' the ``2018 Updates to the California State Implementation Plan,'' the ``Updated Federal 1979 1-Hour Ozone Standard Attainment Demonstration,'' and a local emissions statement rule. In today's action, the EPA refers to these submittals collectively as the ``2016 South Coast Ozone SIP.'' The 2016 South Coast Ozone SIP addresses the nonattainment area requirements for the 2008 ozone NAAQS, including the requirements for an emissions inventory, attainment demonstration, reasonable further progress, reasonably available control measures, contingency measures, among others; establishes motor vehicle emissions budgets; and updates the previously-approved control strategies and attainment demonstrations for the 1-hour ozone NAAQS and the 1997 ozone NAAQS. The EPA is taking final action to approve the 2016 South Coast Ozone SIP as meeting all the applicable ozone nonattainment area requirements except for the reasonable further progress contingency measure requirement, for which the EPA is finalizing a conditional approval.

The Coast Guard is establishing a temporary safety zone for navigable waters of the San Jacinto River from the southern end of Southwest Shipyard, extending north of the I-10 bridge, just abreast of Buoy #14. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by salvage and over-water bridge repairs. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Houston-Galveston.

The FAA is superseding Airworthiness Directive (AD) 2018-22- 13, which applied to certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2018-22-13 required revising the existing airplane flight manual (AFM) to provide the flightcrew with updated procedures related to inboard aileron fault operations. This AD continues to require that AFM revision, and also requires modification of the electronic centralized aircraft monitoring (ECAM) procedures by installing an Airbus temporary quick change (ATQC) and activating an ECAM temporary change. This AD was prompted by a technical issue detected on the inboard aileron electrohydrostatic actuators that caused potential erroneous monitoring of those actuators. 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 Airbus SAS Model A330-202, -243, -243F, -302, -323, and -343 airplanes. This AD was prompted by a report that cracks have been found within the ring gears of the slat geared rotary actuators (SGRAs) due to a change in the manufacturing process and inadequate post-production non-destructive testing for potential cracking. This AD requires an inspection to determine the part number and serial number of the SGRAs, and replacement of each affected SGRA with a serviceable part, as specified in a European Union 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 proposes to adopt a new airworthiness directive (AD) for all Fokker Services B.V. Model F28 Mark 0100 airplanes. This proposed AD was prompted by reports of smoke in the flight deck, in conjunction with the loss of electrical power. This proposed AD would require replacement of affected generator power transfer contactors (GPTCs), essential bus transfer contactors (EBTCs), and auxiliary power transfer contactors (APTCs), 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.

This action proposes to amend VHF Omnidirectional Range (VOR) Federal airways V-11 by redefining the EDGEE fix in the vicinity of Bryan, OH, and V-275 by redefining the KLOEE fix in the vicinity of Defiancé, OH. These modifications are necessary due to the planned decommissioning of the VOR portion of the Waterville, OH (VWV), VOR/ Distance Measuring Equipment (VOR/DME) navigation aid (NAVAID), which provides navigation guidance for portions of the affected air traffic service (ATS) routes. The Waterville VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, and - 900 series airplanes. This proposed AD was prompted by reports of cracks in the bear strap between certain stations, sometimes common to fasteners in the gap cover and emanating from rough sanding marks found on the surface of the bear strap. This proposed AD would require inspections of the fuselage skin and bear strap at the forward galley door between certain stations for cracks, and applicable on-condition actions. The FAA is proposing this AD to address the unsafe condition on these products.

This final rule removes the Department of the Air Force's regulation regarding the process for replacing lost or destroyed separation documentation. Since the publication of this rule, the National Archives and Records Administration (NARA) has assumed control of the records concerned and the document release process. The content of this part is now addressed in a NARA regulation. Therefore, this part is unnecessary and may be removed from the CFR.