November 2019 – Federal Register Recent Federal Regulation Documents

NMFS has received a request from Jordan Cove Energy Project, LP (JCEP) for authorization to take marine mammals incidental to construction of the Jordan Cove Liquified Natural Gas (LNG) terminal and ancillary projects. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) allowing JCEP to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible one-year Renewal that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision. This project is being tracked on the Fast Act Permitting Dashboard which can be accessed at https://www.permits.performance.gov/permitting-projects/ jordan-cove-lng-terminal-and-pacific-connector-gas-pipeline.

The Department of Commerce (Commerce) preliminarily determines that the producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV). Interested parties are invited to comment on these preliminary results of review.

The FAA proposes to supersede Airworthiness Directive (AD) 2017-19-08 and AD 2018-19-02, which apply to Airbus Defense and Space S.A. Model C-212-CB, C-212-CC, C-212-CD, C-212-CE, and C-212-DF airplanes. AD 2018-19-02 requires repetitive inspections of the rudder pedal control system support box and shaft and applicable corrective actions; accomplishing those actions terminates the requirements of AD 2017-19-08. Since AD 2018-19-02 was issued, the FAA has determined that a modification must be done in order to address the unsafe condition. This proposed AD would continue to require repetitive inspections and applicable corrective actions; this proposed AD would also require a modification of the rudder pedal adjustment system; 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 supersede Airworthiness Directive (AD) 2011-09-06, which applies to all Airbus SAS Model A330-200 Freighter series airplanes; Model A330-200, and -300 series airplanes; and Model A340-200, and -300 series airplanes. AD 2011-09-06 requires repetitive inspections and operational checks of the spring function of the emergency exit door slider mechanism, applying corrosion inhibitor, and corrective actions. Since the FAA issued AD 2011-09-06, the agency has determined that additional airplanes are affected by the unsafe condition, and certain compliance times can be extended. This proposed AD would retain the actions specified in AD 2011-09-06, with extended repetitive compliance times and additional airplanes in the applicability, 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 Environmental Protection Agency (EPA) is proposing to approve, under the Clean Air Act (CAA), a revision to Ohio's State Implementation Plan (SIP), submitted by the Ohio Environmental Protection Agency (OEPA) on March 30, 2011 and amended on August 22, 2019. The proposed SIP revision modifies Ohio's Prevention of Significant Deterioration (PSD) program to establish emission thresholds for determining when stationary source projects are potentially subject to Ohio's PSD permitting requirements for greenhouse gas (GHG) emissions. Consistent with Ohio's August 22, 2019, request, EPA is not acting on the portion of Ohio's submittal that would allow for automatic rescission of certain rule provisions and permit terms and conditions if certain triggering events occurred (i.e., the auto-rescission clause).

This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This is a notice of the Presidential declaration of an emergency for the Commonwealth of the Northern Mariana Islands (FEMA- 3425-EM), dated October 20, 2019, and related determinations.

This notice amends the notice of a major disaster declaration for Commonwealth of West Virginia (FEMA-4455-DR), dated August 2, 2019, and related determinations.

This notice amends the notice of a major disaster declaration for the State of South Carolina (FEMA-4464-DR), dated September 30, 2019, and related determinations.

This is a notice of the Presidential declaration of a major disaster for the State of South Dakota (FEMA-4467-DR), dated October 7, 2019, and related determinations.

The Coast Guard is finalizing the policy harmonizing personal flotation device (PFD) standards between the United States and Canada by accepting a new standard for approval of PFDs. As a result, PFD manufacturers can meet a single North American standard instead of separate standards for the United States and Canada. The standard is outlined in a policy letter with a supporting deregulatory savings analysis. This policy letter is intended to promote the Coast Guard's maritime safety and stewardship missions. This policy does not affect existing PFD approvals and does not require any action on the part of boaters or mariners who have approved PFDs on board.

The Department of Homeland Security (DHS) and the Department of Labor (DOL) (collectively, the Departments), are jointly issuing this final rule to amend the regulations governing DOL's certification of nonagricultural labor or services to be performed by temporary foreign workers in H-2B nonimmigrant status (H-2B workers). Pursuant to Section 214(c)(1) of the Immigration and Nationality Act (INA), this certification serves as DHS's consultation with DOL regarding whether a qualified United States (U.S.) worker is available to fill the petitioning H-2B employer's job opportunity, and whether a foreign worker's employment in the job opportunity will adversely affect the wages or working conditions of similarly employed U.S. workers. This final rule modernizes and improves the labor market test that DOL uses to assess whether qualified U.S. workers are available by: Rescinding the requirement that an employer advertise its job opportunity in a print newspaper of general circulation in the area of intended employment, and expanding and enhancing DOL's electronic job registry to disseminate available job opportunities to the widest audience possible.

The Tennessee Valley Authority (TVA) intends to prepare an Environmental Impact Statement (EIS) to address the potential environmental effects associated with the future management of coal combustion residuals (CCR) material at the Johnsonville Fossil Plant (JOF) located in Humphreys County, Tennessee. The purpose of this EIS is to address the disposition of Ash Pond 2 at JOF, to support the implementation of TVA's goal to eliminate all wet CCR storage at its coal plants by closing CCR surface impoundments across the TVA system, and to assist TVA in complying with the United States Environmental Protection Agency (EPA) CCR Rule and other applicable federal and state statutes and regulations. TVA will evaluate the closure of JOF Ash Pond 2 and will develop and evaluate various alternatives for closure including the No Action Alternative. One alternative identified by TVA is Closure-in-Place of Ash Pond 2. Another alternative is Closure-by- Removal of Ash Pond 2. TVA is considering four options for disposal of the CCR removed from Ash Pond 2, including transport and disposal of CCR in an existing offsite permitted landfill, transport and disposal of CCR to a new onsite landfill, transport and disposal of CCR to both an existing offsite permitted landfill and a new onsite landfill, and transport of CCR to a beneficial re-use processing facility to be processed for use in concrete and other building materials with any unusable CCR and excavated soil material going to an existing offsite or new onsite permitted landfill. TVA has identified a potential location for a new onsite landfill. TVA has not selected a potential offsite landfill for disposal of CCR from JOF, and no specific provider of the beneficiation services or specific site at which a beneficial re-use processing facility would be constructed has been developed at this time. Therefore, impacts of these options for CCR disposal would be based on the most impactful or ``bounding'' characteristics of CCR transport to suitable existing landfills or to a beneficial re-use processing facility. Similarly, the potential effects of construction and operation of the beneficial re- use processing facility will be evaluated using `bounding'' attributes obtained from candidate beneficiation vendors. Public comments are invited concerning both the scope of the review and environmental issues that should be addressed. No decisions have been made about the final disposition of CCR storage at COF Ash Pond 2.

The Department of Commerce (Commerce) is correcting its notice of the final results of the fifth administrative review of the antidumping duty (AD) order on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People's Republic of China (China). The period of review (POR) is December 1, 2016 through November 30, 2017.

In accordance with the Paperwork Reduction Act of 1995, ED is proposing a revision of an existing information collection.

The U.S. Department of Energy (``DOE'') is initiating an effort to determine whether to amend the current energy conservation standards for consumer refrigerators, refrigerator-freezers, and freezers. Under the Energy Policy and Conservation Act of 1975, as amended, DOE must review these standards at least once every six years and publish either a notice of proposed rulemaking (``NOPR'') to propose new standards for consumer refrigerators, refrigerator- freezers, and freezers or a notice of determination that the existing standards do not need to be amended. This request for information (``RFI'') solicits information from the public to help DOE determine whether amended standards for consumer refrigerators, refrigerator- freezers, and freezers would result in a significant amount of additional energy savings and whether those 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 RFI).

GSA intends to prepare an EIS to analyze the potential impacts from the proposed alternatives to address the long-term housing of all the tenants of the Chet Holifield Federal Building. The building is owned and managed by GSA and is occupied by various federal agency tenants, with the United States Citizenship and Immigration Services (USCIS) serving as the largest tenant.