2019 – Federal Register Recent Federal Regulation Documents

The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') is issuing a final rule to amend the position limit rules applicable to security futures products (``SFP'') by increasing the default maximum level of equity SFP position limits that designated contract markets (``DCMs'') may set; modifying the criteria for setting a higher position limit and position accountability level by relying primarily on estimated deliverable supply; and adjusting the time during which position limits or position accountability must be in effect. In addition, the final rule will provide DCMs discretion to apply limits to either a person's net position or a person's position on the same side of the market. The rule also includes position limit requirements and related guidance and acceptable practices for DCMs to apply in adopting position limits for SFPs based on products other than an equity security.

The Environmental Protection Agency (EPA) is finalizing a clean data determination (CDD) for the 2006 24-hour fine particulate matter (PM2.5) Salt Lake City, Utah, (UT) nonattainment area (NAA). The proposed determination is based upon quality-assured, quality-controlled, and certified ambient air monitoring data for the period 2016-2018, available in the EPA's Air Quality System (AQS) database, showing the area has monitored attainment of the 2006 24-hour PM2.5 National Ambient Air Quality Standards (NAAQS). Based on our proposed determination that the Salt Lake City, UT NAA is currently attaining the 24-hour PM2.5 NAAQS, the EPA is also proposing to determine that the obligation for Utah to make submissions to meet certain Clean Air Act (CAA or the Act) requirements related to attainment of the NAAQS for this area is not applicable for as long as the area continues to attain the NAAQS.

The Environmental Protection Agency (EPA) is amending a Federal Implementation Plan (FIP) that addresses regional haze for the first planning period for Arkansas as it applies to the best available retrofit technology (BART) requirements for sulfur dioxide (SO2) and particulate matter (PM) for seven electric generating units (EGUs) in Arkansas and the SO2 requirements under the reasonable progress provisions. These portions of the FIP will be replaced by the portions of a revision to the Arkansas State Implementation Plan (SIP) that we are taking final action to approve in a separate rulemaking that is published elsewhere in this issue of the Federal Register.

The FAA is adopting a new airworthiness directive (AD) for certain Pratt & Whitney (PW) PW1519G, PW1521G, PW1521GA, PW1524G, PW1525G, PW1521G-3, PW1524G-3, PW1525G-3, PW1919G, PW1921G, PW1922G, PW1923G, and PW1923G-A model turbofan engines. This AD requires initial and repetitive inspections of the low-pressure compressor (LPC) inlet guide vane (IGV) and the LPC rotor 1 (R1) and, depending on the results of the inspections, possible replacement of the LPC. This AD was prompted by two recent in-flight shutdowns (IFSDs) that occurred as the result of failures of the LPC R1. 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 A318-112, -121, and -122; A319-111, -112, - 115, -131, -132, and -133; A320-214, -216, -232, -233, -251N, and - 271N; and A321-211, -212, -213, -231, -232, -251N, -253N, -271N, and - 272N airplanes. This AD was prompted by reports of missing or loosened fasteners on connecting brackets of overhead stowage compartments (OHSC) and pivoting OHSC (POHSC). This AD requires modification of the OHSC and POHSC attachments, 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 is adopting a new airworthiness directive (AD) for all Saab AB, Saab Aeronautics Model SAAB 2000 airplanes. This AD was prompted by reports of cracks in the o-ring groove of magnetic fuel level indicators. This AD requires a one-time detailed inspection of the magnetic fuel level indicator for cracks and replacement of cracked magnetic fuel level indicators. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2015-17- 14, which applied to all Airbus SAS Model A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes, and Model A321- 111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2015- 17-14 required repetitive rototest inspections of the open tack holes and rivet holes at the cargo floor support fittings of the fuselage, including doing all applicable related investigative actions, and repair if necessary. This AD continues to require the actions of AD 2015-17-14, adds actions for certain airplanes, and reduces the compliance times for certain airplanes, as specified in an European Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also reduces the applicability. This AD was prompted by further analysis and widespread fatigue damage (WFD) evaluations which identified the need to reduce the initial compliance times and repetitive intervals for the inspections for certain airplanes, and to add work for certain airplanes. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for all Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G airplanes; and Model C-130A, HP-C-130A, EC-130Q, and C-130B airplanes. This AD requires a visual inspection of the center wing upper and lower rainbow fittings for cracks, an eddy current inspection of the center wing lower rainbow fittings for cracks, and replacement if necessary. This AD was prompted by reports of cracked inner tangs of the center wing lower rainbow fittings. The FAA is issuing this AD to address the unsafe condition on these products.

In the Federal Register of July 29, 2019, EPA proposed a rule concerning certain persistent, bioaccumulative, and toxic chemicals identified pursuant to section 6(h) of the Toxic Substances Control Act (TSCA). These five chemicals are: decabromodiphenyl ether; phenol, isopropylated phosphate (3:1), also known as tris(4-isopropylphenyl) phosphate; 2,4,6-tris(tert-butyl)phenol; hexachlorobutadiene; and pentachlorothiophenol. The proposed rule, if finalized, would restrict or prohibit manufacture (including import), processing, and distribution in commerce for many uses of four of these five chemical substances. EPA evaluated the uses of hexachlorobutadiene and proposed no regulatory action. For the other four, the proposal included recordkeeping requirements. Additional downstream notification requirements were proposed for phenol, isopropylated phosphate (3:1). This document extends the comment period for 31 days, from September 27, 2019, to October 28, 2019.

OSHA is approving two additional quantitative fit testing protocols for inclusion in appendix A of the Respiratory Protection Standard. These protocols are: The modified ambient aerosol condensation nuclei counter (CNC) quantitative fit testing protocol for full-facepiece and half-mask elastomeric respirators and the modified ambient aerosol CNC quantitative fit testing protocol for filtering facepiece respirators. The protocols apply to employers in general industry, shipyard employment, and the construction industry. Both protocols are abbreviated variations of the original OSHA-approved ambient aerosol CNC quantitative fit testing protocol (often referred to as the PortaCount[supreg] protocol), but differ from the test by the exercise sets, exercise duration, and sampling sequence. These protocols will serve as alternatives to the four existing quantitative fit testing protocols already listed in appendix A of the Respiratory Protection Standard and will maintain safety and health protections for workers while providing additional flexibility and reducing compliance burdens.

This rulemaking proposes changes to implement provisions of the National Defense Authorization Act for Fiscal Year 2017 (NDAA-17) to continue TRICARE program coverage for certain members of the National Guard and their dependents during certain disaster response duty. This applies discretionary authority broadened by NDAA-17 to propose expansion of the TRICARE Reserve and Guard Family Benefits program to all families of Reserve Component (RC) members on active duty for more than 30 days, except for the families of RC members performing active Guard and Reserve (AGR) duty for a period of 180 consecutive days or more. This rulemaking also proposes to expand both early eligibility TRICARE coverage and Transitional Assistance Management Program (TAMP) coverage to RC members on active duty for some pre-planned missions.

The Coast Guard is establishing a temporary safety zone for navigable waters on the Wilmington River 1,000 feet on the north and south side of the Islands Expressway Bridge in Savannah, GA. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the placement of multiple spans for the new Islands Expressway Bridge. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Savannah or a designated representative.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Acts for Fiscal Years 2017 and 2018 that establish limitations and prohibitions on the use of the lowest price technically acceptable source selection process.

The Environmental Protection Agency (EPA) is granting Ohio final authorization for changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The Agency published a proposed rule on June 11, 2019 and provided for public comment. No comments were received on the proposed revisions. No further opportunity for comment will be provided.

The Gulf of Mexico Fishery Management Council (Council) has submitted Amendment 9 to the Fishery Management Plan (FMP) for the Coral and Coral Reefs of the Gulf of Mexico (Amendment 9) to the FMP for review, approval, and implementation by NMFS. Amendment 9, if approved by the Secretary of Commerce, and an associated framework action to the FMP would establish new habitat areas of particular concern (HAPCs), some of which include a prohibition of the deployment of bottom-tending gear, and modify current fishing regulations in the Gulf of Mexico (Gulf). The purpose of Amendment 9 and the framework action is to protect coral essential fish habitat in the Gulf.

This rulemaking action amends Marketing Order No. 981, which regulates the handling of almonds grown in California. The three amendments, which were proposed by the Almond Board of California (Board), were approved by producers in a referendum. The amendments will change the dates associated with the Board's nomination process, modify the term of office start date for Board members, and add authority for future revisions to these provisions through the development of regulations using informal rulemaking.

This document summarizes procedures for the upcoming auction of certain toll free numbers in the 833 code (833 Auction). The 833 Auction Procedures Public Notice summarized here is intended to familiarize applicants with the procedures and other requirements governing participation in the 833 Auction and provides overview of the post-auction payment and toll free number reservation processes and secondary market transaction disclosures.

The U.S. Office of Government Ethics (OGE) is hosting public meetings to engage in dialogue with interested members of the public regarding the development of a legal expense fund regulation. OGE will also accept additional written comments related to legal expense funds.

On July 10, 2019, the Environmental Protection Agency (EPA) published in the Federal Register a rule entitled ``Designation of Areas for Air Quality Planning Purposes; California; Coachella Valley 8-Hour Ozone Nonattainment Area; Reclassification to Extreme.'' That publication inadvertently included the incorrect docket number for the rule. This document corrects that error.

In this document, the Commission revises its Schedule of Regulatory Fees to recover an amount of $339,000,000 that Congress has required the Commission to collect for fiscal year 2019. Section 9 of the Communications Act of 1934, as amended, provides for the annual assessment and collection of regulatory fees under sections 9(b)(2) and 9(b)(3), respectively, for annual ``Mandatory Adjustments'' and ``Permitted Amendments'' to the Schedule of Regulatory Fees.

Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the July 31, 2019 direct final rule approving updates and revisions to the Wisconsin Title V Operating Permit Program. The revisions were submitted to update the title V program for the first time since the final approval of the program in 2001 and to change the permit fee schedule for subject facilities. The revisions consist of amendments to Chapter Natural Resources (NR) 407 Wisconsin Administrative Code, operation permits, Chapter NR 410 Wisconsin Administrative Code, permit fees, and Wisconsin statute 285.69, fee structure.

This action delays, from October 1, 2019 until October 1, 2021, the implementation date of the ``ounce equivalents'' requirement for crediting grains served in the Child and Adult Care Food Program (CACFP). The final rule, Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010, published on April 25, 2016, specified that meal planners must use ounce equivalents to determine the amount of creditable grain served as part of a reimbursable meal or snack. A two-year extension allows more time for FNS to develop additional technical assistance materials and for State agencies and sponsoring organizations to provide training and technical assistance to support meal planners and assure compliance nationwide. This action is consistent with FNS' efforts to provide excellent customer service as we work with State and local partners to ensure high quality, nutritious meals for children and adult participants in CACFP. This action also applies to the crediting of grains served to infants and toddlers in the National School Lunch and School Breakfast Programs. In addition, this rule makes a technical correction to the application for free and reduced-price meals for adult CACFP participants.

NMFS implements accountability measures (AMs) for the red grouper recreational sector in the exclusive economic zone (EEZ) of the South Atlantic for the 2019 fishing year through this temporary rule. NMFS estimates recreational landings of red grouper in 2019 have exceeded the recreational annual catch limit (ACL). Therefore, NMFS closes the red grouper recreational sector in the South Atlantic EEZ at 12:01 a.m., local time, on September 25, 2019, for the remainder of the 2019 fishing year. This closure is necessary to protect the red grouper resource.

NMFS implements an accountability measure (AM) for the recreational sector for the other jacks complex (lesser amberjack, almaco jack, and banded rudderfish) in the South Atlantic for the 2019 fishing year through this temporary rule. NMFS has determined that recreational landings of the other jacks complex has exceeded its recreational annual catch limit (ACL). Therefore, NMFS closes the recreational sector for this complex on September 25, 2019, through the remainder of the 2019 fishing year in the exclusive economic zone (EEZ) of the South Atlantic. This closure is necessary to protect the lesser amberjack, almaco jack, and banded rudderfish resources.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 airplanes. This proposed AD was prompted by an investigation that identified the cargo lining gutter assembly would be unable to drain a certain quantity of water in case of leakage or rupture of certain water pipes. This proposed AD would require modification of the cargo lining gutter assemblies, 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.