2019 – Federal Register Recent Federal Regulation Documents

The South Atlantic Fishery Management Council (Council) will hold a series of public hearings pertaining to Regulatory Amendment 33 to the Snapper Grouper Fishery Management Plan for the South Atlantic Region. The amendment would revise management measures for red snapper.

This final rule amends Department of Homeland Security (DHS) regulations governing the employment-based, fifth preference (EB-5) immigrant investor classification and associated regional centers to reflect statutory changes and modernize the EB-5 program. In general, under the EB-5 program, individuals are eligible to apply for lawful permanent residence in the United States if they make the necessary investment in a commercial enterprise in the United States and create or, in certain circumstances, preserve 10 full-time jobs for qualified United States workers. This rule provides priority date retention to certain EB-5 investors, increases the required minimum investment amounts, reforms targeted employment area designations, and clarifies USCIS procedures for the removal of conditions on permanent residence. DHS is issuing this rule to codify existing policies and change certain aspects of the EB-5 program in need of reform.

In this document, we invite interested parties to supplement the record to address issues raised by commenters in response to the Commission's July 2018 Notice of Proposed Rulemaking Specifically, among other issues, the Bureaus and Offices seek comment on proposed auction-based approaches, other transition mechanisms to introduce new flexible-use licensing in the band, appropriate repurposing methodologies, Fixed Satellite Service earth station protection criteria, and technical rules, as well as specifically seeking additional comment on the recent filings by: ACA ConnectsAmerica's Communications Association (ACA Connects), the Competitive Carriers Association (CCA), Charter Communications, Inc. (Charter); AT&T; and the Wireless internet Service Providers Association (WISPA), Google, and Microsoft.

The Environmental Protection Agency (EPA) Region 8 is issuing a Notice of Intent to Delete Intermountain Waste Oil Refinery Superfund Site (Site) located in Bountiful City, Davis County, Utah, from the National Priorities List (NPL) and requests public comments on this proposed action. 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). The EPA and the State of Utah, through the Utah Department of Environmental Quality (UDEQ), have determined that all appropriate response actions under CERCLA, other than operation and maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) Region 5 is publishing a direct final Notice of Partial Deletion of all soil and five aquatic sites in Operable Unit 2 (OU2) of the New Brighton/Arden Hills/TCAAP Superfund Site in Minnesota 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 direct final partial deletion is being published by EPA with the concurrence of the State of Minnesota, through the Minnesota Pollution Control Agency, because all appropriate response actions for soil and these five aquatic sites under CERCLA, other than maintenance, monitoring and five-year reviews, have been completed. However, this partial deletion does not preclude future actions under Superfund.

The FAA is adopting a new airworthiness directive (AD) for certain Trig Avionics Limited TT31, Avidyne Corporation AXP340, and BendixKing/Honeywell International KT74 Mode S transponders. This AD was prompted by the discovery that the retaining cam that engages in the mounting tray may not withstand g-forces experienced during an emergency landing. This AD requires one-time inspection of the transponder installation and, depending on the findings, removal of the affected transponder for modification. The FAA is issuing this AD to address the unsafe condition on these products.

The Coast Guard is establishing a temporary safety zone for navigable waters within a 200-yard radius of a portion of the Detroit River, Detroit, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the NAACP Fireworks.

This document contains final regulations relating to the section 506 requirement, added by the Protecting Americans from Tax Hikes Act of 2015 (the PATH Act), enacted on December 18, 2015, that organizations described in section 501(c)(4) of the Internal Revenue Code (Code) must notify the IRS, no later than 60 days after their establishment, of their intent to operate under section 501(c)(4).

NMFS implements accountability measures for the commercial hook-and-line component for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial hook-and- line landings for golden tilefish will reach the hook-and-line component's commercial annual catch limit (ACL) by July 20, 2019. Therefore, NMFS closes the commercial hook-and-line component for golden tilefish in the South Atlantic EEZ on July 23, 2019, and it will remain closed until the start of the next fishing year on January 1, 2020. This closure is necessary to protect the golden tilefish resource.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the State EAS Plan Order and Alerting Reliability Order. This document is consistent with the State EAS Plan Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval of these rules, and the Alerting Reliability Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of these rules.

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is amending the Global Terrorism Sanctions Regulations (GTSR), and the Transnational Criminal Organizations Sanctions Regulations (TCOSR), to implement and reference the Hizballah International Financing Prevention Amendments Act of 2018 (HIFPAA). OFAC is also amending the GTSR to implement and reference the Sanctioning the Use of Civilians as Defenseless Shields Act of 2018 (Shields Act). OFAC is further amending the TCOSR to implement Executive Order 13863 of March 15, 2019 (``Taking Additional Steps to Address the National Emergency with respect to Significant Transnational Criminal Organizations''). Finally, OFAC is amending the Hizballah Financial Sanctions Regulations (HFSR), to make certain technical and conforming changes and to update certain provisions.

This action modifies two jet routes (J-65 and J-110) and two domestic VHF Omnidirectional Range (VOR) Federal airways (V-23 and V- 230) in the Western United States. The modifications are necessary due to the planned decommissioning of Clovis, CA, VOR portion of the VOR/ Tactical Air Navigation (VORTAC) navigation aid (NAVAID), which provides navigation guidance for portions of the affected air traffic service (ATS) routes. The Clovis, CA, VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program. Federal airway V-165, published in the Notice of Proposed Rulemaking, requires more coordination and is removed from this rule.

The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 787 series airplanes. This proposed AD was prompted by reports that the nose landing gear (NLG) retracted while the airplane was on the ground with weight on wheels, due to the installation of a NLG downlock pin in an incorrect location. This proposed AD would require installing an insert to prevent installation of the pin in the incorrect location. The FAA is proposing this AD to address the unsafe condition on these products.

The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation (collectively, the agencies) are issuing a notice of proposed rulemaking (proposal) to seek comment on the treatment of loans that finance the development of land for purposes of the one- to four-family residential properties exclusion in the definition of high volatility commercial real estate (HVCRE) exposure in the agencies' regulatory capital rule. This proposal expands upon the notice of proposed rulemaking (HVCRE NPR) issued on September 28, 2018, which proposed to revise the definition of HVCRE exposure in the regulatory capital rule to conform to the statutory definition of ``high volatility commercial real estate acquisition, development, or construction (HVCRE ADC) loan,'' in accordance with section 214 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA).

In August 2018, the Commodity Futures Trading Commission (Commission) proposed regulations that would codify the policies and procedures that the Commission is currently following with respect to granting exemptions from registration as a derivatives clearing organization (registered DCO) (2018 Proposal). The Commission is issuing this supplemental notice of proposed rulemaking to further propose to permit DCOs that are exempt from registration (exempt DCOs) to clear swaps for U.S. customers under certain circumstances. To facilitate this, the Commission also is proposing to allow persons located outside of the United States to accept funds from U.S. persons to margin swaps cleared at an exempt DCO, without registering as futures commission merchants (FCMs). In addition, the Commission is proposing certain amendments to the delegation provisions in part 140 of its regulations.

The Coast Guard is changing the special local regulation for the Charlevoix Venetian Night Boat Parade to increase the length of effective period of the existing special local regulation to allow the Patrol Commander additional time to clear vessels from transiting or anchoring in the regulated area. In order for the Coast Guard to clear vessel traffic to ensure safety in sufficient time in advance of the event, the Coast Guard changes the effective period broadly to ``a date in late July.''

This final rule removes Department of the Army's regulation containing the real estate procedures of the United States Corps of Engineers governing all military and civil works projects. The rule is being removed because its content is internal to the Department, and current policy is maintained in an internal Engineering Regulation used by Corps of Engineers personnel.

This Proposed Rule seeks comment on how the Commission can make improvements to equal employment opportunity (EEO) compliance and enforcement and responds to issues raised in comments filed in a recent proceeding to eliminate the obligation to file the Broadcast Mid-term Report (FCC Form 397). In that proceeding, the Commission committed to seek comment on these issues.

The FAA is adopting a new airworthiness directive (AD) for all Rolls-Royce Deutschland Ltd & Co KG (RRD) TAY 650-15 and TAY 651-54 turbofan engines with low-pressure compressor (LPC) fan blade module M01300AA or M01300AB, installed. This AD was prompted by reports of LPC fan blade retention lug fractures on engines with a high number of dry- film lubrication (DFL) treatments. This AD requires determining the number of DFL treatments applied on each LPC fan blade, and removing from service and replacing the affected LPC fan blades if the DFL treatment limit is exceeded. The FAA is issuing this AD to address the unsafe condition on these products.

This action proposes special conditions for the Bombardier Model No. DHC-8-100, DHC-8-200, DHC-8-300, and DHC-8-400 series airplanes. These airplanes, as modified by Voyageur Aerotech Inc. (Voyageur), will have novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. This design feature is a rechargeable lithium battery pack inside the Emergency Backup Power Supply. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The Rural Housing Service (RHS or Agency) published a proposed rule on June 20, 2018 to amend the current regulation for the Single- Family Housing Guaranteed Loan Program (SFHGLP) Single Close Combination Construction to Permanent Loans (aka ``single close loans''), and now adopts the proposed changes in this final rule with some modifications. As proposed, the Agency will amend the regulation to ease the financial costs of interim construction financing for non- depository lenders (warehouse line of credit lenders or warehouse lenders) by allowing a temporary interest rate higher than the permanent note rate for interim construction financing, remove the requirement for loan modification or re-amortization once construction is complete, and allow for the reserve of regularly scheduled principal, interest, taxes and insurance (PITI) payments during the construction period. The final rule clarifies that the PITI reserve is an eligible use of single close loan funds. In addition, based on comments received, the Agency will allow single close loans for the rehabilitation of existing dwellings upon their purchase and eliminate maximum interest rate cap requirements for all SFHGLP loans. For clarity and completeness, the final rule also provides a definition of a warehouse lender and updates lender mortgage record retention requirements.

This action proposes to amend the Class D airspace and Class E surface airspace at Bowman Field, Louisville, KY; establish Class E surface airspace designated as an extension to a Class C surface area at Louisville Muhammad Ali International Airport, Louisville, KY; revoke the Class E airspace designated as an extension to a Class D or Class E surface area at Bowman Field Airport; and amend Class E airspace extending upward from 700 feet above the surface at Louisville Muhammad Ali International Airport and Bowman Field Airport. The FAA is proposing this action as the result of the decommissioning of the Bowman VHF omnidirectional range (VOR) navigation aid, which provided navigation information for the instrument procedures at these airports, as part of the VOR Minimum Operational Network (MON) Program. The name of the Louisville Muhammad Ali International Airport would also be updated to coincide with the FAA's aeronautical database.

This action proposes to amend the Class D airspace, the Class E surface airspace, the Class E airspace designated as an extension to Class D and Class E surface airspace, and the Class E airspace extending upward from 700 feet above the surface at Alpena County Regional Airport, Alpena, MI. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the Au Sable VHF omnidirectional range (VOR) navigation aid, which provided navigation information for the instrument procedures at this airport, as part of the VOR Minimum Operational Network (MON) Program. The name of MidMichigan Medical Center-Alpena, Alpena MI, would also be updated to coincide with the FAA's aeronautical database. Airspace redesign is necessary for the safety and management of instrument flight rules (IFR) operations at this airport.

The U.S. Nuclear Regulatory Commission (NRC) is requesting comments on a draft regulatory basis to support the development of a rulemaking for the disposal of certain types of greater-than-Class-C waste in a low-level radioactive waste land disposal facility. Greater- than-Class-C waste may include transuranic radionuclides (e.g., isotopes of plutonium) that contaminate nuclear fuel cycle waste. In addition, the NRC plans to hold a public meeting to promote understanding of the draft regulatory basis and to facilitate public comment.

The Environmental Protection Agency (EPA) Region 4 is issuing a Notice of Intent to Delete the soil, sediment, surface water, surficial aquifer, and the intermediate aquifer of this Site with the exception of a limited area (5,000-8,000 square feet) of the intermediate aquifer below the 1C clay in the vicinity of monitoring wells IMW-01B, MW-128, and OW-143 of the Townsend Saw Chain Co. Superfund Site (Site) located in Pontiac, South Carolina, from the National Priorities List (NPL) and requests public comments on this proposed action. 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). The EPA and the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC), have determined that all appropriate response actions at these identified media and/or parcels under CERCLA except for five-year reviews, operations and maintenance and monitoring have been completed. However, this deletion does not preclude future actions under Superfund. All Site areas and media will be included in this partial deletion except for the groundwater in the intermediate aquifer as specified above which will remain on the NPL and are not being considered for deletion as part of this action.