2019 – Federal Register Recent Federal Regulation Documents

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to partially implement a section of the National Defense Authorization Act for Fiscal Year 2017 that addresses the requirement for additional cost or pricing data when only one offer is received in response to a competitive solicitation.

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions, submitted under a cover letter dated June 23, 2017, by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality on behalf of the Louisville Metro Air Pollution Control District (LMAPCD or District or Jefferson County) to EPA, for attaining the 1-hour sulfur dioxide (SO2) primary national ambient air quality standard (NAAQS or standard) for the Jefferson County SO2 nonattainment area (hereafter referred to as the ``Jefferson County nonattainment area,'' ``nonattainment area'' or ``Area''). The Jefferson County nonattainment area is comprised of a portion of Jefferson County in Kentucky surrounding the Louisville Gas and Electric Mill Creek Electric Generating Station (hereafter referred to as ``Mill Creek'' or ``LG&E''). This plan (hereafter called a ``nonattainment plan'' or ``SIP'' or ``attainment SIP'') includes Kentucky's attainment demonstration and other elements required under the Clean Air Act (CAA or Act). In addition to an attainment demonstration, the plan addresses the requirement for meeting reasonable further progress (RFP) toward attainment of the NAAQS, reasonably available control measures and reasonably available control technology (RACM/RACT), base-year and projection-year emissions inventories, enforceable emissions limitations and control measures, nonattainment new source review (NNSR) and contingency measures. EPA concludes that Kentucky has appropriately demonstrated that the nonattainment plan provisions provide for attainment of the 2010 1-hour primary SO2 NAAQS in the Jefferson County nonattainment area and that the nonattainment plan meets the other applicable requirements under the CAA.

The FAA proposes to adopt a new airworthiness directive (AD) for all The Boeing Company Model 757 airplanes. This proposed AD was prompted by a report that during a maintenance check an operator discovered cracking in the station 1460 frame web and inner chord between certain stringers. This proposed AD would require an inspection of the fuselage frames for any existing repair, repetitive surface high frequency eddy current (HFEC) inspections of the fuselage frames with a cargo liner support channel for any cracking, and applicable on- condition actions. The FAA is proposing this AD to address the unsafe condition on these products.

The Coast Guard is adding, deleting, and modifying the special local regulations for annual recurring marine events, safety zones for firework displays, and swim events in the Coast Guard Sector Northern New England Captain of the Port Zone. When enforced, these special local regulations and safety zones will restrict vessels from transiting regulated areas during certain annually recurring events. The special local regulations and safety zones are intended to expedite public notification and ensure the protection of the maritime public and event participants from the hazards associated with certain marine events.

We are adopting a new airworthiness directive (AD) for Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB-BK 117 C-2 helicopters. This AD requires establishing or reducing the life limit of various parts. This AD was prompted by recalculations. The actions of this AD are intended to address an unsafe condition on these products.

This regulation establishes tolerances for residues of mefentrifluconazole in or on multiple commodities which are identified and discussed later in this document. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Current regulations prohibit overland supersonic civil flights in the United States, but include a procedure to request authorization for these flights for the purposes of test and development of new aircraft. The criteria for such authorizations were developed in the 1970s and placed in an appendix to the operating regulations. With renewed interest in supersonic aircraft development, the FAA is proposing to modernize the procedure for requesting these special flight authorizations.

This final rule makes non-substantive technical, organizational, and conforming amendments to existing Coast Guard regulations. This rule will have no substantive effect on the regulated public.

The Department of Homeland Security (DHS) is giving concurrent notice of a reissued system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/U.S. Customs and Border Protection (CBP)-009 Electronic System for Travel Authorization (ESTA) System of Records and this proposed rulemaking. DHS/CBP previously issued a Final Rule to exempt this system of records from certain provisions of the Privacy Act on August 31, 2009, and codified in the Code of Federal Regulations. This Final Rule remains in effect until a new Final Rule becomes effective. DHS/CBP is reissuing a Notice of Proposed Rulemaking to expand the applicability of the previously issued exemptions from the Privacy Act to account for the expanded categories of individuals and record source categories described in the concurrently issued SORN.

This action corrects a final rule published in the Federal Register of May 17, 2019, that modifies Class E airspace at Sibley Municipal Airport, Sibley, IA. The geographic coordinates of the airport will be amended to be in concert with the FAA's aeronautical database.

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by removing eight (8) persons from the Unverified List (``UVL'') and correcting the name for one (1) person currently listed on the UVL. The eight persons are removed from the UVL on the basis that BIS was able to verify their bona fides because of an end-use check.

Under the Johnson O'Malley (JOM) Act, the Bureau of Indian Education (BIE) provides assistance, through contracts, for Indian students attending public schools and non-sectarian private schools. Congress recently updated the JOM Act with the JOM Supplemental Indian Education Program Modernization Act (JOM Modernization Act). This proposed rule would implement the JOM Act, as amended, to clarify the eligibility requirements for Indian students to receive the benefits of a JOM contract, to clarify the funding formula and process to ensure full participation of contracting parties, and to otherwise reconcile and modernize the rules to comport with the activities of the contracting parties under the Act, as amended.

The Commission is adopting eXtensible Business Reporting Language (XBRL) as the standard for filing the Commission Form Nos. 1, 1-F, 2, 2-A, 3-Q electric, 3-Q natural gas, 6, 6-Q, 60, and 714. The use of XBRL will make the information in these forms easier for filers to submit and data users to analyze, and assist in automating regulatory filings. The Commission believes that transitioning from the current Visual FoxPro system to XBRL will decrease the costs, over time, of preparing the necessary data for submission and complying with future changes to filing requirements set forth by the Commission. In addition, the Commission is revising its regulations to require filers of Form No. 1-F to file their report in electronic media.

The FAA is superseding Airworthiness Directive (AD) 2007-11-11 and AD 2017-01-11, which applied to all Airbus SAS Model A318 and Model A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321 series airplanes. AD 2007-11-11 required an inspection to determine the serial number of both main landing gear (MLG) sliding tubes, repetitive inspections for cracking of the affected MLG sliding tubes and corrective actions if necessary, and eventual replacement of both MLG shock absorbers. AD 2017-01-11 required identification of the part number and serial number of the MLG sliding tubes; inspection of affected chromium plates and sliding tube axles for damage; and replacement of the sliding tube if necessary. This AD retains certain requirements of AD 2007-11-11 and AD 2017-01-11. This AD also requires repetitive inspections of affected MLG sliding tubes for cracking, replacement of cracked MLG sliding tubes, and eventual replacement of each affected MLG sliding tube. This AD was prompted by cracks found in the MLG sliding tubes due to certain manufacturing defects that might not be identified using the current on-wing scheduled inspections. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting an airworthiness directive (AD) for all The Boeing Company Model 757 airplanes. This AD requires repetitive checks of the aileron trim actuator bearing for free rotation, repetitive detailed inspections of the aileron trim actuator attachment lug for damage and cracking, and applicable on-condition actions. This AD was prompted by a report of the failure of the aileron trim actuator attachment lug. The FAA is issuing this AD to address the unsafe condition on these products.

We propose to adopt 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 proposed AD was prompted by reports of missing or loosened fasteners on connecting brackets of overhead stowage compartments (OHSC) and pivoting OHSC (POHSC). This proposed AD would require modification of the OHSC and POHSC attachments, as specified in a European Aviation Safety Agency (EASA) AD, which will be incorporated by reference. We are proposing this AD to address the unsafe condition on these products.

The Federal Trade Commission (``Commission'' or ``FTC'') is amending the Hart-Scott-Rodino (``HSR'') Premerger Notification Rules (``Rules'') that require the parties to certain mergers and acquisitions to file reports with the FTC and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice (``the Assistant Attorney General'' or ``DOJ'') (together the ``Antitrust Agencies'' or ``Agencies'') and to wait a specified period of time before consummating such transactions. The Commission is amending the Antitrust Improvements Act Notification and Report Form (``HSR Form'') and Instructions to require use of 10-digit codes based upon the North American Product Classification System in place of the 10- digit codes based upon the North American Industry Classification System.

The U.S. Environmental Protection Agency (EPA) is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Solvent Extraction for Vegetable Oil Production. The source category addressed in this action is the Solvent Extraction for Vegetable Oil Production source category. The EPA is proposing the results of the residual risk and technology review (RTR) that the EPA is required to conduct in accordance with the Clean Air Act (CAA). Based on the results of the EPA's risk review, the Agency is proposing that risk due to emissions of air toxics from this source category is acceptable and that the current NESHAP provides an ample margin of safety to protect public health. Under the technology review, the EPA is proposing there are no developments in practices, processes, or control technologies that necessitate revision of the standards. Therefore, the EPA is proposing no revisions to the numerical emission limits based on these analyses. However, the EPA is proposing to revise provisions pertaining to emissions during periods of startup, shutdown, and malfunction (SSM); add requirements for electronic reporting of certain notifications and reports and performance test results; and make other minor clarifications and corrections. Although the proposed amendments would not result in reductions in emissions of hazardous air pollutants (HAP), if finalized, they would result in improved compliance and implementation of the rule.

The Coast Guard is proposing to establish a temporary regulated area for certain waters of the Columbia River. This action is necessary to provide for the safety of participants and the maritime public during a cross-channel swim. This proposed rulemaking would prohibit non-participant persons and vessels from being in the regulated area unless authorized by the Captain of the Port Columbia River or a designated representative. We invite your comments on this proposed rulemaking.

On May 1, 2019, the U.S. Department of Energy (DOE) published a Notice of Proposed Rulemaking (NOPR) that proposed amendments to streamline its test procedure interim waiver decision-making process. The comment period for the NOPR ends on July 1, 2019. This document announces an extension of the public comment period to July 15, 2019 and the scheduling of a webinar regarding the proposal.

NMFS is prohibiting retention of pollock in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary because the 2019 total allowable catch of pollock in the West Yakutat District of the GOA has been reached.

The Coast Guard will enforce safety zones for fireworks displays on the Metedeconk River, Brick Township, NJ, as described in its regulations for the Fifth Coast Guard District on various dates in July 2019 to provide for safety of life on navigable waterways during these events. During the enforcement periods an operator of a vessel may not enter, remain in, or transit through the safety zone unless authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene.

The Department of Veterans Affairs (VA) proposes to amend the regulation defining ``member's stillborn child'' for purposes of the Servicemembers' Group Life Insurance (SGLI) program. The current definition of a ``member's stillborn child'' is that a fetus must weigh at least 350 grams or, if the fetal weight is unknown, duration in utero is at least 20 completed weeks of gestation. VA proposes to amend the definition to allow reliance upon the fetus' gestational age even if the fetus' weight is known. As a result, a fetus whose duration in utero is 20 completed weeks of gestation but who weighs less than 350 grams would qualify as a ``member's stillborn child.''

The Coast Guard will enforce certain safety zones located in the Federal regulations for Annual Events in the Captain of the Port Buffalo zone. This action is necessary and intended to protect the safety of life and property on navigable waters prior to, during, and immediately after these events. During each enforcement period, no person or vessel may enter the respective safety zone without the permission of the Captain of the Port Buffalo or a designated representative.

The Environmental Protection Agency (EPA) is proposing to approve a ``Negative Declaration'' for the State of Indiana regarding the Control Techniques Guidelines (CTG) for the Oil and Gas Industry issued by EPA on October 20, 2016. Indiana has evaluated areas for which the Oil and Natural Gas Industry CTG must be applied under the 2008 ozone National Ambient Air Quality Standard (NAAQS). EPA has included Lake and Porter counties as part of the Chicago-Naperville, IL-IN-WI Moderate nonattainment area for the 2008 ozone NAAQS. Therefore, reasonably available control technology (RACT) requirements would be applicable for sources covered by the CTGs in Lake and Porter counties. No covered sources were found in Lake and Porter counties. Approval of this Negative Declaration supports EPA's February 13, 2019 approval of Indiana's volatile organic compounds (VOC) RACT Certification for Lake and Porter Counties.