2019 – Federal Register Recent Federal Regulation Documents

In 2005, the U.S. Fish and Wildlife Service (Service or ``we'') published a final environmental impact statement on management of resident Canada geese (Branta canadensis) that documented resident Canada goose population levels ``that are increasingly coming into conflict with people and causing personal and public property damage.'' Subsequently, the Service implemented several actions intended to reduce, manage, and control resident Canada goose populations in the continental United States and to reduce related damages; those actions included depredation and control orders that allow destruction of Canada goose nests and eggs by authorized personnel between March 1 and June 30. However, some resident Canada geese currently initiate nests in February, particularly in the southern United States, and it seems likely that in the future nest initiation dates will begin earlier and hatching of eggs will perhaps end later than dates currently experienced. This final rule amends the depredation and control orders to allow destruction of resident Canada goose nests and eggs at any time of year.

The FAA is superseding Airworthiness Directive (AD) 2017-16- 10, which applied to all The Boeing Company Model 777 airplanes. AD 2017-16-10 required repetitive inspections of the left and right side underwing longerons for any crack, and related investigative and corrective actions if necessary. This AD retains the requirements of AD 2017-16-10, reduces certain compliance times for certain airplanes, and removes airplanes from the applicability. This AD was prompted by reports of cracks on the underwing longerons. 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 CFM International S.A. (CFM) CFM56-5B, CFM56-5C, and CFM56-7B model turbofan engines with a certain rotating air high-pressure turbine (HPT) front seal. This AD requires replacement of the affected rotating air HPT front seal with a part eligible for installation. This AD was prompted by cracks found in the rotating air HPT front seal. The FAA is issuing this AD to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) is approving elements of the State Implementation Plan (SIP) submission from Illinois regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS or standard). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. This action pertains specifically to infrastructure requirements in the Illinois SIP concerning interstate transport provisions.

The Food and Drug Administration (FDA or we) is announcing the availability of a final guidance for industry entitled ``The Declaration of Added Sugars on Honey, Maple Syrup, Other Single- Ingredient Sugars and Syrups, and Certain Cranberry Products.'' This guidance provides clarification on the labeling requirements for single-ingredient packages and/or containers of pure honey, pure maple syrup, and other pure sugars and syrups, which are not required to bear the words ``Includes Xg Added Sugars,'' but must still include the percent Daily Value for added sugars on their labels. This guidance is also intended to advise food manufacturers of our intent to exercise enforcement discretion related to the use of a ``[dagger]'' symbol immediately following the percent Daily Value for added sugars on single-ingredient packages and/or containers of pure honey, pure maple syrup, and other pure sugars and syrups; the ``[dagger]'' symbol would lead the consumer to a statement that is truthful and not misleading in a footnote at the bottom of the Nutrition Facts label. The guidance also advises food manufacturers of our intent to exercise enforcement discretion with respect to the use of a ``[dagger]'' symbol immediately after the added sugars percent Daily Value information that leads the consumer to a statement that is truthful and not misleading outside of the Nutrition Facts label on certain dried cranberry and cranberry beverage products that are made up of cranberry juice sweetened with added sugars and that contain total sugars at levels no greater than comparable products with endogenous (inherent) sugars, but no added sugars. Further, this guidance advises of our intent to exercise enforcement discretion regarding compliance with Nutrition Facts label final rule and Serving Size final rule requirements until July 1, 2021, for the single-ingredient sugars and syrups as well as the cranberry products discussed in the guidance document.

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Ohio River from mile 110.5 to mile 111.5. This safety zone is necessary to protect persons, vessels, and the marine environment from potential hazards associated with shoreside demolition activities. Entry of persons or vessels into this zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh or a designated representative.

The Coast Guard is establishing two temporary safety zones in the Captain of the Port, Sault Sainte Marie zone. These temporary safety zones are necessary to protect the public, and contractors from potential hazards associated with geotechnical sampling by persons conducting bore hole drilling in the Straits of Mackinac. Vessels will not be able to operate in certain U.S. navigable waters in the Straits of Mackinac within 500 yards of the Tug Nancy Anne, Jack-Up Barge JUB- 100, and the Motor Vessel (M/V) Highland Eagle without authorization from the Captain of the Port.

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) submissions from the State of Utah regarding certain interstate transport requirements of the Clean Air Act (CAA or ``Act''). These submissions respond to the EPA's promulgation of the 2010 nitrogen dioxide (NO2) national ambient air quality standards (NAAQS), the 2010 sulfur dioxide (SO2) NAAQS, and the 2012 fine particulate matter (PM2.5) NAAQS. The submissions address the requirement that each SIP contain adequate provisions prohibiting air emissions that will significantly contribute to nonattainment or interfere with maintenance of these NAAQS in any other state.

The Coast Guard will enforce eight special local regulations for marine events in the Sector Long Island Sound area of responsibility on the dates and times listed in the table below. This action is necessary to provide for the safety of life on navigable waterways during the events. During the enforcement periods, no person or vessel may enter the safety zones without permission of the Captain of the Port (COTP) Sector Long Island Sound or designated representative.

This document sets forth final rules to expand opportunities for working men and women and their families to access affordable, quality healthcare through changes to rules under various provisions of the Public Health Service Act (PHS Act), the Employee Retirement Income Security Act (ERISA), and the Internal Revenue Code (Code) regarding health reimbursement arrangements (HRAs) and other account-based group health plans. Specifically, the final rules allow integrating HRAs and other account-based group health plans with individual health insurance coverage or Medicare, if certain conditions are satisfied (an individual coverage HRA). The final rules also set forth conditions under which certain HRAs and other account-based group health plans will be recognized as limited excepted benefits. Also, the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) are finalizing rules regarding premium tax credit (PTC) eligibility for individuals offered an individual coverage HRA. In addition, the Department of Labor (DOL) is finalizing a clarification to provide assurance that the individual health insurance coverage for which premiums are reimbursed by an individual coverage HRA or a qualified small employer health reimbursement arrangement (QSEHRA) does not become part of an ERISA plan, provided certain safe harbor conditions are satisfied. Finally, the Department of Health and Human Services (HHS) is finalizing provisions to provide a special enrollment period (SEP) in the individual market for individuals who newly gain access to an individual coverage HRA or who are newly provided a QSEHRA. The goal of the final rules is to expand the flexibility and use of HRAs and other account-based group health plans to provide more Americans with additional options to obtain quality, affordable healthcare. The final rules affect employees and their family members; employers, employee organizations, and other plan sponsors; group health plans; health insurance issuers; and purchasers of individual health insurance coverage.

The FAA proposes to adopt a new airworthiness directive (AD) for all The Boeing Company Model 737 series airplanes, except for Model 737-100, 200, -200C, -300, -400, and -500 series airplanes. This proposed AD was prompted by reports of separation of the lower aft wing-to-body fairing panel 194E (``fairing panel 194E'') during flight, due to worn or damaged nutplates on the support structure. This proposed AD would require repetitive inspections of fairing panel 194E, wheel well panel 193D, and support structure for discrepancies, and related investigative and corrective actions if necessary. This proposed AD would also require rework of the panels and support structure, which would terminate the repetitive inspections. The FAA is proposing this AD to address the unsafe condition on these products.

This action proposes to modify Class D airspace at Acadiana Regional Airport, New Iberia, LA. The FAA is proposing this action as the result of the decommissioning of the ACADI non-directional radio beacon, (NDB). This would enhance the safety and management of standard instrument approach procedure for instrument flight rules (IFR), operations at this airport.

This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Hunt Field, Lander, WY, to accommodate new area navigation (RNAV) procedures at the airport. This action would ensure the safety and management of instrument flight rules (IFR) operations within the National Airspace System.

We propose to supersede Airworthiness Directive (AD) 2012-22- 18, which applies to all Airbus SAS Model A330-243, -243F, -341, -342, and -343 airplanes. AD 2012-22-18 requires repetitive inspections of the three inner acoustic panels of both engine air intake cowls to detect disbonding, and corrective actions if necessary. Since we issued AD 2012-22-18, we have received additional reports of engine air inlet cowl collapse. This proposed AD would retain the requirements of AD 2012-22-18 with a reduced compliance time and reduced repetitive inspection intervals. This proposed AD would also provide for an optional modification that is terminating action for the repetitive inspections. These actions are 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.

These proposed regulations provide guidance to cooperatives to which sections 1381 through 1388 of the Internal Revenue Code (Code) apply (Cooperatives) and their patrons regarding the deduction for qualified business income (QBI) under section 199A(a) of the Code as well as guidance to specified agricultural or horticultural cooperatives (Specified Cooperatives) and their patrons regarding the deduction for domestic production activities under section 199A(g) of the Code. These proposed regulations also provide guidance on section 199A(b)(7), the rule requiring patrons of Specified Cooperatives to reduce their deduction for QBI under section 199A(a). In addition, these proposed regulations include a single definition of patronage and nonpatronage under section 1388 of the Code. Finally, these proposed regulations propose to remove the final regulations, and withdraw the proposed regulations that have not been finalized, under former section 199. These proposed regulations affect Cooperatives as well as patrons that are individuals, partnerships, S corporations, trusts, and estates engaged in domestic trades or businesses.

This final rule implements the requirements of the dairy programs administered by the Farm Service Agency (FSA) on behalf of the Commodity Credit Corporation (CCC). The Dairy Margin Coverage (DMC) Program, as authorized by the Agriculture Improvement Act of 2018 (2018 Farm Bill), replaces the Margin Protection Program (MPP-Dairy) for dairy producers and retains much of the structure of MPP-Dairy. DMC is a margin-based support program for dairy producers that provides risk management coverage that will pay producers when the difference between the national price of milk and the national estimated cost of feed (the margin) falls below a certain level. The rule also extends the Dairy Indemnity Payment Program (DIPP) through 2023 and amends the regulations to incorporate a specific period of time for which claims for the same loss will be eligible for indemnification under DIPP.

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Missouri River from mile marker (MM) 0 to MM 734.8 between St. Louis, MO and Sioux City, IA. This action is necessary to provide for the safety of persons, vessels, and the marine environment on these navigable waters as a result of flooding on the river that has resulted in some reported levee failures and is threatening to overtop additional levees. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or a designated representative.

NMFS is reallocating the projected unused amounts of the Aleut Corporation's pollock directed fishing allowances from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2019 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands (BSAI) Management Area.

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

In a final rule that was published in the Federal Register on March 25, 2019, and effective on April 24, 2019, we amended the regulations by changing the requirements for records needed to trace animals and by adding provisions to link official individual animal identification applied by persons other than the flock owner to the flock of origin in the National Scrapie Database rather than just the person who applied the official identification. This document corrects an error in that final rule.

The Consumer Product Safety Improvement Act of 2008 (CPSIA) requires the United States Consumer Product Safety Commission (CPSC) to adopt safety standards for durable infant or toddler products. To comply with the CPSIA, the Commission is issuing a safety standard for stationary activity centers (SACs). This rule incorporates by reference ASTM F2012-18[epsiv]\1\, Standard Consumer Safety Performance Specification for Stationary Activity Centers (ASTM F2012- 18[epsiv]\1\). This rule also amends the regulations for third party conformity assessment bodies to include the safety standard for SACs in the list of notices of requirements (NORs).

The Environmental Protection Agency (EPA) Region 9 is issuing a Notice of Intent to Delete MGM Brakes Superfund Site (Site) located in Cloverdale, Sonoma County, California, 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 California, through the Department of Toxic Substances Control, have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

This regulation establishes an exemption from the requirement of a tolerance for residues of Bacillus amyloliquefaciens subspecies plantarum strain FZB42 in or on all food commodities when used in accordance with label directions and good agricultural practices. Andermatt Biocontrol AG (c/o SciReg, Inc.) submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus amyloliquefaciens subspecies plantarum strain FZB42 in or on all food commodities under FFDCA.

This document amends the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (VASRD) by revising the portion of the schedule that addresses infectious diseases, immune disorders, and nutritional deficiencies. The effect of this action is to ensure that the rating schedule uses current medical terminology and to provide detailed and updated criteria for evaluation of infectious diseases, immune disorders, and nutritional deficiencies for disability rating purposes.

This final rule modifies the certifications required to qualify to participate in the Export Credit Guarantee (GSM-102) Program and the Facility Guarantee Program (FGP) to make them consistent with Government-wide debarment and suspension guidelines and U.S. Department of Agriculture requirements. Specifically, CCC is eliminating the requirement for participants to make certain certifications with respect to affiliates.