2019 – Federal Register Recent Federal Regulation Documents

The U.S. Nuclear Regulatory Commission (NRC) has received a petition for rulemaking from Michael D. Meier on behalf of Southern Nuclear Operating Company, dated February 28, 2019, requesting that the NRC revise its regulations related to the start of assessment of annual fees for certain nuclear power plants to align with commencement of their commercial operation. The petition was docketed by the NRC on March 21, 2019, and has been assigned Docket No. PRM-171-1. The NRC is examining the issues raised in PRM-171-1 to determine whether they should be considered in rulemaking. The NRC is requesting public comment on this petition at this time.

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 rule proposes to amend the geographic boundaries of several nonappropriated fund (NAF) Federal Wage System (FWS) wage areas. Based on consensus recommendations of the Federal Prevailing Rate Advisory Committee (FPRAC), the Office of Personnel Management (OPM) proposes to define St. Joseph County, Indiana, as an area of application county to the Lake, Illinois, NAF FWS wage area; Greene County, Missouri, as an area of application county to the Leavenworth- Jackson-Johnson, Kansas, NAF FWS wage area; Lucas County, Ohio, as an area of application county to the Macomb, Michigan, NAF FWS wage area; and the municipality of Mayaguez, Puerto Rico, as an area of application county to the Guaynabo-San Juan, PR, NAF FWS wage area. These changes are necessary because NAF FWS employees are now working in these locations, but the locations are not currently defined to NAF wage areas. In addition, OPM is proposing to remove the municipalities of Ceiba, Isabela, Toa Baja, and Vieques, PR, and the U.S. Virgin Islands of St. Croix and St. Thomas, from the wage area definition of the Guaynabo-San Juan NAF wage area because there are no longer NAF FWS employees working in these locations.

We propose to supersede Airworthiness Directive (AD) 2005-17- 14, which applies to all Airbus SAS Model A300 series airplanes; Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4- 605R Variant F airplanes (collectively called Model A300-600 series airplanes); and Model A310 series airplanes. AD 2005-17-14 requires repetitive tests to detect desynchronization of the rudder servo actuators, and adjustment or replacement of the spring rods of the rudder servo actuators, if necessary. AD 2005-17-14 also requires repetitive tests/inspections/analyses of the rudder servo actuators, and related investigative/corrective actions if necessary. Since we issued AD 2005-17-14, analyses of the inspection results indicated that the assumptions made to establish the survey campaign were not adequate, and a new investigation determined the existing inspection procedures and compliance times do not adequately address the unsafe condition. This proposed AD would retain some requirements of AD 2005- 17-14 and revise the inspection procedures and compliance times, as specified in an 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.

We are revising an earlier proposal to supersede Airworthiness Directive (AD) AD 2018-04-09 for Pacific Aerospace Limited Model 750XL airplanes. This proposed airworthiness directive (AD) results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and address an unsafe condition on an aviation product. The MCAI describes the unsafe condition as incorrectly marked and annunciated low oil-pressure indication warnings. This SNPRM changes the title of one of the flight manuals to be revised, so that the revision requirement applies to all operators, regardless of the issue of their flight manual. Since these actions may impose an additional burden over those in the notice of proposed rulemaking (NPRM), we are reopening the comment period to allow the public the opportunity to comment on these changes.

The U.S. Virgin Islands (USVI) has requested that EPA consider approving its Resource Conservation and Recovery Act (RCRA) Subtitle D municipal solid waste landfills (MSWLF) Permit Program and with this action, EPA is proposing a Tentative Determination of Adequacy of the USVI MSWLF Permit Program. Although RCRA does not require EPA to hold a hearing on any determination to approve a State/Tribe's MSWLF program, the Region has scheduled three public hearings on this tentative determination. Details appear below in the DATES section.

This amendment to NIFA regulations updates the list of institutions that are granted Hispanic-Serving Agricultural Colleges and Universities (HSACU) certification by the Secretary and are eligible for HSACU programs for the period starting October 1, 2018, and ending September 30, 2019.

The Coast Guard is issuing this rulemaking to change the location of the special local regulation for the annual Great Western Tube Float, which is held on the navigable waters of the Colorado River in Parker, AZ. The change of the location for the special local regulation is necessary to provide for the safety of life on the navigable waters during the event.

We are superseding Airworthiness Directive (AD) 2015-22-02 for certain Bell Helicopter Textron Canada Limited (Bell) Model 429 helicopters. AD 2015-22-02 required inspecting the tail rotor (TR) pitch link assemblies. This AD retains the inspections of AD 2015-22-02 and requires replacing certain pitch link bearings. This AD was prompted by a new design bearing introduced by Bell. We are 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 100-yard radius of all vessels and equipment involved in diving and debris removal operations within the Cape May Canal in Cape May, New Jersey. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by dive operations and debris removal near the railroad bridge in the Cape May Canal. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Delaware Bay or his designated representative.

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Upper Mississippi River from mile marker (MM) 109.9 to MM 184 in St. Louis, MO. This action is necessary to provide for the safety of persons and vessels, on these navigable waters as a result of increasing flow and high water conditions on the river. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative.

This action proposes special conditions for the Airbus Model A330-300 and Model A330-900 series airplanes. These airplanes, as modified by TTF Aerospace, LLC (TTF Aerospace), will have a 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 lower deck mobile crew rest (LD- MCR) installed in the aft cargo compartment of Model A330-300 and Model A330-900 series airplanes. 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.

In this final rule, the Office of Personnel Management (OPM) is finalizing an interim final rule that expanded eligibility for enrollment in the Federal Employees Dental and Vision Insurance Program (FEDVIP) to additional groups. The National Defense Authorization Act for Fiscal Year 2017 (FY17 NDAA) expanded FEDVIP eligibility to certain TRICARE-eligible individuals (TEIs). This final rule adopts the interim final rule and corrections as published. This final rule also includes technical clarifications to the interim final rule.

This document corrects technical and typographical errors that appeared in the final rule published in the April 16, 2019 Federal Register titled ``Medicare and Medicaid Programs; Policy and Technical Changes to the Medicare Advantage, Medicare Prescription Drug Benefit, Programs of All-Inclusive Care for the Elderly (PACE), Medicaid Fee- For-Service, and Medicaid Managed Care Programs for Years 2020 and 2021''.

The Coast Guard is revising its merchant mariner credentialing regulations to remove obsolete portions of the radar observer requirements and harmonize the radar observer endorsement with the merchant mariner credential. These revisions will reduce an unnecessary financial burden on mariners required to hold a radar observer endorsement. This rule will affect mariners who have served on radar- equipped vessels, in a position that routinely uses radar for 1 year in the previous 5 years for navigation and collision avoidance purposes, and mariners who have taught a Coast Guard-approved or accepted radar course at least twice within the past 5 years. These mariners will no longer be required to complete a Coast Guard-approved or accepted radar refresher or recertification course in order to renew their radar observer endorsements. We are retaining the existing requirements for mariners seeking an original radar observer endorsement and for mariners who do not have 1 year of routine relevant sea service on board radar-equipped vessels in the previous 5 years or have not taught a Coast Guard-approved or accepted radar course at least twice within the past 5 years. This final rule adopts, with modification, the notice of proposed rulemaking published on June 11, 2018.

We are revising an earlier proposal for certain Bombardier, Inc., Model DHC-8-400 series airplanes. This action revises the notice of proposed rulemaking (NPRM) by adding a requirement to replace the lower lock link of the nose landing gear (NLG), which would terminate the repetitive inspections proposed in the NPRM. This action also reduces the applicability in the NPRM. We are proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, we are reopening the comment period to allow the public the chance to comment on these changes.

On May 15, 2019, the Environmental Protection Agency published a final rule which added seven new sites to the National Priorities List (NPL) and changed the name of an NPL site. That document inadvertently contained a typographical error, citing Table 1 (General Superfund Section) in the instructions to make the site name change rather than Table 2 (Federal Facilities Section). This document corrects the final rule.

This document contains proposed regulations regarding the exception from taxation with respect to gain or loss of a qualified foreign pension fund attributable to certain interests in United States real property. The proposed regulations also include rules for certifying that a qualified foreign pension fund is not subject to withholding on certain dispositions of, and distributions with respect to, certain interests in United States real property. The proposed regulations affect certain holders of certain interests in United States real property and withholding agents that are required to withhold tax on certain dispositions of, and distributions with respect to, such property.

The Environmental Protection Agency (EPA) is granting Michigan final authorization for changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The Agency published a proposed rule on October 10, 2018, and provided for public comment. No comments were received on the proposed revisions. No further opportunity for comment will be provided.

NMFS proposes a 2019 limit of 2,000 metric tons (t) of longline-caught bigeye tuna for each U.S. Pacific territory (American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands (CNMI)). NMFS would allow each territory to allocate up to 1,000 t each year to U.S. longline fishing vessels in a specified fishing agreement that meets established criteria. As an accountability measure, NMFS would monitor, attribute, and restrict (if necessary) catches of longline-caught bigeye tuna, including catches made under a specified fishing agreement. The proposed catch limits and accountability measures would support the long-term sustainability of fishery resources of the U.S. Pacific Islands.

The Postal Regulatory Commission (PRC) favorably reviewed an updated weight limitation for First-Class Mail International[supreg] (FCMI) large envelopes (flats) in PRC Order No. 4932, issued December 19, 2018, in PRC Docket No. MC2019-3. On March 11, 2019, in a filing at the PRC, the Postal Service announced an implementation date of June 23, 2019, for the revised FCMI large envelopes (flats) maximum weight limitation. The Postal Service has made the accompanying classification changes to Mailing Standards of the United States Postal Service, International Mail Manual (IMM[supreg]) in order to reflect this revised weight limitation.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD was prompted by reports of cracks caused by corrosion of the edge of the bore of the spot face and corrosion of the lug bore of certain side-strut support fitting lugs. This AD requires repetitive detailed inspections of the left and right side-strut support fitting lugs with bushings installed for any corrosion, any crack, or any severed lug; repetitive detailed and high frequency eddy current (HFEC) inspections of the left and right side-strut support fitting lugs with bushings removed for any corrosion or any crack; and applicable on-condition actions. We are issuing this AD to address the unsafe condition on these products.

This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Primrose Heliport, Minersville, PA, to accommodate new area navigation (RNAV) global positioning system (GPS) standard instrument approach procedures serving this heliport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at this heliport.

This action modifies the Class D airspace and Class E airspace extending upward from 700 feet above the surface at Richard Lloyd Jones Jr. Airport, Tulsa, OK, and the Class E airspace extending upward from 700 feet above the surface at William R. Pogue Municipal Airport, Sand Springs, OK, which is contained within the Tulsa, OK, airspace legal description. This action is due to an airspace review caused by the decommissioning of the Glenpool VHF omnidirectional range (VOR), which provided navigation information to the instrument procedures at this airport, as part of the VOR Minimum Operational Network (MON) Program. The geographic coordinates of the Richard Lloyd Jones Jr. Airport are also being updated to coincide with the FAA's aeronautical database.