2019 – Federal Register Recent Federal Regulation Documents

The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 787-8 airplanes. This AD was prompted by a report of fatigue cracking in the lug root radius of a main landing gear (MLG) aft hanger link lug fitting. This AD requires repetitive surface high frequency eddy current (HFEC) inspections of the left and right side MLG aft hanger link lug fitting for cracking, and applicable on-condition actions. 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 The Boeing Company Model 737-300, -400, and -500 series airplanes. This AD was prompted by fuel system reviews conducted by the manufacturer. This AD requires applying sealant to the fasteners in the fuel tanks, replacing wire bundle clamps external to the fuel tanks, and installing Teflon sleeving under the clamps. The FAA is issuing this AD to address the unsafe condition on these products.

This final rule provides a clarification regarding situations in which a passport applicant is certified by the Secretary of the Treasury as having a seriously delinquent tax debt. In this rule, the Department clarifies that in such situations, the Department may issue a limited validity passport for direct return to the United States or when emergency circumstances or humanitarian reasons exist.

The Environmental Protection Agency (EPA) is approving updates and revisions to the Wisconsin title V Operation Permit Program, submitted by Wisconsin pursuant to subchapter V of the Clean Air Act (Act). The revisions were submitted to update the title V program 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 Department of Natural Resources NR Chapter 407 Wisconsin Administrative Code, operation permits, Chapter NR 410 Wisconsin Administrative Code, permit fees, and Wisconsin statute 285.69, fee structure. This approval action will help ensure that Wisconsin properly implements the requirements of title V of the Act.

The Environmental Protection Agency (EPA or the Agency) is adding hazardous waste aerosol cans to the universal waste program under the Federal Resource Conservation and Recovery Act (RCRA) regulations. This change will benefit the wide variety of establishments generating and managing hazardous waste aerosol cans, including the retail sector, by providing a clear, protective system for managing discarded aerosol cans. The streamlined universal waste regulations are expected to ease regulatory burdens on retail stores and others that discard hazardous waste aerosol cans; promote the collection and recycling of these cans; and encourage the development of municipal and commercial programs to reduce the quantity of these wastes going to municipal solid waste landfills or combustors.

In this document, the Federal Communications Commission (FCC or Commission) adopts an Order that closes Lockbox 979096 and removes the relevant rule relating to the collection of payment for charges for certain international telecommunications services.

The FAA is adopting a new airworthiness directive (AD) for Bell Helicopter Textron Canada Limited (BHTC) Model 427 helicopters. This AD requires inspecting the inboard skin of the vertical fin around the four tailboom attachment points. This AD was prompted by reports of cracked vertical fin skins that resulted from metal fatigue. The actions of this AD are intended to prevent an unsafe condition on these products.

This rule is revising the Commodity Credit Corporation's (CCC) Conservation Reserve Program (CRP) regulations to specify the terms and conditions of CRP and to implement amendments made by the Agriculture Improvement Act of 2018 (2018 Farm Bill). The 2018 Farm Bill authorizes CRP through fiscal year 2023. This rule makes required changes to the eligibility criteria for enrollment in CRP, the benefits available to participants, and the land use and compliance provisions of CRP. In addition, this rule will implement two new pilot programs, the Clean Lakes, Estuaries, and Rivers 30 (CLEAR 30) Pilot Program and the Soil Heath and Income Protection Pilot (SHIPP) Program, as required by the 2018 Farm Bill.

We, the U.S. Fish and Wildlife Service (Service), propose to list Pectis imberbis (beardless chinchweed), a plant species from southern Arizona and northern Mexico, as an endangered species and to designate critical habitat for Beardless chinchweed under the Endangered Species Act of 1973 (Act), as amended. In total, we propose to designate approximately 10,604 acres (4,291 hectares) in southern Arizona as critical habitat for this plant. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for beardless chinchweed. In addition, we propose to list Graptopetalum bartramii (Bartram's stonecrop), a plant species from southern Arizona and northern Mexico, as a threatened species under the Act and to issue a rule under section 4(d) of the Act to provide for the conservation of Bartram's stonecrop. We are not proposing to designate critical habitat for Bartram's stonecrop because we find that a designation is not prudent. If we make this rule final as proposed, it would extend the Act's protections to both of these species and to beardless chinchweed's critical habitat.

The FDIC is amending its deposit insurance assessment regulations to apply the community bank leverage ratio (CBLR) framework to the deposit insurance assessment system (CBLR Assessments final rule). The FDIC, the Board of Governors of the Federal Reserve System (Federal Reserve) and the Office of the Comptroller of the Currency (OCC) (collectively, the Federal banking agencies) are considering, and are expected to adopt, a final rule that provides for a simple measure of capital adequacy for certain community banking organizations (CBLR final rule). The CBLR Assessments final rule: prices all insured depository institutions (IDIs) that elect to use the CBLR framework as small institutions; makes technical amendments to the FDIC's assessment regulations to ensure that the assessment regulations continue to reference the prompt corrective action (PCA) regulations for the definitions of capital categories used in the deposit insurance assessment system; and clarifies that an IDI that elects to use the CBLR framework and also meets the definition of a custodial bank will have no change to its custodial bank deduction or reporting items required to calculate the deduction. The final rule does not make any changes to the FDIC's assessment methodology for small or large institutions.

This document contains final regulations implementing the base erosion and anti-abuse tax, designed to prevent the reduction of tax liability by certain large corporate taxpayers through certain payments made to foreign related parties and certain tax credits. These final regulations also provide reporting requirements related to this tax. This tax was added to the Internal Revenue Code (the ``Code'') as part of the Tax Cuts and Jobs Act. This document finalizes the proposed regulations published on December 21, 2018. The final regulations affect corporations with substantial gross receipts that make payments to foreign related parties. The final regulations also affect any reporting corporations required to furnish information relating to certain related-party transactions and information relating to a trade or business conducted within the United States by a foreign corporation.

The U.S. Department of Energy (``DOE'') is proposing to revise its test procedure for external power supplies (``EPS'' or ``EPSs''). DOE is proposing to add a definition for ``commercial and industrial power supply'' in its regulations to differentiate between EPSs and other non-consumer power supplies that are not subject to the test procedure. DOE also proposes to add a definition to address an adaptive EPS that conforms to the Universal Serial Bus Power Delivery (``USB-PD EPS'') specifications and revise its procedure to address their testing in a manner more representative of their actual use. Further, the proposed revisions would provide more specific instructions for testing single-voltage EPSs that have multiple output busses. Lastly, DOE proposes to reorganize the test procedure to centralize definitions, consolidate generally applicable requirements, and better delineate requirements for single-voltage, multiple-voltage, and adaptive EPSs. DOE is seeking comment from interested parties on the proposal.

The U.S. Small Business Administration (SBA) announces that it is holding tribal consultation meetings in Minneapolis, Minnesota, Anchorage, Alaska, Albuquerque, New Mexico, and Oklahoma City, Oklahoma concerning the proposed revisions to the 8(a) Business Development (BD) program regulations. Testimony presented at these tribal consultations will become part of the administrative record for SBA's consideration when the Agency deliberates on approaches to changes in the regulations pertaining to the 8(a) BD program.

The FAA is superseding Airworthiness Directive (AD) 2009-09- 02, which applied to certain Bombardier, Inc., Model DHC-8-400 series airplanes. AD 2009-09-02 required repetitive inspections for damage of certain main landing gear (MLG) forward stabilizer brace assemblies, repetitive inspections for cracking of both MLG forward stabilizer braces, liquid penetrant inspections for cracking, and corrective actions if necessary. This AD retains the existing actions and also requires installation of an elbow restrictor. This AD was prompted by reports of failures of the aft hinge of the MLG forward stabilizer brace due to fatigue cracks. The FAA is issuing this AD to address the unsafe condition on these products.

EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that are the subject of premanufacture notices (PMNs), and Orders issued by EPA under TSCA. The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required by that determination.

This regulation establishes tolerances for residues of etoxazole in or on beet, sugar, roots and beet, sugar, leaves. The Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes tolerances for residues of fenpyroximate in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Department of the Navy (DON) revises portions of its internal regulations that establish the responsibilities and procedures for complying with the National Environmental Policy Act (NEPA). An agency may determine that certain classes of actions normally do not individually or cumulatively have significant environmental impacts and therefore do not require further review under NEPA. Establishing these categories of activities, called categorical exclusions (CATEXs), in the agency's NEPA implementing procedures is a way to reduce unnecessary paperwork and delay. This revision clarifies what types of activities fall under CATEXs and normally do not require additional NEPA analysis.

The U.S. Small Business Administration (SBA or Agency) is modifying its method for calculating average annual receipts used to prescribe size standards for small businesses. Specifically, in accordance with the Small Business Runway Extension Act of 2018, SBA is changing its regulations on the calculation of average annual receipts for all of SBA's receipts-based size standards, and for other agencies' proposed receipts-based size standards, from a 3-year averaging period to a 5-year averaging period, outside of the SBA Business Loan and Disaster Loan Programs. SBA intends to seek comment on the Business Loan and Disaster Loan Programs in a proposed rule through a separate rulemaking. For all other programs, SBA adopts a transition period through January 6, 2022, during which firms may choose between using a 3-year averaging period and a 5-year averaging period.

In this document, the Federal Communications Commission (the FCC or Commission) adopts rules for 911 calls made from multi-line telephone systems (MLTS), pursuant to Kari's Law, the conveyance of dispatchable location with 911 calls, as directed by RAY BAUM'S Act, and the consolidation of the Commission's 911 rules. The President recently signed into law two statutes designed to improve emergency calling: Kari's Law applies to MLTS, which are telephone systems that serve consumers in environments such as office buildings, campuses, and hotels. Kari's Law requires MLTS systems in the United States to enable users to dial 911 directly, without having to dial a prefix to reach an outside line, and to provide for notification (e.g., to a front desk or security office) when a 911 call is made; RAY BAUM'S Act requires the Commission to conduct a rulemaking proceeding to consider adopting rules to ensure that ``dispatchable location'' is conveyed with 911 calls, regardless of the technological platform used, so that 911 call centers will receive the caller's location automatically and can dispatch responders more quickly. ``Dispatchable location'' is defined as ``the street address of the calling party, and additional information such as room number, floor number, or similar information necessary to adequately identify the location of the calling party.'' The Commission adopts rules to implement Kari's Law and initiates the rulemaking on dispatchable location required by RAY BAUM'S Act. The Commission also consolidates the Commission's existing 911 rules into a single rule part.

The National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking in the Federal Register on September 23, 2019, seeking comments from the public regarding its proposed rule concerning the Nonemployee Status of University and College Students Working in Connection with their Studies. On October 16, 2019, the date to submit comments to the Notice of Proposed Rulemaking was extended for 60 days. The date to submit comments to the Notice is now extended an additional 30 days.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the general air quality regulations submitted by the Washington Department of Ecology. The four categories of revisions to the State Implementation Plan (SIP) proposed for approval in this action are: Revising the adoption by reference date for federal regulations cross referenced in the state regulations; revising the definition of volatile organic compounds (VOC) to match changes to the federal definition; updating public involvement procedures for the new source review air permitting program to reflect changes to the federal requirements, allowing greater use of electronic notice and electronic access to information; and correcting typographical errors and minor wording changes for clarity.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision formally submitted by the Commonwealth of Virginia. Whenever EPA promulgates a new or revised national ambient air quality standard (NAAQS or standard), the Clean Air Act (CAA) requires states to make SIP submissions to provide for the implementation, maintenance, and enforcement of the NAAQS. 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. Virginia has formally submitted a SIP revision addressing the following infrastructure elements, or portions thereof, of section 110(a) of the CAA for the 2015 ozone NAAQS: CAA section 110(a)(2)(A), (B), (C), (D)(i)(II), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is proposing to approve Virginia's submittal addressing the infrastructure requirements for the 2015 ozone NAAQS in accordance with the requirements of section 110(a) of the CAA.

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Wyoming regulatory program (Wyoming program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Wyoming proposes both revisions of and additions to its coal rules and regulations concerning valid existing rights and individual civil penalties, as well as ownership and control provisions. Wyoming also proposes to revise a provision concerning periodic monitoring of blasting. Wyoming revised its program to address deficiencies we previously identified, which are now consistent with the corresponding Federal regulations and SMCRA.

The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) revision submitted on January 15, 2019, and two revisions submitted on March 7, 2019, by the State of Missouri. The January 15, 2019, revision requests EPA remove from the Missouri SIP the regulations that established state trading programs under the Clean Air Interstate Rule (CAIR). The EPA is only finalizing the removal of the CAIR annual nitrogen oxides (NOX) and sulfur dioxide (SO2) trading program rules. The EPA will act on the revisions to the State's CAIR seasonal NOX trading program in a separate action. The March 7, 2019, submissions request EPA approve into the SIP Missouri's Cross-State Air Pollution Rule (CSAPR) state trading program rules for SO2, annual NOX, and ozone season NOX. This approval automatically terminates Missouri EGUs' requirements to participate in the corresponding CSAPR Federal trading programs. Like the Federal trading programs being replaced, the state trading programs approved in this SIP revision fully satisfy Missouri's good neighbor obligations with respect to the 1997 and 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) and the 1997 ozone NAAQS and at least partially satisfy the State's good neighbor obligations with respect to the 2008 ozone NAAQS. This revision will not have an adverse effect on air quality. The EPA's approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA) and the regulations governing approval of CSAPR SIPs.