February 10, 2020 – Federal Register Recent Federal Regulation Documents
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West Virginia Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of proposed amendments to the West Virginia regulatory program (hereinafter, the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through these proposed amendments, West Virginia seeks to revise its program to amend its statutory and regulatory provisions that involve blasting and make organizational changes within the West Virginia Department of Environmental Protection (WVDEP).
Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities (December 2019)
This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.
Fisheries of the Northeastern United States; Implementing Permitting and Reporting for Private Recreational Tilefish Vessels; Correction
This action corrects errors in the comment identifier and the comments link specified in the ADDRESSES section of the proposed rule to implement permitting and reporting for private recreational tilefish vessel published in the Federal Register on January 29, 2020.
Pacific Island Fisheries; 2019-2021 Annual Catch Limits and Accountability Measures
NMFS proposes to implement main Hawaiian Islands (MHI) annual catch limits (ACLs) and accountability measures (AMs) for deepwater shrimp, precious corals, and gray jobfish (uku) in 2019-2021, and for Kona crab in 2019. The proposed ACLs and AMs support the long-term sustainability of Pacific Island fisheries.
Use of Non-LSC Funds, Transfers of LSC Funds, Program Integrity; Cost Standards and Procedures
This further notice of proposed rulemaking provides public notice for comment about one substantive change to the Legal Services Corporation's (LSC or Corporation) regulation regarding cost standards at 45 CFR part 1630 that would permit LSC to question and disallow costs in addition to other, already available remedial measures when a recipient uses non-LSC funds in violation of the LSC restrictions that apply to non-LSC funds. This notice is in addition to the notice of proposed rulemaking for 45 CFR part 1610 and 1630 published on August 12, 2019.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Infrastructure Requirements for the 2015 Ozone Standard and Revisions to Modeling Requirements
The Environmental Protection Agency (EPA) is proposing rulemaking action on two state implementation plan (SIP) revisions submitted by the State of Delaware. Whenever EPA promulgates a new or revised National Ambient Air Quality Standard (NAAQS), states are required to make a SIP submission showing how the existing approved SIP has all the provisions necessary to meet the requirements of the new or revised NAAQS, or to add any needed provisions necessary to meet the revised NAAQS. The SIP revision is required to address basic program elements, including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. Delaware has made a submittal addressing the infrastructure requirements for the 2015 ozone NAAQS and EPA is proposing to approve Delaware's SIP revision addressing the infrastructure requirements for the 2015 ozone NAAQS in accordance with the requirements of Clean Air Act (CAA) section 110(a). EPA is also approving a second submittal from Delaware which updates a reference to the current version of EPA's modeling guidance.
Air Plan Approval; Tennessee; Chattanooga Miscellaneous Revisions
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Chattanooga portion of the Tennessee State Implementation Plan (SIP) submitted by the State of Tennessee through the Tennessee Department of Environment and Conservation (TDEC) on behalf of the Chattanooga/Hamilton County Air Pollution Control Bureau (Bureau) on September 12, 2018. The SIP submittal removes and replaces the Chattanooga City Code, Air Pollution Control Ordinances pertaining to the Chattanooga-Hamilton County Air Pollution Control Board (Board), powers and duties of the Board, penalties, enforcement and permit fees. The SIP revision that EPA is proposing to approve is consistent with the requirements of the Clean Air Act (CAA or Act).
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Emissions Statement Certification for the 2015 Ozone National Ambient Air Quality Standard
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision formally submitted by the Commonwealth of Virginia (Virginia). Under the Clean Air Act (CAA), a state's SIP must require stationary sources in ozone nonattainment areas classified as marginal or above to report annual emissions of nitrogen oxides (NOX) and volatile organic compounds (VOC). The SIP revision provides Virginia's certification that its existing emissions statement program satisfies the emissions statement requirements of the CAA for the 2015 ozone National Ambient Air Quality Standard (NAAQS). EPA is proposing to approve Virginia's emissions statement program certification for the 2015 ozone NAAQS as a SIP revision in accordance with the requirements of the CAA.
Air Plan Approval; FL; 2010 1-Hour SO2
The Environmental Protection Agency (EPA) is proposing to approve Florida's September 18, 2018, State Implementation Plan (SIP) submission pertaining to the ``good neighbor'' provision of the Clean Air Act (CAA or Act) for the 2010 1-hour sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). The good neighbor provision requires each state's implementation plan to address the interstate transport of air pollution in amounts that contribute significantly to nonattainment, or interfere with maintenance, of a NAAQS in any other state. In this action, EPA is proposing to determine that Florida will not contribute significantly to nonattainment or interfere with maintenance of the 2010 1-hour SO2 NAAQS in any other state. Therefore, EPA is proposing to approve the September 18, 2018, SIP revision as meeting the requirements of the good neighbor provision for the 2010 1-hour SO2 NAAQS.
Proposed Establishment of Class E Airspace; Killdeer and New Town, ND
This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Dunn County Weydahl Field, Killdeer, ND, and New Town Municipal Airport, New Town, ND. The FAA is proposing this action due to the establishment of new public instrument procedures at these airports. Airspace design is necessary for the safety and management of instrument flight rules (IFR) operations at these airports.
Amendment of the Class E Airspace; Bowling Green and Somerset, KY
This action amends the Class E airspace area designated as a surface area and the Class E airspace extending upward from 700 feet above the surface at Bowling Green-Warren County Regional Airport, Bowling Green, KY, and Lake Cumberland Regional Airport, Somerset, KY. This action is due to an airspace review caused by the decommissioning of the Bowling Green 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 and geographic coordinates of Lake Cumberland Regional Airport are also being updated to coincide with the FAA's aeronautical database.
Revocation and Amendment of the Class E Airspace; Mansfield, LA
This action amends the Class E airspace extending upward from 700 feet above the surface at C E `Rusty' Williams Airport, Mansfield, LA. This action is due to an airspace review caused by the decommissioning of the Mansfield non-directional radio beacon (NDB) which provided navigation information for the instrument procedures at this airport. The name and geographic coordinates of C E `Rusty' Williams Airport would also be updated to coincide with the FAA's aeronautical database.
Proposed Amendment of Class E Airspace; Baraboo and Boscobel, WI
This action proposes to amend the Class E airspace extending upward from 700 feet above the surface at Reedsburg Municipal Airport, Reedsburg, WI, contained within the Baraboo, WI, airspace legal description, and Boscobel Airport, Boscobel, WI. The FAA is proposing these actions as the result of airspace reviews caused by the decommissioning of the Lone Rock 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 and geographic coordinates of Baraboo-Wisconsin Dells Regional Airport, Baraboo, WI, and geographic coordinates of Boscobel Airport 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 these airports.
Basic Health Program; Federal Funding Methodology for Program Year 2021
This document proposes the methodology and data sources necessary to determine federal payment amounts to be made for program year 2021 to states that elect to establish a Basic Health Program under the Affordable Care Act to offer health benefits coverage to low- income individuals otherwise eligible to purchase coverage through Affordable Insurance Exchanges.
Removal of Rule Designating Developing and Least-Developed Country Designations Under the Countervailing Duty Law
Elsewhere in this issue of the Federal Register, the U.S. Trade Representative is publishing a notice updating the designations of World Trade Organization (WTO) Members that are eligible for special de minimis countervailable subsidy and negligible import volume standards under the countervailing duty (CVD) law. This rule removes the regulations of the Office of the United States Trade Representative (USTR), that contain the designations superseded by the notice.
Express Loan Programs; Affiliation Standards
The U.S. Small Business Administration (SBA or Agency) is amending various regulations governing its business loan programs, including the SBA Express and Export Express Loan Programs and the Microloan and Development Company (504) loan programs. SBA previously published a Notice of Proposed Rulemaking addressing all of the topics and issues covered by this interim final rule and received extensive comments from the public. SBA is publishing this rule interim final rather than proceeding to a final rule in order to provide the public with an additional opportunity to comment. In addition, the rule will become effective in 30 days but compliance with two of the regulatory changes will not be required until October 1, 2020.
Air Plan Approval; Kentucky: Cross-State Air Pollution Rule
The Environmental Protection Agency (EPA) is approving changes to the Kentucky State Implementation Plan (SIP) concerning the Cross- State Air Pollution Rule (CSAPR) submitted by Kentucky on September 14, 2018, as later clarified on December 18, 2018. Under CSAPR, large electricity generating units (EGUs) in Kentucky are subject to Federal Implementation Plans (FIPs) requiring the units to participate in CSAPR's federal trading program for annual emissions of nitrogen oxides (NOX), one of CSAPR's two federal trading programs for ozone season emissions of NOX, and one of CSAPR's two federal trading programs for annual emissions of sulfur dioxide (SO2). This action approves into the SIP the Commonwealth's regulations requiring large Kentucky EGUs to participate in CSAPR state trading programs for annual NOX emissions and annual SO2 emissions integrated with the CSAPR federal trading programs, replacing the corresponding FIP requirements. EPA is approving the portions of the SIP revision concerning these CSAPR state trading programs because the SIP revision meets the requirements of the Clean Air Act (CAA or Act) and EPA's regulations for approval of a CSAPR full SIP revision replacing the requirements of a CSAPR FIP. Under the CSAPR regulations, approval of these portions of the SIP revision automatically eliminates Kentucky units' obligations to participate in CSAPR's federal trading programs for annual NOX emissions and annual SO2 emissions under the corresponding CSAPR FIPs addressing interstate transport requirements for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS) and the 2006 24-hour PM2.5 NAAQS. Approval of these portions of the SIP revision would also satisfy Kentucky's good neighbor obligation under the CAA to prohibit emissions which will significantly contribute to nonattainment or interfere with maintenance of the 1997 annual PM2.5 NAAQS and 2006 24-hour PM2.5 NAAQS.
Nomenclature Changes; Technical Amendment
This document makes nomenclature changes to the headings for a subchapter and various parts, subparts, and sections of the Code of Federal Regulations administered by the Agricultural Marketing Service (AMS). This action is necessary to conform with Office of the Federal Register requirements for regulatory language.
Privacy Act Regulations; Exemption for the Physical Security Access Files System
The Department of the Interior is amending its regulations to exempt certain records in the INTERIOR/DOI-46, Physical Security Access Files, system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative law enforcement requirements.
Unsafe and Unsound Banking Practices: Brokered Deposits Restrictions
The FDIC is inviting comment on proposed revisions to its regulations relating to the brokered deposits restrictions that apply to less than well capitalized insured depository institutions. The proposed rule would create a new framework for analyzing certain provisions of the ``deposit broker'' definition, including ``facilitating'' and ``primary purpose.'' The proposed rule would also establish an application and reporting process with respect to the primary purpose exception. The application process would be available to insured depository institutions and third parties that wish to utilize the exception.
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