February 2020 – Federal Register Recent Federal Regulation Documents

The Federal Energy Regulatory Commission (Commission) approves Reliability Standard CIP-012-1 (Cyber SecurityCommunications between Control Centers). The North American Electric Reliability Corporation (NERC), the Commission-certified Electric Reliability Organization, submitted Reliability Standard CIP-012-1 for Commission approval in response to a Commission directive. In addition, the Commission directs NERC to develop modifications to the CIP Reliability Standards to require protections regarding the availability of communication links and data communicated between bulk electric system Control Centers.

Pursuant to the Federal Clean Air Act (CAA or the Act), the United States Environmental Protection Agency (U.S. EPA) is finalizing approval of revisions to the Texas (TX) State Implementation Plan (SIP) submitted on February 22, 2019, that revised the State's New Source Review (NSR) permitting rules contained in Title 30 of the Texas Administrative Code (TAC) Chapter 116 Control of Air Pollution by Air Permits for New Construction or Modification. Our final action on the February 22, 2019, submittal also addresses portions of an April 16, 2014, SIP submittal pertaining to the permitting of Greenhouse Gas (GHG) emissions that were subsequently invalidated by the U.S. Supreme Court. The February 22, 2019, submittal appropriately removes these provisions from the Texas SIP.

This rule revises U.S. Department of the Interior regulations implementing the Native American Graves Protection and Repatriation Act to provide for annual adjustments of civil penalties to account for inflation under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget guidance. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes.

This interim rule with request for public comment adds a new part to our regulations to implement the Regioinal Conservation Partnership Program (RCPP). RCPP enhances conservation and promotes coordination between NRCS and its partners to help producers and landowners increase the restoration and sustainable use of soil, water, and wildlife on a regional or watershed scale. NRCS, an agency of the USDA, administers RCPP, which is funded through CCC. RCCP is reauthorized by the Agriculture Improvement Act of 2018 (the 2018 Farm Bill), which streamlined RCPP administration, including elimination of ``covered program'' financial transfers and replacement of covered program contracts with RCPP contracts and programmatic partnership agreements. Section 2504 of the 2018 Farm Bill authorizes NRCS to implement RCPP through an Availability of Program Funding (APF) announcement in FY 2019 without issuing a regulation. This interim administration authority expired September 30, 2019, and section 1271E(e) of the RCPP statute, as amended, requires NRCS to administer RCPP through a regulation going forward. Therefore, NRCS is publishing this interim rule to incorporate the 2018 Farm Bill changes to RCPP program administration.

The Coast Guard is issuing non-substantive technical, organizational, and conforming amendments to existing regulations in parts 1, 100, 110, and 165 of Title 33 of the Code of Federal Regulations. These amendments update and clarify general regulations in part 1, and update regulations for Field Districts 5, 8, 9, 11, 13, 14, and 17 to reflect the current status of regulated navigation areas, special local regulations, anchorages, safety zones, and security zones. This rule will have no substantive effect on the regulated public.

The Environmental Protection Agency (EPA) is taking final action to approve in part and conditionally approve in part revisions to the Imperial County Air Pollution Control District (ICAPCD or ``District'') portion of the California State Implementation Plan (SIP). These revisions concern the ICAPCD's Reasonably Available Control Technology (RACT) requirements for the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS) and negative declarations for several source categories. We are approving the local SIP revisions to demonstrate that RACT is implemented as required under the Clean Air Act (CAA or ``the Act'').

This action modifies the Class D airspace and Class E surface airspace at Bowman Field, Louisville, KY; establishes Class E surface airspace designated as an extension to a Class C surface area at Louisville Muhammad Ali International Airport, Louisville, KY; revokes the Class E airspace designated as an extension to a Class D or Class E surface area at Bowman Field Airport; and modifies the Class E airspace extending upward from 700 feet above the surface at Louisville Muhammad Ali International Airport and Bowman Field Airport. This action is due to an airspace review caused by the decommissioning of the Bowman 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 name of the Louisville Muhammad Ali International Airport is also being updated to coincide with the FAA's aeronautical database.

The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS) is issuing this interim final rule to amend its Foreign Quarantine regulations, to enable CDC to require airlines to collect, and provide to CDC, certain data regarding passengers and crew arriving from foreign countries for the purposes of health education, treatment, prophylaxis, or other appropriate public health interventions, including travel restrictions.

The FAA is superseding Airworthiness Directive (AD) 2018-19-25 and AD 2014-03-12, which applied to all Dassault Aviation Model FALCON 2000 airplanes. Those ADs required revising the existing maintenance or inspection program, as applicable, to incorporate new maintenance requirements and airworthiness limitations. Since the FAA issued AD 2018-19-25, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This AD continues to require those maintenance or inspection program revisions, and also requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2003-09-04 R1, which applied to certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet series 100 & 440) airplanes. AD 2003-09-04 R1 required revising the airworthiness limitations for certain structural inspections; repair if necessary; and submission of inspection findings to the airplane manufacturer. This AD revises the applicability to include additional airplanes; revises certain compliance times; and requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD was prompted by a report of fatigue cracks occurring on the pressure floor skin at fuselage stations (FS) 460 and 513. 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 Boeing Model 707 airplanes and Model 720 and 720B series airplanes. This AD was prompted by the FAA's analysis of the Model 707 and 720 fuel system reviews conducted by the manufacturer. This AD requires modifying the fuel quantity indicating system (FQIS) to prevent development of an ignition source inside the center fuel tank due to electrical fault conditions. The FAA is issuing this AD to address the unsafe condition on these products.

The Federal Emergency Management Agency (FEMA) proposes to make two changes to its regulations regarding publication requirements of community eligibility status information under the National Flood Insurance Program (NFIP). First, FEMA proposes to replace outdated regulations that require publication of community loss of eligibility notices in the Federal Register with a requirement that FEMA publish this information on the internet or by another comparable method. Second, FEMA proposes to replace its requirement that FEMA maintain a list of communities eligible for flood insurance in the Code of Federal Regulations with a requirement that FEMA publish this list on the internet or by another comparable method.

On September 25, 2019, the Food and Nutrition Service published meal pattern tables in Agency rules. This document corrects the presentation of tables in the final rule.

The Board of Governors of the Federal Reserve System (``Board'') is amending Regulation D (Reserve Requirements of Depository Institutions) to revise the rate of interest paid on balances maintained to satisfy reserve balance requirements (``IORR'') and the rate of interest paid on excess balances (``IOER'') maintained at Federal Reserve Banks by or on behalf of eligible institutions. The final amendments specify that IORR is 1.60 percent and IOER is 1.60 percent, a 0.05 percentage point increase from their prior levels. The amendments are intended to enhance the role of such rates of interest in maintaining the Federal funds rate in the target range established by the Federal Open Market Committee (``FOMC'' or ``Committee'').

The Pipeline and Hazardous Materials Safety Administration is publishing this final rule to amend its minimum safety standards for underground natural gas storage facilities (UNGSFs). On December 19, 2016, PHMSA issued an interim final rule (IFR) establishing regulations in response to the 2015 Aliso Canyon incident and the subsequent mandate in section 12 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016. The IFR incorporated by reference two American Petroleum Institute (API) Recommended Practices (RPs): API RP 1170, ``Design and Operation of Solution-mined Salt Caverns Used for Natural Gas Storage'' (First Edition, July 2015); and API RP 1171, ``Functional Integrity of Natural Gas Storage in Depleted Hydrocarbon Reservoirs and Aquifer Reservoirs'' (First Edition, September 2015). The IFR required each provision in the API RPs to apply as mandatory (i.e., each ``should'' statement would apply as a ``shall'') unless an operator provides written justification for not implementing the practice, including an explanation for why it is impracticable and not necessary for safety. Based on the comments received to the IFR and a petition for reconsideration, PHMSA has determined that the RPs, as originally published, will provide PHMSA with a stronger basis upon which to base enforcement than the IFR. This final rule also addresses recommendations from commenters and a petition for reconsideration of the IFR by modifying compliance timelines, revising the definition of a UNGSF, clarifying the states' regulatory role, reducing recordkeeping and reporting requirements, formalizing integrity management practices, and adding risk management requirements for solution-mined salt caverns.

VA proposes to clarify implementation of sec. 642 of the National Defense Authorization Act (NDAA) for Fiscal Year 2013 (FY13), which eliminated automatic enrollment in Family Servicemembers' Group Life Insurance (FSGLI) for insurable dependents who are members of a uniformed service and are automatically covered under Servicemembers' Group Life Insurance (SGLI). VA proposes that a SGLI-covered member who marries another SGLI-eligible member after January 1, 2013, the date on which the FY13 NDAA was enacted, or is married to a person who becomes eligible for SGLI after January 1, 2013, may only enroll or re-enroll in or increase FSGLI-spousal coverage, upon applying for such coverage and providing proof of his or her spouse's good health. Further, VA proposes not to require a SGLI covered member to apply or provide proof of good health for a member spouse or for a member dependent child to continue FSGLI coverage in force at the time the spouse or dependent child became a SGLI eligible member.

The Food and Drug Administration (FDA or we) is announcing that LANXESS Corporation has filed a petition proposing that the food additive regulations be amended to provide for the safe use of calcium formate as a feed acidifying agent, to lower the pH, in complete feeds for swine or poultry.

The Environmental Protection Agency (EPA) is proposing to conditionally approve portions of the Georgia and North Carolina infrastructure State Implementation Plan (SIP) submissions for the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS) provided to EPA on September 24, 2018, and September 27, 2018, respectively. Whenever EPA promulgates a new or revised NAAQS, the Clean Air Act (CAA or Act) requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each such NAAQS, commonly referred to as an ``infrastructure SIP.'' Specifically, EPA is proposing to conditionally approve the portions of the Georgia and North Carolina infrastructure SIP submissions related to the prevention of significant deterioration (PSD) infrastructure elements for the 2015 8-hour ozone NAAQS.

The Environmental Protection Agency (EPA) is proposing to conditionally approve portions of the Tennessee infrastructure State Implementation Plan (SIP) submission for the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS) provided to EPA on September 13, 2018. Whenever EPA promulgates a new or revised NAAQS, the Clean Air Act (CAA or Act) requires that states adopt and submit a SIP for the implementation, maintenance, and enforcement of each such NAAQS, commonly referred to as an ``infrastructure SIP.'' Specifically, EPA is proposing to conditionally approve the portions of the Tennessee infrastructure SIP submission related to the prevention of significant deterioration (PSD) infrastructure elements for the 2015 8-hour ozone NAAQS.

The FAA is superseding Airworthiness Directive (AD) 2015-04-04 for Bell Helicopter Textron Inc. (Bell) Model 412 and 412EP helicopters. AD 2015-04-04 required revising the Rotorcraft Flight Manual (RFM) for your helicopter and installing a placard to limit flights to visual flight rules (VFR) and prohibit night operations because of failing inverters. This AD requires replacing the affected inverter with a new inverter. This AD was prompted by numerous failures of inverters. The FAA is issuing this AD to address the unsafe condition on these products.

We are finalizing our proposed regulations specifying the information Social Security beneficiaries and applicants must provide to designate individuals as their possible representative payee in advance of our determination that the beneficiary needs a representative payee. These regulations additionally set forth how we will consider an individual's advance designation when we select a representative payee, and fulfill our obligation under 201 of the Strengthening Protections for Social Security Beneficiaries Act of 2018.

The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice (Notice) of a proposed policy statement (Proposed Policy Statement or Proposal). DOE is proposing to extend the standard 20-year term for authorizations to export natural gas from the lower-48 statesincluding domestically produced liquefied natural gas (LNG), compressed natural gas, and compressed gas liquidto countries with which the United States does not have a free trade agreement (FTA) requiring national treatment for trade in natural gas, and with which trade is not prohibited by U.S. law or policy (non-FTA countries). Under the Proposal, existing non-FTA authorization holders could apply to extend their export term through December 31, 2050, on a voluntary opt-in basis; existing applicants could amend their pending non-FTA application to request an export term through December 31, 2050, on a voluntary opt-in basis; and DOE would issue all future non-FTA export authorizations with a standard export term lasting through December 31, 2050, unless a shorter term is requested by the applicant. In this document, DOE discusses the Proposed Policy Statement and invites comments on the Proposal. DOE is proposing this policy change under section 3(a) of the Natural Gas Act (NGA) and DOE's implementing regulations.

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.

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.

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.