2024 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) or (the Agency) is making four minor corrections to a final rule that appeared in the Federal Register on July 26, 2024. The final rule related to regulatory changes to incorporate export manifests and other manifest-related reports (i.e., Discrepancy, Exception, and Unmanifested Waste Reports) into e-Manifest as well as other changes related to manifests, including for polychlorinated biphenyls under the Toxic Substances Control Act.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ) on behalf of the Louisville Metro Pollution Control District (Jefferson County or District) via a letter dated May 30, 2023. The purpose of the revision is to clarify that a fire for general agricultural production must be a controlled burn; to allow the use of District-approved accelerants to start certain fires; and to adjust paragraph numbering. EPA is proposing to approve the changes pursuant to the Clean Air Act (CAA or Act).

This document amends the Table of FM Allotments, of the Federal Communications Commission's (Commission) rules, by allotting Channel 284A at Huntley, Montana, as the community's first local service. To accommodate the allotment, we modify the license of KYSX, Billings, Montana to specify operation on Channel 286A in lieu of Channel 283C1. A staff engineering analysis reveals that Channel 284A can be allotted to Huntley, Montana, consistent with the minimum distance separation requirements of the Commission's rules with a site restriction of 13.9 km (8.6 miles) north of the community.

NMFS proposes regulations to require a charter halibut stamp (stamp) for charter vessel anglers, age 18 years or older, for each day and each trip they intend to catch and retain halibut on a charter vessel in International Pacific Halibut Commission (IPHC) regulatory area 2C (Southeast Alaska) and 3A (Southcentral Alaska). Persons who hold charter halibut permits (CHPs) would purchase stamps, which would be electronic, from NMFS. Charter vessel guides would be required to validate a stamp for each adult charter vessel angler intending to catch and retain halibut. NMFS would ultimately transfer the collected fees from the stamp purchases to the Recreational Quota Entity (RQE) to purchase halibut Quota Share (QS) issued in the Halibut and Sablefish Individual Fishing Quota (IFQ) Program on behalf of the charter halibut fishery. This proposed rule is necessary to promote stability and economic viability in the charter halibut fishery, and is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Northern Pacific Halibut Act of 1982 (Halibut Act), and other applicable laws.

The FAA is superseding Airworthiness Directive (AD) 2024-04- 11, which applied to certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. AD 2024-04-11 required modifying the variable frequency generator (VFG) power-feeder harness routing. Since the FAA issued AD 2024-04-11, the FAA received a report of damage to a VFG power-feeder harness, resulting in the loss of the associated VFG and the posting of the L GEN FAIL (Caution) message. This AD continues to require modifying the VFG power-feeder harness routing, and also requires inspecting the VFG power-feeder harnesses for damage and clearance, repairing or replacing the VFG power-feeder harnesses if necessary, modifying and adjusting the VFG power-feeder harnesses if necessary, and prohibiting dispatch of certain airplanes under certain master minimum equipment list (MMEL) items; as specified in a Transport Canada emergency AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

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.

The Food and Drug Administration (FDA or we) is responding to the objection that we received from the Environmental Defense Fund, Breast Cancer Prevention Partners, Environmental Protection Network, Environmental Working Group, and Healthy Babies Bright Futures on the final rule that amended the food additive regulations to no longer provide for the use of 25 plasticizers that the petition identified as ortho-phthalates because these food additive uses have been permanently abandoned. After reviewing the objection, FDA has concluded that the objection does not provide a basis for modifying FDA's final rule amending the food additive regulations.

The Coast Guard is temporarily modifying the operating schedule that governs the Hunters Point Ave Bridge across Dutch Kills, mile 1.4, at Queens County, NY. NYCDOT installed a temporary work platform at Hunters Point Ave Bridge on May 6, 2024 to perform blasting and painting operations. The work platform prevents the bridge from opening to marine traffic. Until the bridge operations are complete the bridge must remain in the closed position.

We, the U.S. Fish and Wildlife Service (Service), list the Ocmulgee skullcap (Scutellaria ocmulgee), a plant species from Georgia and South Carolina as an endangered species under the Endangered Species Act of 1973 (Act), as amended. We also designate critical habitat. In total, approximately 6,661 acres (2,696 hectares) in Bibb, Bleckley, Burke, Columbia, Houston, Monroe, Pulaski, Richmond, Screven, and Twiggs Counties, Georgia, and in Aiken and Edgefield Counties, South Carolina, fall within the boundaries of the critical habitat designation. This rule extends the protections of the Act to this species and its designated critical habitat.

This proposed rule would implement a recommendation from the Administrative Committee for Pistachios (Committee) to decrease the assessment rate established for the 2024-2025 and subsequent production years from $0.0007 to $0.0003 per pound of assessable pistachios handled under the marketing order. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

In December 2023, the U.S. Environmental Protection Agency (EPA) requested comment on the proposed the Lead and Copper Rule Improvements (LCRI), which informed the revisions to the National Primary Drinking Water Regulation (NPDWR) for lead and copper. After consideration of public comment on the LCRI, and consistent with the provisions set forth under the Safe Drinking Water Act (SDWA), the EPA is finalizing revisions to the NPDWR for lead and copper. In this rule, the agency is finalizing requirements for drinking water systems to replace lead and certain galvanized service lines. The final rule also removes the lead trigger level, reduces the lead action level to 0.010 mg/L, and strengthens tap sampling procedures to improve public health protection and simplify implementation relative to the 2021 Lead and Copper Rule Revisions (LCRR). Further, this final rule strengthens corrosion control treatment, public education and consumer awareness, requirements for small systems, and sampling in schools and child care facilities. The final rule will significantly reduce the adverse human health impacts of exposure to toxic lead in drinking water.

In accordance with the regulations implementing the individual fishing quota (IFQ) and Federal dealer reporting specific to the commercial reef fish fishery in the Gulf of Mexico (Gulf) and the coastal migratory pelagic (CMP) fisheries in the Gulf, the Regional Administrator (RA), Southeast Region, NMFS has determined that the catastrophic conditions caused by Hurricane Helene in the Gulf for certain Florida counties still exist. This temporary rule authorizes in the described affected area any dealer who does not have access to electronic reporting to delay reporting of dealer reports (trip tickets), any Southeast Region Headboat Survey (SRHS) program participant to delay reporting electronic logbooks, and authorizes IFQ dealers within the affected area to use paper-based forms, if necessary, for basic required administrative functions, e.g., landing transactions. This temporary rule is intended to facilitate continuation of IFQ and dealer reporting operations during the period of catastrophic conditions.

In this final rule, NMFS updates the Atlantic highly migratory species (HMS) regulations regarding the sea turtle safe handling and release requirements and equipment in the HMS pelagic and bottom longline fisheries. This action is based in part on two technical memoranda published by NMFS' Southeast Fisheries Science Center (SEFSC). The regulatory updates replace some of the more technical terms with those that are more commonly used, add more detail to make the regulations more understandable, and add additional tools or options for fishermen to use to safely handle and release sea turtles. In addition, this final rule simplifies the regulations by removing redundancies, making minor changes in formatting, and revising wording to clarify responsibility of implementation.

This proposed rule would update FRA's procedures for waivers and safety-related proceedings to define the two components of the statutory waiver and suspension standard, "in the public interest" and "consistent with railroad safety." By defining these terms, FRA intends to clarify the standard the agency will apply when evaluating petitions for regulatory relief. FRA also proposes to require petitions for relief to include evidence of meaningful consultation with appropriate stakeholders. Additionally, FRA proposes to make minor updates to agency rules of practice.

The Corporation for National and Community Service (operating as AmeriCorps) is finalizing its adoption of the Federal Policy for Protection of Human Subjects (referred to as the Common Rule). The Common Rule outlines the basic ethical principles and procedures that an agency will abide by when conducting or sponsoring research involving human subjects. Among the procedures required by the Common Rule are use of institutional review boards (IRBs), obtaining informed consent of research subjects, and requiring submission of assurances of compliance with the rule. AmeriCorps is making the Common Rule applicable to itself, meaning that all research involving human subjects conducted, supported, or otherwise subject to regulation by AmeriCorps will be subject to the Common Rule's ethical principles and procedures.

The Environmental Protection Agency (EPA) is approving an October 27, 2023, submittal from the Wisconsin Department of Natural Resources (WDNR) to align provisions approved in the Wisconsin State Implementation Plan (SIP) with current Wisconsin administrative rules and statutes. WDNR requested that certain provisions previously approved into the Wisconsin SIP under now obsolete numbering schemes be renumbered to ensure citations in the Wisconsin SIP reflect the current numbering systems of the Wisconsin Administrative Code (WAC) and the Wisconsin Statutes (Wis. Stats.). WDNR also requested that EPA approve rule and statute provisions that have been revised since they were approved into the Wisconsin SIP. Finally, WDNR requested removal of rules and statutes from the Wisconsin SIP that are no longer in effect in Wisconsin. Approval of these changes in the Wisconsin SIP will not impact the state's air quality or ability to meet Clean Air Act (CAA) requirements. EPA proposed to approve this action on May 16, 2024, and received no comments.

The FAA proposes to adopt a new airworthiness directive (AD) for all Rolls-Royce Deutschland Ltd & Co KG Model Trent 1000-AE3, Trent 1000-CE3, Trent 1000-D3, Trent 1000-G3, Trent 1000-H3, Trent 1000-J3, Trent 1000-K3, Trent 1000-L3, Trent 1000-M3, Trent 1000-N3, Trent 1000- P3, Trent 1000-Q3, Trent 1000-R3, Trent 7000-72, and Trent 7000-72C engines. This proposed AD was prompted by reports of cracked intermediate pressure compressor (IPC) shaft assembly front air seals. This proposed AD would require an inspection of the affected IPC shaft assembly for cracking and, depending on the results of the inspection, repetitive inspections or replacement of the IPC shaft assembly front air seals, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is proposing this AD to address the unsafe condition on these products.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 2,415-acre "Beverly, Washington" viticultural area (AVA) in Grant County, Washington. The Beverly, Washington AVA is located entirely within the established Columbia Valley AVA. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft Regulatory Guide (DG), DG-1427, "Qualification of Fiber-Optic Cables, Connections, and Optical Fiber Splices for Use in Safety Systems for Production and Utilization Facilities." DG-1427 is newly proposed Revision 0 of Regulatory Guide (RG) 1.257 and describes an approach that is acceptable to the staff of the NRC for use in complying with NRC regulations that address the environmental qualification of fiber-optic cables, connections, and optical fiber splices in safety systems in production and utilization facilities.

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Neuse River in New Bern, North Carolina adjacent to the New Bern downtown waterfront and Union Point Park. This action is necessary to provide for the safety of life on these waters during an aerobatic air show on November 30, 2024. This rule prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port (COTP) North Carolina or a designated representative.

This document sets forth proposed rules that would amend the regulations regarding coverage of certain preventive services under the Public Health Service Act. Specifically, this document proposes rules that would provide that medical management techniques used by non- grandfathered group health plans and health insurance issuers offering non-grandfathered group or individual health insurance coverage with respect to such preventive services would not be considered reasonable unless the plan or issuer provides an easily accessible, transparent, and sufficiently expedient exceptions process that would allow an individual to receive coverage without cost sharing for the preventive service that is medically necessary with respect to the individual, as determined by the individual's attending provider, even if such service is not generally covered under the plan or coverage. These proposed rules also contain separate requirements that would apply to coverage of contraceptive items that are preventive services under the Public Health Service Act. Specifically, these proposed rules would require plans and issuers to cover certain recommended over-the-counter contraceptive items without requiring a prescription and without imposing cost-sharing requirements. In addition, the proposed rules would require plans and issuers to cover certain recommended contraceptive items that are drugs and drug-led combination products without imposing cost-sharing requirements, unless a therapeutic equivalent of the drug or drug-led combination product is covered without cost sharing. Finally, this document proposes to require a disclosure pertaining to coverage and cost-sharing requirements for over-the-counter contraceptive items in plans' and issuers' Transparency in Coverage internet-based self-service tools or, if requested by the individual, on paper. These proposed rules would not modify Federal conscience protections related to contraceptive coverage for employers, plans and issuers.

NMFS received a request from the Don Young Port of Alaska (POA) for authorization to take marine mammals incidental to the Cargo Terminals Replacement Project at the existing port facility in Anchorage, Alaska over the course of 5 construction seasons (2026 through 2030). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations setting forth permissible methods of taking, other means of effecting the least practicable adverse impact on such marine mammal stocks (i.e., mitigation measures), and requirements pertaining to monitoring and reporting such takes and requests comments on the proposed regulations. NMFS will consider public comments prior to making any final decision on the promulgation of the requested MMPA regulations, and NMFS's responses to public comments will be summarized in the final notification of our decision.

FRA is proposing to amend certain regulations governing positive train control (PTC) systems. Since December 31, 2020, by law, PTC systems have generally governed rail operations on PTC-mandated main lines, which encompass nearly 59,000 route miles today. Through FRA's oversight and continued engagement with the industry, FRA has found that its existing PTC regulations do not adequately address temporary situations during which PTC technology is not enabled, including after certain initialization failures or in cases where a PTC system needs to be temporarily disabled to facilitate repair, maintenance, infrastructure upgrades, or capital projects. FRA expects PTC systems to be reliable and robust, further reducing the occurrence of initialization failures and outages. This NPRM proposes to establish strict parameters and operating restrictions under which railroads may continue to operate safely in certain necessary scenarios when PTC technology is temporarily not governing rail operations. The purpose of this NPRM is to enable continued, safe operations and improve rail safety by facilitating prompt repairs, upgrades, and restoration of PTC system service.

This document corrects technical and typographical errors in the final rule that appeared in the April 15, 2024 issue of the Federal Register entitled, "Patient Protection and Affordable Care Act, HHS Notice of Benefit and Payment Parameters for 2025; Updating Section 1332 Waiver Public Notice Procedures; Medicaid; Consumer Operated and Oriented Plan (CO-OP) Program; and Basic Health Program." The effective date of the final rule was June 4, 2024.

NMFS announces the approval of amendment 8 to the Fishery Management Plan (FMP) for the U.S. West Coast Highly Migratory Species (HMS). This amendment updates essential fish habitat (EFH) provisions in the existing HMS FMP. This amendment promotes the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) which requires periodic review and revision of EFH components of FMPs as warranted based on available information.