January 2020 – Federal Register Recent Federal Regulation Documents

This proposed rule would implement a recommendation from the California Walnut Board (Board) to stay the reserve obligation and its requirements currently prescribed under the Federal marketing order for walnuts grown in California. The proposed rule would also make conforming changes to remove references to the reserve obligation and its requirements.

The Department publishes updated guidance on constitutionally protected prayer and religious expression in public elementary and secondary schools, dated January 16, 2020.

This document is a request for information (RFI) to seek public comments regarding the coordination of care from out-of-state providers for Medicaid-eligible children with medically complex conditions. We wish to identify best practices for using out-of-state providers to provide care to children with medically complex conditions; determine how care is coordinated for such children when that care is provided by out-of-state providers, including when care is provided in emergency and non-emergency situations; reduce barriers that prevent such children from receiving care from out-of-state providers in a timely fashion; and identify processes for screening and enrolling out-of-state providers in Medicaid, including efforts to streamline such processes for out-of-state providers or to reduce the burden of such processes on them. We intend to use the information received in response to this RFI to issue guidance to state Medicaid directors on the coordination of care from out-of-state providers for children with medically complex conditions.

This action proposes to amend three VHF Omnidirectional Range (VOR) Federal airways, V-12, V-74, and V-516, in the vicinity of Anthony, KS. The modifications are necessary due to the planned decommissioning of the VOR portion of the Anthony, KS, VOR/Tactical Air Navigation (VORTAC) navigation aid (NAVAID), which provides navigation guidance for portions of the affected air traffic service (ATS) routes. The Anthony VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

This action corrects a final rule published in the Federal Register of November 20, 2019, that amended, removed and established United States Area Navigation (RNAV) ATS routes in the western United States. ATS route T-268 had a geographic coordinate misidentified for HEMER, WA waypoint. This action corrects the geographic coordinate that was incorrectly listed in the final rule.

This action proposes to remove one Jet Route, J-105, and amend four VHF Omnidirectional Range (VOR) Federal airways, V-15, V-63, V- 272, and V-583, in the vicinity of McAlester, OK. The modifications are necessary due to the planned decommissioning of the VOR portion of the McAlester, OK, VOR/Tactical Air Navigation (VORTAC) navigation aid (NAVAID), which provides navigation guidance for portions of the affected air traffic service (ATS) routes. The McAlester VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

This action proposes to amend three VHF Omnidirectional Range (VOR) Federal airways, V-7, V-52, and V-178, in the vicinity of Central City, KY. The modifications are necessary due to the planned decommissioning of the VOR portion of the Central City, KY, VOR/ Tactical Air Navigation (VORTAC) navigation aid (NAVAID), which provides navigation guidance for portions of the affected air traffic service (ATS) routes. The Central City VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

The Environmental Protection Agency (EPA) is soliciting pre- proposal comments on a rulemaking effort known as the Cleaner Trucks Initiative (CTI). This advance notice describes EPA's plans for a new rulemaking that would establish new emission standards for oxides of nitrogen (NOX) and other pollutants for highway heavy-duty engines. It also describes opportunities to streamline and improve certification procedures to reduce costs for engine manufacturers. The EPA is seeking input on this effort from the public, including all interested stakeholders, to inform the development of a subsequent notice of proposed rulemaking.

The U.S. Nuclear Regulatory Commission (NRC) is issuing Regulatory Issue Summary (RIS) 2019-032, ``Pre-Application Communication and Scheduling for Accident Tolerant Fuel Submittals.'' This RIS seeks Accident Tolerant Fuel (ATF) scheduling information for pre-application activities, topical report submittals, and other licensing submittals from all addressees to help inform the NRC's budget and resource planning for the eventual review of ATF-related applications.

This rule is proposing to expand access for certain small business concerns in varying circumstances to the U.S. General Services Administration's (GSA) Federal Surplus Personal Property Donation Program in accordance with the Recovery Improvements for Small Entities After Disaster Act of 2015 (RISE Act), the Veterans Small Business Enhancement Act, and the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA). The statutes provide that small businesses in disaster areas, veteran-owned small businesses, and small business concerns located in Puerto Rico, respectively, should be considered for surplus personal property distributions. SBA, in coordination with GSA, is proposing certain procedures for determining which firms may participate in GSA's existing surplus personal property Program, and under what conditions.

The FAA proposes to supersede Airworthiness Directive (AD) 2005-23-09, which applies to all General Electric Company (GE) CF6- 80E1A1, -80E1A2, -80E1A3, -80E1A4, and -80E1A4/B model turbofan engines. AD 2005-23-09 requires initial and repetitive fluorescent- penetrant inspections (FPI) of certain areas of high-pressure compressor (HPC) cases, part number (P/N) 1509M97G07 and P/N 2083M69G03. Since the FAA issued AD 2005-23-09, GE performed an updated lifing analysis on the HPC case. As a result, GE found additional locations on the cases requiring FPI, revised the inspection interval for performing FPI of the existing location, and added an additional P/ N HPC case that requires inspection. This proposed AD would require an update of the Airworthiness Limitations Section (ALS) of GE Engine Manual GEK99376 and the operator's existing continuous airworthiness maintenance program (CAMP). The FAA is proposing this AD to address the unsafe condition on these products.

The Federal Deposit Insurance Corporation (FDIC) is adopting a final rule to rescind and remove rules regarding accounting requirements for State savings associations because these financial statement and disclosure requirements are substantially similar to, although more detailed than, otherwise applicable financial statement form and content requirements and disclosure requirements that a State savings association must satisfy under Federal banking or securities laws or regulations. The final rule adopts, without change, a notice of proposed rulemaking (NPR) published in the Federal Register on October 2, 2019, which received no comments.

The Environmental Protection Agency (EPA) is proposing to promulgate a Federal Implementation Plan (FIP) under the Clean Air Act (CAA) and the EPA's implementing regulations that consists of control requirements for new, modified, and existing oil and natural gas sources located on Indian country lands within the Uintah and Ouray Indian Reservation (also referred to as the U&O Reservation) to address air quality in and around the Uinta Basin Ozone Nonattainment Area in northeast Utah. The proposed FIP would also continue the streamlined approach to authorize new and modified minor oil and natural gas production sources on the reservation that has been established through national rulemakings. This proposed U&O FIP will establish emissions control requirements for oil and natural gas activity that contribute to the Uinta Basin's winter ozone problem; establish regulatory requirements that are the same or consistent between Indian country and neighboring jurisdictions within the Basin; and allow for reasonable continued development of the Basin's oil and natural gas resources on the Indian country lands within the U&O Reservation that are included in the current Uinta Basin Ozone Nonattainment Area. VOC emissions control requirements for existing oil and natural gas sources are currently required in areas of the Basin under Utah jurisdiction, but do not exist for most sources on the U&O Reservation. Additionally, this proposed U&O FIP will ensure new development on the U&O Reservation will not cause or contribute to a NAAQS violation. We are proposing to determine that it is necessary and appropriate to promulgate this proposed U&O FIP to protect air quality on the U&O Reservation, under the authority provided in the CAA and the EPA's Tribal Air Quality Planning and Management regulations. We designed this proposed U&O FIP to protect air quality while also providing the regulated community certainty that requirements will be consistent across the Uinta Basin and allow for continued, responsible development of new and modified minor oil and natural gas sources. Unless and until replaced by a Tribal Implementation Plan, this proposed U&O FIP will be implemented by the EPA, or by the Ute Indian Tribe if the EPA delegates that authority to the Tribe.

The Department of Health and Human Services is updating its regulations to reflect required annual inflation-related increases to the civil monetary penalties in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, and to make changes to reflect an amendment to the Federal Food, Drug, and Cosmetic Act by the Further Consolidated Appropriations Act, 2020 (effective January 1, 2020).

The FAA is superseding Airworthiness Directive (AD) 2017-12- 07, which applied to certain The Boeing Company Model 737-800, -900, and -900ER series airplanes. AD 2017-12-07 required replacing the affected left temperature control valve and control cabin trim air modulating valve. This AD retains the requirements of AD 2017-12-07, expands the applicability to include additional airplanes, and adds a new requirement for certain airplanes to identify and replace the affected parts. This AD was prompted by reports of in-flight failure of the left temperature control valve and control cabin trim air modulating valve. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 727, 727C, 727-100, 727-100C, 727- 200, and 727-200F series airplanes. This proposed AD was prompted by reports of nuisance stick shaker activation while the airplane accelerated to cruise speed at the top of climb. This proposed AD was also prompted by an investigation of those reports that revealed that the angle of attack (AOA) (also known as angle of airflow) sensor vanes could not prevent the build-up of ice, causing the AOA sensor vanes to become immobilized, which resulted in nuisance stick shaker activation. This proposed AD would require a general visual inspection of the AOA sensors for certain AOA sensors, and replacement of affected AOA sensors. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for certain ATRGIE Avions de Transport R[eacute]gional Model ATR42 airplanes and Model ATR72 airplanes. This proposed AD was prompted by reports of interference and chafing between a propeller brake hydraulic pipe and an electrical wire bundle bracket screw installed in the underwing box of the right-hand (RH) engine nacelle. This proposed AD would require a modification of the electrical wiring routing in the engine nacelles, a one-time detailed visual inspection (DVI) of the propeller brake hydraulic pipe and electrical wire bundle bracket screw head in the underwing box of the RH engine nacelle and, depending on findings, accomplishment of applicable corrective actions, as specified in a European Union Aviation Safety Agency (EASA) AD, which will be incorporated by reference. The FAA is proposing this AD to address the unsafe condition on these products.

NMFS has received a request from Hilcorp Alaska, LLC (Hilcorp) and Eni US Operating Co. Inc. (Eni) for authorization to take small numbers of marine mammals incidental to ice road and ice trail construction, maintenance, and operation in Alaska's North Slope, over the course of five years (2020-2025). As required by the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take and requests comments on the proposed regulations. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization and agency responses will be summarized in the final notice of our decision.

The final rule establishes regulations to implement the provisions relating to real estate transactions in section 721 of the Defense Production Act of 1950, as amended by the Foreign Investment Risk Review Modernization Act of 2018. This rule sets forth the scope of, and process and procedures relating to, the national security review by the Committee on Foreign Investment in the United States of certain transactions involving the purchase or lease by, or concession to, a foreign person of certain real estate in the United States. The interim rule also adds a new definition for the term ``principal place of business,'' and the Department of the Treasury is seeking comments on this definition.

The rule proposes to amend Department of Homeland Security (Department or DHS) regulations to implement Executive Order 13831 (Establishment of a White House Faith and Opportunity Initiative). Among other changes, this rule proposes changes to provide clarity about the rights and obligations of faith-based organizations participating in Department programs, to clarify the Department's guidance documents for financial assistance in regard to faith-based organizations, and to eliminate certain requirements for faith-based organizations that no longer reflect executive branch guidance. This proposed rulemaking is intended to ensure that the Department's social service programs are implemented in a manner consistent with the requirements of Federal law, including the First Amendment to the Constitution, and the Religious Freedom Restoration Act.

This proposed rule would amend USAID's regulations to implement Executive Order 13831, ``Establishment of a White House Faith and Opportunity Initiative.'' Among other changes, this rule proposes to provide clarity regarding the rights and obligations of faith-based organizations that are participating in USAID's programs, and is intended to ensure that the Agency's implements its programs and activities in a manner consistent with the requirements of Federal law, including the First Amendment to the Constitution and the Religious Freedom Restoration Act (RFRA).

This proposed rule would amend the Department of Health and Human Services' (``Department'') general regulations to implement Executive Order 13831, on the Establishment of a White House Faith and Opportunity Initiative. This proposed rule proposes changes to provide clarity about the rights and obligations of faith-based organizations participating in Department programs, clarify the Department's guidance documents for financial assistance with regard to faith-based organizations, and eliminate certain requirements for faith-based organizations that no longer reflect executive branch guidance or Supreme Court precedent. This proposed rulemaking is intended to ensure that the Department's programs are implemented in a manner consistent with the requirements of federal law, including the First Amendment to the Constitution and the Religious Freedom Restoration Act.

The rule proposes to amend United States Department of Veterans Affairs (Department) general regulations to implement Executive Order 13831 (Establishment of a White House Faith and Opportunity Initiative). Among other changes, this rule proposes changes to provide clarity about the rights and obligations of faith- based organizations participating in Department programs, clarify the Department's rules for financial assistance in regard to faith-based organizations, and eliminate certain requirements for faith-based organizations that no longer reflect executive branch guidance. This proposed rulemaking is intended to ensure that the Department's social service programs are implemented in a manner consistent with the requirements of federal law, including the First Amendment to the Constitution and the Religious Freedom Restoration Act.

On May 13, 2016, the Air Transport Association of America, Inc., and the International Air Transport Association filed suit against the United States Department of Agriculture, the Animal and Plant Health Inspection Service (APHIS), the Department of Homeland Security, Customs and Border Protection Agency (CBP), the Secretary of Agriculture, the Administrator of APHIS, the Commissioner of CBP, and the Secretary of Homeland Security, claiming APHIS' 2015 final rule setting fee structures for its Agricultural Quarantine and Inspection (AQI) program (Docket No. APHIS-2013-0021, effective December 28, 2015) (2015 Final Rule) violated the Food, Agriculture, Conservation and Trade Act of 1990 (FACT Act) and the Administrative Procedure Act (APA). In its March 28, 2018, Order, the U.S. District Court for the District of Columbia affirmed APHIS' cost methodology and the sufficiency of its data. Air Transport Ass'n of Am., Inc. v. U.S. Dep't of Agric., 303 F. Supp. 3d 28 (D.D.C. 2018). However, the Court held that in the rulemaking for the 2015 Final Rule, the ground upon which APHIS relied to justify setting fees at a level that enabled APHIS to maintain a reasonable balance in the AQI user fee account was an expired provision in the FACT Act. The Court remanded to APHIS the reserve portion of the 2015 Final Rule updating user fees for the AQI program. Accordingly, on April 26, 2019, APHIS published in the Federal Register a interpretative rule and request for comments, titled ``User Fees for Agricultural Quarantine and Inspection Services'' (Docket No. APHIS-2013-0021) (the Interpretive Rule). The Interpretive Rule clarified the agency's statutory authority to collect a reserve fund in support of AQI inspection activities, including by citing unexpired provisions of the FACT Act as the basis for collecting and maintaining a reserve. The Interpretive Rule requested public comment related to the legal authority for the reserve component of the AQI User Fee Program. This document responds to comments received on the Interpretive Rule and finalizes that rule.