March 2020 – Federal Register Recent Federal Regulation Documents

This supplemental notice of proposed rulemaking (SNPRM) includes clarifications, modifications and additions to certain provisions in the Strengthening Transparency in Regulatory Science Proposed Rulemaking (``2018 proposed rulemaking,'' Ref. 1), published on April 30, 2018. This SNPRM proposes that the scope of the rulemaking apply to influential scientific information as well as significant regulatory decisions. This notice proposes definitions and clarifies that the proposed rulemaking applies to data and models underlying both pivotal science and pivotal regulatory science. In this SNPRM, EPA is also proposing a modified approach to the public availability provisions for data and models that would underly significant regulatory decisions and an alternate approach. Finally, EPA is taking comment on whether to use its housekeeping authority independently or in conjunction with appropriate environmental statutory provisions as authority for taking this action.

The Board is adopting a rule (final rule) that simplifies the Board's capital framework while preserving strong capital requirements for large firms. The final rule would integrate the Board's regulatory capital rule (capital rule) with the Comprehensive Capital Analysis and Review (CCAR), as implemented through the Board's capital plan rule (capital plan rule). The final rule makes amendments to the capital rule, capital plan rule, stress test rules, and Stress Testing Policy Statement. Under the final rule, the Board will use the results of its supervisory stress test to establish the size of a firm's stress capital buffer requirement, which replaces the static 2.5 percent of risk-weighted assets component of a firm's capital conservation buffer requirement. Through the integration of the capital rule and CCAR, the final rule would remove redundant elements of the current capital and stress testing frameworks that currently operate in parallel rather than together, including the CCAR quantitative objection and the assumption that a firm makes all capital actions under stress. The final rule applies to bank holding companies and U.S. intermediate holding companies of foreign banking organizations that have $100 billion or more in total consolidated assets.

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

In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are soliciting public comment regarding the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. The Act requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. Accordingly, we are soliciting public comment on the current list of select agents and toxins in our regulations and suggestions regarding any addition or reduction of the animal or plant pathogens currently on the list of select agents.

NMFS is opening directed fishing for sablefish with fixed gear managed under the Individual Fishing Quota (IFQ) Program and the Community Development Quota (CDQ) Program. The season will open 1200 hours, Alaska local time (A.l.t.), March 14, 2020, and will close 1200 hours, A.l.t., November 15, 2020. This period is the same as the 2020 commercial halibut fishery opening dates adopted by the International Pacific Halibut Commission. The IFQ and CDQ halibut season is specified by a separate publication in the Federal Register of annual management measures.

The FAA is superseding Airworthiness Directive (AD) 2017-15- 01, which applied to certain The Boeing Company Model 777 airplanes. AD 2017-15-01 required replacing the existing mode control panel (MCP) with a new MCP having a different part number. This AD retains the requirements of AD 2017-15-01, expands the applicability to include certain other airplanes, and adds a new requirement for certain airplanes to identify and replace the affected parts. This AD was prompted by a determination that the affected parts may be installed on airplanes outside of the original applicability of AD 2017-15-01. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA proposes to supersede Airworthiness Directive (AD) 2018-18-02, which applies to certain Austro Engine GmbH model E4 engines and to all Austro Engine E4P engines. AD 2018-18-02 requires replacement of the timing chain and amending certain airplane flight manuals (AFMs) to limit the use of windmill restarts only as an emergency procedure. Since the FAA issued AD 2018-18-02, Austro Engine GmbH revised the applicable Airworthiness Limitation Section (ALS) including the limitation required by AD 2018-18-02 for the timing chain subjected to a windmill restart. This proposed AD would require amendment of certain existing AFMs to limit the use of windmill restarts and remove the timing chain replacement requirement that exists in AD 2018-18-02. The timing chain replacement requirement in accordance with new life limits defined in the revised ALS will be proposed in a new and separate AD. The FAA is proposing this AD to address the unsafe condition on these products.

In this document, the Federal Communications Commission (Commission) proposes and seeks comment on the procedures to be used for Phase I of the Rural Digital Opportunity Fund auction, designated as Auction 904.

CCC is correcting an interim rule that was published in the Federal Register on February 13, 2020, to incorporate the 2018 Farm Bill changes to the Regional Conservation Partnership Program (RCPP) program administration. There was an unintentional error that omitted several paragraphs in a certain section in the RCPP rule. CCC and NRCS are also extending the comment period for the interim rule.

This final rule removes DoD's regulation concerning the National Guard Bureau Privacy Program. On April 11, 2019, the Department of Defense published a revised DoD-level Privacy Program rule, which contains the necessary information for an agency-wide privacy program regulation under the Privacy Act and now serves as the single Privacy Program rule for the Department. That revised Privacy Program rule also includes all DoD component exemption rules. Therefore, this part is now unnecessary and may be removed from the CFR.

This document contains a correction to Treasury Decision 9888, which was published in the Federal Register on Wednesday, December 18, 2019. Treasury Decision 9888 contained final regulations providing guidance regarding the distribution by a distributing corporation of stock or securities of a controlled corporation without the recognition of income, gain, or loss.

The Department of Defense is publishing this final rule to add licensed or certified physical therapist assistants (PTAs) and occupational therapy assistants (OTAs) as TRICARE-authorized providers to engage in physical therapy or occupational therapy under the supervision of a TRICARE-authorized licensed registered physical therapist or occupational therapist in accordance with Medicare's rules for supervision and qualification. This rule aligns TRICARE with Medicare's policy, which permits PTAs or OTAs to provide physical or occupational therapy when supervised by a licensed registered physical therapist or occupational therapist.

The Environmental Protection Agency (EPA) is approving 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. These 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. EPA is approving Virginia's submittal addressing the following infrastructure elements, or portions thereof, of section 110(a)(2) 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 approving Virginia's submittal as a SIP revision in accordance with the requirements of section 110(a) of the CAA.

The U.S. Environmental Protection Agency is allocating production and consumption allowances for specific hydrochlorofluorocarbons, a type of ozone-depleting substance, for the years 2020 through 2029. These hydrochlorofluorocarbons may be used to service certain equipment manufactured before 2020. The EPA is also updating other requirements under the program for controlling production and consumption of ozone-depleting substances, as well as making edits to the regulatory text for improved readability and clarity. These updates include revising the labeling requirements for containers of specific hydrochlorofluorocarbons; prohibiting the transfer of hydrochlorofluorocarbon allowances allocated through this rulemaking into allowances for hydrochlorofluorocarbons that have already been phased out; requiring the use of an electronic reporting system for producers, importers, exporters, transformers, and destroyers of controlled ozone-depleting substances; revising and removing recordkeeping and reporting requirements; improving the process for petitioning to import used ozone-depleting substances for reuse, including by creating more flexibility for imports of used halon from certain halon banks and exempting imports of aircraft bottles containing halon 1211 for hydrostatic testing from the petition process; creating a certification process for importing both used and virgin ozone-depleting substances for destruction; and restricting the sale of known illegally imported substances. This rule includes clarifications to the certification requirements for methyl bromide quarantine and preshipment uses. The EPA is also adding polyurethane foam systems containing ozone-depleting chlorofluorocarbons to the list of nonessential products. Lastly, the Agency is updating the definition of ``destruction'' as used in the context of the production and consumption phaseout and removing obsolete provisions.

The Environmental Protection Agency (EPA) is proposing to approve a portion of a State Implementation Plan (SIP) revision submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (also known as GA EPD), on September 19, 2006, with a clarification submitted on November 6, 2006 and a supplemental submittal transmitted on November 27, 2019. EPA is proposing to approve portions of a definition that impacts existing minor new source review (NSR) permitting regulations because the State has demonstrated it is consistent with the Clean Air Act (CAA or Act).

On March 9, 2020, the Department of the Treasury published a proposed rule that would establish a fee for parties filing a voluntary notice of certain transactions for review by the Committee on Foreign Investment in the United States. This rule corrects the comment due date for the proposed rule.

In this document, the Media Bureau of the Federal Communications Commission (Commission) seeks comment on whether good cause exists for granting a blanket six-month extension of the effective date of new truth-in-billing requirements in the Television Viewer Protection Act of 2019, until December 20, 2020.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A320-214, -232, and -271N airplanes, and Model A321-231 airplanes. This AD was prompted by a report of a production line inspection finding of damage on a main landing gear (MLG) side stay attachment outboard lug. This AD requires an inspection for discrepancies of the MLG side stay attachment outboard lugs, left-hand and right-hand sides, and applicable corrective action, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. 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 Leonardo S.p.A. Model AW169 helicopters. This proposed AD would require modifying the weight on wheels (WoW) support installation on the main landing gear (MLG). This proposed AD is prompted by a report that an inappropriately tightened WoW support could result in a rotation of the support and improper WoW switch performance. The actions of this proposed AD are intended to correct an unsafe condition on these products.

The Coast Guard will enforce a temporary safety zone between mile marker (MM) 95.7 and MM 96.7 above Head of Passes, Lower Mississippi River, LA. This action is necessary to provide for the safety of life on these navigable waters near New Orleans, LA, during a fireworks display on April 7, 2020. During the enforcement periods, the operator of any vessel in the regulated area must comply with directions from the Patrol Commander or any Official Patrol displaying a Coast Guard ensign.

This action proposes to amend Class D airspace by updating the geographic coordinates, and remove Class E airspace extending upward from 700 feet above the surface at Bogue Field Marine Corps Auxiliary Landing Field, (MCALF), Bogue, NC, at the request of the US Marine Corps. Class E airspace is no longer required, as there are no instrument approaches into Bogue Field MCALF. This action would also replace the outdated term Airport/Facility Directory with term Chart Supplement in the legal description of associated Class D airspace. This action would enhance the safety and management of controlled airspace within the National Airspace System.

The Drug Enforcement Administration proposes adjusting the fee schedule for registration and reregistration fees necessary to recover the costs of its Diversion Control Program relating to the registration and control of the manufacture, distribution, dispensing, importation and exportation of controlled substances and list I chemicals as mandated by the Controlled Substances Act.

Pursuant to the Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve a revision to the Arkansas State Implementation Plan (SIP) submitted by the State of Arkansas through the Arkansas Division of Environmental Quality (ADEQ) on August 13, 2019. The SIP submittal addresses requirements of the Act and the Regional Haze Rule for visibility protection in mandatory Class I Federal areas (Class I areas) for the first implementation period. The EPA is proposing to approve an alternative measure to best available retrofit technology (BART) for sulfur dioxide (SO2), particulate matter (PM), and nitrogen oxide (NOX) at the Domtar Ashdown Mill and elements of the SIP submittal that relate to these BART requirements at this facility. In addition, we are proposing to approve the withdrawal from the SIP the previously approved PM10 BART limit and the federal implementation plan (FIP) provisions for the Domtar Ashdown Mill. The EPA is also concurrently proposing to approve Arkansas' interstate visibility transport provisions from the August 10, 2018, regional haze SIP submittal as supplemented by the visibility transport provisions in the October 4, 2019, interstate transport SIP submittal, which covers the following national ambient air quality standards (NAAQS): The 2006 24-hour fine particulate matter (PM2.5) NAAQS; the 2012 annual PM2.5 NAAQS; the 2008 and 2015 eight-hour ozone (O3) NAAQS; the 2010 one-hour nitrogen dioxide (NO2) NAAQS; and the 2010 one-hour SO2 NAAQS.

The Department of Veterans Affairs (VA) is amending the definition of ``member's stillborn child'' for purposes of Servicemembers' Group Life Insurance (SGLI) to mean a fetus whose fetal weight is 350 grams or more or whose duration in utero is 20 completed weeks of gestation. As a result, a fetus whose duration in utero is 20 completed weeks of gestation but who weighs less than 350 grams qualifies as a ``member's stillborn child.''