April 23, 2020 – Federal Register Recent Federal Regulation Documents

Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use
Document Number: C1-2020-07659
Type: Rule
Date: 2020-04-23
Agency: Federal Emergency Management Agency, Department of Homeland Security
Disclosure of Information in Litigation
Document Number: 2020-08756
Type: Rule
Date: 2020-04-23
Agency: Department of Homeland Security
The Department of Homeland Security (DHS) is revising procedural requirements in regulations related to service of process of summonses, complaints, and subpoenas.
Airworthiness Directives; Airbus Helicopters Deutschland GmbH Helicopters
Document Number: 2020-08623
Type: Proposed Rule
Date: 2020-04-23
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Helicopters Deutschland GmbH Model MBB-BK 117 D-2 helicopters. This proposed AD was prompted by the discovery that certain longitudinal trim actuators, lateral trim actuators, and yaw trim actuators, which are certified for installation on MBB-BK117 C-2 helicopters, were erroneously listed as eligible for installation on MBB-BK 117 D-2 helicopters. This proposed AD would require removing the affected parts from service and prohibit installing the affected parts on MBB-BK 117 D-2 helicopters. The FAA is proposing this AD to address the unsafe condition on these products.
Airworthiness Directives; Leonardo S.p.a. Helicopters
Document Number: 2020-08622
Type: Proposed Rule
Date: 2020-04-23
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for Leonardo S.p.a. (Leonardo) Model A109E, A109S, and AW109SP helicopters. This proposed AD would require inspecting each fire extinguisher bottle for a crack. This proposed AD was prompted by a report of a cracked fire extinguisher bottle. The actions of this proposed AD are intended to address an unsafe condition on these helicopters.
Airworthiness Directives; Airbus Helicopters
Document Number: 2020-08583
Type: Proposed Rule
Date: 2020-04-23
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Helicopters Model AS-365N2, AS 365N3, EC 155B, EC155B1, and SA-365N1 helicopters. This proposed AD would require modifying the main gearbox (MGB) tail rotor (T/R) drive flange installation. This proposed AD was prompted by several reported occurrences of loss of tightening torque of the Shur-Lok nut, which serves as a retainer of the T/R drive flange. The actions of this proposed AD are intended to address an unsafe condition on these products.
Air Plan Approval; Pennsylvania; Attainment Plan for the Allegheny Pennsylvania Nonattainment Area for the 2010 Sulfur Dioxide Primary National Ambient Air Quality Standard
Document Number: 2020-08573
Type: Rule
Date: 2020-04-23
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Pennsylvania Department of Environmental Protection (PADEP) on behalf of the Allegheny County Health Department (ACHD). The SIP revision, submitted on October 3, 2017, provides for attainment of the 2010 sulfur dioxide (SO2) primary national ambient air quality standard (NAAQS) in the Allegheny Pennsylvania SO2 nonattainment area (hereafter referred to as the ``Allegheny Area'' or ``Area''). The SIP submission includes an attainment plan, including an attainment demonstration showing SO2 attainment in the Area, an analysis of reasonably available control technology (RACT) and reasonably available control measures (RACM) requirements, enforceable emission limitations and control measures, a reasonable further progress (RFP) plan, and contingency measures for the Allegheny Area. EPA is approving new SO2 emission limits and associated compliance parameters for the four major sources of SO2 in the Allegheny Area into the Allegheny County portion of the Pennsylvania SIP. Three of the sources (Clairton Coke Works, Edgar Thomson, and Irvin Works) are collectively known as the U.S. Steel (USS) Mon Valley Works, and the fourth is the Harsco Metals Facility, also referred to as Braddock Recovery. EPA is also approving the base year emissions inventory for the Allegheny Area and ACHD's certification that the nonattainment new source review (NNSR) permit program meets requirements. These revisions to the Pennsylvania SIP are in accordance with the requirements of the Clean Air Act (CAA).
Revocation of VHF Omnidirectional Range (VOR) Federal Airway V-61 and Amendment of Area Navigation Route T-286 Due to the Decommissioning of the Robinson, KS, VOR
Document Number: 2020-08556
Type: Rule
Date: 2020-04-23
Agency: Federal Aviation Administration, Department of Transportation
This action changes the effective date of a final rule published in the Federal Register on March 9, 2020, removing VHF Omnidirectional Range (VOR) Federal airway V-61 and extending area navigation (RNAV) route T-286 in its place due to the planned decommissioning of the Robinson, KS, VOR navigation aid (NAVAID). The FAA is delaying the effective date to coincide with the slipped decommissioning date of the Robinson VOR to September 10, 2020, and the anticipated completion of pre-requisite air traffic control (ATC) training necessary to safely implement new air traffic procedures necessary to adopt the rule amendments.
National Organic Program (NOP); Request for Comment on Organic Livestock and Poultry Practices Economic Analysis Report
Document Number: 2020-08548
Type: Proposed Rule
Date: 2020-04-23
Agency: Agricultural Marketing Service, Department of Agriculture
The USDA Agricultural Marketing Service (AMS) requests public comment on an Economic Analysis Report related to the Organic Livestock and Poultry Practices final rule (OLPP Rule), published on January 19, 2017, and the final rule withdrawing the OLPP Rule (Withdrawal Rule), published on March 13, 2018. The public comment process for the Economic Analysis Report is being conducted consistent with an Order of the United States District Court for the District of Columbia, which granted USDA's Motion to Remand a legal challenge to the Withdrawal Rule for purposes of clarifying and supplementing the record regarding the economic analysis underlying both the OLPP Rule and the Withdrawal Rule. (See Organic Trade Association v. USDA; Civil Action No. 17-1875 (RMC) (March 12, 2020), ECF No. 112).
Airworthiness Directives; Airbus Helicopters (Previously Eurocopter France)
Document Number: 2020-08531
Type: Rule
Date: 2020-04-23
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding Airworthiness Directive (AD) 2008-24-04 for Eurocopter France (now Airbus Helicopters) Model AS355E, AS355F, AS355F1, AS355F2, and AS355N helicopters. AD 2008-24-04 required repetitively inspecting the lubricating pump and checking the magnetic chip detector plug (chip detector) and the main gearbox (MGB) oil-sight glass. This new AD retains the requirements of AD 2008-24-04 and allows the option of altering the MGB oil flow distribution as a terminating action for the inspections. This AD was prompted by an alteration developed by Airbus Helicopters of the MGB oil flow distribution that corrects the unsafe condition. The actions of this AD are intended to address an unsafe condition on these products.
Energy Efficiency Program for Industrial Equipment: Test Procedures for Fans, Notice of Petition for Rulemaking
Document Number: 2020-08316
Type: Proposed Rule
Date: 2020-04-23
Agency: Department of Energy
This document announces receipt of a petition received by DOE on January 10, 2020, from the Air Movement and Control Association (AMCA), International, Air Conditioning Contractors of America, and Sheet Metal & Air Conditioning Contractors of America requesting that DOE establish a Federal test procedure for commercial and industrial fans. The petition, which appears at the end of this document, requests that DOE resume a previous DOE rulemaking effort to establish a Federal test procedure for commercial and industrial fans, and that such test procedure be based on an upcoming industry test method. This document summarizes the substantive aspects of this position and requests public comments on the merits of the petition.
Air Plan Approval; Texas; Construction Prior to Permit Amendment Issuance
Document Number: 2020-08156
Type: Proposed Rule
Date: 2020-04-23
Agency: Environmental Protection Agency
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve a revision to the Texas (TX) State Implementation Plan (SIP) proposed January 29, 2020 and submitted for parallel processing by the State on January 30, 2020. The proposal amends certain air quality permitting rules located in Title 30 of the Texas Administrative Code (TAC), Section 116, Control of Air Pollution by Permits for New Construction or Modification. These revisions amend the State's New Source Review permitting regulations via the addition of new, proposed Section 116.118, Construction While Permit Application Pending. This proposed new section will allow applicants for certain permit amendments to begin construction after the executive director has completed a technical review and issued a draft permit including the permit amendment for public review and comment, i.e., prior to final permit issuance. Non-substantive, administrative-type, editorial changes, such as grammar, re-lettering, and reference revisions and/or corrections are also included in the revisions the EPA is proposing for approval.
Fisheries of the Exclusive Economic Zone Off Alaska; Reclassifying Sculpin Species in the Groundfish Fisheries of the Bering Sea and Aleutian Islands and the Gulf of Alaska
Document Number: 2020-08145
Type: Proposed Rule
Date: 2020-04-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes regulations to implement Amendment 121 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands (BSAI) Management Area (BSAI FMP) and Amendment 110 to the FMP for Groundfish of the Gulf of Alaska (GOA) (GOA FMP), collectively referred to as Amendments 121/110. If approved, this proposed rule would prohibit directed fishing for sculpins by federally permitted groundfish fishermen and specify a sculpin retention limit in the GOA and BSAI groundfish fisheries. This action is necessary to properly classify sculpins in the BSAI and GOA FMPs. This proposed rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), Amendments 121/110, the BSAI and GOA FMPs, and other applicable laws.
Extension of Currently Open Comment Periods for Rulemakings in Response to the COVID-19 Pandemic
Document Number: 2020-08109
Type: Proposed Rule
Date: 2020-04-23
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The coronavirus disease 2019 (``COVID-19'') pandemic may present challenges to the ability of market participants and other members of the public to submit timely comments on the Commission's proposed rulemakings. Accordingly, the Commission is extending the comment period for the rulemakings listed herein until the dates specified herein in order to provide market participants and other members of the public an additional period of time to comment on the proposed rulemakings.
Implementation of the Truth-in-Billing Provisions of the Television Viewer Protection Act of 2019
Document Number: 2020-07968
Type: Rule
Date: 2020-04-23
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Media Bureau, Federal Communications Commission (Commission), grants a blanket extension until December 20, 2020, of the effective date of new truth-in-billing requirements in the Television Viewer Protection Act of 2019.
Air Plan Approval; Illinois; Reasonable Further Progress Plan and Other Plan Elements for the Chicago Nonattainment Area for the 2008 Ozone Standard
Document Number: 2020-07817
Type: Proposed Rule
Date: 2020-04-23
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Illinois State Implementation Plan (SIP) to meet the base year emissions inventory, reasonable further progress (RFP), RFP contingency measures, and motor vehicle inspection and maintenance (I/M) requirements of the Clean Air Act (CAA) for the Illinois portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin area (Chicago area) for the 2008 ozone national ambient air quality standard (NAAQS or standard). EPA is also proposing to approve the 2017 transportation conformity motor vehicle emissions budgets (MVEBs) for the Illinois portion of the Chicago area for the 2008 ozone NAAQS. EPA is proposing to approve the state's submission as a SIP revision pursuant to section 110 and part D of the CAA and EPA's regulations because it satisfies the emissions inventory, RFP, RFP contingency measures, I/M, and transportation conformity requirements for areas classified as moderate nonattainment for the 2008 ozone NAAQS. Final approval of the Illinois SIP as meeting the I/M and RFP requirements of the CAA for the 2008 ozone NAAQS will permanently stop the Federal Implementation Plan (FIP) clocks for those specific elements, which were triggered by EPA's December 11, 2017 finding that Illinois failed to submit certain required SIP elements for the 2008 ozone NAAQS.
In the Matter of Electronic Delivery of MVPD Communications; Modernization of Media Regulation Initiative
Document Number: 2020-07759
Type: Rule
Date: 2020-04-23
Agency: Federal Communications Commission, Agencies and Commissions
In this final rule document, we adopt proposals to modernize the Commission's carriage election notice rules with respect to certain television broadcast stations and open video systems (OVS) operators. First, we conclude that low power television stations (LPTVs) that qualify for mandatory carriage (qualified LPTVs) must send notices to affected multichannel video programming distributors (MVPDs) by email when changing their carriage election status in the same manner as full power television broadcast stations. However, unlike the requirement for full power television broadcast stations, qualified LPTVs and noncommercial educational (NCE) television translator stations that qualify for must carry (qualified NCE translators) will not be required to make their carriage election statements available for public inspection. Second, we find that MVPDs with carriage-related questions should be able to rely on the contact information provided by qualified LPTV and qualified NCE translator stations in the Commission's Licensing and Management System (LMS) database. If an MVPD contacts the phone number or email address provided by the station regarding a concern about carriage, those concerns must be addressed as soon as is reasonably possible. Third, we conclude that, in the same manner as cable operators, OVS operators must post contact information for questions regarding carriage election to the Cable Operations and Licensing System (COALS) database, accept email election change notices, and timely respond to carriage-related questions. Through this Order, we continue our efforts to modernize our rules.
Auction of Priority Access Licenses for the 3550-3650 MHz Band; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 105
Document Number: 2020-07584
Type: Rule
Date: 2020-04-23
Agency: Federal Communications Commission, Agencies and Commissions
This document summarizes the procedures and deadlines for the upcoming auction of Priority Access Licenses for the 3350-3650 MHz Band. The Auction 105 Procedures Public Notice summarized here is intended to familiarize applicants with the procedures and other requirements governing participation in Auction 105 by providing details regarding the procedures, terms, conditions, dates, and deadlines, as well as an overview of the post-auction application and payment processes. This document also summarizes a subsequent announcement of changes to various dates associated with Auction 105 made in light of COVID-19 pandemic.
Endangered and Threatened Wildlife and Plants; Reclassifying the Golden Conure From Endangered to Threatened With a Section 4(d) Rule
Document Number: 2020-07571
Type: Rule
Date: 2020-04-23
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), reclassify the golden conure (Gauruba guarouba) under the Endangered Species Act of 1973, as amended (Act), from endangered to threatened on the Federal List of Endangered and Threatened Wildlife (List). Our determination is based on a thorough review of the best available scientific and commercial information, which indicates that the golden conure no longer meets the definition of an endangered species, but is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. We are also establishing a rule pursuant to section 4(d) of the Act for the golden conure to provide for its further conservation. Additionally, this final rule updates the List to reflect the latest scientifically accepted taxonomy and nomenclature for the species as Guaruba guarouba, golden conure.
FEDERAL DEPOSIT INSURANCE CORPORATION
Document Number: 2020-07449
Type: Rule
Date: 2020-04-23
Agency: Federal Reserve System, Agencies and Commissions, Department of Treasury, Office of the Comptroller of the Currency
This interim final rule makes temporary changes to the community bank leverage ratio framework, pursuant to section 4012 of the Coronavirus Aid, Relief, and Economic Security Act (statutory interim final rule). As of the second quarter 2020, a banking organization with a leverage ratio of 8 percent or greater (and that meets other qualifying criteria) may elect to use the community bank leverage ratio framework. The statutory interim final rule also establishes a two-quarter grace period for a qualifying community banking organization whose leverage ratio falls below the 8-percent community bank leverage ratio requirement, so long as the banking organization maintains a leverage ratio of 7 percent or greater. The temporary changes to the community bank leverage ratio framework implemented by this statutory interim final rule will cease to be effective as of the earlier of the termination date of the national emergency concerning the coronavirus disease declared by the President on March 13, 2020, under the National Emergencies Act, or December 31, 2020. To provide clarity to banking organizations, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation issued concurrently an interim final rule that provides a transition from the temporary 8-percent community bank leverage ratio requirement to a 9- percent community bank leverage ratio requirement.
Regulatory Capital Rule: Transition for the Community Bank Leverage Ratio Framework
Document Number: 2020-07448
Type: Rule
Date: 2020-04-23
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions, Federal Reserve System, Department of Treasury, Office of the Comptroller of the Currency
This interim final rule provides a graduated transition to a community bank leverage ratio requirement of 9 percent from the temporary 8-percent community bank leverage ratio requirement (transition interim final rule). When the requirements in the transition interim final rule become applicable, the community bank leverage ratio will be 8 percent beginning in the second quarter of calendar year 2020, 8.5 percent through calendar year 2021, and 9 percent thereafter. The transition interim final rule also maintains a two-quarter grace period for a qualifying community banking organization whose leverage ratio falls no more than 1 percentage point below the applicable community bank leverage ratio requirement. The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation (together, the agencies) issued concurrently an interim final rule that established an 8-percent community bank leverage ratio, as mandated under the Coronavirus Aid, Relief, and Economic Security Act. The agencies are issuing the transition interim final rule to provide community banking organizations with sufficient time and clarity to meet the 9 percent leverage ratio requirement under the community bank leverage ratio framework while they also focus on supporting lending to creditworthy households and businesses given the recent strains on the U.S. economy caused by the coronavirus disease emergency.
Significant New Use Rules on Certain Chemical Substances (19-2.B)
Document Number: 2020-07397
Type: Rule
Date: 2020-04-23
Agency: Environmental Protection Agency
EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which are the subject of premanufacture notices (PMNs). This action requires persons to notify EPA least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this rule. The required notification initiates EPA's evaluation of the intended use within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required as a result of that determination.
Light-Duty Vehicle Greenhouse Gas Program Technical Amendments
Document Number: 2020-07098
Type: Rule
Date: 2020-04-23
Agency: Environmental Protection Agency
EPA is finalizing two technical corrections to the light-duty vehicle greenhouse gas (GHG) emissions standards regulations which were first promulgated in the 2012 rulemaking that established standards for model years 2017-2025 light-duty vehicles. First, EPA is correcting regulations pertaining to how auto manufacturers calculate credits for the GHG program's optional advanced technology incentives. This final rule corrects an error to ensure that auto manufacturers receive the appropriate amount of credits for electric vehicles, plug-in hybrid electric vehicles, fuel cell electric vehicles, and natural gas fueled vehicles. Second, this rule corrects an error in the regulations regarding how manufacturers must calculate certain types of off-cycle credits. Both of these corrections allow the program to be implemented as originally intended. The corrections are not expected to result in any additional regulatory burdens or costs.
Expanding Flexible Use of the 3.7 to 4.2 GHz Band
Document Number: 2020-05164
Type: Rule
Date: 2020-04-23
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) adopts rules to reform the use of the 3.7-4.2 GHz band, also known as the C-Band. By repacking existing satellite operations into the upper 200 megahertz of the band (and reserving a 20 megahertz guard band), the Commission makes 280 megahertz of spectrum available for flexible use throughout the contiguous United States, and does so in a manner that ensures the continuous and uninterrupted delivery of services currently offered in the band. The Commission will hold a public auction to ensure that the public recovers a substantial portion of the value of this resource. And the Commission schedules that auction for later this year, with a robust transition schedule to ensure that a significant amount of spectrum is made available quickly for upcoming 5G deployments. This action is the next critical step in advancing American leadership in 5G and implementing the Commission's comprehensive 5G FAST Plan. The Commission modified the Report and Order released on March 3, 2020 with an erratum released on March 27, 2020 and a second erratum released on April 16, 2020. The changes from the first and second errata are included in this document.
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