April 2020 – Federal Register Recent Federal Regulation Documents

The FAA proposes to adopt a new airworthiness directive (AD) for Airbus Helicopters Model AS350B, AS350B1, AS350B2, AS350B3, AS350BA, AS350C, AS350D, AS350D1, AS355E, AS355F, AS355F1, AS355F2, AS355N, AS355NP, EC130B4, and EC130T2 helicopters. This proposed AD would require visually inspecting each main rotor gearbox (MGB) suspension bar attachment bracket bolt for missing bolt heads. Depending on the outcome of the visual inspection, measuring the tightening torque, removing certain parts, sending photos and reporting information to Airbus Helicopters, and completing an FAA-approved repair would be required. This proposed AD is prompted by a report of a missing MGB suspension bar attachment bolt head. The actions of this proposed AD are intended to address an unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for certain ATRGIE Avions de Transport R[eacute]gional Model ATR42-500 airplanes. This AD was prompted by a report of interference between bonding braid screws and pitch tab control rods on the ATR final assembly line. This AD requires an inspection of the bonding braid screws for proper installation, a detailed inspection for damage to the pitch tab control rods if necessary, and replacement of the pitch tab control rods if necessary, 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 is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747- 200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. This AD was prompted by fuel system reviews conducted by the manufacturer indicating that the existing bond path design provides insufficient bond resistance margin between the fuel pump motor/impeller and structure. This AD requires replacement of the bonding jumpers on the auxiliary power unit (APU) fuel pump. This AD also requires, for certain airplanes, installation of a second bonding jumper; an inspection of the override/jettison fuel pumps and transfer/ jettison fuel pumps to determine if the bonding jumper has a one-piece braid or two-piece braid and replacement of the bonding jumper if necessary; and replacement of the bonding jumper on the electrical scavenge fuel pump. The FAA is issuing this AD to address the unsafe condition on these products.

The Coast Guard is withdrawing its notice of proposed rulemaking concerning the Mathers Bridge across the Banana River, mile 0.5, at Indian Harbour Beach, FL. The bridge owner, Brevard County Public Works Department, proposed to change the bridge operating schedule to allow for scheduled openings in order to reduce traffic delays. After careful consideration of the comments from all parties, it was determined to be in the best interest of navigation to withdraw the NPRM.

On March 31, 2020, FRA published a notice of proposed rulemaking (NPRM) that proposed metrics and minimum standards for measuring the performance and service quality of intercity passenger train operations. FRA is announcing a public hearing to provide members of the public an opportunity to provide oral comments on the proposal. The public hearing will be held telephonically, instead of in-person.

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.

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) 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 safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

Secretarial Order 3376 addresses regulatory uncertainty on how agencies within the Department of the Interior manage recreational opportunities for electric bikes (E-bikes) on trails and paths where traditional bikes are allowed. To provide consistency in Federal policy among agencies with recreational opportunities pertinent to Secretarial Order 3376, the Bureau of Reclamation (Reclamation) is proposing to amend this regulation to add a definition for E-bikes and exempt E- bikes from the regulatory definition of an off-road vehicle where E- bikes are being used on roads and trails where mechanized, non- motorized use is allowed, they are not being propelled exclusively by a motorized source, and the appropriate regional director expressly determines through a formal decision that E-bikes should be treated the same as non-motorized bicycles. This proposed change would facilitate increased E-bike use where other types of bicycles are allowed in a manner consistent with existing use of Reclamation land, and increase recreational opportunities for all Americans, especially those with physical limitations.

The Federal Trade Commission (``FTC'' or ``Commission'') is extending the deadline for filing comments on its Trade Regulation Rule entitled ``Funeral Industry Practices Rule'' (``Funeral Rule'' or ``Rule'').

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) for the State of Missouri for a regulation that establishes nitrogen oxide (NOX) control equipment and NOX emission levels for Portland cement kilns. This final action will amend the SIP to include adding incorporations by reference, including definitions specific to the rule, revising unnecessarily restrictive language, updating test methods, and making other administrative wording changes. The EPA's approval of these rule revisions is being done in accordance with the requirements of the Clean Air Act (CAA).

This action proposes to add new supersonic airplanes to the applicability of noise certification regulations, and proposes landing and takeoff noise standards for a certain class of new supersonic airplanes. There is renewed interest in the development of supersonic aircraft, and the proposed regulations would facilitate the continued development of airplanes by specifying the noise limits for the designs, providing the means to certificate the airplanes for subsonic operation in the United States.

The Federal Emergency Management Agency (FEMA) is issuing a temporary rule to allocate certain scarce or threatened materials for domestic use, so that these materials may not be exported from the United States without explicit approval by FEMA. The rule covers five types of personal protective equipment (PPE), outlined below. While this rule remains in effect, and subject to certain exemptions stated below, no shipments of such designated materials may leave the United States without explicit approval by FEMA.

This document contains a correction to the effective date of the final regulations published on April 2, 2020, governing the take of marine mammals incidental to the University of California Santa Cruz's Partnership for Interdisciplinary Studies of Coastal Oceans (UCSC/ PISCO) rocky intertidal monitoring surveys along the Oregon and California coasts.

On April 1, 2020, the National Labor Relations Board (Board) published a final rule making three amendments to its rules and regulations governing the filing and processing of petitions for a Board-conducted representation election and proof of majority support in construction-industry collective-bargaining relationships. The purpose of this document is to postpone implementation of the rule during the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak. The Board therefore delays the effective date from June 1, 2020 to July 31, 2020.

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is amending the North Korea Sanctions Regulations to implement the Treasury-administered provisions of the North Korea Sanctions and Policy Enhancement Act of 2016, as amended by the Countering America's Adversaries Through Sanctions Act and the National Defense Authorization Act for Fiscal Year 2020. Specifically, OFAC is incorporating blocking and correspondent account sanctions provisions, adding a new prohibition that is applicable for persons that are owned or controlled by a U.S. financial institution and established or maintained outside the United States, adding new statutory exemptions relevant to certain newly added prohibitions, making technical and conforming edits to three definitions, revising an interpretive provision, and updating the authorities and delegation sections of the regulations. OFAC is also amending the definition of luxury goods.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A320-214, -216, -231, -232, -233, -251N, and -271N airplanes. This proposed AD was prompted by a report that following the installation of a second cargo fire extinguishing bottle, insufficient clearance between the cargo compartment fire extinguishing pipes was found. This proposed AD would require inspection and modification of the cargo compartment fire extinguishing pipes, and on- condition actions if necessary, 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.

The FAA proposes to supersede Airworthiness Directive (AD) 2019-03-11, which applies to certain Airbus SAS Model A350-941 and - 1041 airplanes. AD 2019-03-11 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance requirements and airworthiness limitations. Since AD 2019-03-11 was issued, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, 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.

The FAA is adopting a new airworthiness directive (AD) for certain General Electric Company (GE) CF34-1A, CF34-3A, CF34-3A1, CF34- 3A2, CF34-3B, and CF34-3B1 model turbofan engines. This AD was prompted by an in-flight failure of a fan blade that led to an in-flight shutdown. This AD requires removal and replacement of the affected fan blades. The FAA is issuing this AD to address the unsafe condition on these products.

The Coast Guard is establishing temporary safety zone for all navigable waters of the Ohio River from mile marker (MM) 731.0 to MM 734.0. This action is necessary to provide for the safety of life on these navigable waters near Troy, IN, during a wire-crossing event. Entry into, transiting through, or anchoring within this zone is prohibited unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative.

Due to the receipt of adverse comments, the Environmental Protection Agency (EPA) is withdrawing the February 21, 2020, direct final rule approving a request from the Indiana Department of Environmental Management (IDEM) to revise the Indiana State Implementation Plan (SIP).

This regulation establishes an exemption from the requirement of a tolerance for residues of Autographa californica multiple nucleopolyhedrovirus strain R3 in or on all food commodities when used in accordance with label directions and good agricultural practices. AgBiTech Pty Ltd. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Autographa californica multiple nucleopolyhedrovirus strain R3 in or on all food commodities under FFDCA.

In the February 6, 2018, issue of the Federal Register, the Drug Enforcement Administration published a temporary scheduling order placing fentanyl-related substances, as defined in the order, and their isomers, esters, ethers, salts and salts of isomers, esters, and ethers in schedule I of the Controlled Substances Act. That order was set to expire on February 6, 2020. However, the ``Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act,'' which became law on February 6, 2020, extended the temporary control of fentanyl-related substances until May 6, 2021. This correcting amendment reflects the new expiration date mandated by Congress for the temporary scheduling order.

The Transportation Security Administration (TSA) requests information from the public, specifically the air cargo industry (including manufacturers, shippers, suppliers, warehouses, e-commerce fulfillment centers, third-party logistics providers, and air carriers) relating to compliance with international security standards for the transport of air cargo by commercial aircraft operators. Effective June 30, 2021, international standards require that all international air cargo carried by commercial aircraft operators (passenger and all-cargo) be either screened or be received from another TSA-regulated entity that has applied security controls and/or screened the cargo. TSA is seeking information regarding options to reduce the burden on U.S. and foreign all-cargo aircraft operators in complying with the international standard, such as security controls implemented throughout the supply chain that provide a level of security commensurate with the screening of cargo before transport. Because TSA does not expect these standards to require changes to current procedures for cargo transported on passenger aircraft, this RFI is focused only on all-cargo operations.

The Federal Energy Regulatory Commission (Commission) clarifies its filing instructions for form FERC-730. The Commission makes no modifications or amendments to the Code of Federal Regulations.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving identified portions of revisions to the State Implementation Plan (SIP) for Oklahoma submitted by the State of Oklahoma designee by letters dated May 16, 1994; July 26, 2010; January 8, 2018; May 16, 2018; and December 19, 2018, and as clarified by letter dated May 16, 2018. This action addresses submitted revisions to the Oklahoma SIP pertaining to the incorporation by reference of federal requirements, updates to the general SIP provisions, and updates to the New Source Review (NSR) permit programs to address public notice and modeling requirements, including certain statutory provisions.