May 2020 – Federal Register Recent Federal Regulation Documents

The FAA proposes to adopt a new airworthiness directive (AD) for certain MD Helicopters Inc. (MDHI), Model 369A, 369D, 369E, 369FF, 369H, 369HE, 369HM, 369HS, 500N, and 600N helicopters. This proposed AD would require tap inspecting each main rotor (MR) blade leading edge abrasion strip and is prompted by reports of abrasion strips departing the MR blade in-flight. The proposed actions are intended to prevent an unsafe condition on these products.

This action amends VHF Omnidirectional Range (VOR) Federal airways V-125, V-178, V-313, and V-429 in the vicinity of Cape Girardeau, MO. The modifications are necessary due to the planned decommissioning of the VOR portion of the Cape Girardeau, MO, VOR/ Distance Measuring Equipment (VOR/DME) navigation aid (NAVAID), which provides navigation guidance for portions of the affected airways. The Cape Girardeau VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

This final rule sets forth payment parameters and provisions related to the risk adjustment and risk adjustment data validation programs; cost-sharing parameters and cost-sharing reductions; and user fees for Federally-facilitated Exchanges and State-based Exchanges on the Federal platform. It also finalizes changes related to essential health benefits and will provide states with additional flexibility in the operation and establishment of Exchanges. The rule includes changes related to cost sharing for prescription drugs; notice requirements for excepted benefit health reimbursement arrangements offered by non- Federal governmental plan sponsors; Exchange eligibility and enrollment; exemptions from the requirement to maintain coverage; quality rating information display standards for Exchanges; and other related topics. This final rule also repeals regulations relating to the Early Retiree Reinsurance Program.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Polskie Zaklady Lotnicze Sp. z o.o. Model PZL M28 05 airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as defective thermo-shrinkable tubes installed on the electrical harnesses located in the fuel tanks. The FAA is proposing this AD to address the unsafe condition on these products.

The Postal Service is proposing to amend Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) in subsection 604.9.2 to revise the time limit for extra service refunds.

This rule implements a recommendation from the California Olive Committee (Committee) to decrease the assessment rate established for the 2020 fiscal year and subsequent fiscal years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Georgia through a letter dated March 15, 2019, through the Georgia Department of Natural Resources (GA DNR), Environmental Protection Division (GA EPD). The proposed changes are to remove obsolete references, clarify the State's inspection and maintenance (I/ M) requirements, and update terminology, including to reflect advances in technology. EPA has evaluated the SIP revision and has preliminarily determined the changes will not impact emissions under the Georgia I/M program. EPA is proposing to conclude that approval of the SIP revision will not interfere with attainment or maintenance of any national ambient air quality standard (NAAQS) or with any other applicable requirement of the Clean Air Act (CAA or Act). Therefore, EPA is proposing to determine that Georgia's March 15, 2019, SIP revision is consistent with the applicable provisions of the CAA.

The Department of Homeland Security (DHS) is amending its regulations to implement provisions of the Northern Mariana Islands U.S. Workforce Act of 2018 (Workforce Act), which creates requirements to encourage the hiring of United States workers in the Commonwealth of the Northern Mariana Islands (CNMI) and to ensure that no U.S. worker is placed at a competitive disadvantage for employment compared to a non-U.S. worker or is displaced by a non-U.S. worker.

The Securities and Exchange Commission (``Commission'') is adopting amendments to the definitions of ``covered clearing agency,'' ``central securities depository services,'' and ``sensitivity analysis'' pursuant to Section 17A of the Securities Exchange Act of 1934 (``Exchange Act'') and the Payment, Clearing, and Settlement Supervision Act of 2010 (``Clearing Supervision Act''), enacted in Title VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (``Dodd-Frank Act'').

This interim final rule establishes standards and procedures by which the Federal Emergency Management Agency (FEMA) may require certain contracts or orders that promote the national defense be given priority over other contracts or orders. This rule also sets new standards and procedures by which FEMA may allocate materials, services, and facilities to promote the national defense under emergency and non-emergency conditions pursuant to section 101 of the Defense Production Act of 1950, as amended. These regulations are part of FEMA's response to the ongoing COVID-19 emergency.

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International HI- STORM Flood/Wind Multipurpose Canister Storage System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 5 to Certificate of Compliance No. 1032. Amendment No. 5 revises the certificate of compliance to: Add new heat load patterns and revise the minimum required cooling time for two multipurpose canisters MPC-89 and MPC-37; add new fuel types to the approved contents; allow an exception to a code to permit use of certain duplex stainless steels; use an analysis model to revise the calculation for evaluating effective fuel conductivities; add the use of the damaged fuel isolator; add two versions of the standard variable weight transfer cask; add the option of using cyclic vacuum drying; and make changes to the final safety analysis report to add new types of fuel assemblies, add a definition to it and to the certificate of compliance, and add the required shielding evaluation to Section 5.4.8. In addition, Amendment No. 5 makes several clarifications and minor changes. These changes are discussed in more detail in the ``Discussion of Changes'' section of this direct final rule.

This document provides a notice of public hearing on proposed regulations modifying the rules for determining the source of income from sales of inventory produced within the United States and sold without the United States or vice versa.

The Coast Guard proposes to change the operating schedule that governs the I-110 bascule bridge across the Back Bay of Biloxi, mile 3.0, Biloxi, Harrison County, Mississippi. This proposed action would require a 12 hour notification to open the bridge to vessels on Thanksgiving Day, Christmas Day and New Year's Day. The bridge has not opened for vessels on these holidays over a four year period. This proposed action is intended to allow the bridge owner to effectively manage bridge tender resources during these federal holidays.

The Coast Guard proposes to change the operating schedule that governs the State Route 605 highway, Wilkes Road bascule bridge across the Industrial Seaway Canal mile 11.3, Hansboro, Harrison County, Mississippi. The Mississippi Department of Transportation (MDOT) submitted this request for a change in schedule, which would allow the bridge to close to vessel traffic. This change is expected to better serve the needs of the community while continuing to meet the reasonable needs of vessel navigation.

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/national-flood-insurance-program-community-statu s-book.

In this document, the Commission seeks comment on whether to modify the Commission's rules governing the use of distributed transmission system (DTS) technologies by broadcast television stations. Specifically, the Commission seek comment on amending section 73.626 of its rules to permit, within certain limits, DTS signals to spill over beyond a station's authorized service area by more than the ``minimal amount'' currently allowed; how DTS signals extending beyond their current service areas should be treated for interference purposes if such spillover is allowed; potential impacts to other spectrum users, such as TV translators and LPTV stations, including whether there are alternatives to the proposed rule changes that could accomplish the intended objectives; whether to modify the DTS rules as they relate to Class A and LPTV licensees; and whether and to what extent the proposed changes are also appropriate for stations broadcasting in ATSC 1.0.

The Coast Guard proposes to modify the operating schedule that governs the U.S. 70 (Alfred C. Cunningham) Bridge across the Trent River, mile 0.0, in New Bern, North Carolina. This proposed modification will allow the drawbridge to be maintained in the closed position during peak traffic hours and provide daily scheduled openings to meet the reasonable needs of navigation.

DoD, GSA, and NASA are considering amending the Federal Acquisition Regulation (FAR) to update the list of domestically nonavailable articles under the Buy American statute. DoD, GSA, and NASA are seeking information that will assist in identifying domestic capabilities and for evaluating whether some articles on the list of domestically nonavailable articles are now mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

The Securities and Exchange Commission (``Commission'') is proposing a new rule (``rule 2a-5'') under the Investment Company Act of 1940 (the ``Investment Company Act'' or the ``Act'') that would address valuation practices and the role of the board of directors with respect to the fair value of the investments of a registered investment company or business development company (a ``fund''). The proposed rule would provide requirements for determining fair value in good faith with respect to a fund for purposes of section 2(a)(41) of the Act. This determination would involve assessing and managing material risks associated with fair value determinations; selecting, applying, and testing fair value methodologies; overseeing and evaluating any pricing services used; adopting and implementing policies and procedures; and maintaining certain records. The proposed rule would permit a fund's board of directors to assign the fair value determination to an investment adviser of the fund, who would then carry out these functions for some or all of the fund's investments. This assignment would be subject to board oversight and certain reporting, recordkeeping, and other requirements designed to facilitate the board's ability effectively to oversee the adviser's fair value determinations. The proposed rule would include a specific provision related to the determination of the fair value of investments held by unit investment trusts, which do not have boards of directors. The proposed rule would also define when market quotations are readily available under section 2(a)(41) of the Act. If rule 2a-5 is adopted, the Commission would rescind previously issued guidance on the role of the board of directors in determining fair value and the accounting and auditing of fund investments.

The Environmental Protection Agency (EPA or Agency) is taking final action to amend the federal regulations to withdraw certain human health water quality criteria applicable to waters in the State of Washington. The EPA is taking this action because the State adopted, and the EPA approved, human health criteria that the Agency determined are protective of Washington's designated uses for its waters. In this action, the EPA is amending the federal regulations to withdraw those certain human health criteria applicable to Washington but promulgated by the Agency, as described in the August 6, 2019 proposed rule. The withdrawal will enable Washington to implement its EPA-approved human health criteria, submitted on August 1, 2016, and approved on May 10, 2019, as applicable criteria for Clean Water Act (CWA or the Act) purposes.

We are amending the licensing requirements in the Animal Welfare Act (AWA) regulations to promote compliance, reduce licensing fees, and strengthen safeguards that prevent individuals and businesses with a history of noncompliance from obtaining a license or working with regulated animals. This action will reduce regulatory burden with respect to licensing and help ensure licensees' sustained compliance with the AWA, thus promoting animal welfare. We have also revised the veterinary care and watering standards for regulated dogs to better align the regulations with the humane care and treatment standards set by the Animal Welfare Act.

The FAA is adopting a new airworthiness directive (AD) for all General Electric Company (GE) GE90-110B1 and GE90-115B model turbofan engines with a certain interstage high-pressure turbine (HPT) rotor seal installed. This AD requires initial and repetitive ultrasonic inspections (USIs) of the interstage HPT rotor seal and, depending on the results of the inspection, replacement of the interstage HPT rotor seal with a part eligible for installation. This AD also requires the removal of the interstage HPT rotor seal at the next engine shop visit. This AD was prompted by investigative findings from an event involving an uncontained interstage HPT rotor seal failure that resulted in debris penetrating the fuselage and the other engine. The FAA is issuing this AD to address the unsafe condition on these products.

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.

Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the March 13, 2020 direct final rule approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Massachusetts. Massachusetts' SIP revision approved the infrastructure requirements to demonstrate the Commonwealth has the necessary resources to comply with the 2015 ozone National Ambient Air Quality Standard. This action is being taken in accordance with the Clean Air Act.

This action amends the Class E airspace extending upward from 700 feet above the surface at Tahlequah Municipal Airport in Tahlequah, OK. This action is the result of airspace review caused by the decommissioning of the Tahlequah non-directional radio beacon (NDB). The geographic coordinates of the airport would also be updated to coincide with the FAA's aeronautical database. Airspace redesign is necessary for the safety and management of instrument flight rules (IFR) operations at this airport.