June 2020 – Federal Register Recent Federal Regulation Documents

NMFS is adjusting the commercial aggregated large coastal shark (LCS) and hammerhead shark management groups' retention limits for directed shark limited access permit holders in the Atlantic region from 36 LCS other than sandbar sharks per vessel per trip to 55 LCS other than sandbar sharks per vessel per trip. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments. The retention limit will remain at 55 LCS other than sandbar sharks per vessel per trip in the Atlantic region through the rest of 2020 or until NMFS announces via a notice in the Federal Register another adjustment to the retention limit or a fishery closure. This retention limit adjustment affects anyone with a directed shark limited access permit fishing for LCS in the Atlantic region.

Through this document, the Cybersecurity and Infrastructure Security Agency (CISA) is making available a retrospective analysis of the data, assumptions, and methodology used to support the 2007 interim final rule for the Chemical Facility Anti-Terrorism Standards (CFATS) program. The purpose of the retrospective analysis is to provide an updated assessment of the costs and burdens of the CFATS program. Based on data observed by the program for over ten years, CISA estimates that the actual costs of the CFATS program is 83 percent lower than estimated in 2007. The retrospective analysis has been added to the docket for the CFATS Advanced Notice of Proposed Rulemaking (ANPRM) published in 2014.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Missouri State Implementation Plan (SIP) received on March 20, 2019. The submission revises a Missouri regulation that restricts emissions of volatile organic compounds (VOCs) from industrial surface coating operations in Clay, Jackson, and Platte Counties in Missouri. Specifically, the revisions to the rule remove unnecessary restrictive words, adds exemptions, including definitions specific to the rule, corrects test method references, removes obsolete requirements specific to sources that have closed, changes sections to the standard rule format, and makes minor clarifications and grammatical changes. The new exemptions are consistent with the Control Techniques Guidelines (CTG) for several types of surface coating or apply to activities that are regulated under other federal or state regulations that limit emissions of VOCs. The new exemptions are needed to make the rule consistent with the St. Louis version of this rule, 10 Code of State Regulation (CSR) 10-5.330 Industrial Surface Coating Operations. These exemptions are not expected to result in an emission increase. The other revisions are administrative in nature and do not impact the stringency of the SIP or air quality. Approval of these revisions will ensure consistency between State and federally-approved rules.

This document corrects an inaccuracy in the proposed rule to modify the Department of Commerce's (Commerce's) regulations regarding the Steel Import Monitoring and Analysis (SIMA) system published on Monday, March 30, 2020.

The FAA is adopting a new airworthiness directive (AD) for certain Gulfstream Aerospace Corporation (Gulfstream) Model GVI airplanes. This AD was prompted by a report that the primary flight control actuation system (PFCAS) linear variable displacement transducer (LVDT) mechanical disconnect monitor may not trigger the disconnect of the affected control surfaces as required in the event of a control surface failure. This AD requires updating the software of each PFCAS remote electronics unit (REU), which includes an improvement to the LVDT. The FAA is issuing this AD to address the unsafe condition on these products.

The Coast Guard is changing the location of the special local regulation for the annual Great Western Tube Float, which is held on the navigable waters of the Colorado River in Parker, AZ. The change of the location for the special local regulation is necessary to provide for the safety of life on the navigable waters during the event. This action will restrict vessel traffic in certain waters of the Colorado River, from 7 a.m. to 6 p.m. one Saturday in June, from Buckskin Mountain State Park to La Paz County Park.

The U.S. Copyright Office is amending its regulations to establish a new group registration option for short online literary works. This final rule largely adopts the eligibility requirements set forth in the Office's December 2018 notice of proposed rulemaking, with certain updates. To qualify for this option, each work must contain at least 50 but no more than 17,500 words. The works must be created by the same individual, or jointly by the same individuals, and each creator must be named as the copyright claimant or claimants for each work. The works must all be published online within a three-calendar- month period. If these requirements have been met, the applicant may submit up to 50 works with one application and one filing fee. The applicant must complete an online application designated for a group of ``Short Online Literary Works'' and upload a .ZIP file containing a separate digital file for each work. The Office will examine each work to determine if it contains a sufficient amount of creative authorship, and if the Office registers the claim, the registration will cover each work as a separate work of authorship.

In this document, the Federal Communications Commission (Commission) acts on several proposals that will impact FY 2020 regulatory fees.

Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to the State of Texas Underground Storage Tank (UST) program submitted by the State. This action is based on EPA's determination that these revisions satisfy all requirements needed for program approval. This action also proposes to codify EPA's approval of Texas's State program and to incorporate by reference those provisions of the State regulations that we have determined meet the requirements for approval. The provisions will be subject to EPA's inspection and enforcement authorities under sections 9005 and 9006 of RCRA subtitle I and other applicable statutory and regulatory provisions.

On April 2, 2020, the U.S. Small Business Administration (SBA) posted on its website an interim final rule relating to the implementation of sections 1102 and 1106 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act) (published in the Federal Register on April 15, 2020). Section 1102 of the Act temporarily adds a new product, titled the ``Paycheck Protection Program,'' to SBA's 7(a) Loan Program. Subsequently, SBA and Treasury issued additional interim final rules implementing the Paycheck Protection Program. On June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act) was signed into law, amending the CARES Act. This interim final rule revises interim final rules posted on SBA's website on April 14, 2020 (published in the Federal Register on April 20, 2020) and April 28, 2020 (published in the Federal Register on May 4, 2020), by changing provisions to conform to the Flexibility Act. Several of these amendments are retroactive to the date of enactment of the CARES Act, as required by section 3(d) of the Flexibility Act.

This action revises the 2020 regulations for guided Pacific halibut sport fishing in International Pacific Halibut Commission (IPHC) Regulatory Areas 2A, 2C, and 3A. The revised regulations supersede the vessel application deadline previously published in Section 15 Paragraph 9, and guided halibut sport fishing management measures previously published in Section 29 of the 2020 annual management measures. No other regulations of the 2020 Pacific halibut management measures are changed by this action. The Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration (NOAA), on behalf of the International Pacific Halibut Commission (IPHC), publishes regulations governing the Pacific halibut fishery that have been recommended by the IPHC and accepted by the Secretary of State. The revisions in this action are intended to enhance the conservation of Pacific halibut and further the goals and objectives of the Pacific Fishery Management Council (PFMC) and North Pacific Fishery Management Council (NPFMC).

On June 11, 2020, the Environmental Protection Agency (EPA) published the proposed rulemaking ``Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process.'' The EPA is extending the comment period on the proposed rulemaking. The EPA is also announcing that a virtual public hearing will be held for the proposed rulemaking.

This action corrects a final rule published in the Federal Register on June 2, 2020 amending Class D and E airspace for Jacksonville NAS and Mayport, FL. The FAA inserted an effective date of July 16, 2020. The correct date is August 13, 2020.

The FAA is superseding Airworthiness Directive (AD) 2017-09-06 for all General Electric Company (GE) GEnx-1B and GEnx-2B model turbofan engines. AD 2017-09-06 required updating electronic engine control (EEC) full authority digital electronic control (FADEC) software on GEnx-1B and GEnx-2B turbofan engines and replacing a certain fan hub frame assembly part installed on GEnx-2B turbofan engines. This AD requires updating EEC software on GEnx-1B and GEnx-2B engines and replacing a certain fan hub frame assembly part installed on GEnx-2B engines. This AD was prompted by the development of a design change by GE to remove the unsafe condition. The FAA is issuing this AD to address the unsafe condition on these products.

This regulation establishes exemptions from the requirement of a tolerance for residues of formic acid when used as an inert ingredient limited to 25% in pesticide formulations applied to growing crops pre- and post-harvest (adjuvant, pH buffering agent, or pH adjuster) and applied in/on animals (pH adjuster). In addition, this rule establishes an exemption from the requirement of a tolerance for residues of sodium formate when used as an inert ingredient (adjuvant, pH buffering agent) in pesticide formulations applied to growing crops pre- and post-harvest. The Monsanto Company and the Spring Trading Company on behalf of Stoller Enterprises, Inc., submitted petitions to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of these exemptions. This regulation eliminates the need to establish a maximum permissible level for residues of formic acid and sodium formate when used in accordance with the terms of these exemptions.

The Coast Guard seeks comments regarding the possible establishment of shipping safety fairways (``fairways'') along the Atlantic Coast of the United States identified in the Atlantic Coast Port Access Route Study. This potential system of fairways is intended to ensure that traditional navigation routes are kept free from obstructions that could impact navigation safety.

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.

The Department of Health and Human Services (``the Department'' or ``HHS'') is committed to ensuring the civil rights of all individuals who access or seek to access health programs or activities of covered entities under Section 1557 of the Patient Protection and Affordable Care Act (``ACA''). After considering public comments, in this final rule, the Department revises its Section 1557 regulations, Title IX regulations, and specific regulations of the Centers for Medicare & Medicaid Services (``CMS'') as proposed, with minor and primarily technical corrections. This will better comply with the mandates of Congress, address legal concerns, relieve billions of dollars in undue regulatory burdens, further substantive compliance, reduce confusion, and clarify the scope of Section 1557 in keeping with pre-existing civil rights statutes and regulations prohibiting discrimination on the basis of race, color, national origin, sex, age, and disability.

This document summarizes procedures for the Rural Digital Opportunity Fund Phase I Auction (Auction 904). The Auction 904 Procedures Public Notice summarized here is intended to familiarize applicants with the procedures and other requirements governing participation in Auction 904 by providing details regarding the procedures, terms, conditions, dates, and deadlines, as well as an overview of the post-auction application processes.

Huawei Technologies Co., Ltd. (Huawei) and 114 of its foreign affiliates were added to the Entity List by the Bureau of Industry and Security (BIS) in 2019, but continue to participate in many important international standards organizations in which U.S. companies also participate. As international standards serve as the building blocks for product development and help ensure functionality, interoperability, and safety of the products, it is important to U.S. technological leadership that U.S. companies be able to work in these bodies in order to ensure that U.S. standards proposals are fully considered. Since Huawei's addition to the Entity List, organizations have consequently sought clarity about U.S. industry participation in standards development. BIS is amending the Export Administration Regulations (EAR) to authorize the release of certain technology to Huawei and its affiliates on the Entity List without a license if such release is made for the purpose of contributing to the revision or development of a ``standard'' in a ``standards organization.'' For the purpose of this interim final rule, a ``standard'' is as defined in Office of Management and Budget (OMB) Circular A-119: Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities, and a ``standards organization,'' is the equivalent of a ``voluntary consensus standards body'' as defined in Office of Management and Budget (OMB) Circular A- 119: Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities. This interim final rule does not change the assessment of whether ``technology'' is subject to the EAR. BIS is requesting comments on the impact of these revisions.

NMFS issues this final rule to establish 2020 harvest specifications and management measures for Pacific whiting, shortbelly rockfish, and cowcod caught in the U.S. Exclusive Economic Zone off the coasts of Washington, Oregon, and California consistent with the Magnuson-Stevens Fishery Conservation and Management Act, the Pacific Whiting Act of 2006, and other applicable laws. For Pacific whiting, this rule establishes the 2020 adjusted U.S. Total Allowable Catch level, tribal and non-tribal allocations, and research and bycatch set- asides. This final rule also adjusts the 2020 harvest specifications for shortbelly rockfish and cowcod. The catch limits in this rule are intended to ensure the long-term sustainability of the Pacific whiting, shortbelly rockfish, and cowcod stocks.

This regulation establishes an exemption from the requirement of a tolerance for residues of fulvic acid when used as an inert ingredient (carrier) in pesticide formulations applied to growing crops and to raw agricultural commodities after harvest. Nutri Ag Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of fulvic acid when used in accordance with the terms of the exemption.

The Acting Administrator of the Drug Enforcement Administration is issuing this notice of intent to publish a temporary order to schedule N,N-diethyl-2-(2-(4 isopropoxybenzyl)-5-nitro-1H- benzimidazol-1-yl)ethan-1-amine (commonly known as isotonitazene), including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible, in schedule I of the Controlled Substances Act. When it is issued, the temporary scheduling order will impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess), or propose to handle isotonitazene.

NMFS announces management measures for the 2020 summer flounder recreational fishery. The implementing regulations for this fishery require NMFS to publish recreational measures for the fishing year. The intent of this action is to achieve, but not exceed, the 2020 summer flounder recreational harvest limit and thereby prevent overfishing on the summer flounder stock.

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