June 2020 – Federal Register Recent Federal Regulation Documents

The FAA proposes to adopt a new airworthiness directive (AD) for all General Electric Company (GE) GEnx-1B64/P2, GEnx-1B67/P2, GEnx- 1B70/75/P2, GEnx-1B70/P2, GEnx-1B70C/P2, GEnx-1B74/75/P2, GEnx-1B76/P2, GEnx-1B76A/P2, and GEnx-2B67/P model turbofan engines with a certain a high-pressure turbine (HPT) rotor stage 2 disk installed. This proposed AD was prompted by a report of the potential for undetected subsurface anomalies formed during the manufacturing process that could result in uncontained failure of the HPT rotor stage 2 disk. This proposed AD would require an immersion ultrasonic inspection (USI) of the HPT rotor stage 2 disk and, depending on the results of the inspection, replacement of the HPT rotor stage 2 disk with a part eligible for installation. The FAA is proposing this AD to address the unsafe condition on these products.

This document corrects the supplementary information section to the notice of funding availability and additional commodities request for information published in the Federal Register on May 22, 2020, concerning CFAP. This document adds questions to request specific information related to certain specialty crops. This is intended to add clarity. USDA is still requesting comments on additional commodities that are not already identified and on the paperwork reduction act for CFAP activities. The questions added in this correction cover additional commodities and the development of their payment rates as envisioned in the cost analysis for the CFAP rule and are not expected to impact the costs of CFAP.

The Environmental Protection Agency (EPA) is proposing to approve elements of a state implementation plan (SIP) revision submitted by the Pennsylvania Department of Environmental Protection (PADEP) on behalf of the Allegheny County Health Department (ACHD) to address Clean Air Act (CAA or ``the Act'') requirements for the 2012 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or ``standards'') in the Allegheny County Moderate PM2.5 nonattainment area (``Allegheny County area''). The SIP revision contains the ``Attainment Demonstration for the Allegheny County, PA PM2.5 Nonattainment Area, 2012 NAAQS,'' submitted on September 30, 2019 (also referred to as ``the Allegheny County PM2.5 Plan'' or simply ``the plan''). EPA is proposing to fully approve the following elements of the Allegheny County PM2.5 Plan: The base year emissions inventory, the particulate matter precursor contribution demonstration, the reasonably available control measures/reasonably available control technology (RACM/RACT) demonstration, the attainment demonstration, the air quality modeling demonstration supporting attainment by the attainment deadline, the reasonable further progress (RFP) demonstration, and the a demonstration of interim quantitative milestones to ensure timely attainment. EPA is proposing to conditionally approve the following elements of this Allegheny County PM2.5 Plan SIP revision: The contingency measures and the motor vehicle emission budget (MVEB) elements of the plan. PADEP commits, on behalf of ACHD, to submit a supplemental SIP revision to remedy those portions of the plan for which EPA is proposing conditional approval within twelve months of EPA's final conditional approval action. This action is being taken under the CAA.

The Commodity Futures Trading Commission (Commission) is proposing to amend the conditions in Commission regulation 3.10(c) under which a person located outside of the United States engaged in the activity of a commodity pool operator (CPO; each person located outside of the United States a non-U.S. CPO) in connection with commodity interest transactions on behalf of persons located outside the United States (collectively, an offshore commodity pool or offshore pool) would qualify for an exemption from CPO registration and regulation with respect to that offshore pool. Specifically, through amendments to Commission regulation 3.10(c), the Commission is proposing that non-U.S. CPOs may claim an exemption from registration with respect to its qualifying offshore commodity pools, while maintaining another exemption from registration, relying on an exclusion, or registering as a CPO with respect to the operation of other commodity pools. The Commission is also proposing to add a safe harbor by which a non-U.S. CPO of an offshore commodity pool may rely upon the proposed exemption in Commission regulation 3.10(c) if they satisfy enumerated factors related to the operation of the offshore commodity pool. Additionally, the Commission is proposing to permit certain U.S. control affiliates of a non-U.S. CPO to contribute capital to such CPO's offshore pools as part of the initial capitalization without rendering the non-U.S. CPO ineligible for the exemption from registration under Commission regulation 3.10.

Pursuant to the U.S. Environmental Protection Agency's (EPA) Significant New Alternatives Policy program, this action proposes to list certain substances in the refrigeration and air conditioning sector and the foam blowing sector. For the retail food refrigeration medium-temperature stand-alone units (new) end-use, EPA is proposing to list substitutes as acceptable subject to narrowed use limits. For the residential and light commercial air conditioning and heat pumps (new) end-use, EPA is proposing to list substitutes as acceptable subject to use conditions. For the foam blowing sector, extruded polystyrene: Boardstock and billet end-use, EPA is proposing to list substitutes as acceptable. This action also proposes to remove an acceptable subject to use conditions listing for the fire suppression sector because EPA more recently listed the substitute as acceptable with no use restrictions.

The Coast Guard is establishing a temporary safety zone for navigable waters within a 200-yard radius of a portion of Lake Huron, Harbor Beach, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the Harbor Beach Fireworks.

The Commission is revising its rules concerning rate incentives for market dominant products to clarify the definition of ``rate of general applicability'' within the context of a market dominant rate adjustment proceeding; to add an additional criterion for a rate incentive to be included in a percentage change in rates calculation at discounted prices; and to state clearly what information the Postal Service must file to support a claim that a rate incentive meets the necessary criteria to be included in a percentage change in rates calculation at discounted prices.

The Commodity Futures Trading Commission (the ``Commission'') is proposing amendments to its regulations governing bankruptcy proceedings of commodity brokers. The proposed amendments are meant to comprehensively update those regulations to reflect current market practices and lessons learned from past commodity broker bankruptcies.

This document contains a correction to a notice of proposed rulemaking (REG-104591-18) that was published in the Federal Register on May 13, 2020. The guidance on section 162(f) of the Internal Revenue Code (Code), as amended by legislation enacted in 2017, concerning the deduction of certain fines, penalties, and other amounts.

The FAA is superseding Airworthiness Directive (AD) 2011-12-08 for Bell Helicopter Textron Inc. (Bell), Model 205A, 205A-1, 205B, 212, 412, 412CF, and 412EP helicopters. AD 2011-12-08 required a one-time inspection of the tail rotor (T/R) blade for corrosion and pitting. This new AD retains the requirements of AD 2011-12-08 while excluding certain T/R blades from the applicability. This AD was prompted by new manufacturing and inspection procedures implemented by Bell that correct the unsafe condition on more recently manufactured T/R blades. The actions of this AD are intended to address an unsafe condition on these products.

The Department of Veterans Affairs (VA) is issuing this interim final rule to extend the deadline for former members insured under Servicemembers' Group Life Insurance (SGLI) to apply for Veterans' Group Life Insurance (VGLI) coverage following separation from service in order to address the inability of members directly or indirectly affected by the 2019 Novel Coronavirus (COVID-19) public health emergency to purchase VGLI. This rule will be in effect for one year.

The Environmental Protection Agency (EPA) is proposing processes that it would be required to undertake in promulgating regulations under the Clean Air Act (CAA) to ensure that information regarding the benefits and costs of regulatory decisions is provided and considered in a consistent and transparent manner. This proposed rulemaking addresses, among other things, issues raised in the June 13, 2018 advance notice of proposed rulemaking, ``Increasing Consistency and Transparency in Considering Costs and Benefits in the Rulemaking Process,'' and proposes how the concepts described in that advance document would be implemented in rulemakings conducted by the EPA using its authorities under the CAA. The EPA is proposing to establish procedural requirements governing the development and presentation of benefit-cost analyses (BCA), including risk assessments used in the BCA, for significant rulemakings conducted under the CAA. Together, these requirements would help ensure that the EPA implements its statutory obligations under the CAA, and describes its work in implementing those obligations, in a way that is consistent and transparent.

The FAA is adopting a new airworthiness directive (AD) for certain Cirrus Design Corporation (Cirrus) Model SF-50 airplanes. This AD was sent previously as an emergency AD to all known U.S. owners and operators of these airplanes. This AD requires disconnecting and removing the headset amplifier and microphone interface circuit card assemblies for the 3.5 mm audio and microphone jacks. This AD was prompted by a cabin fire incident that occurred on a Cirrus Model SF50 airplane during ground operations where the operator observed smoke exiting from behind the right sidewall interior panel. The FAA is issuing this AD to address the unsafe condition on these products.

The National Endowment for the Humanities (NEH) is adopting as final, without change, its interim final rule that adjusted the civil monetary penalties NEH may impose for violations of its New Restrictions on Lobbying regulation, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act).

This document contains corrections to Treasury Decision 9394, which was published in the Federal Register on Tuesday, April 29, 2008. Treasury Decision 9394 contained final regulations regarding when a partnership may consider certain deductions and losses of a foreign partner to reduce or eliminate the partnership's obligation to pay withholding tax under section 1446 on effectively connected taxable income allocable under section 704 to such partner.

This rule revises reporting and monitoring provisions for vessels participating in the Pacific Coast groundfish fishery. This would: Increase the position transmission rate for certain vessels using NMFS type-approved vessel monitoring system units; allow midwater trawl vessels participating in the Pacific whiting fishery to change their landing declarations while at sea; exempt groundfish trawl vessels from observer coverage while testing authorized fishing gear; and allow shorebased Individual Fishing Quota fixed gear vessels to deploy pot gear in one management area while retrieving gear from another management area on a single trip. This action will increase monitoring efficiency and effectiveness, improve enforcement of restricted areas, and increase operational flexibility for groundfish fishery participants.

This final rule implements a recommendation from the Far West Spearmint Oil Administrative Committee (Committee) to establish salable quantities and allotment percentages of Class 1 (Scotch) and Class 3 (Native) spearmint oil produced in Washington, Idaho, Oregon, and designated parts of Nevada and Utah (the Far West) for the 2020-2021 marketing year.

We, the U.S. Fish and Wildlife Service (Service or USFWS), are removing the Borax Lake chub (currently listed as Gila boraxobius), a fish native to Oregon, from the Federal List of Endangered and Threatened Wildlife on the basis of recovery. This final rule is based on a review of the best available scientific and commercial information, which indicates that the threats to the Borax Lake chub have been eliminated or reduced to the point where the species no longer meets the definition of an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act).

The Coast Guard is withdrawing its proposed rule concerning temporary special local regulations for certain waters of the Choptank River that was to have been in effect on July 25, 2020 and July 26, 2020 to provide for the safety of life on these navigable waters located at Cambridge, MD during a high-speed power boat racing event. The proposed rule is being withdrawn because it is no longer necessary. The event sponsor has cancelled the boat race.

On May 28, 2020, the Office of the Comptroller of the Currency (OCC) published in the Federal Register an interim final rule to revise its regulations on activities and operations of national banks and corporate activities of Federal savings associations to provide that these institutions may permit telephonic and electronic participation at all board of directors, shareholder, and as applicable, member, meetings. This correcting amendment makes a correction to those interim regulations.

The U.S. Department of Energy (``DOE'') is initiating an early assessment review to determine whether any new or amended standards would satisfy the relevant requirements of EPCA for a new or amended energy conservation standard for commercial prerinse spray valves (``CPSVs''). Specifically, through this request for information (``RFI''), DOE seeks data and information that could enable the agency to determine whether DOE should propose a ``no new standard'' determination because a more stringent standard: Would not result in a significant savings of energy; is not technologically feasible; is not economically justified; or any combination of foregoing. DOE also welcomes written comments from the public on any subject within the scope of this document (including those topics not specifically raised), as well as the submission of data and other relevant information concerning this early assessment review.

On April 16, 2020, the U.S. Department of Energy (DOE) published a request for information (RFI) pertaining to the test procedures for consumer water heaters and residential-duty commercial water heaters. The RFI provided an opportunity for submission of written comments, data, and information to the Department by June 1, 2020. Prior to the end of the comment period for the RFI, DOE received requests from the Air-Conditioning, Heating and Refrigeration Institute (AHRI), as well as from the American Public Gas Association (APGA), seeking additional time to consider the issues raised in the RFI and possibly to conduct further testing, in order to establish the applicability and impact of a different test procedure on water heating equipment. In light of these request, DOE is announcing its decision to reopen the comment period on the subject RFI for an additional 14 days.

This proposed rule would revise the provisions governing the Postal Service's discretionary Semipostal Stamp Program to provide more flexibility to the Postal Service to manage the program. Revisions include removing restrictions on the duration of sales of semipostal discretionary stamps and the number of discretionary semipostal stamps that may be offered at any one time.

In this document, the Commission invites comment on what action the Commission should take, pursuant to the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, if the registered consortium contemplated by the TRACED Act identifies a provider of voice service subject to a delay of compliance with the STIR/SHAKEN implementation mandate as repeatedly originating large-scale unlawful robocall campaigns.

The Environmental Protection Agency (EPA) finds that the Newport State Park area in Door County Wisconsin is attaining the 2015 ozone National Ambient Air Quality Standard (NAAQS or standard). EPA is acting in accordance with a request from the Wisconsin Department of Natural Resources (WDNR) to redesignate the area to attainment for the 2015 ozone NAAQS because the request meets the statutory requirements for redesignation under the Clean Air Act (CAA), which WDNR submitted on January 27, 2020. EPA is also approving, as a revision to the Wisconsin State Implementation Plan (SIP), the State's plan for maintaining the 2015 ozone NAAQS through 2030 in the area. Finally, EPA finds adequate and is approving Wisconsin's 2023 and 2030 volatile organic compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle Emission Budgets (MVEBs) for the area.