June 2020 – Federal Register Recent Federal Regulation Documents

This rulemaking updates and clarifies the Secretary of Commerce's delegation of authority, consistent with current practice, for implementation of the executive order ``Classified National Security Information,'' as well as for designations of ``Original Classification Authorities,'' prohibitions of further delegation, the designation of classification levels and durations of information classification, the process for mandatory reviews of information subject to declassification, and the process and conditions for allowing access to Department of Commerce classified information by individuals outside of the Government.

NMFS is closing the directed fishery for Herring Management Area 3. This closure is required because NMFS projects that 92 percent of the catch amount for Management Area 3 has been caught. This action is intended to prevent overharvest of Atlantic herring in Management Area 3, which will result in additional quota reductions next year.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was prompted by a report of an in-flight event where a flightcrew observed a SPOILER FAIL message and had difficulty maintaining roll control of the airplane. This AD requires revising the existing airplane flight manual (AFM) to provide the flightcrew with procedures related to roll spoiler failures that reduce the flightcrew workload during this type of failure scenario. The FAA is issuing this AD to address the unsafe condition on these products.

This action proposes to modify the Class E surface area airspace and the Class E airspace extending upward from 700 feet and 1,200 feet above the surface of the earth at Merle K (Mudhole) Smith Airport, Cordova, AK, eliminate references to the Glacier River Non- Directional Beacon (NDB) and update the Airport's geographic coordinates to match the FAA's current aeronautical database. This action would support Instrument Flight Rules (IFR) operations under standard instrument approach and departure procedures in the National Airspace System.

This rule is intended to eliminate regulations that are outdated or unnecessary and to make technical amendments to the Flexibility, Efficiency, and Modernization in Child Support Enforcement (FEM) final rule, published on December 20, 2016, including to amend the compliance date for review and adjustment of child support orders. The Office of Child Support Enforcement is also making conforming amendments to the regulations as a result of the Bipartisan Budget Act of 2018.

PHMSA is seeking comments on proposed amendments to the Federal Pipeline Safety Regulations that are intended to ease regulatory burdens on the construction, maintenance and operation of gas transmission, distribution, and gathering pipeline systems. The amendments in this proposal are based on PHMSA's considered review of public comments, petitions for rulemaking, and an agency initiative to identify appropriate areas where regulations might be repealed, replaced, or modified.

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 at 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 chemical under the conditions of 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.

The U.S. General Services Administration (GSA) is replacing, modifying, and consolidating provisions in multiple parts of the Federal Management Regulation (FMR), pursuant to an Executive Order, which requires agencies to make recommendations to the agency head regarding regulatory repeal, replacement, or modification, consistent with applicable law.

The Environmental Protection Agency (EPA) is approving a revision to the Oregon State Implementation Plan (SIP) submitted on September 5, 2019. The submission revises the SIP to incorporate by reference a more recent update to the emission standards for specific industries by defining the specific Code of Federal Regulations (CFR) edition referenced throughout the revised rule. The EPA is also approving non-substantive revisions to the SIP to correct typographical errors. The EPA has determined the changes are consistent with Clean Air Act requirements.

The FAA is adopting a new airworthiness directive (AD) for certain Rolls-Royce Deutschland Ltd. & Co KG (RRD) Trent XWB-75, XWB- 79, XWB-79B, and XWB-84 model turbofan engines. This AD was prompted by analysis by the manufacturer of the low-pressure compressor (LPC) outlet guide vane (OGV) assembly and LPC OGV outer mount ring assembly. The analysis predicted that when the front engine mount is in the fail- safe condition, the most highly stressed LPC OGV outer mount ring assembly has a life that could be substantially less than one shop visit interval. This AD requires initial and repetitive inspections of the LPC OGV outer mount ring assembly and, depending on the results of the inspections, possible replacement of the LPC OGV outer mount ring assembly. The FAA is issuing this AD to address the unsafe condition on these products.

The Coast Guard is proposing to establish a temporary safety zone for certain waters of the Upper Potomac River. This action is necessary to provide for the safety of life on these navigable waters near the National Mall and Memorial Parks at Washington, DC, on July 4, 2020, (with alternate date of July 5, 2020) during a fireworks display to commemorate the July 4th holiday. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative. We invite your comments on this proposed rulemaking.

The FAA proposes to supersede Airworthiness Directive (AD) 2017-18-17, which applies to all Airbus SAS Model A300 B4-603, A300 B4- 620, A300 B4-622, A300 B4-605R, A300 B4-622R, A300 F4-605R, A300 F4- 622R, and A300 C4-605R Variant F airplanes. AD 2017-18-17 requires modifying certain fuselage frames and a repair on certain modified airplanes. Since AD 2017-18-17 was issued, the FAA has determined that, for certain airplanes, a rotating probe inspection must be performed prior to oversizing of the open-holes, and consequently more work is necessary for airplanes that have previously been modified. This proposed AD would continue to require the actions in AD 2017-18-17. This proposed AD would also require, for certain airplanes, an inspection to determine if rotating probe inspections were performed prior to oversizing of the open-holes, and repair 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) 2018-15-04, which applies to certain General Electric Company (GE) CF6- 80A, CF6-80A1, CF6-80A2, CF6-80A3, CF6-80C2A1, CF6-80C2A2, CF6-80C2A3, CF6-80C2A5, CF6-80C2A5F, CF6-80C2A8, CF6-80C2B1, CF6-80C2B1F, CF6- 80C2B2, CF6-80C2B2F, CF6-80C2B4, CF6-80C2B4F, CF6-80C2B5F, CF6-80C2B6, CF6-80C2B6F, CF6-80C2B6FA, CF6-80C2B7F, CF6-80C2D1F, CF6-80C2L1F, and CF6-80C2K1F model turbofan engines. AD 2018-15-04 requires ultrasonic inspection (UI) of high-pressure turbine (HPT) stage 1 and stage 2 disks. Since we issued AD 2018-15-04, GE determined the need to expand the population of affected disks. This proposed AD would retain the required inspections while expanding the population of affected disks. The FAA is proposing this AD to address the unsafe condition on these products.

The Environmental Protection Agency (EPA) is proposing approval of a State Implementation Plan (SIP) revision submitted by the State of Missouri on January 14, 2019. Missouri requests that the EPA revise a state regulation approved in the SIP related to sulfur emissions from industrial, commercial, or institutional boilers or process heaters in the St. Louis metropolitan area. The revisions to this rule include adding incorporations by reference to other state rules, including definitions specific to the rule, and wording changes that are administrative in nature and do not change the interpretation of the rule or the applicability of the rule. The EPA's proposed approval of this rule revision is in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM) on February 27, 2020. The revision modifies the State's air quality regulations as incorporated into the SIP by changing the definition of ``volatile organic compounds'' (VOC) to be consistent with federal regulations. EPA is proposing to approve this SIP revision because the State has demonstrated that these changes are consistent with the Clean Air Act (CAA or Act).

The Bureau of Land Management (BLM) proposes to revise its regulations for protests of forest management decisions and administration of the timber sale process. This proposed rule would streamline the process for sale of forest products by the BLM. Existing regulatory requirements are poorly defined, repetitive, and burdensome. The proposed rule would improve the BLM's ability to conduct active forest management, while reducing burdens to the public and the administration of BLM lands.

The Environmental Protection Agency (EPA) is proposing a determination of attainment by the attainment date for the 2006 24-hour fine particulate matter (PM2.5) Salt Lake City, Utah (Salt Lake City) and Provo, Utah (Provo) Serious nonattainment areas (NAAs). The determination is based upon quality-assured, quality-controlled and certified ambient air monitoring data showing that the area has attained the 2006 24-hour PM2.5 National Ambient Air Quality Standards (NAAQS) based on the 2017-2019 data available in the EPA's Air Quality System (AQS) database.

The Environmental Protection Agency (EPA) is proposing that no additional measures are necessary pursuant to Clean Air Act (CAA) section 211(v) to mitigate the adverse air quality impacts of the renewable fuel volumes required under CAA section 211(o). EPA is providing an opportunity for the public to comment on this proposed determination.

This proposed rule would amend the National List of Allowed and Prohibited Substances (National List) section of the United States Department of Agriculture's (USDA's) organic regulations to implement recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB). This rule proposes to add the following substances to the National List: Oxalic acid dihydrate as a pesticide for organic apiculture; pullulan for use in organic handling in products labeled, ``Made with organic (specified ingredients or food group(s))''; and collagen gel casing as a nonorganic agricultural substance for use in organic handling when organic forms of collagen gel casing are not commercially available.

This action amends the Class D airspace at Fort Worth Spinks Airport, Fort Worth, TX, and the Class E airspace extending upward from 700 feet above the surface at Bourland Field, Fort Worth, TX, and Mesquite Metro Airport, Mesquite, TX, and Stephenville Clark Regional Airport, Stephenville, TX. These actions are the result of airspace reviews caused by the decommissioning of the Glen Rose VHF omnidirectional range (VOR) navigation aid as part of the VOR Minimum Operational Network (MON) Program. The geographic coordinates and names of several airports are also being updated to coincide with the FAA's aeronautical database.

The Coast Guard is amending and updating its special local regulations relating to recurring marine parades, regattas, and other events that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). This rule informs the public of regularly scheduled events that require additional safety measures through the establishing of a special local regulation. Through this rulemaking the current list of recurring special local regulations is updated with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley's AOR. When these special local regulations are enforced, certain restrictions are placed on marine traffic in specified areas.

The Coast Guard is establishing a temporary safety zone for certain waters of the Stanislaus River. This action is necessary to provide for the safety of life on the Stanislaus River near the Highway 99 Bridge in Ripon, CA, during partial bridge replacement scheduled to occur between June 15, 2020 and November 7, 2020. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port San Francisco or a designated representative.

The Department of Labor (the Department) is revising its regulation for computing overtime compensation of salaried nonexempt employees who work hours that vary each week (fluctuating workweek) under the Fair Labor Standards Act (FLSA or the Act). The final rule clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method of compensation, and that such payments must be included in the calculation of the regular rate as appropriate under the Act. The Department also adds examples and makes minor revisions to make the rule easier to understand.

This is a final rule issued by the Drug Enforcement Administration (DEA) establishing a specific listing and administration controlled substances code number for ethylone (also known as 1-(1,3- benzodioxol-5-yl)-2-(ethylamino)propan-1-one; 3,4-methylenedioxy-N- ethylcathinone; bk-MDEA; MDEC) in schedule I of the Controlled Substances Act (CSA).

The Department of Veterans Affairs (VA) is revising its regulations that govern VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) to relax the requirement for in-person home visits during the National Emergency related to Coronavirus Disease- 2019 (COVID-19). This change is required to ensure the safety and well- being of veterans, caregivers, and VA clinical staff.