July 17, 2020 – Federal Register Recent Federal Regulation Documents

The U.S. Copyright Office is issuing a notice of proposed rulemaking regarding digital music providers' obligations to transfer and report accrued royalties for unmatched musical works (or shares) to the mechanical licensing collective for purposes of being eligible for the limitation on liability for prior unlicensed uses under title I of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act. Having solicited public comments through multiple prior notices, the Office is now proposing an update to regulations concerning the transfer and reporting of such royalties, namely the content, format, and delivery of cumulative statements of account to be submitted by digital music providers to the mechanical licensing collective at the conclusion of the statutory transition period.

NMFS is prohibiting retention of non-Community Development Quota (CDQ) sablefish by vessels using trawl gear in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2020 non-CDQ sablefish initial total allowable catch (ITAC) in the Aleutian Islands subarea of the BSAI will be reached.

In the Further Consolidated Appropriations Act, 2020, signed by the President on December 20, 2019, Congress provided $50 million in budget authority for the Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) program to cover the subsidy required to provide a much larger amount of credit assistance. The Environmental Protection Agency (EPA or the Agency) estimates that this budget authority may provide approximately $5 billion in credit assistance and may finance approximately $10 billion in water infrastructure investment, while covering increased costs associated with implementing a larger program. The purpose of this notice of funding availability (NOFA) is to solicit letters of interest (LOIs) from prospective borrowers seeking credit assistance from EPA. EPA will evaluate and select proposed projects described in the LOIs using the selection criteria established in statute and regulation, and further described in this NOFA as well as the WIFIA program handbook. This NOFA establishes relative weights that will be used in the current LOI submittal period for the selection criteria, introduces new budgetary scoring factors to determine budgetary scoring compliance, and outlines the process that prospective borrowers should follow to be considered for WIFIA credit assistance. In addition, EPA reserves the right to make additional awards using FY 2020 appropriated funding or available carry-over resources, consistent with Agency policy and guidance, if additional funding is available after the original selections are made. This could include holding a subsequent selection round.

These final regulations amend existing regulations relating to the imposition of certain user fees on tax return preparers. The final regulations reduce the amount of the user fee to apply for or renew a preparer tax identification number (PTIN) and affect individuals who apply for or renew a PTIN. The Independent Offices Appropriations Act of 1952 authorizes the charging of user fees.

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is amending the Nicaragua Sanctions Regulations to incorporate the Nicaragua Human Rights and Anticorruption Act of 2018 by updating the authority citation and the prohibited transactions and delegation sections. OFAC is also adding a general license authorizing certain United States government activities.

This action amends the Class E airspace extending upward from 700 feet above the surface at Winner Regional Airport, Winner, SD. This action as the result of an airspace review caused by the decommissioning of the Winner VHF omnidirectional range (VOR) navigation aid as part of the VOR Minimum Operational Network (MON) Program. The name and geographic coordinates of the airport are also being updated to coincide with the FAA's aeronautical database.

This action amends the Class E airspace extending upward from 700 feet above the surface at Webster City Municipal Airport, Webster City, IA. This action is the result of an airspace review due to the decommissioning of the Webster City non-directional beacon (NDB). The geographic coordinates of the airport are also being updated to coincide with the FAA's aeronautic database.

This action amends the Class D airspace and Class E airspace area designated as an extension to a Class D surface area and establishes Class E airspace extending upward from 700 feet above the surface at St. Louis Regional Airport, Alton/St. Louis, IL. This action is the result of an airspace review caused by the decommissioning of the outer marker to runway 29 at St. Louis Regional Airport. The geographic coordinates of the airport are also being updated to coincide with the FAA's aeronautical database.

The FAA proposes to supersede Airworthiness Directive (AD) 97- 26-02 for Eurocopter Deutschland GmbH Model BO-105A, BO-105C, BO-105S, BO-105LS A-1, and BO-105LS A-3 helicopters; and Eurocopter Canada Ltd. Model BO-105LS A-3 helicopters. AD 97-26-02 requires a repetitive visual inspection for cracks in the ribbed area of the main rotor (M/R) mast flange (flange), and depending on the outcome, replacing the M/R mast. Since the FAA issued AD 97-26-02, it has been determined that a certain reinforced M/R mast is not affected by this unsafe condition. This proposed AD would retain the requirements of AD 97-26-02 and remove the reinforced M/R mast from the applicability. The actions of this proposed AD are intended to address an unsafe condition on these products.

The FAA proposes to supersede Airworthiness Directive (AD) 2019-14-09, which applies to all Airbus SAS Model A330-200 Freighter series airplanes. AD 2019-14-09 requires repetitive detailed inspections, including functional testing, of the oxygen crew and courier distribution system (OCCDS) and replacement of affected part(s) if necessary. Since the FAA issued AD 2019-14-09, the FAA has determined that all affected parts must be replaced with improved flexible oxygen hoses in order to address the unsafe condition. This proposed AD would retain the requirements of AD 2019-14-09 and require replacement of all affected parts with improved serviceable parts, which is terminating action for the repetitive inspections, 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 U.S. Nuclear Regulatory Commission (NRC) is correcting a notice that was published in the Federal Register on June 30, 2020, revising the TN Americas LLC, Standardized NUHOMS[supreg] Horizontal Modular Storage System listing within the ``List of approved spent fuel storage casks'' to include Renewed Amendment No. 16 to Certificate of Compliance No. 1004. This action is necessary to provide ADAMS accession numbers in the Availability of Documents table listing that were inadvertently omitted.

These special conditions are issued for Textron Aviation Inc. (Textron) Model 550, 560, and 560XL airplanes. These airplanes, as modified by Avidyne Corporation, will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. This design feature is Avidyne Corporation avionics that allow external connection to previously isolated data networks, which are connected to systems that perform functions required for the safe operation of the airplane. This feature creates a potential for unauthorized persons to access the aircraft-control domain and airline information-services domain, and presents security vulnerabilities related to the introduction of computer viruses and worms, user errors, and intentional sabotage of airplane electronic assets (networks, systems, and databases). The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

This action proposes approval of, and regulations to implement, an action to require commercially permitted vessels in both New England and mid-Atlantic regions to submit vessel trip reports electronically within 48 hours of the end of a trip. In addition, this action would require for-hire vessels with permits for species managed by the New England Fishery Management Council to submit vessel trip reports electronically. Document retention requirements would also be removed with this action. This action is intended to increase data quality and timeliness of vessel trip reports.

The Coast Guard is establishing Regulated Navigation Areas (RNAs) at the harbor bar entrances to Crescent City Harbor, Humboldt Bay, Noyo River, and Morro Bay. This regulation creates additional safety requirements for recreational and small commercial vessels operating in these areas during periods of hazardous conditions, such as high wind or breaking surf, and establishes clear procedures for restricting and closing these harbor bar entrances in the event of unsafe conditions. This regulation is necessary to enhance mariner and vessel safety when bar conditions exceed certain parameters, typically when breaking seas are projected to be 20-foot or greater. This rulemaking prohibits vessels from entering these areas during unsafe conditions unless authorized by the local Captain of the Port or a designated representative.

The Environmental Protection Agency (EPA) is proposing approval of a State Implementation Plan (SIP) revision submitted by the State of Missouri on January 15, 2019, and supplemented by letter on July 11, 2019. Missouri requests that the EPA remove a rule related to the control of emissions from the manufacture of polystyrene resin in the St. Louis, Missouri area from its SIP. This removal does not have an adverse effect on air quality. The EPA's proposed approval of this rule revision is in accordance with the requirements of the Clean Air Act (CAA).

On October 22, 2019, the Office of the Comptroller of the Currency (OCC) published in the Federal Register a final rule to revise provisions on other real estate owned and make related technical amendments. Due to a technical error in the amendatory text, certain revisions in the final rule were not incorporated in the Code of Federal Regulations. This final rule corrects those omissions.

The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of July 14, 2020, for the direct final rule that was published in the Federal Register on April 30, 2020. The direct final rule amends the NRC's 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. 4 to Certificate of Compliance No. 1032. Amendment No. 4 revises the certificate of compliance to: Add multipurpose canister (MPC)-32ML for storage and allow the fuel assembly class 16X16D as content for MPC-32ML; add the fuel assembly class 16X16E as content for MPC-37; and make changes to the final safety analysis report.

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Defense (DoD) are promulgating discharge performance standards for 11 discharges incidental to the normal operation of a vessel of the Armed Forces in the navigable waters of the United States, the territorial seas, and the contiguous zone. When implemented, the discharge performance standards will reduce the adverse environmental impacts associated with the vessel discharges, stimulate the development of improved vessel pollution control devices, and advance the development of environmentally sound vessels of the Armed Forces. The 11 discharges addressed by the final rule include the following: Catapult water brake tank and post-launch retraction exhaust, controllable pitch propeller hydraulic fluid, deck runoff, firemain systems, graywater, hull coating leachate, motor gasoline and compensating discharge, sonar dome discharge, submarine bilgewater, surface vessel bilgewater/oil-water separator effluent, and underwater ship husbandry.