July 22, 2020 – Federal Register Recent Federal Regulation Documents

The Office of the Comptroller of the Currency (OCC) is proposing a regulation to determine when a national bank or Federal savings association (bank) makes a loan and is the ``true lender'' in the context of a partnership between a bank and a third party, such as a marketplace lender. Under this proposal, a bank makes a loan if, as of the date of origination, it is named as the lender in the loan agreement or funds the loan.

This document announces the decision of the Secretary of Homeland Security (Secretary) to continue to temporarily limit the travel of individuals from Canada into the United States at land ports of entry along the United States-Canada border. Such travel will be limited to ``essential travel,'' as further defined in this document.

NMFS implements an accountability measure (AM) for commercial Spanish mackerel in the northern zone of the Atlantic exclusive economic zone (EEZ). NMFS projects that the commercial quota for Spanish mackerel in the northern zone of the Atlantic EEZ will be reached by July 22, 2020. Therefore, NMFS closes the northern zone in the Atlantic EEZ to commercial harvest of Spanish mackerel on July 22, 2020. This closure is necessary to protect the Spanish mackerel resource in the Atlantic.

NMFS implements an accountability measure for the commercial hook-and-line component of golden tilefish in the South Atlantic exclusive economic zone (EEZ). NMFS projects that commercial hook-and- line landings for golden tilefish will reach the commercial quota for the hook-and-line component by July 23, 2020. Therefore, NMFS closes the commercial hook-and-line component for golden tilefish in the South Atlantic EEZ on July 23, 2020. This closure is necessary to protect the golden tilefish resource.

The Coast Guard will enforce Special Local Regulations for the Olympia Harbor Days Tug Boat Races, Budd, Inlet, WA, from 11 a.m. until 4 p.m. on September 6, 2020. This action is necessary to limit vessel movement within the specified race area immediately prior to, during, and immediately after racing activity in order to ensure the safety of participants, spectators, and the maritime public. Entry into, transit through, mooring, or anchoring within the specified race area is prohibited unless authorized by the Captain of the Port Puget Sound or Designated Representatives.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Maryland Department of the Environment (MDE) on behalf of the State of Maryland. This revision pertains to Maryland's plan for maintaining the 1997 8-hour ozone national ambient air quality standards (NAAQS) for the Kent and Queen Anne's Counties area. EPA is approving these revisions to the Maryland SIP in accordance with the requirements of the Clean Air Act (CAA).

This action proposes special conditions for the Boeing Commercial Airplanes (Boeing) Model 777-9 airplane. This airplane 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 structure-mounted airbags designed to limit occupant forward excursion in the event of an emergency landing. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.

The Food and Drug Administration (FDA or the Agency) is publishing an order setting forth the Agency's final determination to exempt a list of class II devices from premarket notification (510(k)) requirements, subject to certain limitations. This exemption from 510(k), subject to certain limitations, is immediately in effect for the list of class II devices. The exemption will decrease regulatory burdens on the medical device industry and will eliminate private costs and expenditures required to comply with certain Federal regulations. FDA is also amending the codified language for the list of class II devices to reflect this final determination. FDA is publishing this order in accordance with the Federal Food, Drug, and Cosmetic Act (FD&C Act).

This document corrects a docket number listed in a supplemental notice of proposed rulemaking that was published July 6, 2020. That supplemental notice of proposed rulemaking would establish a dedicated offshore anchorage approximately 7 nautical miles northeast of the St. Johns River inlet, Florida.

This action removes regulations that implement the Closed Area I Hook Gear Haddock Special Access Program. The Omnibus Essential Fish Habitat Amendment 2 eliminated the year-round Closed Area I, rendering the Closed Area I Hook Gear Haddock Special Access Program unnecessary. Eliminating the Closed Area I Hook Gear Haddock Special Access Program will reduce confusion and inconsistency with other regulations.

In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years. the information collection requirements associated with the Electronic Delivery of MVPD Communications, Modernization of Media Regulation Initiative, Report and Order. This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the information collection requirements.

The FAA is withdrawing the Notice of Proposed Special Conditions, which published in the Federal Register on March 31, 2020. The FAA is withdrawing the notice because the special conditions are not necessary.

The Bureau of Consumer Financial Protection (Bureau) is issuing this final rule to amend its regulations governing payday, vehicle title, and certain high-cost installment loans. Specifically, the Bureau is revoking provisions of those regulations that: Provide that it is an unfair and abusive practice for a lender to make a covered short-term or longer-term balloon-payment loan, including payday and vehicle title loans, without reasonably determining that consumers have the ability to repay those loans according to their terms; prescribe mandatory underwriting requirements for making the ability-to-repay determination; exempt certain loans from the mandatory underwriting requirements; and establish related definitions, reporting, recordkeeping, and compliance date requirements. The Bureau is making these amendments to the regulations based on its re- evaluation of the legal and evidentiary bases for these provisions.

The Environmental Protection Agency (EPA) is approving elements of the New York State Implementation Plan (SIP) submittal regarding infrastructure requirements for interstate transport of pollution with respect to the 2012 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) or standard.

The Environmental Protection Agency (EPA or ``Agency'') is approving portions of three state implementation plan (SIP) revisions submitted by the State of California to meet Clean Air Act (CAA or ``Act'') requirements for the 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or ``standards'') in the San Joaquin Valley (SJV) ``Serious'' nonattainment area. Specifically, the EPA is approving those portions of the ``2018 Plan for the 1997, 2006, and 2012 PM2.5 Standards'' and the ``San Joaquin Valley Supplement to the 2016 State Strategy for the State Implementation Plan'' that pertain to the 2006 PM2.5 NAAQS and address certain CAA requirements for Serious PM2.5 nonattainment areas. In addition, the EPA is approving the ``Revision to the California State Implementation Plan for PM2.5 Standards in the San Joaquin Valley'' (``PM2.5 Prior Commitment Revision'' or ``Revision'') and finding that the State has complied with this commitment. The EPA is also approving motor vehicle emission budgets and inter-pollutant trading ratios for use in transportation conformity analyses for the 2006 PM2.5 NAAQS. Finally, as part of this action, the EPA is granting an extension of the Serious area attainment date for the 2006 PM2.5 NAAQS in the San Joaquin Valley from December 31, 2019, to December 31, 2024, based on a determination that the State has satisfied the statutory criteria for this extension.

The Commodity Futures Trading Commission (Commission or CFTC) is adopting amendments to Commission regulation 50.52, which exempts certain affiliated entities within a corporate group from the swap clearing requirement under the applicable provision of the Commodity Exchange Act (CEA or Act). These amendments concern the anti-evasionary condition that swaps subject to the clearing requirement entered into with unaffiliated counterparties either be cleared or be eligible for an exception to or exemption from the clearing requirement. Specifically, the amendments make permanent certain temporary alternative compliance frameworks intended to make this anti-evasionary condition workable for international corporate groups in the absence of foreign clearing regimes determined to be comparable to CFTC requirements.

The Federal Deposit Insurance Corporation (FDIC) is issuing regulations clarifying the law that governs the interest rates State- chartered banks and insured branches of foreign banks (collectively, State banks) may charge. These regulations provide that State banks are authorized to charge interest at the rate permitted by the State in which the State bank is located, or one percent in excess of the 90-day commercial paper rate, whichever is greater. The regulations also provide that whether interest on a loan is permissible under section 27 of the Federal Deposit Insurance Act is determined at the time the loan is made, and interest on a loan permissible under section 27 is not affected by a change in State law, a change in the relevant commercial paper rate, or the sale, assignment, or other transfer of the loan.