July 2020 – Federal Register Recent Federal Regulation Documents

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.

NMFS is transferring 30 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the Harpoon category. With this transfer, the adjusted Harpoon category quota for the 2020 fishing season is 76 mt. The 2020 Harpoon category fishery is open until November 15, 2020, or until the Harpoon category quota is reached, whichever comes first. The action is based on consideration of the regulatory determination criteria regarding inseason adjustments, and applies to Atlantic tunas Harpoon category (commercial) permitted vessels.

The Environmental Protection Agency (EPA) Region 5 is issuing a Notice of Intent to Delete Operable Unit 1 (OU1) and Operable Unit 2 (OU2) (the two capped landfill areas) of the Fort Wayne Reduction Dump Superfund Site (Fort Wayne Reduction Site or Site) located in Fort Wayne, Indiana, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Indiana, through the Indiana Department of Environmental Management (IDEM), have determined that all appropriate response actions under CERCLA, other than operation and maintenance, monitoring, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

The FAA proposes to adopt a new airworthiness directive (AD) for Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model BO- 105A, BO-105C, BO-105S, MBB-BK 117 A-1, MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-BK 117 B-1, MBB-BK 117 B-2, and MBB-BK 117 C-1 helicopters. This proposed AD would require inspecting the starter-generator electrical ground connection, retrofitting the starter-generator wire harness, and depending on model, revising the Rotorcraft Flight Manual (RFM) for your helicopter. This proposed AD was prompted by a report of a loss of electrical ground between the starter-generator and the generator voltage regulator (regulator). The proposed actions are intended to correct an unsafe condition on these products.

The Coast Guard will enforce certain safety zones located in the federal regulations for Annual Events in the Captain of the Port Buffalo. This action is necessary and intended to protect the safety of life and property on navigable waters prior to, during, and immediately after these events. During each enforcement period, no person or vessel may enter the respective safety zone without the permission of the Captain of the Port Buffalo.

This action establishes permitting and reporting requirements for privately owned and operated recreational vessels fishing for tilefish north of the Virginia/North Carolina border. This action is necessary to implement technical measures for the conceptual permitting and reporting requirements previously approved as part of Amendment 6 to the Tilefish Fishery Management Plan. The intended effect of this action is to monitor recreational tilefish effort and catch for this periodic offshore fishery.

The Environmental Protection Agency (EPA) is proposing to approve a portion of a state implementation plan (SIP) revision submitted by the Commonwealth of Virginia. The portion for approval consists of negative declarations for certain specified Control Techniques Guidelines (CTG), including the 2016 Oil and Natural Gas CTG (2016 Oil and Gas CTG), as well as a number of other negative declarations for Alternative Control Techniques (ACTs) for the 2008 ozone National Ambient Air Quality Standard (NAAQS). The negative declarations cover only those CTGs or ACTs for which there are no sources subject to those CTGs or ACTs located in the Northern Virginia Volatile Organic Compound (VOC) Emissions Control Area. This action is being taken under the Clean Air Act (CAA).

Under the Mark-to-Market program, HUD preserves the affordability of eligible multifamily housing projects by modifying above-market rents while restructuring project debt to an amount supportable by the modified rents. This proposed rule would revise the Mark-to-Market program regulations to clarify that all annual rent adjustments for projects subject to a restructuring plan are by application of an operating cost adjustment factor (OCAF) established by HUD. The current regulations contain a provision authorizing HUD to approve a request for a budget-based rent adjustment in lieu of an OCAF. However, this provision is both contrary to the governing statutory framework and inconsistent with Mark-to-Market renewal contracts, which allow only OCAF rent adjustments. The proposed rule would conform the regulations to the governing statutory provision, the terms of Mark-to-Market renewal contracts, and the programmatic practice of adjusting rents annually only by OCAF.

In this document, the Commission seeks comment on the extent to which we should clarify or modify our existing rules in order to further promote the deployment by television broadcasters of new, innovative ancillary and supplementary services, which we refer to as ``Broadcast Internet,'' as part of the transition to ATSC 3.0. We first seek comment generally on potential uses of the new technological capability from ATSC 3.0 and any existing regulatory barriers to deployment. We then consider specifically whether any changes or clarifications are needed to the ancillary and supplementary service fee rules and the rules defining derogation of service and analogous services. A Declaratory Ruling relating to the broadcast ancillary and supplementary service rules is published elsewhere in this issue of the Federal Register.

The Department of Defense (DoD) is proposing to amend its regulations prohibiting unlawful discrimination on the basis of disability in programs or activities receiving Federal financial assistance from, or conducted by, DoD. These revisions update and clarify the obligations that section 504 of the Rehabilitation Act imposes on recipients of Federal financial assistance and DoD Components, in order to incorporate current statutory provisions, requirements from judicial decisions, and comparable provisions implementing title II of the Americans with Disabilities Act (ADA). The regulation is further revised to implement section 508 of the Rehabilitation Act, as applicable to the DoD Components, in order to provide policy concerning accessibility of DoD information and communication technology. Additionally, the regulation provides the procedures pursuant to sections 504 or 508 of the Rehabilitation Act.

The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-8 and 737-9 (737 MAX) airplanes. This AD requires removing Kathon FP 1.5 biocide from the fuel tanks and engines, installing a fuel limitation placard, and revising the existing airplane flight manual (AFM) to prohibit operation of the airplane with Kathon FP 1.5 biocide in a fuel tank or engine. This AD was prompted by a report indicating that Kathon FP 1.5 biocide added to fuel and running through the engines can lead to significant engine anomalies. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for Diamond Aircraft Industries Models DA 40, DA 40 F, and DA 40 NG airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as deterioration of the fuel tank connection hoses that could result in restriction of fuel flow leading to fuel starvation and reduced control of the airplane. The FAA is issuing this AD to require actions to address the unsafe condition on these products.

The FAA proposes to supersede Airworthiness Directive (AD) 2014-26-07 and AD 2019-07-01 which apply to Dassault Aviation Model FAN JET FALCON and FAN JET FALCON SERIES C, D, E, F, and G airplanes. AD 2019-07-01 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations and maintenance requirements. Since the FAA issued AD 2019-07-01, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, 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.

In this document, the Federal Communications Commission (FCC) announces that the Office of Management and Budget (OMB) has approved non-substantive and non-material changes to the information collections associated with certain rule amendments adopted in the Report and Order, FCC 20-8, MB Docket Nos. 19-165, 17-105 (Report and Order), to modernize certain notice requirements for cable operators and direct broadcast satellite (DBS) providers. The Commission also announces that compliance with the revised rules is required. This document is consistent with Electronic Delivery of Notices to Broadcast Television Stations, published March 20, 2020, which stated that the Commission would publish a document in the Federal Register announcing the compliance date for the revised rules listed in the DATES section below.

This final rule makes changes to the Department of Health and Human Services' (HHS) regulations governing the Confidentiality of Substance Use Disorder Patient Records. These changes were prompted by the need to continue aligning the regulations with advances in the U.S. health care delivery system, while retaining important privacy protections for individuals seeking treatment for substance use disorders (SUDs). SAMHSA strives to facilitate information exchange for safe and effective SUD care, while addressing the legitimate privacy concerns of patients seeking treatment for a SUD. Within the constraints of the authorizing statute, these changes are also an effort to make the regulations more understandable and less burdensome.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the State of New Jersey's State Implementation Plan (SIP) for the ozone National Ambient Air Quality Standard (NAAQS) related to a source-specific SIP for CMC Steel New Jersey, located at 1 N. Crossman, Sayreville, New Jersey (Facility). The control options in this source-specific SIP address volatile organic compounds (VOC) and nitrogen oxide (NOX) Reasonably Available Control Technology (RACT) for the Facility's electric arc furnace (Sayreville EAF). The intended effect of this source-specific SIP revision is to allow the Facility to continue to operate under the current, New Jersey Department of Environmental Protection (NJDEP) approved VOC and NOX emission limits for the Sayreville EAF. The Facility met the statutory criteria and deadline to qualify for continuing to operate under its existing VOC and NOX emission limits. This action will not increase the hourly emissions of the Sayreville EAF affected source and will not interfere with any applicable requirements of any National Ambient Air Quality Standard. Therefore, this action meets all applicable requirements of the Clean Air Act.

The Environmental Protection Agency (EPA) Region 4 is issuing a Notice of Intent to Delete the Red Panther Chemical Company Superfund Site (Site) located in Clarksdale, Mississippi, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.