August 10, 2020 – Federal Register Recent Federal Regulation Documents

Special Local Regulation; North Atlantic Ocean, Ocean City, MD
Document Number: 2020-17480
Type: Rule
Date: 2020-08-10
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary special local regulation for certain waters of the North Atlantic Ocean adjacent to Ocean City, MD. This action is necessary to provide for the safety of life on these navigable waters located at Ocean City, MD, during activities associated with an air show event from August 13, 2020, through August 16, 2020. This rule prohibits persons and vessels from entering the regulated area unless authorized by the Captain of the Port Maryland-National Capital Region or the Coast Guard Patrol Commander.
Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use
Document Number: 2020-17467
Type: Rule
Date: 2020-08-10
Agency: Federal Emergency Management Agency, Department of Homeland Security
In April, the Federal Emergency Management Agency (FEMA) issued a temporary final rule to allocate certain health and medical resources for domestic use, so that these resources may not be exported from the United States without explicit approval by FEMA. The rule covered five types of personal protective equipment (PPE), outlined below. While this rule remains in effect, and subject to certain exemptions stated below, no shipments of such designated materials may leave the United States without explicit approval by FEMA. Through this extension, FEMA modifies the types of PPE covered and extends the duration of the temporary final rule.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Document Number: 2020-17390
Type: Rule
Date: 2020-08-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS closes the Harpoon category fishery for large medium and giant (i.e., measuring 73 inches (185 cm) curved fork length or greater) Atlantic bluefin tuna (BFT) through the end of the 2020 Harpoon category fishing season. Current regulations provide that the 2021 Harpoon category season begins June 1, 2021. The intent of this closure is to prevent further overharvest of the available Harpoon category BFT quota of 76 metric tons (mt).
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2020-17362
Type: Proposed Rule
Date: 2020-08-10
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede Airworthiness Directive (AD) 2016-25-29, which applies to certain The Boeing Company Model 767-200 and -300 series airplanes. AD 2016-25-29 requires replacing the cargo compartment insulation blankets on the left and right sides with new insulation blankets that incorporate fire stops. Since the FAA issued AD 2016-25-29, it was determined that an incorrect part number was specified for certain insulation blankets, and the FAA has determined that additional insulation blankets need to be replaced and that additional airplanes are subject to the unsafe condition. This proposed AD would continue to require the actions in AD 2016-25-29 for certain airplanes. This proposed AD would also add airplanes to the applicability and would require a general visual inspection of the replacement insulation blankets to determine if the blankets are in serviceable condition and correctly installed, and applicable on- condition actions. For certain airplanes, this AD would also require an inspection to determine the insulation blanket part number installed; replacement of additional insulation blankets; and applicable on- condition actions. The FAA is proposing this AD to address the unsafe condition on these products.
Airworthiness Directives; Daher Aircraft Design, LLC (Type Certificate Previously Held by Quest Aircraft Design, LLC), Airplanes
Document Number: 2020-17273
Type: Rule
Date: 2020-08-10
Agency: Federal Aviation Administration, Department of Transportation
The FAA is correcting an airworthiness directive (AD) that published in the Federal Register. The AD applies to all Daher Aircraft Design, LLC (type certificate previously held by Quest Aircraft Design, LLC), Model KODIAK 100 airplanes. As published, the type certificate (TC) holder in the regulatory heading that identifies the AD is incorrect. This document corrects that error. In all other respects, the original document remains the same; however, for clarity, the FAA is publishing the entire rule in the Federal Register.
Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs
Document Number: 2020-17223
Type: Proposed Rule
Date: 2020-08-10
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) takes further steps to protect the nation's communications networks from potential security threats as the Commission integrates provisions of the recently enacted Secure and Trusted Communications Networks Act of 2019 (Secure Networks Act) into its existing supply chain rulemaking proceeding. The Commission seeks comment on proposals to implement further Congressional direction in the Secure Networks Act.
Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2021
Document Number: 2020-17209
Type: Rule
Date: 2020-08-10
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule updates the prospective payment rates for inpatient rehabilitation facilities (IRFs) for Federal fiscal year (FY) 2021. As required by statute, this final rule includes the classification and weighting factors for the IRF prospective payment system's case-mix groups and a description of the methodologies and data used in computing the prospective payment rates for FY 2021. This final rule adopts more recent Office of Management and Budget statistical area delineations and applies a 5 percent cap on any wage index decreases compared to FY 2020 in a budget neutral manner. This final rule also amends the IRF coverage requirements to remove the post-admission physician evaluation requirement and codifies existing documentation instructions and guidance. In addition, this final rule amends the IRF coverage requirements to allow, beginning with the second week of admission to the IRF, a non-physician practitioner who is determined by the IRF to have specialized training and experience in inpatient rehabilitation to conduct 1 of the 3 required face-to-face visits with the patient per week, provided that such duties are within the non-physician practitioner's scope of practice under applicable state law.
Financial Crimes Enforcement Network; Withdrawal of the Notice of Finding Involving Banco Delta Asia SARL (BDA)
Document Number: 2020-17144
Type: Rule
Date: 2020-08-10
Agency: Department of the Treasury, Financial Crimes Enforcement Network
This document withdraws FinCEN's finding that BDA is a financial institution of primary money laundering concern, which was issued pursuant to Section 311 of the USA PATRIOT Act (Section 311). Subsequent to the issuance of this withdrawal, FinCEN will reassess whether BDA is presently a financial institution of primary money laundering concern and additional rulemaking is warranted. Elsewhere in this issue of the Federal Register, FinCEN is publishing a repeal of the related rulemaking, published March 19, 2007, imposing the fifth special measure against BDA.
Financial Crimes Enforcement Network; Repeal of Special Measure Involving Banco Delta Asia (BDA)
Document Number: 2020-17143
Type: Rule
Date: 2020-08-10
Agency: Department of the Treasury, Financial Crimes Enforcement Network
This rule repeals regulations concerning Special measures against Banco Delta Asia, which were issued pursuant to Section 311 of the USA PATRIOT Act (Section 311). Subsequent to the issuance of this rule, FinCEN will reassess whether BDA is presently a financial institution of primary money laundering concern and additional rulemaking is warranted. Elsewhere in this issue of the Federal Register, FinCEN is publishing a withdrawal of the finding regarding BDA, issued September 20, 2005.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion the Anaconda Co. Smelter Superfund Site
Document Number: 2020-16860
Type: Proposed Rule
Date: 2020-08-10
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 8 is issuing a Notice of Intent to Delete the Beryllium Operable Unit 9 (OU9), the Flue Dust OU11 and the Arbiter OU12 of the Anaconda Co. Smelter Superfund Site (Site) located in Anaconda, MT, 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 Montana, through the Department of Environmental Quality (MDEQ), have determined that all appropriate response actions at these identified parcels 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. This partial deletion pertains to three Operable Units; the Beryllium (OU9), the Flue Dust (OU11) and the Arbiter (OU12). The other areas of the Site will remain on the NPL and are not being considered for deletion as part of this action.
Scheduling of Annual Leave by Employees Determined Necessary To Respond to Certain National Emergencies
Document Number: 2020-16823
Type: Rule
Date: 2020-08-10
Agency: Office of Personnel Management
The Office of Personnel Management is issuing interim regulations to assist agencies and employees responding to the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak and for future national emergencies. The regulations provide that employees who would forfeit annual leave in excess of the maximum annual leave allowable carryover because of their work to support the nation during a national emergency will have their excess annual leave deemed to have been scheduled in advance and subject to leave restoration.
Request for Information and Comments on Consumption of Certain Uncommon Produce Commodities in the United States; Establishment of a Public Docket
Document Number: 2020-16800
Type: Proposed Rule
Date: 2020-08-10
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA, the Agency, or we) is opening a docket to receive information and comments related to certain produce commodities with no or low reported consumption in the database relied on to create the list of rarely consumed raw commodities that are exempt from the Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption regulation. FDA intends to use the information to consider whether any of these commodities should be added to the rarely consumed raw list.
Findings of Failure To Submit State Implementation Plans Required for Attainment of the 2010 1-Hour Primary Sulfur Dioxide (SO2
Document Number: 2020-16672
Type: Rule
Date: 2020-08-10
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking final action to find that Texas has failed to submit State Implementation Plans (SIPs) to satisfy certain nonattainment area planning requirements of the Clean Air Act (CAA) for the 2010 1-hour primary Sulfur Dioxide (SO2) National Ambient Air Quality Standard (NAAQS). The purpose for the development and implementation of a nonattainment area SIP is to provide for attainment of the NAAQS as expeditiously as practicable following the designation of an area as nonattainment. This action establishes certain CAA deadlines for the EPA to impose sanctions if Texas does not submit a complete SIP for each nonattainment area addressing the outstanding requirements and for the EPA to promulgate a Federal Implementation Plan (FIP) to address any outstanding SIP requirements.
Safety Zone Regulations; Recurring Marine Event in the Long Island Sound Captain of the Port Zone
Document Number: 2020-16524
Type: Rule
Date: 2020-08-10
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce two safety zones in the Sector Long Island Sound area of responsibility on the dates and times listed in the table below. This action is necessary to provide for the safety of life on navigable waterways during the event. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port (COTP) Sector Long Island Sound or designated representative.
Air Plan Partial Approval and Partial Disapproval; California; San Diego
Document Number: 2020-16279
Type: Proposed Rule
Date: 2020-08-10
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove revisions to the San Diego Air Pollution Control District (SDAPCD) portion of the California State Implementation Plan (SIP). These revisions concern the District's demonstration regarding reasonably available control technology (RACT) requirements and negative declarations for the 2008 ozone national ambient air quality standards (NAAQS or ``standards'') in the San Diego ozone nonattainment area (NAA) under the jurisdiction of the SDAPCD. We are taking comments on this proposal and plan to follow with a final action.
Endangered and Threatened Wildlife; 12-Month Finding on a Petition To Identify the Northwest Atlantic Leatherback Turtle as a Distinct Population Segment and List It as Threatened Under the Endangered Species Act
Document Number: 2020-16277
Type: Rule
Date: 2020-08-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
We, NMFS and USFWS, announce a 12-month finding on a petition to identify the Northwest Atlantic population of the leatherback turtle (Dermochelys coriacea) as a distinct population segment (DPS) and list it as threatened under the Endangered Species Act (ESA). In response to the petition, we completed a comprehensive status review of the species, which also constitutes the 5-year review of the species, to determine potential DPSs following the Policy Regarding the Recognition of Distinct Vertebrate Population Segments Under the ESA and to perform extinction risk analyses. Based on the best scientific and commercial data available, including the Status Review Report, and after taking into account efforts made to protect the species, we conclude that seven populations would meet the discreteness and significance criteria for recognition as DPSs, including the Northwest Atlantic population. However, even if we were to list them separately, all seven DPSs would meet the definition for endangered species (i.e., they are in danger of extinction throughout all or a significant portion of their range). The species is already listed as endangered throughout its range. We have determined that the listing of DPSs is not warranted, and therefore we do not propose any changes to the existing global listing.
Radio Broadcasting Services; Various Locations
Document Number: 2020-16152
Type: Rule
Date: 2020-08-10
Agency: Federal Communications Commission, Agencies and Commissions
This document amends the FM Table of Allotments, of the Commission's rules, by reinstating certain vacant FM allotments. These FM allotments are considered vacant because of the cancellation of the associated authorizations and licenses, or the dismissal of long-form auction applications. Theses vacant FM allotments have previously undergone notice and comment rule making. Reinstatement of the vacant allotments is merely a ministerial action to effectuate licensing procedures. Therefore, we find for good cause that further notice and comment are unnecessary.
Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List the Black Teatfish as Threatened or Endangered Under the Endangered Species Act
Document Number: 2020-15721
Type: Proposed Rule
Date: 2020-08-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, announce a 90-day finding on a petition to list the black teatfish (Holothuria nobilis) as threatened or endangered under the Endangered Species Act (ESA). We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. Therefore, we are initiating a status review of the species to determine whether listing under the ESA is warranted. To ensure this status review is comprehensive, we are soliciting scientific and commercial information regarding this species.
Paid Parental Leave
Document Number: 2020-14832
Type: Rule
Date: 2020-08-10
Agency: Office of Personnel Management
The Office of Personnel Management is issuing an interim final rule to implement the Federal Employee Paid Leave Act, which provides 12 weeks of paid parental leave to certain Federal employees covered by the Family and Medical Leave Act (FMLA). Implementation of the new law also requires changes to OPM's existing FMLA regulations.
Navigation and Navigable Waters, and Shipping; Technical, Organizational, and Conforming Amendments for U.S. Coast Guard Field Districts 5, 8, 9, 11, 13, 14, and 17
Document Number: 2020-12916
Type: Rule
Date: 2020-08-10
Agency: Coast Guard, Department of Homeland Security
On February 13, 2020, the Coast Guard published a final rule on Navigation and Navigable Waters, and Shipping; Technical, Organizational, and Conforming Amendments for U.S. Coast Guard Field Districts 5, 8, 9, 11, 13, 14, and 17. Effective March 16, 2020, that rule removed a security zone regulation when only the section heading for that regulation needed to be amended. This document corrects that error.
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