August 28, 2020 – Federal Register Recent Federal Regulation Documents

CARD Act Rules Review Pursuant to the Regulatory Flexibility Act; Request for Information Regarding Consumer Credit Card Market
Document Number: 2020-19112
Type: Proposed Rule
Date: 2020-08-28
Agency: Bureau of Consumer Financial Protection
The Bureau of Consumer Financial Protection (Bureau) is requesting comment on two related, but separate, reviews. First, the Bureau is conducting a review of the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act) Rules. As part of this review, the Bureau is seeking comment on the economic impact of the CARD Act Rules on small entities so that it can determine whether the rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize any significant economic impact of the rules upon a substantial number of such small entities. Second, the Bureau is conducting a review of the consumer credit card market, within the limits of its existing resources available for reporting purposes, pursuant to the CARD Act, and is seeking comment on a number of aspects of the consumer credit card market.
Proposed Amendment of Class E Airspace; Montezuma, GA
Document Number: 2020-18990
Type: Proposed Rule
Date: 2020-08-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace extending upward from 700 feet above the surface in Montezuma, GA, due to the decommissioning of the Montezuma non-directional beacon (NDB) and cancellation of the associated approach at Dr. CP Savage Sr. Airport. This action would also update the geographic coordinates of the airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.
Airworthiness Directives; Airbus SAS Airplanes
Document Number: 2020-18936
Type: Rule
Date: 2020-08-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding Airworthiness Directive (AD) 2019-03- 11, which applied to certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2019-03-11 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance requirements and airworthiness limitations. This AD requires 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 is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Airworthiness Directives; Airbus SAS Airplanes
Document Number: 2020-18930
Type: Rule
Date: 2020-08-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A318-111, -112, -121, and -122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model A320-211, -212, -214, -216, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. This AD was prompted by reports of fatigue cracks on continuity fittings at the lower framing of the front windshield on airplanes on which a certain production modification has been embodied. Additional analysis showed that certain certification requirements for damage tolerance and fatigue are not met on airplanes in a certain post- production modification configuration. This AD requires repetitive high frequency eddy current (HFEC) inspections of the central node windshield area for cracking, and applicable corrective actions if cracking is found, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Proposed Amendment of Class E Airspace; Trenton, MO
Document Number: 2020-18921
Type: Proposed Rule
Date: 2020-08-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend the Class E airspace extending upward from 700 feet above the surface at Trenton Municipal Airport, Trenton, MO. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the Trenton non- directional beacon (NDB) which provided navigation information to the instrument procedures at this airport. The geographical coordinates would also be updated to coincide with the FAA's aeronautic database. Airspace redesign is necessary for the safety and management of instrument flight rules (IFR) operations at this airport.
Proposed Amendment of Class E Airspace; Burlington, KS
Document Number: 2020-18918
Type: Proposed Rule
Date: 2020-08-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend the Class E airspace extending upward from 700 feet above the surface at Coffey County Airport, Burlington, KS. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the Boyd non- directional beacon (NDB) which provided navigation information to the instrument procedures at this airport.
Amendment of VOR Federal Airways V-24, V-97, and V-171 in the Vicinity of Lone Rock, WI
Document Number: 2020-18862
Type: Rule
Date: 2020-08-28
Agency: Federal Aviation Administration, Department of Transportation
This action amends VHF Omnidirectional Range (VOR) Federal airways V-24, V-97, and V-171 in the vicinity of Lone Rock, WI. These amendments are due to the planned decommissioning of the VOR portion of the Lone Rock, WI, VOR/Distance Measuring Equipment (VOR/DME) navigation aid (NAVAID) which provides navigation guidance for portions of the affected airways. The Lone Rock, WI, VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.
Guidance Documents
Document Number: 2020-18861
Type: Rule
Date: 2020-08-28
Agency: Railroad Retirement Board, Agencies and Commissions
To implement the executive order ``Promoting the Rule of Law Through Improved Agency Guidance Documents,'' we are amending our regulations to set forth procedures for issuing guidance documents. The amendment defines ``guidance'' document and explains the procedures that the Railroad Retirement Board will follow in issuing a guidance document.
Proposed Amendment of Class E Airspace; Paris, ID
Document Number: 2020-18823
Type: Proposed Rule
Date: 2020-08-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify the Class E airspace extending upward from 700 feet above the surface at Bear Lake County Airport, Paris, ID, to accommodate new area navigation (RNAV) procedures at the airport. This action would ensure the safety and management of instrument flight rules (IFR) operations within the National Airspace System.
Auction of Flexible-Use Service Licenses in the 3.7-3.98 GHz Band for Next-Generation Wireless Services; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 107
Document Number: 2020-18804
Type: Rule
Date: 2020-08-28
Agency: Federal Communications Commission, Agencies and Commissions
This document summarizes the procedures and deadlines for the upcoming auction of 3.7 GHz Service Licenses in the 3.7-3.98 GHz Band. The Auction 107 Procedures Public Notice summarized here is intended to familiarize applicants with the procedures and other requirements governing participation in Auction 107 by providing details regarding the procedures, terms, conditions, dates, and deadlines, as well as an overview of the post-auction application and payment processes.
Wireless E911 Location Accuracy Requirements
Document Number: 2020-18795
Type: Rule
Date: 2020-08-28
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (the FCC or Commission) builds upon the Commission's efforts to improve its wireless Enhanced 911 (E911) location accuracy rules by enabling 911 call centers and first responders to more accurately identify the floor level for wireless 911 calls made from multi-story buildings. The Sixth Report and Order and Order on Reconsideration affirms the April 3, 2021, and April 3, 2023, z-axis location accuracy requirements for nationwide wireless providers and rejects an untimely proposal to weaken these requirements; allows wireless providers to deploy technologies that focus on multi-story buildings, where vertical location information is most vital to first responders, and handset- based deployment solutions that meet the z-axis metric; requires nationwide wireless providers to deploy z-axis technology nationwide by April 3, 2025 (non-nationwide wireless providers would have an additional year to deploy z-axis technology throughout their service areas (i.e., April 3, 2026)); and requires wireless providers, beginning January 6, 2022, to provide dispatchable location with wireless 911 calls when it is technically feasible to do so. Finally, we deny a Petition for Reconsideration of the Fifth Report and Order.
Highly Erodible Land and Wetland Conservation
Document Number: 2020-18626
Type: Rule
Date: 2020-08-28
Agency: Department of Agriculture, Office of the Secretary
The United States Department of Agriculture (USDA) is issuing a final rule for the Highly Erodible Land and Wetland Conservation provisions of the Food Security Act of 1985, as amended (the 1985 Farm Bill). USDA published an interim rule, with request for comments, on December 7, 2018, to clarify how USDA delineates, determines, and certifies wetlands located on subject land in a manner sufficient for making determinations of ineligibility for certain USDA program benefits. USDA received comments from 65 commenters who provided 354 comments in response to the interim rule. Additionally, one of the 65 comments was submitted by an organization that submitted a spreadsheet of 15,094 substantively identical comments. This rule makes permanent many of the changes made in the interim rule, responds to comments received, and makes further adjustments in response to some of the comments received.
Promoting Regulatory Openness Through Good Guidance (PRO Good Guidance)
Document Number: 2020-18500
Type: Rule
Date: 2020-08-28
Agency: Department of Labor, Office of the Secretary
This rule establishes the U.S. Department of Labor's policy and requirements for issuing, modifying, withdrawing, and using guidance; making guidance available to the public; a notice-and-comment process for significant guidance; and taking and responding to petitions about guidance. This rule will help the Department use guidance lawfully and appropriately, and it gives Americans fairer notice of and improved access to guidance. The Department expects this rule will have meaningful benefits for employers, workers, and the American public overall.
Qualified Mortgage Definition Under the Truth in Lending Act (Regulation Z): Seasoned QM Loan Definition
Document Number: 2020-18490
Type: Proposed Rule
Date: 2020-08-28
Agency: Bureau of Consumer Financial Protection
With certain exceptions, Regulation Z requires creditors to make a reasonable, good faith determination of a consumer's ability to repay any residential mortgage loan, and loans that meet Regulation Z's requirements for ``qualified mortgages'' (QMs) obtain certain protections from liability. Regulation Z contains several categories of QMs, including the General QM category and a temporary category (Temporary GSE QM loans) of loans that are eligible for purchase or guarantee by government-sponsored enterprises (GSEs) while they are operating under the conservatorship or receivership of the Federal Housing Finance Agency (FHFA). The Bureau of Consumer Financial Protection (Bureau) is issuing this proposal to create a new category of QMs (Seasoned QMs) for first-lien, fixed-rate covered transactions that have met certain performance requirements over a 36-month seasoning period, are held in portfolio until the end of the seasoning period, comply with general restrictions on product features and points and fees, and meet certain underwriting requirements. The Bureau's primary objective with this proposal is to ensure access to responsible, affordable mortgage credit by adding a Seasoned QM definition to the existing QM definitions.
Procedures for Arts Endowment Guidance Documents
Document Number: 2020-18459
Type: Rule
Date: 2020-08-28
Agency: National Endowment for the Arts, National Foundation for the Arts and Humanities
This interim final rule sets procedures for the Arts Endowment relating to the issuance of guidance documents.
Fisheries Off West Coast States; Delay Implementation of West Coast Groundfish Electronic Monitoring Program
Document Number: 2020-18456
Type: Proposed Rule
Date: 2020-08-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This proposed rule would revise regulations to delay implementation of the Electronic Monitoring (EM) Program for the West Coast Groundfish Trawl Rationalization Program. This action would delay implementation of the EM Program to January 1, 2022. NMFS is proposing this change to provide additional time for industry and prospective service providers to prepare for implementation, as it is expected to strengthen Council and industry support for the EM program and may increase participation when it is implemented in 2022.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Southwest Fisheries Science Center Fisheries Research
Document Number: 2020-17848
Type: Proposed Rule
Date: 2020-08-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS's Office of Protected Resources (OPR) has received a request from NMFS's Southwest Fisheries Science Center (SWFSC) for authorization to take marine mammals incidental to fisheries research conducted in multiple specified geographical regions, over the course of five years from the date of issuance. As required by the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take, and requests comments on the proposed regulations. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization and agency responses will be summarized in the final notice of our decision.
Head Start Designation Renewal System
Document Number: 2020-17746
Type: Rule
Date: 2020-08-28
Agency: Department of Health and Human Services, Administration for Children and Families
This final rule refines how the Office of Head Start uses deficiencies, Classroom Assessment Scoring System: Pre-K (CLASS[supreg]) scores, and audit findings for designation renewal. It also streamlines and updates the regulatory provisions on designation renewal to make them easier to understand.
Migratory Bird Hunting; Seasons and Bag and Possession Limits for Certain Migratory Game Birds
Document Number: 2020-17693
Type: Rule
Date: 2020-08-28
Agency: Fish and Wildlife Service, Department of the Interior
This rule prescribes the seasons, hours, areas, and daily bag and possession limits for hunting migratory birds. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2020-21 season.
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2020-21 Season
Document Number: 2020-17692
Type: Rule
Date: 2020-08-28
Agency: Fish and Wildlife Service, Department of the Interior
This rule prescribes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off- reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter ``Service'' or ``we'') recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.
Provider-Based Requirements
Document Number: 2020-17042
Type: Rule
Date: 2020-08-28
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) adopts as final, with no changes, a proposed rule to revise its medical regulations concerning collection and recovery by VA for medical care and services provided to an individual at a VA medical facility for treatment of a nonservice-connected condition. Specifically, this rulemaking adds a regulation that establishes the requirements VA will use to determine whether a VA medical facility has provider-based status.
Carryback of Consolidated Net Operating Losses; Correcting Amendment
Document Number: 2020-16985
Type: Rule
Date: 2020-08-28
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to Treasury Decision 9900, which was published in the Federal Register on Wednesday, July 8, 2020. Treasury Decision 9900 contained temporary regulations that permit consolidated groups that acquire new members that were members of another consolidated group to elect in a year subsequent to the year of acquisition to waive all or part of the pre-acquisition portion of an extended carryback period under section 172 of the Internal Revenue Code (Code) for certain losses attributable to the acquired members if there is a retroactive statutory extension of the NOL carryback period under section 172.
Federal Acquisition Regulation: Modifications to Cost or Pricing Data Requirements; Corrections
Document Number: 2020-16975
Type: Rule
Date: 2020-08-28
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA are issuing a correction to FAC 2020-07; FAR Case 2018-005; Modifications to Cost or Pricing Data Requirements; Item IV; which published in the Federal Register on July 2, 2020. This correction makes editorial changes to correct erroneous dates to the affected FAR sections.
Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; A Holistic Approach to Closure Part A: Deadline To Initiate Closure
Document Number: 2020-16872
Type: Rule
Date: 2020-08-28
Agency: Environmental Protection Agency
On April 17, 2015, the Environmental Protection Agency (EPA or the Agency) promulgated national minimum criteria for existing and new coal combustion residuals (CCR) landfills and existing and new CCR surface impoundments. On August 21, 2018, the U.S. Court of Appeals for the D.C. Circuit issued its opinion in the case of Utility Solid Waste Activities Group v. EPA, 901 F.3d 414 (per curiam) (USWAG). This rule finalizes regulations, proposed on December 2, 2019, to implement the court's vacatur of the 2015 provisions. The court vacated provisions that allowed unlined impoundments to continue receiving coal ash unless they leak, and classified ``clay-lined'' impoundments as lined, thereby allowing such units to operate indefinitely. In addition, EPA is establishing a revised date by which unlined surface impoundments must cease receiving waste and initiate closure, following its reconsideration of those dates in light of the USWAG decision. Lastly, EPA is finalizing amendments proposed on August 14, 2019, to the requirements for the annual groundwater monitoring and corrective action report and the requirements for the publicly accessible CCR internet sites.
Supplemental Standards of Ethical Conduct for Employees of the National Labor Relations Board; Correction
Document Number: 2020-16669
Type: Rule
Date: 2020-08-28
Agency: National Labor Relations Board, Agencies and Commissions
The National Labor Relations Board (``NLRB'' or ``Board''), with the concurrence of the U.S. Office of Government Ethics (OGE), is correcting a final rule that appeared in the Federal Register on July 20, 2020. This final procedural rule amends the Supplemental Standards of Ethical Conduct for Employees of the National Labor Relations Board (NLRB Supplemental Ethics Regulations) to eliminate an out-of-date and unnecessary reference to the identity of its Designated Agency Ethics Official (DAEO) and Alternate Designated Agency Ethics Official (ADAEO) from its regulations.
Final Determination To Approve Site Specific Flexibility for the Cocopah Landfill
Document Number: 2020-16586
Type: Rule
Date: 2020-08-28
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is making a final determination to approve two Site Specific Flexibility Requests (SSFRs) from Cocopah Landfill, Inc. (CLI), a subsidiary of Republic Services, Inc. (Republic), to close and monitor the Cocopah Landfill. The Cocopah Landfill is located within Indian Country on the Cocopah Indian Reservation near Somerton, Arizona and was operated by Republic and its predecessors from the 1960's to the present. EPA is promulgating a site-specific rule proposed on May 6, 2020, that approves an alternative final cover and an alternative location for the storage of facility records.
New Mexico: Final Approval of State Underground Storage Tank Program Revisions and Incorporation by Reference
Document Number: 2020-16275
Type: Proposed Rule
Date: 2020-08-28
Agency: Environmental Protection Agency
Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to the State of New Mexico's Underground Storage Tank (UST) program submitted by the State. This proposed action is based on EPA's determination that these revisions satisfy all requirements needed for program approval. This proposal action also proposes to codify EPA's approval of New Mexico's state program and to incorporate by reference those provisions of the State regulations that we have determined meet the requirements for approval. The provisions will be subject to EPA's inspection and enforcement authorities under sections 9005 and 9006 of RCRA subtitle I and other applicable statutory and regulatory provisions.
New Mexico: Final Approval of State Underground Storage Tank Program Revisions and Incorporation by Reference
Document Number: 2020-16273
Type: Rule
Date: 2020-08-28
Agency: Environmental Protection Agency
Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State of New Mexico's Underground Storage Tank (UST) program submitted by the State. EPA has determined that these revisions satisfy all requirements needed for program approval. This action also codifies EPA's approval of New Mexico's State program and incorporates by reference those provisions of the State regulations that we have determined meet the requirements for approval. The provisions will be subject to EPA's inspection and enforcement authorities under Subtitle I of RCRA sections 9005 and 9006 and other applicable statutory and regulatory provisions.
FEMA's Hazard Mitigation Assistance and Planning Regulations
Document Number: 2020-16004
Type: Proposed Rule
Date: 2020-08-28
Agency: Federal Emergency Management Agency, Department of Homeland Security
The Federal Emergency Management Agency (FEMA) proposes to amend its Hazard Mitigation Assistance (HMA) program regulations to reflect current statutory authority and agency practice. FEMA's HMA program regulations consist of the Flood Mitigation Assistance (FMA) grant program, the Hazard Mitigation Grant Program (HMGP), financial assistance for property acquisition and relocation of open space, and mitigation planning program regulations. FEMA proposes to revise the FMA grant program regulations to incorporate changes made by amendments to the National Flood Insurance Act of 1968 (NFIA). Finally, FEMA proposes to update terms and definitions throughout the HMA and Mitigation Planning program regulations to better align with uniform administrative requirements that apply to all Federal assistance.
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