August 2020 – Federal Register Recent Federal Regulation Documents

In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the extension to the information collection, FERC-725A(1C) (Mandatory Reliability Standards for Bulk- Power System: Reliability Standard TOP-001-4) which will be submitted to the Office of Management and Budget (OMB) for a review of the information collection requirements.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR) Standards for Pesticide Containers and Containment'' (EPA ICR Number 1632.06 and OMB Control Number 2070- 0133) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). This is a proposed extension of the ICR, which is currently approved through October 31, 2020. Public comments were previously requested via the Federal Register on December 3, 2019 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

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.

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.

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.

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.

This interim final rule sets procedures for the Arts Endowment relating to the issuance of guidance documents.

This final Operations Notice for the Expansion of the Moving to Work (MTW) Demonstration Program (MTW Operations Notice) establishes requirements for the implementation and continued operation of the MTW demonstration program pursuant to the 2016 MTW Expansion Statute, which authorizes HUD to expand the MTW demonstration program from the current size of 39 agencies to an additional 100 agencies over a period of 7 years. Under the MTW program, MTW agencies have the flexibility to apply fungibility among three core funding programs' funding streams public housing Operating Funds, public housing Capital Funds, and HCV assistance (to include both HAP and Administrative Fees) and are also permitted to waive a number of program requirements. This notice follows prior Federal Register notices for public comment and, following HUD's consideration of the comments received, revises and adds waivers and activities, which are included in the three Appendices also published in today's Federal Register. Appendix 1, MTW Waivers, is a simplified guide for MTW agencies seeking to develop MTW initiatives that have already been executed by existing MTW agencies. MTW agencies may implement any activity contained in Appendix I without further HUD approval as long as it is included in the MTW Supplement and implemented with the associated safe harbors. Appendix II contains instructions for written impact analyses and hardship policies. Impact analyses are required for certain activities, such as Work Requirements, Term-Limited Assistance, and Stepped Rent. Appendix II also contains procedures for the written policies MTW agencies must adopt for determining when a requirement or provision of an MTW activity constitutes a financial or other hardship for the family. Appendix III contains the method for calculating the requirement that MTW agencies house substantially the same number of families as they would have absent MTW. This notice is final and effective immediately. This final notice also solicits additional public comments on additional activities and waivers added in this notice, and HUD will notify the public if any changes are made as a result of these additional public comments.

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.

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.

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.

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.

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.

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.

The Drug Enforcement Administration proposes placing 1-(1,3- benzodioxol-5-yl)-2-(ethylamino)pentan-1-one (N-ethylpentylone, ephylone) and its optical, positional, and geometric isomers, salts, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, in schedule I of the Controlled Substances Act. If finalized, this action would make permanent the existing regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess), or propose to handle N-ethylpentylone.

The Coast Guard is establishing a temporary special local regulation (SLR) on the waters of San Diego Bay, California on September 6, 2020. This temporary SLR is necessary to provide for the safety of the participants, crew, spectators, sponsor vessels, and general users of the waterway. This SLR temporarily establishes a designated section of the commercial anchorage area as a First Amendment area to be used at the discretion of the the Captain of the Port, or his designated representative as a spectator area. Parade participants operating within the SLR shall comply with all instructions given by the on-scene PATCOM monitoring the event. During the enforcement period, persons and vessels are prohibited from anchoring, blocking, loitering, or impeding within this regulated area unless authorized by the Captain of the Port, or his designated representative.

The Bureau of Industry and Security (BIS) controls the export, reexport, and transfer (in-country) of dual-use and certain military items through the Export Administration Regulations (EAR), including the Commerce Control List (CCL). Many items (commodities, software, and technology) subject to the jurisdiction of the EAR are listed on the CCL. Pursuant to the Export Control Reform Act of 2018, BIS and its interagency partners are engaged in a process to identify emerging and foundational technologies that are essential to the national security of the United States. Foundational technologies essential to the national security are those that may warrant stricter controls if a present or potential application or capability of that technology poses a national security threat to the United States. In order to determine if technologies are foundational, BIS will evaluate specific items, including items currently subject only to anti-terrorism (AT) controls on the CCL or those designated as EAR99. This ANPRM seeks public comment on the definition of, and criteria for, identifying foundational technologies. Comments on this ANPRM will help inform the interagency process to identify and describe such foundational technologies.

In the August 4, 2020 issue of the Federal Register, we published a final rule entitled ``FY 2021 Inpatient Psychiatric Facilities Prospective Payment System (IPF PPS) and Special Requirements for Psychiatric Hospitals for Fiscal Year Beginning October 1, 2020 (FY 2021)''. The August 4, 2020 final rule updates the prospective payment rates, the outlier threshold, and the wage index for Medicare inpatient hospital services provided by Inpatient Psychiatric Facilities (IPF), which include psychiatric hospitals and excluded psychiatric units of an Inpatient Prospective Payment System (IPPS) hospital or critical access hospital. In addition, we adopted more recent Office of Management and Budget (OMB) statistical area delineations, and applied a 2-year transition for all providers negatively impacted by wage index changes. This correction document corrects the statement of economic significance in the August 4, 2020 final rule.

As a result of the determinations by the Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on carbon and certain alloy steel wire rod (wire rod) from Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago and revocation of the countervailing duty (CVD) order on wire rod from Brazil would likely lead to continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD orders and the CVD order.

Our Office of the General Counsel (OGC) is responsible for processing and handling summonses and complaints in lawsuits involving judicial review of our final decisions on individual claims for benefits under titles II, VIII, and XVI of the Social Security Act (Act), and individual claims for a Medicare Part D subsidy under title XVIII of the Act. This notice sets out the names and current addresses of those offices and the jurisdictions for which each office has responsibility.